HomeMy WebLinkAboutContract 41204Electronic Product License Agreem ent cons ist s of:
ProQuest Order Form f?
l~ Te rms and Conditions version USI\ \2IO ,s,(iJ
CITY SECRETARY L \ \ ::'.\ O~
CONTRACT N0._1 .:.._1-.:U\~;.._::r---Pro ~esr
ORDER AUTHORIZATION
Subscribin g Institution : Fort Worth Public Library
~O\ft) ~"b~" (~
~Cw.L """<> NoM..~ ~
Authoriz tion by Customer (Licensee):
~
-----Start hut..
APPROV@BY lEGJ.\f >
Authori ation by ProQuest LLC :
76102
I Ely confirming the Electronic Products Li ce nse w ith your si gnature above, ProQuest li censes you the product(s) l~d· below at the stated price(s) for the
given period(s) under t hese terms and conditions and you certify that you are authorized to enter into this Agreement on behaf of the Subscribing I Institution.
ORDER INFORMATION
Order
Type Product Name
Renew Ancestry Library
Renew HNP New York T imes Continuing Serv ice
Fee
TOTAL
ACCOUNT INFORMATION
Ship-to Address
Attention: Amy Bledose
Product
Codes
ANCLIB
S1HNNYT
Title : Digital Resources Manager
Institution : Fort Worth Public Library
Address: Acquisitions Dept 500 W Third St
City: Fort Worth
State/province: TX
Zip/Postal: 76102
Country: United States
Telephone : 817-871-7705
Fax :
Email Address: amy.bledsoe@fortworthlibrary .org
Start Date
(mmlyyyy)
10/2010
12/2010
~: End Date 0 QI #Simul. Safari Slot
(mmlyyyy) E o Users Level Price (USD) Q) 0 a: ~
09/2011 No 4 ,515.00
11/2011 Yes 8 ,455.00
Bill-to Address
Attention: Amy Bledose
Title : Digital Resources Manager
Institution : Fort Worth Public Library
Address: Acquisitions Dept 500 W Third St
City: Fort Worth
State/province: TX
Zip/Postal: 76102
Country: Un ited States
Telephone : 817-871-7705
Fa x : ••
Email Address: amy.bledsoe@fortworthlibrary .or~
"'C
i";~~-~-:~-ru-,:-,:-;-, ::;o # <• ~~,~-) ------··-..... __________ :~_&=,~~·~~~ __ 1
FT. WORTH TX
ProQuest LLC , 78 ~ ~~ise hower Pkwy, Ann Arbor , Ml 48108 1 -
Please fax or ema1 s1 order form to 877-337 -7 015 or orders@proquest.com Page 1
ACCESS INFORMATION
IP Access
Site/User IP Ranges
Referrin URL all referrin URLs should roved secured authentication :
Barcode Authentication I Barcode Scheme: DRA Prefix(es):
Sales Representative Information
Sales Representative: Allen Ziemke
Telephone : 800-521-0600 x7269
Email address : allen .ziemke@proguest.com
Fax : 866-769-0427
(if different from below)
FOR INTERNAL USE ONLY
S.I .:
R.l.
-·------
C . REF# CO#
nAC# OSH#
OneAdmin#: BOSS ID :
elibrarv -PID : Factiva -Acct ID:
SOID : Wilson Books Acct ID :
I Mvilibrarv NewspaperDirect:
GSWEm RefWorks Em
Safari -Acct ID # Users
U Customer Cont. OEPLA
DEBS App D PAL Addendum
DEm C/S/D D Factiva Addendum
Dlnv-C/S 0DS0/AP
OTPD R.S.
nGSWCon
CSR: S.D ./E . D.
ProQuest LLC , 789 E Eisenhower Pkwy , Ann Arbor , Ml 48108
#Slots
Please fax or email signed order form to 877 -337 -7015 or orders@proquest.com
Total Length :
-
EBS SC# U
ns1#
'.
, Factiva Em for SU
, Wilson Em
0ND Em for S/R
COS Em n Books 24/7 Em l
0K12 S.S.S .
OP .O.Re
oc.c.
