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<br /> 1LUBRARIANS MEDIA SiURC€I
<br /> hoopla® Service Agreement
<br /> This hoopla Service Agreement ("Agreement") is made as of this Z day of tJ t , 201 CP ("Effective
<br /> Date") by and between the Redwood City Public Library, a division of the City of Re ood City, a charter
<br /> city and municipal corporation of the State of California (the "Library"), and Midwest Tape, LLC.
<br /> Whereas, Midwest Tape offers its hoopla digital service ("hoopla," the "Service," or the "hoopla Service")
<br /> to 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
<br /> (e.g., movies, television programs, music, audiobooks, eBooks, and comics) and is designed to be
<br /> accessible 24/7 in accordance with circulation limits (if any) and other settings established by the user's
<br /> library system; and
<br /> Whereas, the Library wishes to make hoopla available to the 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, the
<br /> Library and Midwest Tape (each a "Party" and collectively the "Parties") agree as follows:
<br /> DEF1NITiONS. 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,
<br /> borrow, stream, download, and/or return such titles) using certain smart phones, computer tablets, and/or
<br /> other 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 the Library 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 the Library and its Patrons via the
<br /> 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 the Library to manage content available to Patrons in the Digital Media Platform, and to
<br /> administer Library policies in regard to Patron use of the Service.
<br /> "hoopla digital Website" means a Midwest Tape website (currently www.hoopladigital.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
<br /> names, copyrights, trade secrets, technology, software, designs, algorithms, know-how, as well as moral
<br /> rights and all other intellectual and proprietary rights of any type under the laws of any governmental
<br /> authority.
<br /> "Library Website" means a website owned, maintained, and/or used by or for the Library for the purpose
<br /> of providing information to Patrons and/or the general public about the Library and its various content
<br /> offerings, policies, objectives, initiatives, and procedures.
<br /> REV: 07-07-16 FF Page 1 of 9
<br /> ATTY/AGR.2016. 180/Hoopla / Midwest Tape
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