Category Archives: Article 17

S 17

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ARTICLE XVII — MISCELLANEOUS PROVISIONS

Also posted in Settlement | Comments closed

S 17.01

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Good Faith Efforts. Google and Plaintiffs shall cooperate in good faith to effectuate this Amended Settlement Agreement as soon as practicable, including cooperating as set forth herein in seeking the Court’s certification of the Amended Settlement Class, the Court’s preliminary and final approval of the Settlement, and the Court’s approval of procedures to secure the prompt, complete and final dismissal with prejudice of the Action. Further, Google and the Registry shall at all times perform their respective obligations under this Amended Settlement Agreement in good faith and with fair dealing.

Also posted in Section 17.1, Settlement | Comments closed

S 17.02

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Plaintiffs’ Participation in Settlement. None of the Representative Plaintiffs or Associational Plaintiffs will opt out of or object to the Settlement.

Also posted in Section 17.2, Settlement | Comments closed

S 17.03

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Final if Not Terminated. This Amended Settlement Agreement, if not terminated pursuant to any provision hereof, shall become final on the Effective Date and shall expire on the date on which the last U.S. copyright in any Book or Insert terminates.

Also posted in Section 17.3, Settlement | Comments closed

S 17.04

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Dismissal of Action. Upon the Final Approval Date, Plaintiffs and Rightsholders shall be deemed to have stipulated that the Action shall be dismissed with prejudice.

Also posted in Section 17.4, Settlement | Comments closed

S 17.05

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Effect of Termination. Upon the Final Approval Date, Plaintiffs and Rightsholders shall be deemed to have stipulated that the Action shall be dismissed with prejudice. In the event thisAmended Settlement Agreement does not become final for any reason, this Amended Settlement Agreement shall be null and void (except for the second sentence of Section 5.3(h) (Google Rights and Obligations), the first sentence of Section 15.2 (Obligations) and Section 17.6 (Reimbursement if Terminated), which will remain in full force and effect) and of no force and effect (unless all Plaintiffs and Google agree to proceed with the Amended Settlement as they may agree to modify it (subject to Section 7.2(f)(iv) (No Modification Without Consent)), in which event Plaintiffs and Google shall proceed with this Amended Settlement Agreement as so modified), and this Amended Settlement Agreement and all negotiations and proceedings connected with it shall be without prejudice to the rights of either Google or any of the Plaintiffs, shall not be deemed or construed to be an admission by Google or any of the Plaintiffs of any fact or matter, and shall not be used in any way in the Action or in any other action or proceedings, and all parties shall have the same legal rights and obligations as they had before the Amended Settlement Agreement Date with respect to the matters covered by this Amended Settlement Agreement, except with respect to payments of Administrative Costs. In addition, the Settlement Discussions Confidentiality Agreement shall continue to be in effect according to its terms.

Also posted in Section 17.5, Settlement | Comments closed

S 17.06

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Reimbursement if Terminated. Subject to Article XVI (Right to Terminate Agreement), if thisIf this Amended Settlement Agreement becomes null and void pursuant to Section 17.5 (Effect of Termination), within five (5) Business Days of notice by Google to Plaintiffs of such event, the balance of the Settlement Fund, including interest, shall be disbursed to Google by wire transfer into an account designated by Google, less all Administrative Costs incurred or owing for the Settlement Administration Program. For purposes of the disbursement made pursuant to this Section 17.6 (Reimbursement if Terminated), no deduction shall be made for fees of Class Counsel for the Author Sub-Class or for any costs other than those Administrative Costs already incurred. ClassCounsel shall not be responsible for any losses, principal or otherwise, of the Settlement Fund.

Also posted in Section 17.6, Settlement | Comments closed

S 17.07

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Jurisdiction.

Also posted in Section 17.7, Settlement | Comments closed

S 17.07.1

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(a) Use Outside the United States.

Also posted in Section 17.7, Section 17.7(a), Settlement | Comments closed

S 17.07.1.1

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(i) No Other Authorizations. This Amended Settlement Agreement does not authorize the Digitization or any other form of copying, Display Use, Non- Display Use, or any other use of Books and Inserts outside the United States.

