2024-613-E-IT Dept-Bibliocommons Corp -Software implementation and annual subscription fee

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- 2 - (q) “Order Form” has the meaning ascribed to it in Section 3.1(a) hereof; (r) “Parting” has the meaning ascribed to it in Section 7.2 hereof; (s) “Party” or “Parties” has the meaning ascribed to it in the introductory paragraph. (t) “Privacy Statement” means the statement of BiblioCommons’ privacy practices that shall govern BiblioCommons’ collection, use and disclosure of Personal Information of Authorized Patrons which, as of the Effective Date, is attached as Schedule “E”, and which may be amended by BiblioCommons from time to time; (u) “Receiving Party” has the meaning ascribed to it in Section 5.1 hereof; (v) “Renewal Term” has the meaning ascribed to it in Section 2.2 hereof; (w) “Secure Personal Information” means personally identifiable information that is provided by a User in the registration process or personal account settings on the Service, or is transferred to the Service from the ILS; notwithstanding the foregoing “Secure Personal Information” shall not include Shared Content or information an individual has chosen to transmit or share through a feedback service provided on the Service, web- forms on the BiblioWeb service (if any) or an entry in any context which is, by design, publically viewable; (x) “Shared Content” has the meaning ascribed to it in the Privacy Statement; (y) “Service” means a range of services purchased as set out in the applicable Order Form; (z) “Subscriber” has the meaning ascribed to it in the introductory paragraph; (aa) “Technical Requirements” has the meaning ascribed to it in Section 3.2 hereof; (bb) “Term” means the duration of the Initial Term and any Renewal Term; (cc) “Terms of Use” means the terms of use that govern the use by Authorized Patrons of the Service which, as of the Effective Date, is attached hereto as Schedule “F”, and which may be amended by BiblioCommons from time to time; (dd) “User” means an Authorized Patron who has registered with BiblioCommons to use the Service. 1.2 Schedules. This Agreement contains the following schedules, each of which are attached and incorporated into this Agreement: Schedule “A” – Template Order Form Schedule “B” – Support Services Schedule “C” – Service Levels Schedule “D” – Technical Requirements Schedule “E” – Privacy Statement Schedule “F” – Terms of Use Schedule “G” – Additional Fees 1.3 Calculation of Time. When calculating the period of time within which or following which any act is to be done or step taken pursuant to this Agreement, the date which is the reference day in calculating such period shall be excluded. Any payment or action to be made or taken on a day other than a Business Day in either jurisdiction shall be made or taken on the immediately following day that is a Business Day in the jurisdictions of both Parties. 2. BIBLIOCOMMONS OBLIGATIONS 2.1 Delivery of Service. During the Term, BiblioCommons shall make the Service available via the Internet to Authorized Patrons and grant to Subscriber a non-exclusive and non-transferable right to use the Service. Authorized Patrons are subject to and may be required to agree to the Terms of Use and Privacy Statement. 2.2 Term. Unless terminated earlier as provided herein, this Agreement is for a period of one (1) year from the Effective Date (the “Initial Term”). In the event an Order Form contains Services that are being added to an existing subscription, such added Services shall be coterminous with the Initial Term or applicable Renewal Term and shall be billed from the applicable Order Form Effective Date according to the Fees corresponding to such Order Form. 2.3 Changes to the Service. BiblioCommons may, from time to time and at any time, in its sole discretion, introduce upgrades and updates to the Services that are consistent with the service description set out in the applicable Order Form at no additional charge. 2.4 Maintaining Community Standards. The Service allows Users to flag user-generated content they feel does not conform to the Terms of Use. When content is flagged three times, or as many times as may be determined by BiblioCommons in its sole discretion, BiblioCommons will:  Remove flagged content from public view; and Docusign Envelope ID: 49D5B7A4-3432-4225-B626-F266F1A79679