ONEW
0RENEW
Inv#:
OFFICIAL RECORD
CITY SECRETAR
FT. WORTH, TX
a e2
:
Custom Terms and Cond itions
• COS• CSA• Chadwyck-Healey • Culture Grams• elibrary • Micromedia ProQuest • ProQuest • SIRS •
You , the Institution listed above , agree that you and your Authorized Users are bound as follows :
1. License Grant. Subject to the terms of this Agreement , ProQuest LLC ("ProQues r) hereby grants you a non-exclusive, non-transferab le
license to access and use the products listed on your approved Order Form, invoice or purchase order (the 'Products ") solely at your
principal location and those locations listed on the Additional Sites/Member Libraries Schedule unless remote access is included in your
approved Order Form . Any remote access rights and/or limits on simultaneous users are specified on the Order Form . Except as
expressly set forth in this Agreement, you do not acquire any intellectual property rights in the Products or any associated software ,
systems, documentation or other materials . All such rights and interests remain in ProQuest and its licensors .
2. Authorized Users. By "Authorized User· we mean only : (1) For public libraries: library staff, indiv idual residents of your reasonably
defined geographic area served .walk-in patrons while they are on-site, and, for Product subscriptions that allow remote access. authorized
remote users: (2) For schools and other academic institutions: currently enrolled students, faculty, staff, visiting scholars and walk-in
patrons while they are on-site: and (3) For other types of organizations : your employees, independent contractors and other temporary
workers while they are performing duties within the scope of their employment or assignment.
3. Remote Access. If your subscription allows you to provide remote access to a Product, you will strictly limit such access to Authorized
Users through the use of passwords, IP addresses or other secure method of user verification. You will not knowingly share access with
other schools , libraries, institutions or third parties either directly or indirectly, unless such school, library, institution, or third party is listed
on the Additional Siles/Member Libraries Schedule . You will immediately notify us if you believe your security has been compromised .
4. No redistribution. ProQuest endorses the Interlibrary Loan and Scholarly Sharing provisions below. Beyond these uses, you may not
redistribute any material retrieved from the Products nor allow any use that will infringe the copyright or other proprietary right of ProQuest
or its licensors . You may not use the Products to create products or perform services which compete or interfere with those of ProQuest or
its licensors .
5. Permitted Uses. The Products may be used for your internal research or educational purposes , as follows :
a. Research and Analysis. You and your Authorized Users are permitted to display and use information contained in the Products for
educational, scientific , or research purposes, including illustration, explanation, example , comment , criticism , teach ing , research or
analysis , provided that in doing so you or your Authorized Users do not violate an express provision of this Agreement.
b. Digital and Print copies. You and your Authorized Users may download or create printouts of a reasonable portion of the articles or
other works contained in the Products so long as each work is retrieved directly from the on-line database system in a manner that
causes a "hit' to be registered on the on-line system for each and every print or digital copy. All reproduction and distribution of such
printouts, and all downloading and electronic storage of materials retrieved through the Products shall be for your own internal or
personal use as allowed under the doctrines of "fair use· and "fair dealing·. Downloading of all or parts of a Product in a systema ti c or
regular manner or so as to create a collection of materials comprising all or a material subset of a Product is strictly proh ibited whether
such collection is in electronic or print form .
c. Electronic Reserves. Articles or other works contained in a Product may be included in your electronic reserves systems so long as
such use employs durable links to the Products so that a "hit" is registered on ProQuest's on-line platform each time a student views
the work on reserve .
d. Fair Use/Fair Dealing . Nothing in this agreement restricts your use of the materials contained with in the Products under the doctrines
of "fair use " or "fair dealing· as defined under the laws of the United States or England , respectively.
e. Interlibrary Loan (ILL). Interlibrary Loan of materials retrieved from the Products is allowed provided that the loan is not done in a
manner or magnitude that would replace the recipient library 's own subscription to either the Products or the purchase of the
underlying Work (e .g., newspaper, magazine or book), and that you comply with any spec ial terms imposed by specific content
providers or licensors as required under Section 6(c). With respect to our ProQuest® Dissertations & Theses product and other
electronic archives such as Early English Books Online , Interlibrary Loan is restricted to one printed copy of the specifically requested
dissertation , book or pamphlet loaned out at any one time.
f. Scholarly Sharing . You and your Authorized Users may provide to a third party colleague minimal , insubstantial amounts of materials
retrieved from the Products for personal use or scholarly, educational or scientific research use in hard copy or electronically, provided
that in no case any such sharing is done in a manner or magnitude as to act as a replacement for the recipient's or recipient
institution 's own subscription to either the Products or the purchase of the underly ing Work.
g. MARC Records . You may load ProQuesl's MARC record Products into your Online Public Access Catalog (OPAC) contain ing your
library holdings provided such records are not loaded into a shared online catalog system such as WorldCat without ProQuesl's prior
wr itten consent.
h. Scholar/Researcher Profiles. The data contained with in scholar profiles with in our produc
collaboration amongst colleagues . Neither you nor your Authorized Users may export or o
mailings or sim ilar marketing purposes .
