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MIDWEST TAPE, LLC (HOOPLA DIGITAL MEDIA)
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MIDWEST TAPE, LLC (HOOPLA DIGITAL MEDIA)
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Last modified
2/13/2024 8:22:09 AM
Creation date
2/7/2024 3:25:24 PM
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Contracts
Company Name
MIDWEST TAPE, LLC (HOOPLA DIGITAL MEDIA)
Contract #
N-2024-051
Agency
Library
Expiration Date
2/10/2026
Notes
See the notice of compliance for the insurance date.
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2.1 Rights. During the Term, and subject to all the terms and limitations set forth in this <br />Agreement, Midwest Tape grants to the Library the non-exclusive and non-transferrable right to <br />display and access the Platform and Title Summary and Promotional Data for the limited purpose <br />of: (a) allowing Patrons to access, view, and borrow Digital Titles through the Platform and <br />pursuant to this Agreement; (b) promoting awareness and authorized use of the Platform, <br />including via postings on the Library Online Catalog; and (c) establishing and implementing <br />Library -specific policies in regard to use of the Platform by the Library and Patrons, consistent <br />with this Agreement and the requirements of the Platform. <br />2.2 Limitations. Except for the limited, non-exclusive, non-transferrable rights expressly <br />granted to Library under this Agreement, Library shall have no right in or to, or ownership of, the <br />Platform, Digital Titles, hoopla Application, hoopla Website, Library Administration Website, <br />Marks, Title Summary and Promotional Data, or any other artwork or materials delivered by or on <br />behalf of Midwest Tape. The Library shall have no right to access, use, modify, or reproduce any <br />portion of any source code relating to the Platform, or to make, sell, or distribute any variations or <br />derivative works of the Platform. The Library agrees to the support and protection of Intellectual <br />Property Rights (including but not limited to copyright and trademark protections), to discourage <br />copyright or trademark infringement, to use its best efforts to prohibit Patrons or others from <br />engaging in such infringement (including by immediately notifying Midwest Tape of any known or <br />suspected violations of Intellectual Property Rights relating to use of the Platform or the Digital <br />Titles), and to refrain from facilitating such activity. In addition, the Library will comply with all <br />other requirements communicated by or on behalf of Midwest Tape with respect to any Intellectual <br />Property Rights and the Marks. <br />2.3 No Public Performance Rights. The Library shall have no public performance rights in <br />the Digital Titles under the terms of this Agreement. Accordingly, the Library may not offer any <br />Digital Titles as a performance to Patrons or the general public, sponsored by the Library or <br />otherwise. <br />2.4 General Obligations. To facilitate the successful introduction of the Platform to Patrons, <br />and the use of the Platform by Patrons, the Library shall: (a) regularly communicate to staff, <br />Patrons, and the general public served that the Platform is available to Patrons; (b) provide <br />suitable training opportunities to appropriate Library staff members, so that they understand the <br />Platform and can assist in the promotion and the use of the Platform by Patrons; (c) regularly <br />feature prominent links and references to popular Digital Titles and the hoopla Website on the <br />Library Online Catalog's homepage; (d) incorporate MARC record data regarding Digital Titles in <br />the Library's catalog to enhance the discoverability of key content available in the Platform; (e) <br />manage all funds designated or appropriated for use of the Platform; (f) participate in the <br />implementation of the Platform, including without limitation by providing Midwest Tape with <br />sufficient and accurate information to identify Patrons of the Library who are authorized to utilize <br />the Platform; (g) provide Primary Support, as defined below; (h) perform requested linkage <br />between the Platform and the Library Online Catalog, as well as reasonable technical services to <br />support and maintain the Platform during the Term; and (i); notify Midwest Tape at least three (3) <br />business days before any change in any RSS links, ILS configuration, URL updates, or other <br />equipment or technology that could adversely impact the Platform and/or the use of the Platform, <br />including any changes that could impact the process of Patron authentication. <br />2.5 Network Connectivity. The Library is responsible for providing a suitable network and <br />Internet system for integration of the Platform into the Library Online Catalog or other systems. <br />9/2022US — PPU/OCOU Page 3 <br />
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