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6.1 Library will assign personnel with appropriate skills and expertise in computer, data processing, and related services <br /> to enable operation of the Application Services and the Library Website and to provide Primary Support. Library will use <br /> reasonable efforts to operate its Digital Library Reserve and Library Website in compliance with the terms of this <br /> Agreement and all Schedules. Upon launch of the service, Library shall include a direct hyperlink and/or logo to the DLR <br /> service from Library's home page. Such link or logo shall be featured no less prominently than other electronic resources <br /> including but not limited to NetLibrary, Recorded Books, Ingram and 3M. <br /> 6.2 With the exception of the Application Services configured and hosted by OverDrive, Library is solely responsible <br /> for all aspects of catalog integration, operation, training, support and/or maintenance necessary for the operation of the <br /> Library Website. Library shall keep its Digital Library Reserve Account information current and alert OverDrive of any <br /> changes in its operation of its Library Website including but not limited to changes of personnel. Library will use <br /> reasonable efforts to ensure that information or data relevant to the operation of the Library Website will be treated as <br /> required by applicable law and reasonable and customary commercial practices. <br /> 6.3 Library agrees to perform Primary Support for Patrons using its Library Website. Library will perform requested <br /> installation, upgrade, and reasonable technical services for Primary Support of the Application Services pursuant to <br /> installation and support procedures and policies as developed by OverDrive and as modified from time-to-time. <br /> OverDrive will provide Library with documentation regarding Primary Support and OverDrive support personnel will be <br /> available for Secondary Support by e-mail and phone. <br /> 6.4 Library will, upon request, promptly cooperate with OverDrive by completing forms, reports, or checklists as <br /> OverDrive may require its Library's to complete as part of an installation, upgrade or provision of the Primary Support of <br /> the Application Services. Library shall identify and promptly inform OverDrive of any design or programming errors or <br /> omissions in the Application Services, of which it becomes aware. <br /> 6.5 Library represents and agrees that it will not make any representations or create any warranties, expressed or <br /> implied, concerning the DLR Application Services products. Library will take reasonable steps to insure that its <br /> employees, agents, and others under its direction, abide by the terms and conditions of this provision and this Agreement. <br /> 6.6 Library shall at its own expense comply with all applicable laws, ordinances, rules and regulations, and Library <br /> shall obtain any and all permits, licenses, authorization, and/or certificates that may be required in any jurisdiction or any <br /> regulatory or administrative agency in connection with the use and/or operations of the Application Services. Regardless <br /> of any disclosure made by Library to OverDrive of an ultimate destination for users of the Application Services, Library <br /> agrees not to export either directly or indirectly any Application Services or system incorporating such Application <br /> Services without first obtaining a license to export or re-export from the United States Government, as may be required <br /> and to comply with the United States Government export regulations, as applicable. <br /> 7. OVERDRIVE'S OBLIGATIONS <br /> OverDrive will create a Library Website that will be in compliance with the requirements listed in the attachments. As <br /> part of the Application Services OverDrive will either implement the required services directly or oversee the necessary <br /> procedures to assure compliance with the Digital Library Reserve guidelines. OverDrive will use reasonable efforts to <br /> make the Application Services perform substantially in accordance with the product description, as it may exist from time <br /> to time. However, Library acknowledges that inevitably some errors may exist in the Application Services, and the <br /> presence of such errors shall not be a breach of this provision. OverDrive's sole obligation with regard to such errors shall <br /> be to use commercially reasonable efforts to correct such errors and provide Secondary Support as stated in this <br /> Agreement. Such services will be provided by phone or email. Such services will be provided at such times as are <br /> mutually agreed upon by the parties. <br /> 8. OVERDRIVE'S OPTION TO MODIFY OR DISCONTINUE APPLICATION SERVICES <br /> 8.1 OverDrive has the right, at any time, to make such modifications to the Application Services as it sees fit to the <br /> operation, performance, or functionality of the Application Services or as required by OverDrive's suppliers. <br /> 9. WARRANTY <br /> 02011 OverDrive,Inc. <br /> Digital Library Reserve Content Service Plan Agreement-Orange County Library(NC) 4 <br />