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Agreement
OCLC Affiliate Services Terms and Conditions Thank you for visiting the OCLC Affiliate Services web site. You may utilize OCLC Affiliate Services by agreeing to and complying with these OCLC Affiliate Services Terms and Conditions (these "Terms" or this "Agreement"). Your use of OCLC Affiliate Services is governed by these Terms. OCLC reserves the right, within its sole discretion, to determine your eligibility to use OCLC Affiliate Services. 1. DEFINITIONS A. "Affiliate Services" means the Tools, Data, Widgets, and other services made available to you by OCLC through the OCLC Affiliate Services web site and/or associated TCP/IP services. B. "You" or "your" refers to: (i) an individual accessing and using Affiliate Services on his or her own behalf; (ii) an individual or entity on whose behalf Affiliate Services are being accessed and used by his/her/its authorized representative; or (iii) an individual or entity that develops or authorizes the development of an application which makes use of Affiliate Services. C. "Account" means your current access credentials which are recognized by OCLC as authentic. D. "Data" means bibliographic data, search terms and other information made available to you or users of your application by OCLC through the OCLC Affiliate Services web site and/or associated TCP/IP services. E. "Widgets" means the web-based applications that can be copied, installed and executed within any separate HTML-based web page to display WorldCat content on a third party site, made available to you by OCLC through the OCLC Affiliate Services web site and/or associated TCP/IP services. F. "Tools" means interfaces and data streams made available to your application by OCLC through the OCLC Affiliate Services web site and/or associated TCP/IP services. G. "Purposes" means managing and enabling access to: (i) library services, library materials, library resources and information related thereto; and/or (ii) services, materials, resources or information of interest to library patrons. H. "Commercial Use" means: (i) sale or resale of Data, Widgets and/or Tools (including, without limitation, sale or resale of rights therein under a licensing arrangement or otherwise); (ii) use of Data, Widgets and/or Tools as part of or to facilitate a service for which you or a user of your application receives a fee (including, without limitation, fees from advertising placed on service interfaces); or (iii) sale or resale of an application which makes use of Affiliate Services. 2. AGREEMENT TO THESE TERMS A. Your use of Affiliate Services signifies Your agreement to these Terms.Accordingly, You should read these Terms carefully prior to using Affiliate Services. The Terms are available via a link appearing on the OCLC Affiliate Services web site and may also be made available for Your review as OCLC otherwise thinks appropriate. You may be required to register in the manner provided for on the OCLC Affiliate Services web site in order to access and use Affiliate Services. If so, these Terms will be presented to you during the registration process. In such case, if you agree to the Terms, please click on the appropriate button to indicate your agreement. Once you have done so, you are permitted to access and use Affiliate Services. If you do not agree to these Terms, please click on the appropriate button to indicate that you decline to agree to the Terms. Doing so will result in you being directed away from Affiliate Services. B. Once you have agreed to these Terms (either by using Affiliate Services or signifying Your agreement to the Terms during the registration process as described above), each instance of access to and use of Affiliate Services initiated by Your Account shall be governed by these Terms (including changes thereto as described below). OCLC may change these Terms at any time in its sole discretion. OCLC will issue notice of changes by email, a change notice posted on the OCLC Affiliate Services web site or any other means reasonably calculated to provide notice. If any change is unacceptable, your only recourse is to terminate this Agreement pursuant to Section 6.A(ii) below (i.e., by ceasing to use Affiliate Services). Your continued use of Affiliate Services [other than pursuant to the post-termination rights granted by Section 6.B(i) below] following OCLC's issuance of notification of a change to these Terms or posting of a new agreement on the OCLC Affiliate Services web site will constitute binding acceptance of the change or such new agreement (whichever applies). 3. USE OF AFFILIATE SERVICES A. Tools. OCLC grants you a nonexclusive, nontransferable license to use Tools in your applications solely to accomplish the Purposes. The following activities are prohibited, and you agree not to engage in (or permit) such activities: (i) use of Tools other than as authorized by these Terms or in any unlawful manner; (ii) Commercial Use except pursuant to a separate written agreement with OCLC; (iii) reproduction, distribution, display or disclosure of Tools except to the extent reasonably required for use of the Tools to develop applications accomplishing the Purpose; and (iv) introduction of viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Tools. B. Data. OCLC grants you a nonexclusive, nontransferable license to use Data by permitting users to access Data through your applications solely for the Purposes. The following activities are prohibited, and you agree not to engage in (or permit) such activities: (i) use of Data other than as authorized by these Terms or in any unlawful manner; (ii) Commercial Use except pursuant to a