|
DocuSign Envelope ID: 5D81CA78-2502-4FE4-8A8D-C5E65FA27ED7
<br /> EXHIBIT 1
<br /> BiblioLabs, LLC
<br /> BiblioBoard Terms of Use and Conditions for Institutions and Libraries
<br /> Page 1 1 of 6
<br /> This BIBLIOBOARD TERMS OF USE AND CONDITIONS FOR INSTITUTIONS AND LIBRARIES(the`Agreement") is made
<br /> effective as of May 15t,2015(the"Effective Date") between BiblioLabs, LLC,a South Carolina Limited Liability
<br /> Company, ("BiblioLabs")with its principal office located at 100 Calhoun Street,Suite 220 Charleston,South
<br /> Carolina 29401 and Orange County Public Library (the"Licensee"),with its principal office located at: 137 W
<br /> Margaret Ln, Hillsborough, NC 27278
<br /> 1. PURPOSE. BiblioLabs has created and developed a digital service platform ("BiblioBoard")to deliver to
<br /> institutions curated collections of content("Anthology"or"Anthologies").The content ("Content")of an
<br /> Anthology may include, but is not limited to, images, photographs,books,pamphlets, magazines,essays,
<br /> sound recordings,videos or other forms of media. This Agreement establishes the terms of use and
<br /> conditions that will apply to the Licensee and its Authorized Users(defined below).
<br /> This Agreement establishes the responsible usage of BiblioBoard,protects the rights of BiblioLabs,authors,
<br /> publishers,curators,and the dissemination of Anthologies and Content to the Licensee and its Authorized
<br /> Users.
<br /> 2. Authorized Users. An Authorized User shall be individual affiliates of the Licensee(including, patrons,
<br /> members,students,faculty,full and part time staff, researchers affiliated and/or visiting, and independent
<br /> contractors)and the institution of which it is a part,regardless of the physical location of such persons. An
<br /> institution ("Institution")shall mean any educational non-profit or for profit institution (such as colleges,
<br /> universities,and secondary schools), museums,foundations,government agencies,corporate and for
<br /> organizations, public libraries,and scholarly societies, In the case Licensee is a consortia of libraries and
<br /> Institutions,an Authorized User shall extend to the members of the consortia (including the consortia's
<br /> member's patrons, members,students,faculty,full and part time staff, researchers affiliated and/or visiting
<br /> and independent contractors), regardless of the physical location of such person. Finally,an Authorized User
<br /> shall also include patrons not affiliated with Licensee who are physically present at Licensed Premises(which
<br /> shall mean the physical locations where the Institution provides computer terminals or other electronic
<br /> devices from which Authorized Users may access BiblioBoard). Authorized Users shall be granted access to
<br /> BiblioBoard through Licensee's defined IP Addresses or alternative secured authentication system,which shall
<br /> be provided by the Licensee to BiblioLabs.
<br /> 3. Grant of License. The Licensee and its Authorized Users are hereby granted a non-exclusive right to use of
<br /> BiblioBoard and the Anthologies,which BiblioBoard has granted Licensee permission to access,as set forth in
<br /> Schedule A.
<br /> 4. Permitted Uses. The Licensee and its Authorized Users may access, use, browse or view BiblioBoard and the
<br /> Anthologies within BiblioBoard in accordance with the following permitted uses:
<br /> a. An Authorized User may use content within an Anthology subject to the Fair Use provisions of the
<br /> copyright laws of the United States;
<br /> b. An Authorized User may use an Anthology and its Content for research activities, in research papers
<br /> or dissertations, classroom or organizational instruction,and related classroom or organizational
<br /> activities,student activities;
<br /> c. An Authorized User may use and Anthology and its Content as a part of scholarly,cultural,
<br /> educational or organization presentation or workshop,if such use conforms to the customary and
<br /> usual practices;
<br /> d. The Licensee may promote links to BiblioBoard from its website for the purpose of increasing
<br /> awareness,and promoting use of BiblioBoard and the Anthologies;
<br /> Orig._9/25/2012
<br />
|