Author Archives: ywchin

L UM 12.4

Independent Contractors. The Parties to this Agreement are independent Parties and nothing herein shall be construed as creating an employment, agency, joint venture or partnership relationship between the Parties. Neither Party shall have any right, power, or authority to enter into any agreement for or on behalf of, or incur any obligation or liability, or […]

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L UM A.09.2

b. No Obligation to Collect. Google will not condition availability of the Public Access Service on the relevant library agreeing to collect for Google amounts referred to in Section 4.8(a)(ii) of the Settlement Agreement.

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L UM A.09.1

a. Exercise of Certain Rights. Google will exercise its rights under Section 3.5(b)(vi) of the Settlement Agreement to the extent necessary to fulfill any relevant obligations of Google to the Institution.

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L UM A.09

Certain Google Covenants.

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L UM A.10.11

j. Enforcement by Google. Google hereby agrees to enforce for the benefit of the Institution the following provisions of the Settlement Agreement: Sections 6.5(b) (first sentence), 6.6(c), and 6.6(d), subject to any confidentiality and privacy restrictions.

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L UM A.10.10

j. Enforcement by Google. Google hereby agrees to enforce for the benefit of the Institution the following provisions of the Settlement Agreement: Sections 6.5(b) (first sentence), 6.6(c), and 6.6(d), subject to any confidentiality and privacy restrictions.

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L UM A.10.9

i. Misclassification. If the Institution informs Google of any works that it believes have been misclassified as not in the public domain (or of a systematic misclassification of works) and provides supporting reasons and information, as well as information regarding the processes used to verify such information, then Google shall use commercially reasonable efforts to […]

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L UM A.10.8

h. Quarterly Updates. Except as otherwise set forth herein, following its initial provision, Google will update on a quarterly basis information provided pursuant to this Paragraph 10 that is required for the Interested Institution to meet its obligations with respect to the Collective Terms, Digitization Agreements, or Library-Registry Agreements. Except as otherwise set forth herein, […]

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L UM A.10.7

Confidentiality and Copying Restriction. The information made available by Google pursuant to Paragraphs 10(a)(iii), (vi) and (ix), 10(d), and 10(f) above may not be shared by the Institution with third parties as Confidential Information of Google pursuant to the confidentiality provisions of the Digitization Agreement, except as provided therein, as otherwise required by law, with […]

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L UM A.10.6

Required Library Services Information. Within a reasonable period following receipt of a written request, Google will disclose to the Designated Representative (who may then disclose same to the Interested Institutions) the following information to the extent reasonably necessary for the Institution to monitor and enforce Section 7.2(e) of the Settlement Agreement and Paragraph 4(d) of […]

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L UM A.10.5

e. Google Exclusion Decisions. Within a reasonable period following receipt of a written request, Google will make available to the Designated Representative (who may then disclose same to the Interested Institutions): (i) a list of Books Google has Digitized or received Digital Copies of and a list of Books of which it is making Display […]

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L UM A.10.4

d. Pricing Strategy. Within a reasonable period following receipt of a written request, Google shall make available to the Designated Representative the initial Pricing Strategy and any subsequent Pricing Strategies relating to Institutional Subscriptions offered to Higher Education Institutions that are agreed upon by Google and the Registry pursuant to Section 4.1(a) of the Settlement […]

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L UM A.10.3

c. Public Disclosure of Public Domain Determinations. Google will make available to the general public the information described in Paragraph 10(a)(ii).

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L UM A.10.2

Information to Perform Obligations. Within a reasonable period following receipt of a written request from the Institution, Google shall provide to the Institution all data provided by the Registry to Google pursuant to Section 6.5(b) of the Settlement Agreement, including all updates, as is reasonably necessary for the Institution to perform its obligations under its […]

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L UM A.10.1

a. Institution Digital Copy. For each work contained in the Institution Digital Copy and in the equivalent of the Institution Digital Copy of each other Interested Institution, Google shall use commercially reasonable efforts to make available to the Institution (which may be accomplished through delivery to the Designated Representative for distribution to the various Interested […]

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L UM A.10

Information.

