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MI DWT TAPE
<br /> !LIBRARIANS. MEDiA SOURCE;
<br /> "Marks" means any trademarks, service marks, trade names, logos, designs, icons, characters, cover
<br /> art, styles, and trade dress associated with any Digital Titles, including without limitation all translations or
<br /> transliterations of the foregoing in any language, or any colorable imitations or modified versions thereof.
<br /> "Midwest Tape" means Midwest Tape, LLC and any of its parents, subsidiaries, or affiliated entities that
<br /> are engaged in the business of distributing media content in digital form to libraries and library users via
<br /> the Digital Media Platform.
<br /> "Service Partners" means any third parties that provide digital storage, webhosting, IT services, data
<br /> analysis and processing, or distribution or other services to Midwest Tape in connection with the Service.
<br /> "Title Summary and Promotional Data" means, with respect to each Digital Title, the following
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<br /> information and data that is made available to Library pursuant to this Agreement: (i) title; (ii) author(s),
<br /> publisher, illustrator(s), narrator(s), actor(s), director(s), producer(s), studio(s), and similar descriptive
<br /> information; (iii) if commercially used, the digital object identifier; (iv) narrative description or summary of
<br /> the work; (v) cover art and image, graphics, and other images; (vi) copyright notice; and (vii) any other
<br /> identifying information.
<br /> "Vendor" means any supplier to Midwest Tape of (i) Digital Title(s); (ii) Title Summary and Promotional
<br /> Data; and/or (iii) technology or services necessary for Midwest Tape to provide the Service to the Library.
<br /> Ii. LIBRARY RIGHTS & OBLIGATIONS.
<br /> Rights. During the Term, and subject to all the terms and limitations set forth in this Agreement, Midwest
<br /> Tape grants to the Library the non-exclusive and non-transferrable right to display and access the Digital
<br /> Media Platform and Title Summary and Promotional Data for the limited purpose of: (a) allowing Patrons
<br /> to access, view, and borrow Digital Titles through the Service and pursuant to this Agreement; (b)
<br /> promoting awareness and authorized use of the Service, including via postings on the Library Website(s);
<br /> and (c) establishing and implementing Library-specific policies in regard to use of the Service by the
<br /> Library and Patrons, consistent with this Agreement and the requirements of the Digital Media Platform.
<br /> Limitations. Except for the limited, non-exclusive, non-transferrable rights expressly granted to the
<br /> Library above in this Section II, the Library shall have no right in or to, or ownership of, the Service, Digital
<br /> Titles, Digital Media Platform, hoopla digital Website, hoopla Library Administration Website, Digital Media
<br /> Application, Marks, Title Summary and Promotional Data, or any other artwork or materials delivered by
<br /> Midwest Tape in connection with this Agreement. The Library shall have no right to access, use, modify,
<br /> or reproduce any portion of any source code relating to the Service and/or the Digital Media Platform, or
<br /> to make, sell, or distribute any variations or derivative works of the Service and/or the Digital Media
<br /> Platform. The Library agrees to the support and protection of Intellectual Property Rights (including but
<br /> not limited to copyright and trademark protections). In addition, the Library will comply with all other
<br /> requirements communicated by Midwest Tape with respect to any Intellectual Property Rights and the
<br /> Marks.
<br /> No Public Performance Rights. The Library shall have no public performance rights in the Digital Titles.
<br /> Accordingly, the Library may not offer any Digital Titles as a performance in order to entice Patrons or the
<br /> general public to come to an event, sponsored by the Library or otherwise.
<br /> General Obligations. To facilitate the successful introduction of the Service to, and use of the Service
<br /> by, Patrons, the Library shall: (a) regularly communicate to staff, Patrons, and the general public served
<br /> that the Service is available to Patrons; (b) provide suitable training opportunities to appropriate Library
<br /> staff members, so that they understand the Service and can assist in the promotion and the use of the
<br /> Service by Patrons; (c) regularly feature prominent links and references to popular Digital Titles and the
<br /> hoopla digital Website on the Library Website's homepage; (d) incorporate MARC record data regarding
<br /> REV: 07-07-16 FF Page 2 of 9
<br /> ATTY/AGR.2016. 180/Hoopla / Midwest Tape
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