Laserfiche WebLink
REV: 12-14-23 VR <br />4. Data Supply and Cataloging Records <br />4.1 You agree that in order for us to provide the Service you shall utilize a suitable and reliable data <br />extraction mechanism, to extract, collect and convey data to be used for the Service to our <br />computer systems. Once such data is received by our systems our Software can provide the <br />Service to you and Permitted Users. You retain full ownership of all data provided to us for use in <br />providing the Service. <br />4.2 Consequently you hereby grant to us a non-exclusive license to use the data supplied by your <br />computer systems to ours for the term of this Agreement, for purposes including but not limited to <br />the following:- <br />(a) providing the Service; <br />(b) providing any future enhancements to the Software or Modules; <br />(c) our own internal records; and aggregated without attribution in other systems; and <br />(d) allowing an Internet Services Provider appointed by us to access such data to the extent <br />necessary to allow such Internet Services Provider to host the Software. <br />4.3 To provide an effective Service to you, it is important to ensure the reliability and integrity of data <br />supplied. Accordingly, you warrant that the data supplied: <br />(a) does not infringe the rights of any third parties, including without limitation copyright owned <br />by third parties; <br />(b) complies with all applicable laws and regulations; and <br />(c) will be accurate and will be updated on at least a monthly basis. <br />4.4 For the avoidance of doubt, unless you comply with the terms of this clause 4 we shall have no <br />obligation to provide the Service. <br />4.5 In addition, as a subscriber to the Service, you have the opportunity to access Baker & Taylor’s BT <br />CAT community pool of cataloging records at no charge if you authorize the use of your cataloging <br />records by Baker & Taylor. By signing this Agreement, you are authorizing Baker & Taylor to utilize <br />your cataloging records and are confirming that you have the right to make this authorization. This <br />authorization means that your cataloging records are licensed to Baker & Taylor on a perpetual, <br />fully paid-up, non- exclusive, non-transferable, and irrevocable, basis for use in BT CAT and in any <br />and all other products offered at any time by Baker & Taylor to its customers. Once received, Baker <br />& Taylor improves contributed cataloging records in the community pool by comparing them to <br />existing cataloging records in the community pool, merging them where appropriate, exchanging <br />them for existing records where higher encoding is found, and removing any customer identifiers <br />that may be found on the records. Baker & Taylor reserves all rights with respect to the use all such <br />contributed cataloging records in BT CAT and in any and all other products offered at any time by <br />Baker & Taylor to its customers. <br />5. Availability of Service <br />5.1 We will use commercially reasonable efforts to achieve the Service Targets set out in Appendix 1. <br />However, whilst we will do what we reasonably can to ensure the availability of the Service at all <br />times, we cannot and do not offer a continuous or uninterrupted service and no warranty is given <br />in this respect. You acknowledge that certain aspects of the Service are dependent upon third <br />parties and upon your computers supplying us with data. Without prejudice to this generality, we <br />may at any time at our discretion: <br />(a) temporarily suspend or restrict access to the Service for the purposes of repair, <br />modification, maintenance or improvement or the implementation of new facilities or performance <br />of back-up or data archival; or <br />(b) give instructions to you regarding the use of the Service which in our reasonable opinion <br />are necessary in the interests of security or to maintain or improve the quality of the Service to you. <br />ATTY/AGR.2023.308/Bridgeall Libraries Limited (Collection HQ 2023 Agreement) (Page 15 of 25)