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L UM 12.7

12.7 General. The Agreement shall be governed by Federal law without giving effect to applicable conflict of laws provisions. In the event of any dispute or litigation arising out of or relating to this Agreement, each Party agrees that it shall attempt to resolve such dispute in good faith. If such dispute cannot be resolved […]

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L UM 12.6

Force Majeure. Performance by either party under this Agreement shall be excused during the period such performance is prevented or delayed by government restrictions, war or warlike activity (e.g., acts of terrorism), insurrection or civil disorder, labor disputes, or any other causes similarly or dissimilar to the foregoing that are beyond the control of either […]

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L UM 12.5

Severability. If any term or provision of this Agreement is held to be invalid, illegal, or otherwise void against public policy, such term of provision shall be stricken and shall not affect the validity or enforceability of the remaining terms and provisions of this Agreement.

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L UM 12.3

Notices. Any notice required or permitted by this Agreement will be deemed given if sent by facsimile or by registered mail, postage prepaid, addressed to the other Party at the address set forth at the top of this Agreement. Delivery will be deemed effective upon transmission by facsimile (with receipt acknowledgement) or three (3) days […]

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L UM 12.2

Assignment. Neither Party may assign this Agreement without the other Party’s prior written consent, which consent shall not be unreasonably withheld. Any attempt to assign this Agreement other than as permitted above will be null and void. Subject to the foregoing, this Agreement is binding upon and shall inure to the benefit of each of […]

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L UM 12.1

No Obligation. Notwithstanding the foregoing, Google shall have no obligation to Digitize any portion of the Available Content nor to use any portion of the Google Digital Copy as part of the Services. U of M shall not be obligated to participate in any Project plan to the extent U of M does not have […]

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L UM 11

LIMITATION OF LIABILITY. EXCEPT FOR DAMAGES ARISING FROM BREACH OF SECTION 6 (CONFIDENTIALITY) OR DAMAGES ARISING FROM BREACH OF SECTIONS 4.4 – 4.6 (AND ASSOCIATED SUBSECTIONS), IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR LOST PROFITS OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER FROM ANY […]

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L UM 10.3

Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 10, EACH PARTY EXPRESSLY DISCLAIMS ANY FURTHER OBLIGATION TO INDEMNIFY, DEFEND, OR HOLD HARMLESS THE OTHER PARTY FROM ANY THIRD PARTY CLAIM OR ACTION. THE FOREGOING PROVISIONS OF THIS SECTION 10 STATE THE ENTIRE LIABILITY AND OBLIGATIONS OF INDEMNIFYING PARTY, AND THE EXCLUSIVE REMEDY OF INDEMNIFIED […]

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L UM 10.2

By U of M. U of M shall defend and indemnify Google, its employees and agents against any third party claim based on an allegation that U of M’s use or distribution of the U of M Digital Copy violates third party copyrights or other legal rights. U of M shall also defend and indemnify […]

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L UM 10.1.4

(d) Procedures for Google Indemnification. This Section 10.1(d) shall apply to any claim for which Google is obligated to defend or indemnify any U of M Indemnitee, pursuant to Sections 10.1(a), (b), or (c)(1) above. For each such claim under Sections 10.1(a) or (b), Google shall either elect to defend such claim or permit the […]

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L UM 10.1.3.2

(2) Reimbursement of Fees. In the event that a claim is brought against a U of M Indemnitee pursuant to Sections 8.5 and/or 8.6 of the Settlement Agreement (as incorporated into the Library-Registry (Fully Participating) Agreement), and the result of such claim is that a judgment is rendered against U of M (whether pursuant to […]

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L UM 10.1.3.1

(1) Security Indemnity. Google shall defend, indemnify, and hold harmless each U of M Indemnitee (which, for the avoidance of doubt, includes without limitation U of M individually and in its capacity as a Hosting Fully Participating Library pursuant to Section 7.2(b)(x) of the Settlement Agreement) (provided, that Google shall not hold harmless a U […]

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L UM 10.1.3

Indemnity for Certain Security Breaches.

