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DocuSign Envelope ID:2093CBA0-8977-4E30-9991-7852DB4E7A78
<br /> MIDW TTAPE
<br /> LIBRARIANS r MEOIA SitURCE�
<br /> hoopla®Service Agreement
<br /> This hoopla Service Agreement("Agreement") is made as of this 13th day of April, 2017 ("Effective Date")
<br /> by and between Orange County, local political subdivision of the Y g y, p f th State of North Carolina, by and through
<br /> its Orange County Library("Orange County"), and Midwest Tape, LLC.
<br /> Whereas, Midwest Tape offers its hoopla digital service ("hoopla,"the"Service,"or the"hoopla Service")to
<br /> libraries to allow authorized library patrons to access digital media content using smart phones, tablets,
<br /> computers, and web browsers;
<br /> Whereas,the Service is comprised of a digital media platform that includes content in multiple formats(e.g.,
<br /> movies, television programs, music, audiobooks, eBooks, and comics) and is designed to be accessible
<br /> 24/7 in accordance with circulation limits(if any)and other settings established by the user's library system;
<br /> and
<br /> Whereas, Orange County wishes to make hoopla available to the its Library's authorized users("Patrons");
<br /> Now, therefore, in consideration of the promises and mutual covenants contained in this Agreement, and
<br /> for good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, Orange
<br /> County and Midwest Tape (each a"Party" and collectively the"Parties") agree as follows:
<br /> I. DEFINITIONS. The following definitions apply wherever those terms appear in this Agreement:
<br /> "Digital Media Application" means one or more computer programs maintained, owned, and/or used by
<br /> Midwest Tape to provide access for limited periods to Digital Titles (including the ability to browse, borrow,
<br /> stream, download, and/or return such titles) using certain smart phones, computer tablets, and/or other
<br /> mobile devices. The Digital Media Application currently bears the name"hoopla."
<br /> "Digital Media Platform" means one or more computer programs owned, maintained, and/or used by
<br /> Midwest Tape to provide access to Digital Titles and/or to allow Orange County to manage its offering and
<br /> Patron use of Digital Titles, including the Digital Media Application, hoopla digital Website, and hoopla
<br /> Library Administration Website.
<br /> "Digital Titles" means any and all movies, television programs, music, audiobooks, eBooks, comics, and
<br /> other audio or visual works that Midwest Tape makes available to Orange County and its Library Patrons
<br /> via the Digital Media Platform during the Term of this Agreement.
<br /> "hoopla Library Administration Website" means a Midwest Tape website that may be accessed and
<br /> utilized by Orange County to manage content available to Patrons in the Digital Media Platform, and to
<br /> administer Orange County Library policies in regard to Patron use of the Service.
<br /> "hoopla digital Website" means a Midwest Tape website (currently www.hoor ladiciital.com)that may be
<br /> used to access, browse, borrow, stream, download, and/or return Digital Titles.
<br /> "Intellectual Property Rights"means all rights in and to patents,trademarks,service marks,trade names,
<br /> copyrights,trade secrets,technology, software, designs,algorithms, know-how, as well as moral rights and
<br /> all other intellectual and proprietary rights of any type under the laws of any governmental authority.
<br /> "Library Website" means a website owned, maintained, and/or used by or for the Orange County Library
<br /> for the purpose of providing information to Patrons and/or the general public about the Orange County
<br /> Library and its various content offerings, policies, objectives, initiatives, and procedures.
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