separate written agreement with OCLC; (iii) use of Data in connection with mass e-mailings, promotions, advertising, or solicitations (such as "spam"), including, without limitation, commercial advertising, informational announcements, and mail bombing; (iv) use of bots, spiders, or other automated information-gathering devices or programming routines to "mine" or harvest material amounts of Data; (v) reproduction, distribution, display or disclosure of Data except to the extent reasonably incidental to use for the Purposes as authorized herein; (vi) creation of or repackaging in a database containing material amounts of Data; and (vii) introduction of viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Data. C. Widgets. OCLC grants you a nonexclusive, nontransferable license to download and use the Widgets solely for the Purposes. Your use of the Widgets shall conspicuously display a graphic that indicates that the Widgets are provided by OCLC. You may not: (i) engage in Commercial Use except pursuant to a separate written agreement with OCLC; (ii) omit, obscure, hide or alter the Widgets' graphics (including, without limitation, OCLC's "WorldCat" and WorldCat logo trademarks/service marks), OCLC's proprietary rights notices affixed to or provided with the Widgets, or any other information OCLC intends you to display with the Widgets; (iii) charge users for searches made using the Widgets; (iv) alter the operation of the Widgets or make any other modification to the Widgets; (v) use any OCLC trademark or service mark except to the extent displayed by OCLC in the Widgets' graphics; (vi) use the Widgets or any data, cover art or graphic contained therein or accessed thereby in connection with any internet-based or other electronic on-line commerce; or (vii) decompile, reverse engineer, disassemble, loan, distribute, or create derivative works or improvements from the Widgets or any portion thereof, or attempt to discover any source code, protocols, or other trade secrets in the Widgets. D. Other Services. Other services made available to you through the OCLC Affiliate Services web site and/or associated TCP/IP services may be subject to additional terms and conditions which will be made available to you at the time such other services are available for your use. E. Your Application. You may make your application utilizing Affiliate Services available to users only for the Purposes and in accordance with these Terms. You agree to communicate the usage restrictions set forth in this Section 3 to users in writing and to condition use of your application on users' compliance with such restrictions. OCLC reserves the right to enforce the usage restrictions directly against any user. F. You agree to include a link to the OCLC Registries Service and/or OCLC's WorldCat.org service in your applications utilizing any Affiliate Service. OCLC will make the necessary linking information available. OCLC may change, modify and/or discontinue Affiliate Services at any time and for any reason without liability. You agree to identify to OCLC using the method provided by OCLC all web sites where you are using or intend to use an Affiliate Service. You will enable OCLC to view any of the identified web sites at its sole discretion. You may not mirror any portion of the OCLC Affiliate Services web site on any web site. G. "OCLC", "WorldCat" and the WorldCat logo are registered trademarks/service marks of OCLC Online Computer Library Center, Inc. OCLC owns all right, title and interest, including, without limitation, all intellectual property rights, in and to Affiliate Services. Except as expressly provided for in these Terms, OCLC, its affiliates and/or their respective suppliers retain all rights, title and interest in and to Affiliate Services. 4. FEES Affiliate Services are provided free of charge (unless otherwise specified) for your use as authorized by these Terms. Any sales, use, value-added or other taxes which may be payable as a result of your use of Affiliate Services shall be your responsibility. 5. YOUR ACCOUNT Please promptly notify OCLC in writing of misuse of your Account. 6. TERM AND TERMINATION A. This Agreement shall commence on the date you indicate your agreement to these Terms as described in Section 2.A above and shall remain in effect until terminated in accordance with one of the following: (i) effective at any time upon OCLC providing you with at least ten (10) days prior written notice of its desire to terminate the Agreement; (ii) upon you ceasing use of Affiliate Services [except pursuant to the post-termination rights granted by Section 6.B(i) below]; or (iii) when you have committed a material breach of these Terms and have not corrected the same within ten (10) days after notice of such breach from OCLC. (OCLC may, in its sole discretion, suspend your access to Affiliate Services immediately upon your material breach of these Terms pending your correction of such breach within the ten (10) day period specified above.) B. In the event of termination of this Agreement by OCLC pursuant to Section 6.A(i) above or pursuant to Section 6.A(ii) above, (i) you may, provided you are in full compliance with these Terms, continue to provide users of your applications with access to Data made available by OCLC through Affiliate Services prior to the effective date of such termination in accordance with these Terms, which shall be deemed to survive termination of this Agreement for such purpose; and (ii) you shall cease all use of Tools and Widgets, and remove the use of the Tools and Widgets from your computer systems, web sites and other applications. You shall certify in writing your compliance with this Section 6.B upon OCLC's request C. In the event of termination of this Agreement by OCLC pursuant to Section 6.A(iii) above, your access to Affiliate Services may be permanently discontinued and you shall: (i) cease all use of Tools, Data and Widgets; and (ii) remove the use of Tools, Data and the Widgets from your computer systems, web sites and other applications. You shall certify in writing your compliance with this Section 6.C upon OCLC's request. D. Sections 3.H, 4, 5, 6.B, 6.C, 6.D, 7 and 8 of these Terms shall survive termination of this Agreement for any reason. 