MIDWEST TAPE, LLC (HOOPLA DIGITAL MEDIA)

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INSURANCE NOT ON FILE N-2024-051 WORK MAY NOT PROCEED CITY CLERK DATE: FEB 0 7 ZOZ4 O LOCO) t0. hoopla® Digital Media Agreement This hoopla Digital Media Agreement ("Agreement") is made as of this loth day of February 20_ZL ("Effective Date") by and between City of Santa Ana Public Library (the "Library"), and Midwest Tape, LLC. WHEREAS, Midwest Tape's hoopla Digital Media Platform ("hoopla," the "Platform," or the "hoopla Platform") allows participating libraries to provide their users with access to digital media content using smart phones, tablets, computers, streaming devices, and web browsers; and WHEREAS, the Platform is designed to be accessible 24/7 and offers various licenses to media content in multiple formats, including, without limitation, movies, television programs, music, audiobooks, eBooks, and comics, subject to circulation limits (if any) and other settings established by the user's library system; and WHEREAS, the Library wishes to make hoopla available to its authorized users ("Patrons"); NOW THEREFORE, in consideration of the promises and mutual covenants contained in this Agreement, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Library and Midwest Tape (each a "Party" and collectively the "Parties") agree as follows: DEFINITIONS. The following definitions apply wherever these terms appear in this Agreement, including the Appendices: 1.1 "Digital Media Platform" means one or more computer programs or applications owned, maintained, and/or used by Midwest Tape to provide access to Digital Titles and/or to allow the Library to manage its offering and Patron use of Digital Titles, including the hoopla Application, hoopla Website, and Library Administration Website. 1.2 "Digital Titles" means any and all digital media content that Midwest Tape makes available to the Library and its Patrons via the Digital Media Platform during the Term of this Agreement. 1.3 "Flex Borrow" or "Flex Circulation" means an OCOU Circulation, as defined in Appendix 2 to this Agreement. As set forth in the attached Appendix 2, a Flex Borrow occurs when a Patron uses the hoopla Application or hoopla Website to borrow a Digital Title that is at that time available to that user in the form of a one-copy/one-user ("OCOU") license owned or controlled by the Library. 1.4 "Flex License" means a one-copy/one user license ("OCOU License"), as set forth in the attached Appendix 2. 1.5 "hoopla Application" means one or more computer applications maintained, owned, and/or used by Midwest Tape to provide access for limited periods to Digital Titles (including the ability to browse, borrow, stream, download, and/or return such titles) using certain streaming devices, smart phones, tablets, and/or other mobile devices. 1.6 "hoopla Website" means a Midwest Tape website (currently www.hoopladigital.com) that may be used to access, browse, borrow, stream, and/or return Digital Titles. 9/2022US - PPU/OCOU Page 1