US111210
or use iA f.a Gi litati A§ rese rch and
<>J11, tl ~if~oaw ties for mass
CITY SECRETARY
FT. WORTH, TX
6. Supplemental Terms.
a. Updates . ProQ uest will ann oun ce any substantial additions , del etions or mod ifi cat ions of information , databases , mate ri als ,
capabilities or serv ices within the Products on its electron ic ma iling list serv ice . These shall be subject to th e terms and cond iti ons of
this Agreement at the time they are added to the Products , but shall not materially alter your use of the Products .
b. Systems Usage. To protect the Products for the research and educational use of Authorized Users , au tomated searches against
ProQuest's systems are not permitted with the exception of nonburdensome fede rated search services . Data mining is prohibi ted .
c. Content Provider Supplemental Terms. Individual content licensors occas ionally have conditions of use appl icable solely to the ir
content. Links to such content-specific conditions are clear ly displayed wit h the associated content and will not materially alter your
use of the Products . With respect to third-party databases delivered through the lllumina platform, any supplemental terms and
conditions are clearly hypertext linked on each search screen .
7. Fees and Payments . You agree pay the fees for the Products as shown on the order form, attached invoice , or accepted purchase order
within thirty (30) days of your receipt of ProQues t's invo ice . Firm U.S. Government orders require a valid purchase order and advance
payment or payment in accordance with FAR 52.213 .2.
8. Term and Termination.
a. Term. For subscription-based Products , the term of your rights and access shall continue from the Start Date until the Expiration Date
as those are listed on the Order Form or an accepted purchase order for each such Product, plus any renewal term(s) agreed to. For
CD-ROM.FTP databases, and other tang ible media , you are granted a perpetua l license to the most current version purchased ,
subject to the continued application of Acceptable Use Provisions of this Agreement (Section 1-6, above). This Agreement shall
continue in force for so long as you are within the term of at least one ProQuest Product.
b. Termination for Breach . If a party breaches any material term of this Agreement and does not cure after 30 days written notice, the
Agreement may immediately be terminated in who le or as to the affected Product. In the event the license granted under this
agreement is terminated you shall disable all Products in your possession . This includes the destruction of any CD-ROMs, FTP
databases or any software as well as any downloaded copies retrieved from the Products . In addition , ProQuest reserves the right to
pursue any other legal remedy available to it.
c. Remedial Action . Without limiting the above , ProQuest may suspend delivery of Product(s) to you if it reasonably determines that
your fa ilure to comply with the Acceptable Use Prov isions may cause irreparable harm to it or its licensors under the specific
ci rcumstances . If de li very is suspended, ProQuest will work with you in good faith to restore you r access as soon as poss ible .
9. Privacy . The Products do not require the entering or capture of personally ide ntifiable user information . ProQuest makes no
representation as to whether any federal , state or local laws may regulate your admin istration of Authorized Users ' access to the Products
or require you to obtain consent from any Authorized User (or. in the case of minors , the parent or guardian of such user).
10. Access and Use .
a. ProQuest® CD-ROM Products may include software to be used in connection with the Products . It may not be reverse eng ineered or
used for any other purpose .
b. You are respons ible for local te lecommunicati on connections if they are needed and any related third party charges .
c. ProQuest may seek to assist you from time to time regard ing hardware and software compatibility with the Products, however
PROQUEST SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR DETERMINING THE COMPATIBILITY OF ANY HARDWARE
OR SOFTWARE NOT SUPPLIED BY PROQUEST WITH THE PRODUCTS AND PROVIDES NO WARRANTY WITH RESPECT TO
THE OPERATION OF SUCH HARDWARE OR SOFTWARE WITH THE PRODUCTS .