7. WARRANTY, DISCLAIMERS AND LIMITATIONS OF LIABILITY A. If You are accessing and using Affiliate Services on behalf of another individual or entity or developing an application which makes use of Affiliate Services on behalf of another individual or entity, You warrant that You are authorized to and do hereby bind that individual or entity to these Terms. B. You are responsible for all damages, liabilities, losses, costs and expenses (including attorneys' fees) incurred by OCLC and/or its affiliates (including those incurred in connection with third-party claims) as a result of your breach of the above warranty or any of the other provisions of these Terms. C. Affiliate Services are provided "AS IS" and your use of and reliance on Affiliate Services is solely at your own risk. OCLC does not warrant the completeness, performance or accuracy of Affiliate Services. OCLC AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, CONCERNING AFFILIATE SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT. IN NO EVENT SHALL OCLC OR ITS AFFILIATES HAVE ANY LIABILITY WHATSOEVER FOR, AND YOU HEREBY EXPRESSLY RELEASE OCLC AND ITS AFFILIATES FROM DAMAGES OR LIABILITY OF ANY KIND ARISING FROM CLAIMS RELATED TO AFFILIATE SERVICES OR ANY ACT UNDERTAKEN OR OMISSION MADE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER OR NOT OCLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If you are a California resident, you waive your rights under California Civil Code ï¿½ 1542, which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Residents of other states and nations similarly waive their rights under analogous laws, statutes, or regulations. Some states do not permit the exclusion of warranties, so the above warranty exclusions may not apply to you. D. You acknowledge that Affiliate Services may provide links to web sites or sources of content which are not under the control of and are not maintained by OCLC. OCLC is not responsible for and does not endorse or guarantee the content of those sites. E. Neither party shall have any liability or obligation to the other for indirect, incidental, consequential or exemplary damages, whether based on contract, tort or any other legal theory and regardless of whether a party foresaw such damages. 8. MISCELLANEOUS A. This Agreement constitutes the complete, final and exclusive statement of the parties' agreement with respect to the subject matter hereof and is not intended to confer upon any person other than the parties hereto any rights or remedies. No purchase orders or other forms you submit shall apply to modify or supplement this Agreement. Except as specified in Section 2.B, this Agreement may be amended only by means of a written document executed by each of the parties. B. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio and the United States of America, without regard to their conflict of laws principles. The United Nations Convention on Contracts for the International Sales of Goods shall not apply. C. You may not assign or otherwise transfer your rights or obligations under this Agreement. OCLC may assign its rights and/or delegate its obligations under this Agreement by posting notice of such assignment and/or delegation on the OCLC Affiliate Services web site at least thirty (30) days prior to the effective date thereof. D. OCLC shall not be liable for any failure or delay in performance hereunder due to any cause beyond its reasonable control including, but not limited to, acts of God or public enemy, fire, explosion, accident, strikes, governmental actions, delay or failure of suppliers, or delay or failure of the OCLC systems or other difficulties with telecommunications networks. E. Affiliate Services may not be accessed or used by entities or individuals who are or become subject to United States trade restrictions. Affiliate Services may be used only in full compliance with U.S. export regulations. You shall be the exporter and importer of record in connection with Affiliate Services as delivered by OCLC to you outside the United States, and shall pay and/or comply with all applicable export and import laws, customs, regulations tariffs, duties and fees, and procurement, data and technology transfer laws. OCLC's obligations hereunder are contingent upon necessary export licenses being obtained from federal agencies of the United States. F. Notices required to be given pursuant to these Terms may be provided by email: (i) to you, to the email address you provide upon registering to use the OCLC Affiliate Services web site; and (ii) to OCLC, to the following OCLC email address: affiliate@oclc.org. G. Any waiver of any terms of this Agreement must be in writing and signed by the party against whom the waiver is to be enforced. H. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. I. OCLC's collection and use of any personal information submitted via the OCLC Affiliate Services web site is governed by OCLC's Privacy Policy, which can be accessed at http://www.oclc.org/policies/privacy.en.html. Last updated April 3, 2009
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