Also posted in Section 17.7, Section 17.7(a), Section 17.7(a)(i), Settlement | Comments closed

S 17.07.1.2

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(ii) Foreign Public Domain Works. Further, with respect to Books thatare not in the public domain under the Copyright Act in the United States, but arein the public domain in any jurisdiction outside the United States, this Amended Settlement Agreement neither authorizes nor prohibits Google from exploiting those Booksin such jurisdiction; provided, however, that, in countries that do not have acopyright law that provides for a copyright term of at least the life of the authorand fifty (50) years after the author’s death for literary works that are notanonymous or pseudonymous where copyright is granted to natural persons, thenGoogle will not treat Books as in the public domain in such jurisdiction.

Also posted in Section 17.7, Section 17.7(a), Section 17.7(a)(ii), Settlement | Comments closed

S 17.07.1.3

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(iii) Notification of Foreign Use. Google agrees to notify the Registryif and when Google commences any use of Books or (to Google’s knowledge)Inserts outside of the United States that displays Protected material other than material that is allowed to be displayed in Snippet Display.

Also posted in Section 17.7, Section 17.7(a), Section 17.7(a)(iii), Settlement | Comments closed

S 17.07.2

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(b) Public Domain. Except as specifically set forth in Section 17.7(a)(ii) (Foreign Public Domain Works), nothing herein restricts Google’s use of public domain material, nor are any authorizations given with respect to such material.

Also posted in Section 17.07(b), Section 17.7, Settlement | Comments closed

S 17.08

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Contact with Rightsholders. Google may contact Rightsholders through the Registry with announcements related to uses of their Books and Inserts authorized by this Amended Settlement Agreement or the Registry, provided that such announcements are no more than quarterly in frequency and provided that any Rightsholder may opt out of receiving such announcements. Google shall notify Rightsholders of the existence of the Registry and the means by which Rightsholders can register and/or submit claims with the Registry, for example, through a link to the Registry on a page soliciting participation in the Google Partner Program, before initiating communication concerning the Settlement with Rightsholders with whom Google is not already in communication.

Also posted in Section 17.8, Settlement | Comments closed

S 17.09

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Separate Agreements with Amended Settlement Class Members. Google may already have, and may in the future enter into, separate agreements directly with individual members of the Amended Settlement Class regarding their Books, e.g., through the Google Partner Program. Nothing herein restricts or affects Google’s and such members’ right to enter into or maintain such separate agreements; however, except with respect to any member of the Amended Settlement Class with whom Google has such separate agreements as of the Amended Settlement Agreement Date, at the outset of any initial communication with such a member regarding matters under this Amended Settlement Agreement, Google shall inform such member (a) of the reason for the communication, (b) that such member’s interests are affected by the terms of this Amended Settlement Agreement and are represented by the Registry, together with a brief explanation of both, (c) that such member is free to continue to have his, her or its interests so represented, as opposed to dealing directly with Google, and (d) if such member remains interested in dealing directly with Google, Google is prepared to do so. The non-exclusive rights of Google under this Amended Settlement Agreement are in addition to any rights granted to Google by any Rightsholder in any such separate agreement; provided, however, that any specific prohibitions imposed upon Google by aRightsholder in any such other agreement shall apply during the term of such other agreement. In cases in which Google has, on or after the Amended Settlement Agreement Date, a direct agreement with a Rightsholder with respect to that Rightsholder’s Books (through the Google Partner Program or otherwise), then the payments required to be paid to the Registry set forth in Article IV (Economic Terms for Google’s Use of Books) shall not apply to those Books and the payments set forth in the applicable direct agreement will apply; provided, however, that Google shall comply with the procedures in Section 3.5(c) (Take-Down or Transfer Requests).

Also posted in Section 17.9, Settlement | Comments closed

S 17.10

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Scan Quality. Google will strive to detect and eliminate errors in the Digitization quality or Metadata. Google makes no guarantees, however, regarding the Digitization quality or Metadata quality of any Book or Insert and, accordingly, Google will not be deemed in breach of the authorizations under this Amended Settlement Agreement due to omissions of text that may occur unintentionally due to technical limitations.

Also posted in Section 17.10, Settlement | Comments closed

S 17.11

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Use of Contractors. If and to the extent that Google uses third parties to exercise its rights, including to Digitize Books or Inserts, or to perform any of its obligations, as set forth in this Amended Settlement Agreement, Google shall, at all times, be and remain responsible for ensuring that such parties act in accordance with Google’s obligations under this Amended Settlement Agreement. Google shall be liable for any such third party’s nonconformance with or breach of this Amended Settlement Agreement, and such breaches shall be regarded as breaches by Google for purposes of Article VIII (Security and Breach).