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L UM 10.1.2

Google Contractor Indemnification. Google shall defend, indemnify, and hold harmless each U of M Indemnitee (provided, that Google shall not hold harmless a U of M Indemnitee for claims for which Google is not actually indemnifying such U of M Indemnitee) from and against any claim by any person or entity (including without limitation any […]

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L UM 10.1.1

(a) General Indemnification. Google shall defend, indemnify, and hold harmless U of M, its affiliates, its and their Regents, trustees, officers, faculty, employees, students, and agents (each, a “U of M Indemnitee”) (provided, that Google shall not hold harmless a U of M Indemnitee for claims for which Google is not obligated to indemnify such […]

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L UM 10.1

By Google.

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L UM 10

INDEMNIFICATION

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L UM 5.3

Support. U of M shall appoint one person to serve as the administrative contact for Google, should administrative questions or issues arise during the course of this Agreement. This administrative contact shall be available during business hours at a telephone number and e-mail address to be provided by U of M. U of M shall […]

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L UM 05.2

Authorization. The U of M program manager responsible for the Selected Content involved in any Project Plan shall have authority to agree with Google on the time frames and procedures (e.g., collection, conservation, handling) associated with that Selected Content. If Google in good faith believes that the time frames and procedures requested by the U […]

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L UM 05.1

Access. On a project-specific basis, Google shall have the right to access Selected Content during U of M business/staff hours (8:00am to 5:00pm, Monday through Friday) without first being required to notify U of M. On a project-specific basis, U of M may make reasonable efforts to provide Google with access to Selected Content outside […]

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L UM 05

ACCESS, AUTHORIZATION, AND SUPPORT

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L UM 2.7

Responsibility for damage to the Selected Content. While certain Selected Content is within Google’s possession, Google shall make commercially reasonable efforts to minimize damage to the Selected Content, including handling the Selected Content in accordance with handling instructions set forth in the Project Form, if any. If Google, due to its negligence, damages certain Selected […]

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L UM 2.6

Returning the Selected Content. Once completed with the Digitizing process, Google will be responsible for returning the Selected Content to the source from which Google obtained it and in the like manner in which it was collected, within three (3) weeks unless otherwise specified in the Project Form or otherwise agreed upon by the parties. […]

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L UM 2.5.2.2

Notwithstanding the foregoing, this Section 2.5.2 shall not be deemed to require U of M to destroy any portion of the Settlement Digital Copy that it is not otherwise required to destroy pursuant to other terms of this Agreement or U of M’s Library-Registry (Fully Participating) Agreement.

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L UM 2.5.2.1

Further, when that Digitized content rises into the public domain (in Google’s determination), Google will retransfer that Digitized Content to U of M provided Google retains a Digital Copy in its possession at the time and has the technical capability to transfer it to U of M.

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L UM 02.5.2

Within 3 years of the time Google has transferred Digitized Selected Content to U of M, if Google decides not to use that content due to a dispute with a third-party. U of M will destroy that content (so long as it is in print and protected by copyright) from the U of M Digital […]

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L UM 02.5.1

Google may delay transferring Digitized Selected Content to U of M if it decides not to use that content to due to a dispute with a third-party. In this case, Google must inform U of o M, in writing, of the details of the dispute and the specific content to be delayed. Google may delay […]

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L UM 2.5

U of M Digital Copy. Google agrees to provide to U of M a copy of all Digitized Selected Content that has been “Successfully Processed” within thirty (30) days after the Selected Content is Digitized, or in timeframe mutually agreed by the Parties. Digitized Selected Content is “Successfully Processed” when Google determines it has satisfactorily […]

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L UM 2.4

Digitizing the Selected Content. Google will be responsible for Digitizing the Selected Content, Subject to handling constraints or procedures specified in the Project Plan, Google shall at its sole discretion determine how best to Digitize the Selected Content, so long as the resulting digital files meet benchmarking guidelines agreed to by Google and U of […]

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L UM 2.3.2

On-Site (i.e., not transported) Conversion of Selected Content. The terms in 2.3.1 regarding insurance, accessibility to print materials for U of M users, and precautions taken to ensure protection of the materials shall also apply to materials digitized on-site in the Buhr storage facility.

