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Home My WebLink AboutContract 40598 (2).q CITY SECRETARY CONTRACT NO. z License Agreement for Booklist Online FORT WORTH PUBLIC LIBRARY This Agreement is between the institution identified above ("Licensee") and Booklist Online ("BOL"), an imprint of the American Library Association. 1. Grant of License and Subscription Rights. BOL hereby grants to Licensee a non- exclusive, non -transferable license for access to all materials included in the Site License Edition of the Booklist Online database under the terms and conditions set forth herein. 2. License Fee. The Licensee, or its Agent, shall pay BOL in full the initial license fee set forth within 30 days of the Commencement Date of this Agreement. 3. Term. This License commences on the Commencement Date set forth below and shall extend through the one-year calendar anniversary of such date. 4. Renewal. This agreement shall be renewable at the end of the current term for successive one-year terms unless either party gives written notice of its intention not to renew prior to expiration of the then -current term. In the event of renewal, Licensee or its Agent shall pay BOL in full the then current annual license fee for Booklist Online as of the Commencement Date of each new term. 5. Termination. Licensee, or its Agent, may upon written notice to BOL cancel Licensee's subscription to Booklist Online at any time. In the event of cancellation, this License shall terminate as of the final cancellation date. In the event that either party believes that the other has materially breached any obligations under this Agreement, or if BOL believes that Licensee has exceeded the scope of the License, such parry shall so notify the breaching party in writing. The breaching party shall have sixty (60) days from the receipt of notice to cure the alleged breach and to notify the non -breaching party in writing that cure has been effected. If the breach is not cured within this time period, the non -breaching party shall have the right to terminate the Agreement without further notice. Upon Termination of this Agreement for cause by either party, online access to the Licensed Materials by Licensee and Authorized Users shall be terminated. In the event of termination for cause by the Licensee, Licensee shall be entitled to a refund of any fees or pro-rata portion thereof paid to BOL by Licensee for any remaining period of the Agreement from the date of termination. 6. Authorized Users. This License extends only to the Licensee and to Authorized Users individually and may not be transferred to, or extended to, others. For purposes of this Agreement, "Authorized Users" means staff and patrons of Licensee and the institution of which it is a part, regardless of the physical location of such persons' and who are OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ordinarily permitted to access the Licensee's institution's network from within the Library Premises or from such other places where "Authorized Users" work or study and who have been issued by the Licensee or the Licensee's institution a password or other authentication. Individuals employed by an administratively distinct and geographically non-contiguous campus or site, or who are affiliated with any organization not administratively part of the Licensee's institution, e.g. any commercial organization, non- profit organization, or governmental unit administratively distinct from the Licensee, may not be treated as Authorized Users under this License, save that "Authorized Users" shall also include patrons not affiliated with Licensee who are physically present at Licensee's site(s) ("walk-ins"). Authorized Users shall be identified and authenticated by the use of Internet Protocol ("IP") addresses provided to BOL by Licensee. Licensee shall cooperate with BOL in the implementation of additional security procedures as they are developed. 7. Permitted Uses. The Licensee and Authorized Users are permitted unlimited online access to Booklist Online and may retrieve, display, save, or print text, or search results or other information from Booklist Online solely for the private use, instructional use, reserve use or research of the Licensee or Authorized Users. All other uses are prohibited without specific permission of the BOL including but not limited to: (a) printing of multiple copies except for reserve use or for instructional use (provided no charge is made for the copies), (b) reprinting for publication, including course packs, or Web publication, (c) commercial or promotional use (i.e., use in connection with activities intended to generate revenue other than tuition), or (d) the systematic making of print or electronic copies for transmission to persons or institutions other than Licensee or Authorized Users. All rights not expressly granted are reserved to BOL. The Licensee and Authorized Users may only use this online access in a way that conforms with all applicable law and regulations, and may not alter or modify any content. 8. Copyright. Booklist Online and Booklist are copyrighted by BOL and are subject to all applicable copyright, database protection, and other rights of the stated owner and publisher under the laws of the United States and other countries. Copyright notices may not be removed, obscured, or modified in any way. 9. Failure of Performance. Following online access approval, the Licensee and Authorized Users will be permitted to attempt online access to Booklist Online at any time. BOL, however, will not be liable for any delay, down time, transmission error, software or equipment incompatibilities, force majeure or other failure of performance. 10. Disclaimer of Warranties; Limitation of Liability; Indemnification. BOL warrants that it is entitled to grant the License granted in this Agreement and is authorized to execute this Agreement. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, BOL MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO BOOKLIST ONLINE, INCLUDING THE QUALITY, ORIGINALITY, SUITABILITY, SEARCHABILITY, OPERATION, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 2 Date Attested bya signature July 14, 2010 Date Subscription Commencement Date 4 - �arty �e>�drix, pity Secretary '1� 0 0A) oo ^09 0%-22-1 0 A 1 1: 08 OFFICIAL RECORD CITY SECRETARY F r WORTH, TX IN 0 Page 1 of 1 McElroy, Denis C. From: Martin, Brenda Sent: Tuesday, July 20, 2010 11:28 AM To: Duke, Deborah; Schenewerk, Roberta Cc: Bledsoe, Amy; McElroy, Denis C. Subject: RE: Booklist Online Agreement --Denis needs to know how much it'll cost $1040.00 a year Brenda Martin Acquisitions Assistant Manager Fort Worth Library 817-871-7735 Brenda,Martin@fortworthgov.org A SurvicA o1 the city of fol W90h From: Duke, Deborah Sent: Tuesday, July 20, 2010 11:03 AM To: Schenewerk, Roberta Cc: Martin, Brenda; Bledsoe, Amy; McElroy, Denis C. Subject: Booklist Online Agreement --Denis needs to know how much it'll cost Uh, the Booklist Online Agreement doesn't include the costs. What are we going to pay for it? Please be sure to cc Denis on the reply. Thanks, 0 Deborah C. Duke Collection Management Administrator Fort Worth Public Library 817-871-7725 (v) 817-871-7734 (f) 7/20/2010 �'t FortWorth �- Library A Service of the City of Fort Worth ROUTING AND TRANSMITTAL SLIP DATE IN INITIALS DATE OUT TO 1. Amy Bledsoe 74 5"2Did ,o, 7'15"ZO/0 2. Deborah Duke 7 C'L lfl 711 /D 3. Shelia Scullock P� 7/� D / 7 e*�o 4. Denis McElroy 5. Charles W. Daniels D7.20. /O 07. Z,/. /O 6. City Secretary Attached is the license agreement for Booklist Online, the digital counterpart to the American Libraries publication that provides book reviews from the American Library Association. The contract has been reviewed and approved by Denis McElroy. Once the original is signed by Charles W. Daniels, Assistant City Manager and filed with the City Secretary, please scan and email a copy to Amy Bledsoe. Please feel free to contact me if you have any questions. Thank You, Amy Bledsoe Digital Resources Manager Fort Worth Library 500 West 3rd St Fort Worth, TX 76102-7305 817-871-8049 817-871 J729 fax %my.Bledsoe@fortworthlibrary.org http://www.fortworthgov.org/Library