Also posted in Section 17.11, Settlement | Comments closed

S 17.12

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Effect of Right to Exclude. Google shall not base its determination of whether to sell a Book through Consumer Purchase or Institutional Subscriptions solely on the decision of the Rightsholder to exclude that Book from a particular Display Use, unless Google demonstrates that its inability to make Preview Use or Snippet Display, as applicable, results in economic harm to Google in selling that Book or that type of Book. In the event that Google makes a determination not to sell through Consumer Purchase orInstitutional Subscription a Book that the Rightsholder has excluded from Preview Use or Snippet Display, then Google will notify the Registry thereof and will state its reasons for that determination and, if the determination was based on the decision of the Rightsholder to exclude the Book from Preview Use or Snippet Display, Google will, with such notice, provide the Registry with data and information demonstrating that Google’s inability to make Preview Use or Snippet Display, as applicable, results in economic harm to Google in selling that Book or that type of Book. All disputes under this provision shall be resolved pursuant to Article IX (Dispute Resolution); provided, however, that until theArbitrator renders a Decision in favor of Google, Google shall not refrain from selling such Book through Consumer Purchase or Institutional Subscriptions.

Also posted in Section 17.12, Settlement | Comments closed

S 17.13

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Patent Indemnity. Google, at its own expense, shall defend or, at its option settle, any claim, suit or proceeding brought against the Registry or its directors, officers, employees and agents by a third party arising out of a claim that Google’s Digitization of Books or Inserts, Google’s use of Books or Inserts in Google Products and Services under this Amended Settlement Agreement or any other acts of Google undertaken pursuant to or in furtherance of this Amended Settlement Agreement infringe any such third party’s United States patents, or that the Registry induced any such infringement. Google shall indemnify and hold harmless the Registry and any and all of its directors, officers, employees and agents from any liabilities, damages and costs awarded in any such claim,suit or proceeding or agreed to by Google in settlement thereof, or otherwise incurred by Google or by the Registry at Google’s direction in connection therewith. The foregoing obligations are subject to the Registry providing Google with: (a) prompt written notice of such claim, suit or proceeding, (b) exclusive control over the defense and settlement of such claim, suit or proceeding and (c) proper and full information and assistance, at Google’s expense, to settle or defend any such claim, suit or proceeding. Notwithstanding the foregoing, in no event shall Google have any obligations or liability under this Section 17.13 (Patent Indemnity) to the extent that any such claim, suit or proceeding arises out of any content, information or data provided to Google by the Registry or any Rightsholder. The Registry may, at its own expense, assist in the defense of any claim, suit or proceeding for which Google indemnifies the Registry under this Section 17.13 (Patent Indemnity) if the Registry so chooses.

Also posted in Section 17.13, Settlement | Comments closed

S 17.14

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No Liability for Consequential Damages. In no event will Google, a Fully Participating Library, a Cooperating Library, Plaintiffs, Class Counsel, or the Registry be liable for lost profits or any form of indirect, special, incidental, consequential or punitive damages of any character from any claims arising out of this Amended Settlement Agreement, whether based on breach of contract (including breach of the Security Standard or any Security Implementation Plan), tort (including negligence), or otherwise, and whether or not Google, a Fully Participating Library, a Cooperating Library, Plaintiffs, Class Counsel or the Registry has been advised of the possibility of such damage.

Also posted in Section 17.14, Settlement | Comments closed

S 17.15

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Notices.

Also posted in Section 17.15, Settlement | Comments closed

S 17.15.1

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(a) Legal Notices. All notices and demands concerning (i) any breach oralleged breach of this Amended Settlement Agreement, (ii) any dispute under this Amended Settlement Agreement, (iii) any exercise of audit rights under this Amended Settlement Agreement, (iv) pricing of Institutional Subscriptions, Consumer Purchases, additional Public Access Service and other Revenue Models under this Amended Settlement Agreement, (v) payment of any amounts under any provision of this Amended Settlement Agreement, (vi) any Alternative Accommodated Service Provider, (vii) any Third-Party Required Library Services Provider, and (viii) any matter under Articles XI (Preliminary Settlement Approval), XII (Class Notice Program), XIII (Settlement Administration Program), andXIV (Final Fairness Hearing), and XVI (Right to Terminate Agreement) and Section 17.6 (Reimbursement if terminated) shall be sent (1) before the Effective Date, to counsel for the Author Sub-Class, counsel for the Publisher Sub-Class, and Google’s General Counsel, and (2) after the Effective Date, to the chief executive officer of the Registry and Google’s General Counsel.