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L UM 2.3.1

Transporting and Storing the Selected Content. On a Project-specific and material-specific basis, U of M may authorize Google to remove some or all of the Selected Content from U of M premises to perform digitization in facilities controlled by Google. All risk of loss, damage, or destruction of the materials will lie with Google from […]

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L UM 2.3

Locating the Digitization Operation. For each Project, U of M shall attempt in good faith to provide Google with adequate physical space to Digitize Selected Content. If U of M is unable to provide such space, U of M shall cooperate with Google to identify and obtain space that Google can use at reasonable rates. […]

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L UM 2.2

Collecting the Selected Content. Upon commencement of a Project, U of M shall be responsible for performing any such conservation efforts that U of M determines are required for the associated Selected Content. On a rolling basis, as the conservation effort is completed, U of M shall provide the conserved Selected Content to Google for […]

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L UM 02.3

Locating the Digitization Operation. For each Project, U of M shall attempt in good faith to provide Google with adequate physical space to Digitize Selected Content. If U of M is unable to provide such space, U of M shall cooperate with Google to identify and obtain space that Google can use at reasonable rates. […]

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L UM 02.1

Identifying Content to be Digitized. The parties shall cooperate to identify Available Content to be Digitized. Upon agreeing to such Selected Content, the Parties shall cooperate in good faith and with diligence to develop a timetable for completing the Project Plan for the Selected Content. The Parties shall then memorialize the Project Plan in a […]

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L UM 02

RESPONSIBILITIES

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SB3 8.10

Counterparts. This Library 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.

Posted in Attachment B3, section B3.8, section B3.8(j), Settlement | Comments closed

SB3 8.09

Compliance with Law. Notwithstanding any other provision of this Library Agreement, nothing in this Library Agreement requires Library or the Registry to take any action that would violate any applicable law and neither of them shall be held to have breached this Library Agreement by omitting to take any action that, if taken, would violate […]

Posted in Attachment B3, section B3.8, section B3.8(i), Settlement | Comments closed

SB3 8.08

Interpretation. The interpretive provisions of Section 17.32 (Interpretation) of the Settlement Agreement apply to this Library Agreement.

Posted in Attachment B3, section B3.8, section B3.8(h), Settlement | Comments closed

SB3 8.07

No Waiver. The failure of either Party to act in the event of a breach of this Library Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches.

Posted in Attachment B3, section B3.8, section B3.8(g), Settlement | Comments closed

SB3 8.06

Severability. If any provision of this Library Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Library Agreement shall otherwise remain in full force and effect and remain enforceable between the Parties.

Posted in Attachment B3, section B3.8, section B3.8(f), Settlement | Comments closed

SB3 8.05

Assignment. Neither Party may assign any of its rights or delegate any of its duties under this Library Agreement without the prior written consent of the other Party, which shall not unreasonably be withheld or delayed. Any attempted assignment, delegation or transfer in derogation hereof shall be null and void. This Library Agreement shall be […]

Posted in Attachment B3, section B3.8, section B3.8(e), Settlement | Comments closed

SB3 8.04

Amendment. This Library Agreement may be amended by a written agreement signed by both Parties, only if such amendment does not impair the rights of Rightsholders under this Library Agreement.

Posted in Attachment B3, section B3.8, section B3.8(d), Settlement | Comments closed

SB3 8.03

Entire Agreement. This Library Agreement, including exhibits, sets forth the entire agreement between the Registry and Library with respect to its subject matter.

