6.2 Ownership of Vendors' Intellectual Property. Subject to the provisions of this
<br />Agreement, hoopla vendors retain all of their Intellectual Property Rights in and to their Digital
<br />Titles, Metadata, Marks, and Promotional Postings, artwork, and other property that may be
<br />utilized or accessed in connection with the Platform.
<br />6.3 Ownership of Midwest Tape's Intellectual Property. As between the Parties, Midwest
<br />Tape owns and retains all Intellectual Property Rights in and to the Digital Media Platform, hoopla
<br />Application, hoopla Website, Library Administration Website, Midwest Tape and hoopla and
<br />hoopla digital trademarks, and all other Midwest Tape intellectual property, including but not
<br />limited to all modifications, updates, or improvements made thereto. The Library acknowledges
<br />Midwest Tape's ownership of such Intellectual Property Rights.
<br />5.4 Modifications to Digital Media Platform. Midwest Tape has the right to modify, at any
<br />time, the Platform, hoopla Application, hoopla Website, Library Administration Website, and other
<br />aspects and features of hoopla In Midwest Tape's sole discretion, including, without limitation, In
<br />order to develop, modify, or improve operations, performance, or functionality.
<br />6.6 Addition. Removal. and Modifications of Digital Titles. Midwest Tape has the right to
<br />take any or all of the following actions with respect to any Digital Title(s) at any time and in its sole
<br />discretion: (a) add or remove Digital Titles to or from the Platform; (b) set or adjust the applicable
<br />fees and charges, including, without limitation, PPU Circulation Fee(s), OCOU License Fees,
<br />and/or other charges relating to the Platform and/or the media content available on the Platform;
<br />(c) replace content files, Metadata, and/or Promotional Postings; and (d) edit or modify editorial
<br />content or designs. The Library will be notified by email, the Library Administration Website, or
<br />other means of major modifications to the functionality of the Platform.
<br />6.6 Promotion of the Platform. Midwest Tape may, at its own expense and in its own
<br />discretion, publicize the Platform and communicate with the general public and Patrons regarding
<br />the availability, features, and use of the Digital Titles, Digital Media Platform, hoopla Application,
<br />and hoopla Website.
<br />6.7 Suoport. Midwest Tape will support the Platform by maintaining help files, information,
<br />and other appropriate documentation and training materials. Midwest Tape will undertake
<br />reasonable efforts to help the Library perform the Library's obligation to provide Primary Support
<br />to Patrons, including by offering periodic training opportunities to Library staff, updating the Library
<br />regarding system changes, and providing the Library with answers to "frequently asked questions"
<br />related to the Platform.
<br />Midwest Tape will supply activation support, including assisting with the implementation of any
<br />software, and reasonable levels of continuing support to assist the Library in Its use of the
<br />Platform. Midwest Tape will make technical support personnel available for feedback, problem
<br />solving, and/or general questions. Technical support services to the Library include: (I) reasonable
<br />efforts to identify, correct, and/or circumvent errors in the Platform, hoopla Application, hoopla
<br />Website, and Library Administration Website; and (ii) supplying updates, enhancements, and new
<br />versions of the Platform as they become available (the "Secondary Support'). Midwest Tape has
<br />no obligation to provide Primary Support to Patrons and any support provided by Midwest Tape
<br />to Patrons will be in Midwest Tape's sole discretion.
<br />Midwest Tape will use reasonable efforts to provide continuous service. Permissible down time
<br />Includes periodic unavailability due to matters such as: maintenance of the server(s); installation
<br />or testing of software, public or private telecommunications services, or internet nodes or facilities;
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