Also posted in Section 17.15, Section 17.15(a), Settlement | Comments closed

S 17.15.2

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(b) Other Notices. All other notices, demands, and requests for which the recipient is not specified in this Amended Settlement Agreement shall be sent (i) before theEffective Date, to counsel for the Author Sub-Class, counsel for the Publisher Sub-Class, and Google’s General Counsel, and (ii) after the Effective Date, to Google’s Vice President, Content Partnerships and, until such time as the Registry designates other counsel, to counsel for the Author Sub-Class and counsel for the Publisher Sub-Class.

Also posted in Section 17.15, Section 17.15(b), Settlement | Comments closed

S 17.15.3

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(c) Delivery. All notices, demands and requests as specified herein shall be in writing and shall be sent by e-mail (if practicable) and either by overnight courier or by such other delivery methods as provide the sender with proof of the recipient’s receipt and actual notice or, alternatively, with respect to notices under Section 17.15(b (Other Notices) only, through a mode of electronic communication agreed between Google and the Registry. Notice shall be deemed received upon written verification from overnight courier or such other delivery methods of the recipient’s receipt. Contact information shall be updated in writing as necessary to ensure that each such party has current information regarding all such contacts. In no event shall the time period for taking any action under this Amended Settlement Agreement be extended by reason of Rule 6(d) of the Federal Rules of Civil Procedure.

Also posted in Section 17.15, Section 17.15(c), Settlement | Comments closed

S 17.16

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Time Periods. All time periods set forth herein shall be computed in calendar days unless otherwise provided. In computing any period of time prescribed or allowed by this Amended Settlement Agreement or by order of the Court, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be so included, unless it is a Saturday, Sunday or otherwise not a Business Day, or, when the act to be done is the filing of a paper in Court, a day on which weather or other conditions have made the office of the Clerk of the Court inaccessible, in which event the period shall run until the end of the next day that is not one of the aforementioned days.

Also posted in Section 17.16, Settlement | Comments closed

S 17.17

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Public Statements. Any party may make public statements about the Action, the Settlement and this Amended Settlement Agreement, including statements to the press, subject to the limitations regarding confidentiality set forth in Article XV (Confidentiality).

Also posted in Section 17.17, Settlement | Comments closed

S 17.18

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Tax Consequences. No opinion or advice concerning the tax consequences of this Amended Settlement Agreement to individual members of the Amended Settlement Class is being given or will be given by Class Counsel. No representation or warranty in such regard is made by virtue of this Amended Settlement Agreement. The Notice will direct members of the Amended Settlement Class to consult their own tax advisors regarding the tax consequences of the Settlement and any tax reporting obligations they may have with respect thereto. Each such member’s tax obligations, and the determination thereof, are the sole responsibility of such member, and it is understood that the tax consequencesmay vary depending on the particular circumstances of each individual member of the Amended Settlement Class.

Also posted in Section 17.18, Settlement | Comments closed

S 17.19

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Destruction. Within thirty (30) days after the Effective Date, counsel for the Author Sub-Class, counsel for the Publisher Sub-Class and counsel for Google will destroy all copies of, and erase from computer memory, all documents produced to them pursuant to the Action, except for documents that the producing party agrees in writing are necessary for the Registry and/or the claims administration process. Counsel for the Author Sub-Class and counsel for the Publisher Sub-Class will notify Google, and Google will notify counsel for the Author Sub-Class class and Counsel for the Publisher Sub-Class, that such destruction has occurred.

Also posted in Section 17.19, Settlement | Comments closed

S 17.20

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Attachments. All of the Attachments to this Amended Settlement Agreement are material and integral parts hereof, and are incorporated in this Amended Settlement Agreement by reference herein.