Posted in Attachment B3, section B3.8, section B3.8(c), Settlement | Comments closed

SB3 8.02

Governing Law. This Library Agreement shall be governed by and construed in accordance with the law of the State of _______________, without reference to principles of conflicts of laws. [Governing law to be specified in each Library-Registry Agreement. Governing law will be New York or the state in which Library is located if required by […]

Posted in Attachment B3, section B3.8, section B3.8(b), Settlement | Comments closed

SB3 8.01

Notices. Unless provided for to the contrary in this Library Agreement, any and all notices or other communications or deliveries required or permitted to be made under this Library Agreement shall be in writing and sent to the Parties at their addresses identified above (or as otherwise provided by notice given pursuant to this Section […]

Posted in Attachment B3, section B3.8, section B3.8(a), Settlement | Comments closed

SB3 8

Miscellaneous Provisions.

Posted in Attachment B3, section B3.8, Settlement | Comments closed

SB3 7

Dispute Resolution. Library hereby agrees that all disputes arising under this Library Agreement shall be subject to Exhibit C (Dispute Resolution). Except as provided in Exhibit C (Dispute Resolution), any claims, disputes or actions arising under or to enforce this Library Agreement shall be commenced and maintained only in the U.S. District Court for the […]

Posted in Attachment B3, section B3.7, Settlement | Comments closed

SB3 6

Third-Party Beneficiary. Library acknowledges and agrees that each Rightsholder is a third-party beneficiary of this Library Agreement, entitled to enforce it in accordance with Section 8.3 (Breaches – General Principles) of the Settlement Agreement as if such Rightsholder were a party hereto.

Posted in Attachment B3, section B3.6, Settlement | Comments closed

SB3 5.2

Library Releases of Rightsholders. Without further action by anyone, as of the Effective Date, Library, for good and sufficient consideration, the receipt and adequacy of which are hereby acknowledged, shall be deemed to have fully, finally and forever released, relinquished, settled, and discharged, each Rightsholder Releasor and Class Counsel, from any and all Claims that […]

Posted in Attachment B3, section B3.5, section B3.5(b), Settlement | Comments closed

SB3 5.1

Use of Digital Copies by Library. Pursuant to Section 10.2(a) (Release of Google Releasees, Fully Participating Library Releasees, Cooperating Library Releasees, Public Domain Releasees and Other Library Releasees) of the Settlement Agreement, as of the Effective Date, Library is released by Rightsholder Releasors from the Public Domain Library Released Claims. Such section is set forth […]

Posted in Attachment B3, section B3.5, section B3.5(a), Settlement | Comments closed

SB3 5

Releases.

Posted in Attachment B3, section B3.5, Settlement | Comments closed

SB3 4.3

Limitation of Liability. In no event will Library 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 Library Agreement, whether based on breach of contract, tort (including negligence), or otherwise, and whether or not such […]

Posted in Attachment B3, Section B3.4, section B3.4(c), Settlement | Comments closed

SB3 4.2

Disclaimer. The warranties explicitly set forth above are the only warranties provided herein and are in lieu of all other warranties by the Parties, express or implied, with respect to the subject matter of this Library Agreement.

Posted in Attachment B3, Section B3.4, section B3.4(b), Settlement | Comments closed

SB3 4.1

Mutual Warranties. Each Party represents and warrants to the other that (i) it has full power and authority to enter into this Library Agreement and to perform its obligations hereunder; and (ii) this Library Agreement constitutes its valid and binding obligation, enforceable against it in accordance with its terms.

Posted in Attachment B3, Section B3.4, section B3.4(a), Settlement | Comments closed

SB3 4

Representations, Disclaimer And Limitation Of Liability.

Posted in Attachment B3, Section B3.4, Settlement | Comments closed

SB3 3.4

Termination by Library. Library may terminate this Library Agreement at any time for any reason or for no reason, upon thirty (30) days’ notice to the Registry.

Posted in Attachment B3, Section B3.3, Section B3.3(d), Settlement | Comments closed

SB3 3.3

Termination if Settlement Agreement Not Final. In the event that the Registry and Library agree that the void.

Posted in Attachment B3, Section B3.3, Section B3.3(c), Settlement | Comments closed

SB3 3.2

Term. This Library Agreement shall continue in full force and effect until the last to expire of the U.S. copyright in each Book and Insert, unless otherwise terminated at an earlier date pursuant to Section 3(c) (Termination if Settlement Agreement Not Final) or Section 3(d) (Termination by Library).

