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OCLC Software License Agreement

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OCLC Software License Agreement

Copyright statement

Prior to downloading the OCLC software (the “OCLC Software”), the institution ("Licensee") must accept the terms and conditions set forth in this OCLC Software License Agreement (the “Agreement”) by clicking the “I Accept” button at the end of this Agreement.

1. OCLC Programs.

This Agreement governs Licensee's use of the OCLC Software. The selected OCLC Software may include the
following programs: OCLC Connexion client software; Catalog Label Program software; OCLC Dewey Cutter Macro software; OCLC Permissions software; OCLC Submission Builder software; Digital Archive Uploader software; RLIN keyboard software (e.g., RLIN21 Arabic keyboard, RLIN21 Cyrillic keyboard, RLIN21 Hebrew keyboard, and RLIN21 Latin keyboard), and any programs OCLC may designate in the future.

a.    License.

OCLC hereby grants to Licensee a nonexclusive, nontransferable, and non-assignable license to load
and use the OCLC Software in object code form only solely for Licensee's internal, noncommercial
purposes. Licensee may make a reasonable number of copies of the OCLC Software for backup
purposes. Licensee shall not reverse engineer, decompile, or reverse assemble the OCLC Software
and shall reproduce and/or retain all copyright notices and restricted rights legends on all copies of
the OCLC Software made hereunder.

b.    Title.

The OCLC Software and all copies thereof are the property of OCLC and/or its suppliers and all
rights, title and interest thereto remains in OCLC and/or its suppliers. Licensee shall not sell,
transfer, publish, disclose, display, or otherwise make available to any third party any OCLC
Software or copy thereof, except as permitted in section 1.g of this Agreement. Licensee shall take
appropriate action by instruction or agreement with its employees who are permitted access to the
OCLC Software or copies thereof to inform such employees of Licensee’s obligations under this
Agreement and usage restrictions applicable to the OCLC Software.

c.    Update Policy.

OCLC may, but is not obligated to, update the OCLC Software from time to time and will make these
updates available electronically. Generally, updates will be announced by OCLC, and Licensee will
have an opportunity to acquire updated materials and interim patches from OCLC. OCLC shall not
be obligated to make other OCLC software programs, processes, products, or services compatible
with prior versions of the OCLC Software after an updated version is introduced. If Licensee
acquires or is provided updated materials, it will be licensed to use such updated materials under
the terms of this Agreement and OCLC will make a general announcement electronically if it decides
to terminate the right to use the copy of the preceding version of the OCLC Software.

d.    Warranties and Limitation of Liability.

THE OCLC SOFTWARE IS PROVIDED "AS IS." OCLC MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
WITH RESPECT TO THE OCLC SOFTWARE AND DISCLAIMS ALL SUCH
WARRANTIES, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. OCLC'S LIABILITY, IF ANY, FOR
DAMAGES, INCLUDING BUT NOT LIMITED TO LIABILITY ARISING OUT OF
CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, OR WARRANTY SHALL
NOT EXCEED A REFUND OF THE FEES ACTUALLY PAID BY LICENSEE FOR THE
OCLC SOFTWARE, IN EXCHANGE FOR TERMINATION OF THIS AGREEMENT. IN
NO EVENT WILL OCLC (OR ITS SUPPLIERS OR LICENSORS) BE LIABLE FOR
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF
OCLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LICENSEE AGREES THAT THE OCLC SOFTWARE IS NOT A CONSUMER GOOD
FOR PURPOSES OF FEDERAL OR STATE WARRANTY LAWS. The terms of this
Agreement inure to the benefit of all suppliers of third-party software used to develop
the OCLC Software

e.    Term and Termination.

The license granted herein for each release of the OCLC Software shall terminate effective as of the
date OCLC publicly announces that it will no longer support such release following availability of a
new release or update of such OCLC Program. Licensee shall be responsible for monitoring OCLC's
web site for such "end-of-support" announcements. If Licensee breaches this Agreement, the
license granted by this Agreement will terminate immediately. Upon any termination of license rights
under this Agreement with respect to any OCLC Programs, Licensee shall thereupon destroy all
such OCLC Programs, together with all copies thereof made or permitted to be made by Licensee.

f.    Injunctive Relief.

Licensee agrees that if any transfer or unauthorized copy of the OCLC Software is made, OCLC will
have the right to obtain an injunction in addition to any other rights and remedies to which it may be
entitled. Licensee agrees to be responsible for all costs incurred by OCLC in protecting its rights
hereunder against unauthorized copying and transfer by Licensee, including all attorneys' fees
reasonably incurred by OCLC.

g.    Assignment.

Licensee's rights and obligations under this License Agreement may not be assigned or delegated
by Licensee without the prior written consent of OCLC which will not be unreasonably withheld.

h.    Exports and Imports.

Licensee assures OCLC that Licensee intends to use the OCLC Software only in the country where
initially downloaded by Licensee, and that Licensee will not use, ship, export, or reexport copies of
OCLC Software, directly or indirectly, in or to any other country. Licensee shall be responsible for
paying and/or complying with any and all laws, customs, regulations, tariffs, duties and fees,
procurement, and data and technology transfer laws, of the country into which any import is made.
Licensee shall not download the OCLC Software to countries to which export of the OCLC Software
is prohibited by U.S. law.

i.    Additional Terms.

Licensee understands that the OCLC Software is designed for use with certain OCLC online systems and services (the “OCLC Systems”) and that access to and use of the OCLC Systems are subject to the terms of separate OCLC agreements. Licensee acknowledges that use and transfer of records and other information from WorldCat received through the use of the OCLC Software are subject to the “WorldCat Rights and Responsibilities for the OCLC Cooperative”, as modified from time to time as a result of the policy review process described therein (the “Policy”). A copy of the current version of the Policy is available at http://www.oclc.org/worldcat/recordu...cy/default.htm.

2. Severability.

If any provision of this Agreement is held to be invalid or unenforceable, it will be construed to have the
broadest interpretation that would make it valid and enforceable under such holding. Invalidity or
unenforceability of a provision will not affect any other provision of this Agreement.

3. Entire Agreement.

This is the final, complete, and exclusive Agreement between the parties as to the subject matter hereof,
and there are no other contracts, express or implied, with respect thereto. Licensee may only modify this Agreement by a writing signed by both parties.

 

 

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