Also posted in Section 17.20, Settlement | Comments closed

S 17.21

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No Other Representations. Other than as set forth in this Amended Settlement Agreement, the Supplemental Agreement Regarding Right to Terminate, and the separate settlement agreement Amended Settlement Agreement between the Representative Plaintiffs that represent the Publisher Sub-Class and Google in The McGraw-Hill Companies, Inc. v. Google Inc., 05 Civ. 8881 (JESDS) (which settlement agreementAmended Settlement Agreement is attached hereto as Attachment M (Amended Settlement Agreement Between Publishers and Google)), no party to this Amended Settlement Agreement has relied on any representation of another party in entering into this Amended Settlement Agreement.

Also posted in Section 17.21, Settlement | Comments closed

S 17.22

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Governing Law. This Amended Settlement Agreement, including the Author-Publisher Procedures, shall be governed by and construed in accordance with the laws of the State of New York, without reference to principles of conflicts of laws.

Also posted in Section 17.22, Settlement | Comments closed

S 17.23

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Court’s Continuing Jurisdiction. The Court shall retain jurisdiction over the interpretation and implementation of this Amended Settlement Agreement. Except as provided in Article IX (Dispute Resolution), any claims, disputes or actions arising under or to enforce this Amended Settlement Agreement shall be commenced and maintained only in the Court.

Also posted in Section 17.23, Settlement | Comments closed

S 17.24

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Extensions of Time. Plaintiffs and Google reserve the right, subject to theCourt’s approval, to make any reasonable extensions of time that might be necessary to carry out any of the provisions of this Amended Settlement Agreement, subject to Section 7.2(f)(iv) (No Modification Without Consent).

Also posted in Section 17.24, Settlement | Comments closed

S 17.25

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Complete Defense. This Amended Settlement Agreement may be pleaded as a full and complete defense to, and may be used as the basis for an injunction against, any action, suit, or other proceeding that may be instituted, prosecuted, maintained, or attempted in breach of this Amended Settlement Agreement.

Also posted in Section 17.25, Settlement | Comments closed

S 17.26

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Entire Agreement. This Amended Settlement Agreement, including all of the Attachments hereto, together with the Supplemental Agreement Regarding Right to Terminate and the letter agreement referred to in Section 13.2(c)(iii)(1)(A), contain the entire, complete, and integrated statement of each and every term and provision agreed to by and among Plaintiffs and Google; set forth the entire agreement among Plaintiffs and Google with respect to their subject matter; and are not subject to any condition not provided for in this Amended Settlement Agreement and the Supplemental Agreement Regarding Right to Terminate. Plaintiffs and Google shall not, in any proceeding or otherwise, use or refer to any parol evidence with regard to the interpretation or meaning of this Amended Settlement Agreement.

Also posted in Section 17.26, Settlement | Comments closed

S 17.27

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Amendments. Prior to the Final Approval Date, Plaintiffs and Googlemay, by written agreement, amend this Amended Settlement Agreement, subject to Court approval. At any time on or after the Final Approval Date but prior to the Effective Date, Plaintiffs and Google may, by written agreement, amend this Amended Settlement Agreement, without notice to or approval of the Court, only if such amendment is not materially inconsistent with the Court’s Final Judgment and Order of Dismissal and does not impair the rights of the Amended Settlement Class under this Amended Settlement Agreement. After the Effective Date, the Registry and Google may, by written agreement, amend this Amended Settlement Agreement, without notice to or approval of the Court, only if such amendment does not impair the rights of the Amended Settlement Class under this Amended Settlement Agreement. This Section 17.27 (Amendments) is subject to any approvals of any Fully Participating Libraries and any Cooperating Libraries required by Section 7.2(f)(iv) (No Modification Without Consent).

Also posted in Section 17.27, Settlement | Comments closed

S 17.28

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No Party Is the Drafter. Neither Google nor any of the Plaintiffs shall beconsidered the drafter of this Amended Settlement Agreement or any provisions hereof for the purpose of any statute, case law or rule of interpretation or construction that might cause any provision to be construed against the drafter hereof.

Also posted in Section 17.28, Settlement | Comments closed

S 17.29

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No Prevailing Party. Neither Google nor any of the Plaintiffs is a“prevailing party” in the Action.

Also posted in Section 17.29, Settlement | Comments closed

S 17.30

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Assignment. Google Inc. may assign its rights and delegate its duties under this AmendedSettlement Agreement to a division or an Affiliate of Google Inc., provided that such division or Affiliate agrees to be bound by all of the terms hereof and, provided further, Google Inc. may assign this Amended Settlement Agreement without consent to a successor-in-interest in connection with a merger or the sale of all or substantially all of its assets to which this Amended Settlement Agreement relates. Any attempted assignment, delegation or transfer in derogation hereof shall be null and void. This Amended Settlement Agreement shall be binding upon the heirs, successors, and permitted assigns of each of Plaintiffs, of Rightsholders and of Google.