Posted in Attachment B3, Section B3.3, Section B3.3(b), Settlement | Comments closed

SB3 3.1

Effective Date. This Library Agreement, if not terminated pursuant to any provision hereof, shall become effective on the Library Agreement Effective Date.

Posted in Attachment B3, Section B3.3, Section B3.3(a), Settlement | Comments closed

SB3 2.2

Obligation to Delete. As of the Library Agreement Effective Date, Library hereby certifies that it has deleted or permanently rendered unusable any Digital Copies of Books provided by Google to Library prior to the Library Agreement Effective Date. If, after the Library Agreement Effective Date, Library discovers any such Digital Copies of Books or Google […]

Posted in Attachment B3, Section B3.2, Section B3.2(b), Settlement | Comments closed

SB3 2.1

Public Domain Books Only. Library has a Digitization Agreement with Google pursuant to which Library provides material to Google for Digitization. Library agrees that it will not provide materials to Google for Digitization when it knows that those materials are Books.

Posted in Attachment B3, Section B3.2, Section B3.2(a), Settlement | Comments closed

SB3 3

Term And Termination.

Posted in Attachment B3, Section B3.3, Settlement | Comments closed

SB3 2

Settlement Agreement Terms.

Posted in Attachment B3, Section B3.2, Settlement | Comments closed

SB3 1

Definitions. Capitalized terms have the meanings ascribed to them in Exhibit A (Settlement Agreement Definitions).

Posted in Attachment B3, Section B3.1, Settlement | Comments closed

SB3 0

This LIBRARY-REGISTRY (PUBLIC DOMAIN) AGREEMENT (with all of the exhibits hereto, the “Library Agreement”) is entered into by and between ______________, a ___________ with its principal offices at _____________________ (the “Registry”), on behalf of itself and all Rightsholders, and _____________________, with its principal offices at ____________________________________ (“Library”), is entered into as of _________________ and is […]

Posted in Attachment B3, Section B3.0, Settlement | Comments closed

S 04.3.6

(f) Preview Use Pages Served on Non-Google Websites. When Google makes any Preview Use of a Book as authorized under this Amended Settlement Agreement and allows third parties to display Preview Use pages served by Google on non-Google websites, then Google agrees to include Metadata about that Book, including the title and author of the […]

Posted in Article 04, Section 4.3, Section 4.3(f), Settlement | Comments closed

S 04.3.5.5

(v) Registry’s Ability to Adjust Preview Use Settings. In addition to amendments to Attachment F (Preview Uses) described in clauses (i), (ii) and (iii) above, the Registry may adjust the Preview Use setting for a particular Book in exceptional circumstances for good cause shown.

Posted in Article 04, Section 4.3, Section 4.3(e), Section 4.3(e)(v), Settlement | Comments closed

S 04.3.5.4

(iv) Books Excluded from Testing. In no event shall any tests under clauses (i), (ii) or (iii) above either (1) make Display Uses of Books that the Rightsholder has expressly excluded from Display Uses or that the [Registry] (https://nylssites.wpengine.com/thepublicindex/archives/2678) reasonably requests to be excluded or (2) change the Preview Use of Books from settings (a) […]

Posted in Article 04, Section 4.3, Section 4.3(e), Section 4.3(e)(iv), Settlement | Comments closed

S 04.3.5.3

(iii) Standard, Continuous, Fixed Preview or No Preview Books. Upon request of the Registry, for Books in any Preview Use category, Google shall make commercially reasonable efforts to conduct tests to determine if another Preview Use setting increases sales and revenues of such Books. The Registry, in consultation with Google, shall be responsible for determining […]

Posted in Article 04, Section 4.3, Section 4.3(e), Section 4.3(e)(iii), Settlement | Comments closed

S 04.3.5.2

(ii) No Preview Books. For Books in categories listed on Attachment F (Preview Uses) as No Preview, Google may conduct tests in consultation with the Registry to determine which Preview Use setting increases Book sales and revenues for Books in the different Pricing Bins set forth in Section 4.2(c)(i) (Pricing Bins). For purposes of such […]

