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2011-345 Library - OverDrive, Inc. to provide digital book technology & services related to eBook, etc.
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2011-345 Library - OverDrive, Inc. to provide digital book technology & services related to eBook, etc.
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12/1/2016 9:06:07 AM
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1/4/2012 9:57:05 AM
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Date
11/11/2011
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Work Session
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Agreement
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2.6 "Digital Library Reserve" or "DLR" shall mean the OverDrive and integrated services utilizing OverDrive, <br /> Microsoft, Adobe or other third party software applications and services that relate to the Library Website operated by the <br /> Library for managing the Digital Products. <br /> 2.7 "Digital Library Reserve Guidelines" shall mean the terms and conditions of utilizing the Digital Rights <br /> Management Application Services. <br /> 2.8 "Effective Date" shall mean the date upon which both parties have signed the Agreement. <br /> 2.9 "Library" shall mean the organization or entity identified in the Introduction to this Agreement. <br /> 2.10 "Library Website" shall mean the Internet-based Digital Product application that provides Patrons access to <br /> Digital Products operated in association with the Digital Library Reserve and as a component of the Library website <br /> address(URL)designated by Library in the Introduction to this Agreement. <br /> 2.11 "OverDrive" shall mean: OverDrivea, Inc., a Delaware Corporation. <br /> 2.12 "Patron(s)" shall mean those persons that Library authorizes to access, use, and connect to the Library Website via <br /> the Internet, and download products from or otherwise utilize the Application Services and/or access Digital Products <br /> from the Library using the Application Services. <br /> 2.13 "Primary Support" shall mean services provided by Library to its Patrons for its day-to-day support, technical aid, <br /> help and other assistance for Patron's use of the Library Website, Applications or for any issues arising from the use of its <br /> Library Website. <br /> 2.14 "Secondary Support" shall mean technical support services to be provided by OverDrive to Library including <br /> reasonable efforts to assist Library in providing Primary Support, reasonable efforts to correct, fix, or circumvent errors, <br /> and in the discretion of OverDrive, provide at no cost to Library updates, enhancements, and new versions of the <br /> Application Services. <br /> 3. DIGITAL LIBRARY RESERVE APPLICATION SERVICES <br /> 3.1 OverDrive shall provide the Digital Library Reserve Application Services to the Library under the terms and <br /> conditions of this Agreement and the associated license agreements from its DRM or Digital Product and Content <br /> suppliers. This right is non-transferable and applies solely to the server-based operation, management and use of the <br /> Digital Library Reserve applications in unaltered, object code form. Nothing under the terms and conditions of this <br /> Agreement, including any of the Attachments and Schedules, grant any right to Library to the use of, or access to, any <br /> Application Services source code. This grant does not include any right to reproduce the Application Services, to <br /> distribute copies or versions of any modules of the Application Services to any third parties including its Patrons, or to <br /> make and/or sell variations or derivative works of the Application Services. Library shall be permitted to customize <br /> portions of the Application Services specifically the patron-facing User Interface on its website or otherwise to custom <br /> integrate the Application Services into its operational offerings. Sole ownership of copyrights and other intellectual and <br /> proprietary rights to the Application Services shall remain solely with OverDrive or its suppliers. <br /> 3.2 Library assumes responsibility for providing a suitable network and Internet system for integration of Application <br /> Services into Library's website or other systems. All parties acknowledge that any expenditures or commitments are <br /> made at the risk of the party making such expenditures or commitments. Library agrees that it shall be responsible for its <br /> own expenses and costs under this Agreement and that OverDrive shall have no obligation to reimburse Library for any <br /> expenses or costs incurred by Library in the preparation, systems integration, use of the Application Services, or for any <br /> performance of Library's duties hereunder. Specifically, DLR integrates with Library's patron authentication system <br /> using SIP2 or similar protocol. Library shall, at its own expense, purchase a SIP2 license, or use an existing such license if <br /> available. <br /> 3.3 OverDrive will create and implement a Library Website for Library's use of the Application Services as detailed <br /> in Schedule "A-1"that will include search function (by title category, author, keyword), multiple categories with multiple <br /> ©2011 OverDrive, Inc. <br /> Digital Library Reserve Content Service Plan Agreement-Orange County Library(NC) 2 <br />
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