11. U.S. Government Restricted Rights.
The Products include materials that are commerc ial technical data and/or computer databases and/or commercial computer software , as
applicable , which were developed exclusively at private expense by ProQuest LLC (f/k/a ProQuest Information and Learning Company
and/or Cambridge Sc ientific Abstracts LP and/or ProQuest-CSA LLC) 789 E. Eisenhower Parkway, Ann Arbor, Ml 48108 . U.S. Government
rights to use, mod ify, reproduce , release , perform , display, or disclose these technical data and/or computer databases and/or computer
software are subject to the lim ited ri ghts restr ictions of DFARS 252 .227 -7202-3 (June 2005) Rights in Computer Software and Computer
Software Documentation and/or subject to the restrictions of DFARS 252 .227 -7019 (June 1995) Validation of Asserted Restrictions -
Computer Software , as applicable for U.S. Department of Defense procuremen ts and the limited rights restrictions of FAR 52 .227-14 (June
1987) Rights in Data -Gene ral , FAR 52-227-20(c)(2-3)) (March 1994) Rights in Data-SBIR Program and/or subject to the restricted rights
provisions of FAR 52.227 -15 (May 1999) Representation ofUmited Rights Data and Restr icted Computer Software and FAR 52.227 -19
(June 1987) Commercial Computer Softwa re-Restr icted Rights , as applicable. and any app licable agency FAR Supp lements , for non-
Department of Defense Federal procurement.
US111210
12. EEOC Statement. ProQuest agrees to co mp ly with all prov isi on s of Execu tive Order 11246 of September 24 , 196 5, and all rules ,
regula ti ons and relevant orders of the Secretary of Labor re lated to eq uality of employment opportunity which Exec uti ve Ord er, rules,
regulations an d orders are incorporated here in by reference .
13. Limited Warranty and Disclaimer of Warranty. ProQues t warrant s that it has all rights necessary to enter in to this Agreement and to
provide the Products to you . TO THE EXTENT PERMITIED UNDER THE LAWS OF THE STATE OF TEXAS AND EXCEPT AS
PROVIDED OTHERWISE IN THIS PARAGRAPH, THE PRODUCTS AND ALL EQUIPMENT AND SOFTWARE PROVIDED BY
PROQUEST TO YOU ARE PROVIDED "AS IS " AND "AS AVAILABLE .' THE WARRANT IES IN THIS AGREEMENT ARE IN LIEU OF ALL
OTHER WARRANTIES , EXPRESS OR IMPLIED , INCLUDING WITHOUT LIMITAT ION , ANY WARRANTIES OF MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE . WITHOUT LIMITING THE FOREGOING , NEITHER PROQUEST NOR ANY PROVIDER OF
INFORMATION OR SOFTWARE IN THE PRODUCTS WARRANTS THE USE OF THE PRODUCTS OR THAT THE SOFTWARE OR
SYSTEMS WILL BE UNINTERRUPTED OR ERROR-FREE OR MAKES ANY WARRANTY AS TO THE AVAILAB ILITY OF THE
PRODUCTS , THE ACCURACY, TIMELINESS, CORRECTNESS , RELIABILITY, CURRENCY OR COMPLETENESS OF THE
INFORMATION OR THE RESULTS OF YOUR USE OF THE PRODUCTS , THE SOFTWARE OR THE INFORMATION, EVEN IF
ASSISTED BY PROQUEST. Notwithstanding the foregoing, ProQuest represents and warran ts that the Products will perform substantially
as documented . Should the Products fail to do so, and should ProQuest fail to remedy such fa ilu re within 30 days of notice by you, you
shall have the right to terminate this Agreement and shall be entitled to a refund prorated to the term rema ining .
14. Limitation of Liability . TO THE EXTENT PERMITIED UNDER THE LAWS OF THE STATE OF TEXAS , THE MAXIMUM LIABILITY OF
PROQUEST AND ITS LICENSORS ARISING OUT OF ANY CLAIM RELATED TO THE PRODUCTS WHETHER IN CONTRACT, TORT
OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES RECEIVED BY PROQUEST FROM YOU FOR THE
PRODUCT AT ISSUE UP TO THE TIME THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY OCCURRED . IN NO EVENT
SHALL THE PARTIES BE LIABLE FOR ANY LOST PROFITS , OR ANY OTHER INDIRECT, INCIDENTAL , CONSEQUENTIAL , PUNITIVE
OR SPECIAL DAMAGES RELATED TO THE USE OF THE PRODUCTS OR PROQUEST S FA ILURE TO PERFORM ITS OBLIGATIONS
UNDER THIS AGREEMENT.
