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BAKER & TAYLOR LLC
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Last modified
8/8/2024 12:24:55 PM
Creation date
4/11/2022 4:07:50 PM
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Contracts
Company Name
BAKER & TAYLOR LLC
Contract #
N-2022-095
Agency
Library
Expiration Date
2/25/2025
Insurance Exp Date
11/2/2024
Destruction Year
2029
Notes
For Insurance Exp. Date see Notice of Compliance
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this respect. You acknowledge that certain aspects of the Service are dependent upon third parties <br />and upon your computers supplying us with data. Without prejudice to this generality, we may at any <br />time at our discretion: <br />(a) temporarily suspend or restrict access to the Service for the purposes of repair, modification, <br />maintenance or improvement or the implementation of new facilities or performance of back- <br />up or data archival; or <br />(b) give instructions to you regarding the use of the Service which in our reasonable opinion are <br />necessary in the interests of security or to maintain or improve the quality of the Service to <br />you. You will use your best endeavours to comply with such instructions and, while they are <br />in force, such instructions will be deemed to form part of this Agreement. <br />However, where reasonably possible, we shall give notice of any suspension, undertake system <br />maintenance activity out of your normal working hours (assuming these are gam until 5pm Monday - <br />Friday) and will restore the Service as soon as reasonably practicable after any such suspension. <br />5.2 You shall: <br />(a) grant us (or our employees and/or agents) access to your premises during normal business <br />hours and we and our employees and/oragents shall adhere to your policies and procedures <br />in relation to health and safety and security at all times; <br />(b) use reasonable endeavours to provide decisions, information or assistance to us on our <br />request in sufficient time and detail for us to provide the Service; and <br />(c) prepare the equipment, hardware, third party software, infrastructure and environment in <br />accordance with clause 3.2 and generally as required by us and to have access as provided <br />for in (a) and (b) above <br />in orderfor us to provide the Service in accordance with the Agreement. Forthe avoidance of doubtif <br />you do not comply with clause 5, we shall have no obligation to provide the Service. <br />6. Changes to Service <br />6.1 We reserve the right to enhance or otherwise change the Service or the Software from time to time in <br />order to improve the Service or Software we offer You. <br />7. Use of Service <br />7.1 Subject to your payment of the Subscription Fee as set out in the Offer, we grant to you a non- <br />exclusive, non -transferable right to access the Service for the duration of this Agreement for the sole <br />purpose of using the Service in relation to stock performance management for the Designated <br />Libraries. <br />7.2 You are permitted to print and download reports from the website for your own use provided that no <br />documents, information or related graphics on the website are modified in any way and no graphics <br />on the website are used separately from accompanying text and provided you otherwise comply with <br />the terms of this Agreement. <br />7.3 Unless otherwise stated by us on the website, the copyright and other intellectual property rights in <br />all material on the website and the Software are owned by us or our licensors. Any use of reports from <br />the website other than in accordance with Clause 7.2 above is prohibited. <br />7.4 Subject to Clause 7.2, no part of the website may be reproduced or stored in any other website or <br />included in any public or private electronic retrieval system or service without our prior written <br />permission. Such permission shall not be unreasonably withheld. <br />7.5 Upon acceptance of the Offer and subject to payment of the Subscription Fee, we shall provide you <br />with the usernames and passwords authorising use of the website for the Permitted Users specified <br />in the Offer. You may issue these to Permitted Users who are your employees, or such other types of <br />users as are agreed by us on the basis that each username and password pair is allocated to a single <br />user only and only such users who have been allocated with a username and password by you are <br />entitled to use the Service. You agree that you shall not disclose information in relation to the Software or <br />provide any access whatsoever to any third party which is not a Permitted User. <br />
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