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Library access to the Library Administration Website, which offers tools to enable the Library to
<br />manage use of the Platform, including in regard to its inventory, Patron borrowing limits, lending
<br />policies, title blocking, ratings and user -advisory settings, usage dashboard, and reporting.
<br />5.2 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 />6.4 Modifications to Digital Media Platform. The Platform, hoopla Application, hoopla
<br />Website, Library Administration Website, and other aspects and features of hoopla may be
<br />modified at any time by Midwest Tape in its sole discretion, including, without limitation, in order
<br />to develop, modify, or improve operations, performance, or functionality.
<br />5.5 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 />5.6 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 />5.7 Support. To support the Platform, Midwest Tape will (a) maintain help files, information,
<br />and other appropriate documentation and training materials; (b) undertake reasonable efforts to
<br />help the Library perform its obligation to provide Primary Support to Patrons, including by offering
<br />periodic training opportunities to Library staff, updating the Library regarding system changes,
<br />and providing the Library with answers to "frequently asked questions" related to the Platform; (c)
<br />supply activation support, including assisting with the implementation of any software, and
<br />reasonable levels of continuing support to assist the Library in its use of the Platform; and (d)
<br />make technical support personnel available for feedback, problem solving, and/or general
<br />questions. Technical support services to the Library include: (i) reasonable efforts to identify,
<br />correct, and/or circumvent errors in the Platform, hoopla Application, hoopla Website, and Library
<br />Administration Website; and (ii) supplying updates, enhancements, and new versions of the
<br />Platform as they become available (the "Secondary Support"). It is acknowledged and agreed that
<br />Midwest Tape has no obligation to provide Primary Support to Patrons and any support provided
<br />to Patrons will be in its sole discretion.
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