Also posted in Section 17.30, Settlement | Comments closed

S 17.31

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Counterparts. This Amended Settlement Agreement may be signed in counterparts,each of which shall constitute a duplicate original. Execution by facsimile shall be fully and legally binding on a party.

Also posted in Section 17.31, Settlement | Comments closed

S 17.32

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Interpretation. In this Amended Settlement Agreement, except as otherwise provided,

Also posted in Section 17.32, Settlement | Comments closed

S 17.32.1

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(a) the headings in this Amended Settlement Agreement are inserted for convenienceonly and do not form a part of this AmendedSettlement Agreement and are not intended to interpret, define or limit the scope, extent or intent of this Amended Settlement Agreement or any provision hereof;

Also posted in Section 17.32, Section 17.32(a), Settlement | Comments closed

S 17.32.2

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(b) the terms “include,” “including,” “such as,” and “e.g.,” when following any general statement or term, are not to be construed as limiting the general statement or term to the specific items or matters set forth, but rather as permitting the general statement or term to refer to all other items or matters that could reasonably fall therein;

Also posted in Section 17.32, Section 17.32(b), Settlement | Comments closed

S 17.32.3

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(c) where in this Amended Settlement Agreement, Rightsholders are deemed to haveauthorized Google or a Fully Participating Library to make a specified use of Books or Inserts in specified ways, such authorization includes:

Also posted in Section 17.32, Section 17.32(c), Settlement | Comments closed

S 17.32.3.1

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(i) the right to reproduce, distribute, display, and make technical adaptations to (but not to adapt or alter the content of) such Books or Inserts for the purposes of making, and to the extent reasonably required to make, such authorized use, using any means and any technology, whether now known or hereafter devised; and

Also posted in Section 17.32, Section 17.32(c), Section 17.32(c)(i), Settlement | Comments closed

S 17.32.3.2

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(ii) use of a Book without (1) its Inserts or any portions that have been excluded by any Insert Rightsholder or the Book Rightsholder, and pages of theBook on which such Inserts or portions appear, (2) Inserts of a member of the Amended Settlement Class who has opted out of the Settlement and (3) other Expression inthat Book that is not an Insert, e.g., because it is an image;

Also posted in Section 17.32, Section 17.32(c), Section 17.32(c)(ii), Settlement | Comments closed

S 17.32.4

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(d) all accounting terms not otherwise defined herein have the meanings assigned to them by, and all calculations to be made hereunder are to be made inaccordance with, United States generally accepted accounting principles, as applied on a consistent basis; and

Also posted in Section 17.32, Section 17.32(d), Settlement | Comments closed

S 17.32.5

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(e) a reference to a required agreement, approval, authorization or consent means written agreement, approval, authorization or consent, as the case may be.

Also posted in Section 17.32, Section 17.32(e), Settlement | Comments closed

S 17.33

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Effect of Opt-Out. If all of the members of the AmendedSettlement Class who have a Copyright Interest in a particular Book or Insert opt out of the Settlement by the SupplementalOpt-Out Deadline, then neither this AmendedSettlement Agreement nor any Library-Registry Agreement authorizes or prohibits the use of such Book or Insert, no Claims with respect to such Book or Insert are released by this AmendedSettlement Agreement or the Final Judgment and Order of Dismissal or any Library-Registry Agreement, and this Amended Settlement Agreement will, after the Supplemental Opt-Out Deadline, no longer apply to such Book or Insert.

Also posted in Section 17.33, Settlement | Comments closed

S 17.34

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Compliance with Law. Notwithstanding any other provision of this Amended Settlement Agreement, nothing in this AmendedSettlement Agreement requires Google, aRightsholder, a Participating Library, the Registry or any Plaintiff to take any action that would violate any applicable law and none of them shall be held to have breached this Amended Settlement Agreement by omitting to take any action that, if taken, would violate any applicable law.

This Amended Settlement Agreement is dated October 28, 2008. November 13, 2009.

Also posted in Section 17.34, Settlement | Comments closed