As required by Macmillan, by purchasing Macmillan eBooks, you (“Library”) agree to the following terms and conditions (“Terms”):
1. Library shall take reasonable steps to make sure that only those patrons that meet Library’s established criteria to check out physical books and eBooks are given the rights to check out Macmillan eBooks.
2. The Library will display required terms regarding permitted uses of Macmillan eBooks to patrons. Library shall not authorize, enable or encourage patrons to use Macmillan eBooks other than as authorized by the permitted uses and within the limits set by Macmillan for each check out, nor to disable or circumvent DRM or security for Macmillan eBooks. Library will immediately notify Vendor of any breach or suspected breach of security (including without limitation any unauthorized use, disclosure or acquisition of or access to Macmillan eBooks, or disabling or circumvention of DRM with respect to Macmillan eBooks, of which Library becomes aware.
3. Library shall not re-sell, e-mail, post, upload, print, or burn to a disk Macmillan eBooks, or, except as part of an authorized check out hereunder, redistribute, share, lend, or make accessible Macmillan eBooks. Library shall not disable or circumvent DRM or security applied to the Macmillan eBooks. Library shall not authorize or enable use of a purchased Macmillan eBook by patrons of another member library in a library consortium (including consortia to which Library is a member) or in inter-state lending. Library shall abide by Macmillan’s check out limits with respect to each check out and sale: For each Macmillan eBook Library purchases from Vendor, Library shall be entitled to offer such eBook to its patrons for sequential check outs, up to a maximum of fifty-two (52) checkouts, or for a period of twenty-four (24) months, whichever comes first.
4. All rights in the Macmillan eBooks not specifically granted in these Terms are reserved by Macmillan, and Library will not use or authorize the use of the Macmillan eBooks, or any copies made from them, and will not distribute or make Macmillan eBooks available other than as expressly authorized in these Terms via a check out to a valid patron.
5. Library shall not authorize or enable use, display, posting or downloading of excerpts of Macmillan eBooks, except on the Library’s website and apps, and solely for the purpose of describing Library’s eBook offerings to patrons and to enable patrons to browse and search for eBooks to check out.
6. Library shall not use or display Macmillan’s or its affiliates’ or distributees’ names, imprint names, trademarks, service marks or logos , except on the Library’s website and apps and solely for the purpose of identifying the publisher of Macmillan eBooks and the Library’s offerings of eBooks, or in Macmillan eBooks and excerpts of Macmillan eBooks as supplied by Macmillan to Vendor.
7. If Library qualifies for tax-exempt sales, Library shall provide documents and information as reasonably requested by Vendor to establish Library’s status as an entity that is not required to pay sales taxes. Each such Library shall maintain such records for a period of at least three years following a purchase of a Macmillan eBook, and in the event of a tax audit of Vendor or Macmillan, Library shall cooperate with and provide Vendor or Macmillan with any additional data or documents needed to respond to the audit.
8. Library acknowledges and agrees that its agreement with Vendor is for the benefit of Vendor and Macmillan, and that Vendor and Macmillan, jointly or severally, may avail themselves of any remedies available in such agreement or by law if Library breaches these Terms.
9.1 Library acknowledges and agrees that Vendor or Macmillan may, with or without cause on three (3) business days’ notice, suspend or withdraw any or all Macmillan eBooks from distribution by Library. Library acknowledges and agrees that Vendor or Macmillan may, on notice effective immediately: (a) withdraw any or all Macmillan eBooks from distribution by Library if Macmillan (i) determines that it does not have, or ceases to have, the right to distribute the Macmillan eBook in all or any portion of the Library’s service area, (ii) becomes aware of a claim that the Macmillan eBook infringes or violates any legal right of any person or entity, or (iii) concludes that the Macmillan eBook or any portion thereof poses a risk of legal action or liability; (b) suspend or withdraw any or all Macmillan eBooks from distribution by Library, or terminate Library’s right to use Macmillan eBooks if Library or Vendor is not in compliance with Macmillan’s security or DRM requirements, in the event of an actual or suspected security breach, circumvention or disabling of DRM, user information breach or data security breach or in the event that infringement of intellectual property rights in the Macmillan eBooks is the result, directly or indirectly, of distribution of Macmillan eBooks by Library or Vendor; or (c) terminate Library’s right to use the Macmillan eBooks due to a material breach these Terms by Library or a material breach by Vendor of its agreement with Macmillan.
9.2 Upon termination of its agreement with Vendor, or withdrawal of Macmillan eBooks from Library, Library will immediately: (i) cease and block all check outs, and block all access to Macmillan eBooks and parts thereof by patrons or anyone; (ii) remove all excerpts or parts thereof, from Library’s website and apps and from all advertising, marketing and promotions, and cease any other advertising or promotion featuring Macmillan eBooks; and (iii) deliver to Vendor (or at Vendor’s election, remove and delete) all digitally stored Macmillan eBooks, if any, from its storage systems. For withdrawal of any particular Macmillan eBook from distribution, Library will take all the steps specified in the preceding sentence with respect to the particular Macmillan eBook; and upon suspension of all Macmillan eBooks or a particular Macmillan eBook, Vendor will immediately with respect to such suspended Macmillan eBooks(s) take all of the steps specified in the preceding sentence sub-section (i). Vendor or Macmillan may end a suspension by notice to Library.
9.3 Notwithstanding the prior Paragraph 9.2, unless Vendor or Macmillan did (and subject to Vendor or Macmillan’s continuing right to) suspend, withdraw and/or terminate pursuant to the terms of the second sentence of Paragraph 9.1 (a)-(c) above, to the extent the suspension, withdrawal or termination affects any sale for which the twenty-four (24) month sale period for authorized check outs has not expired, until such expiration, Library may continue to authorize and enable check outs with respect to that sale, and all of the Library’s, Vendor’s and Macmillan’s rights and obligations, and all of the terms, of Library’s agreement with Vendor with respect to that sale shall continue in effect post-suspension, post-withdrawal or post-termination, as applicable. Upon such time as the twenty-four (24) month sale period has expired with respect to all sales post-termination, Library will promptly take steps (i)-(iii) specified in Paragraph 9.2.
9.4 Notwithstanding the foregoing terms in Paragraphs 9.1-9.3, Vendor and Macmillan acknowledge and agree that Library shall have no ability or obligation to remove from patrons’ personal electronic reading devices (or those hand-held electronic reading devices on loan from Library or Vendor to a patron) any copies of Macmillan eBooks(s) already downloaded to that device as part of a check out authorized hereunder, before Library received written notice of a suspension, withdrawal or termination, until expiration of the check-out period; upon the earlier of the expiration of the check-out period or patrons’ return of Macmillan eBooks(s) such copies shall be removed from all devices.
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