15. Miscellaneous.
a. Place . ProQuest's principal place of business where th is contract is formed and all services will be deemed performed is located at
789 E. Eisenhower Pkwy, Ann Arbor, Ml 48108 .
b. Assignment. Neither party may assign this Agreement or any right granted hereunder without the pr ior written consent of the other
Qfil!y, which consent shall not unreasonably be withheld . In the event ProQuest assigns this Agreement to a company that you are
unable or unwilling to do business with, you may terminate this Agreement with thirty (30) days ' written notice to ProQuest and will
be refunded your subscrip tion fees for the then-01rrent subscription period , pro-rated to reflect the number of days from the effective
date of termination through the final day of the then-01rrent subscription period .
c. Taxes . Except to the exten t that you are tax -exempt as to the tax in question , you are respons ible for any sales , use , VAT, personal
property or other local taxes (except those based on ProQuest's income) or import du ties imposed on the Products .
d. Waiver . Fa ilure to enfo rce any prov ision of this Agreement shall not be construed to be a wa iver of such provis ion .
e. Force Majeure . Ne ither Party shall be liable in damages or have the right to terminate this Agreement for any de lay or default in
performing hereunder if such de lay or default is caused by cond itions beyond its control includ ing , but not limited to acts of God ,
Government Restrictions (including the denial or cancellation of any export or other necessary license), wars , acts of terrorism
and/or any other cause beyond the reasonab le control of the party whose performance is affected .
f. Interruption of On-line Products . Neither ProQuest nor its licensors shall be liable or deemed in default of this Agreement for any
failure or delay or inte rruption in the on-line Products or any failure of any equipment or te lecommunications resulting from any cause
or circumstance beyond the reasonable control of ProQuest.
g. Entire Agreement. This Agreement constitutes the entire agreement between the parties he reto with respect to its subject matter
and supersedes any and all previous and contemporaneous understandings or agreements between the parties with respect to the
same subject matter and may not be amended , except in a writing signed by the parties . The terms of your Purchase Orders , if any,
are for your conven ience and do not supersede any term or condition of this Agreement.
h. Severability . If any prov ision of this Agreement is found inva lid or unenforceable pursuant to a decree or decis ion of competent
jurisd icti on , the rema inder of this Agreement shall rema in valid and enforceable acco rding to its terms .
US111210
ADDITIONAL SITES/MEMBER LIBRARIES SCHEDULE FOR FORT WORTH PUBLIC LIBRARY
1.Central Library ...... 817-871-7323
Circulation ................. 817-871-7715
500 W . 3rd Street, 76102-7305
2. BOLD ........................ 817-338-1467
(Butler Outreach Library Divis ion)
1801 N/S Freeway, 76102-5742
3. COOL ........................ 817-534-0852
(Cavile Outreach Opportunity Library)
5060 Avenue G, 76105-1906
4. Diamond Hill/
Jarvis Branch .............. 817-624-7331
1300 NE 35th Street, 76106-4552
5. East Berry Branch ........ 817-536-1945
4300 East Berry Street, 76105-5003
6. East Regional ............. 817-392-5550
6301 Bridge Street, 76112-0823
7. Meadowbrook Branch . 817-451-0916
2800 Stark Street, 76112-6558
8. Northside Branch ........ 817-626-8241
601 Park Street, 76164-8062
9. Northwest Branch ....... 817-392-5420
6228 Crystal Lake Drive , 76179
10. Ridglea Branch .......... 817-737-6619
3628 Bernie Anderson Drive , 76116-5403
11. Riverside Branch ....... 817-838-6931
2913 Yucca Avenue , 76111-4351
12. Seminary S. Branch .... 817-926-0215
501 East Bolt Street , 76110-6310
13. Shamblee Branch ...... 817-392-5580
1062 Evans Avenue , 76104-5135
14. Southwest Regional .. 817-782-9853
4001 Library Lane, 76109-4407 (off S. Hulen)
15. Summerglen Branch .. 817-232-0478
4205 Basswood Blvd ., 76137-1402
16. Wedgwood Branch .... 817-292-3368
3816 Kimberly Lane , 76133-2021