Posted in Article 04, Section 4.3, Section 4.3(e), Section 4.3(e)(ii), Settlement | Comments closed

S 04.3.5.1

(i) Fixed Preview Books. For Books in categories listed on Attachment F (Preview Uses) as Fixed Preview, Google may conduct tests in consultation with the Registry to determine if another Preview Use category increases sales and revenues of such Books. For purposes of such tests, Google may randomly select no more than five percent (5%) […]

Posted in Article 04, Section 4.3, Section 4.3(e), Section 4.3(e)(i), Settlement | Comments closed

S 04.3.5

(e) Google Tests.

Posted in Article 04, Section 4.3, Section 4.3(e), Settlement | Comments closed

S 04.3.4

(d) List of Blocked Preview Use Pages. Unless the Rightsholder has authorized display of one hundred percent (100%) of the pages of a Book in Preview Use, Google will maintain a list of Book pages that cannot be viewed in any Preview Use. The list will consist of at least five percent (5%) of the […]

Posted in Article 04, Section 4.3, Section 4.3(d), Settlement | Comments closed

S 04.3.3.3

(iii) Continuous Preview. “Continuous Preview” means that Google may display up to ten percent (10%) of the pages of a Book to a user without the adjacent page limitations of Standard Preview.

Posted in Article 04, Section 4.3, Section 4.3(c), Section 4.3(c)(iii), Settlement | Comments closed

S 04.3.3.2

(ii) Standard Preview.

Posted in Article 04, Section 4.3, Section 4.3(c), Section 4.3(c)(ii), Settlement | Comments closed

S 04.3.3.1

(i) Fixed Preview.

Posted in Article 04, Section 4.3, Section 4.3(c), Section 4.3(c)(i), Settlement | Comments closed

S 04.3.3

(c) Rightsholder Options for Preview Use. Regardless of the default setting for Preview Use of a Book set forth in Section 4.3(b) (Default Settings for Preview Use), a Rightsholder will be able to choose from the following settings for Preview Use for any Book:

Posted in Article 04, Section 4.3, Section 4.3(c), Settlement | Comments closed

S 04.3.2.4

(iv) Determination of Categories. Google shall use BISAC codes or an equivalent classification scheme in order to determine whether a Book is in a category listed on Attachment F (Preview Uses). Google shall not be responsible for errors in its determination of whether a Book is in a particular category listed on Attachment F (Preview […]

Posted in Article 04, Section 4.3, Section 4.3(b), Section 4.3(b)(iv), Settlement | Comments closed

S 04.3.2.3

(iii) Fixed Preview. The default setting for the categories of Books listed on Attachment F (Preview Uses) under the heading “Fixed Preview” is Fixed Preview. “Fixed Preview” means that Google may display (in addition to the table of contents, title page, copyright page and other pages that appear prior to the table of contents, and […]

Posted in Article 04, Section 4.3, Section 4.3(b), Section 4.3(b)(iii), Settlement | Comments closed

S 04.3.2.2

(ii) No Preview. The default setting for the categories of Books listed on Attachment F (Preview Uses) under the heading “No Preview” is no Preview Use (“No Preview”).

Posted in Article 04, Section 4.3, Section 4.3(b), Section 4.3(b)(ii), Settlement | Comments closed

S 04.3.2.1.3

(3) No Copy/Paste, Print or Book Annotations. Unless approved by the Registry or the Rightsholder, Google will not offer to users copy/paste, print or Book Annotation functionalities as part of Preview Uses.

Posted in Article 04, Section 4.3, Section 4.3(b), Section 4.3(b)(i), Section 4.3(b)(i)(3), Settlement | Comments closed

S 04.3.2.1.2

(2) Adjustments to Percentages. Rightsholders may increase the percentages in Fixed Preview, Standard Preview and Continuous Preview.

Posted in Article 04, Section 4.3, Section 4.3(b), Section 4.3(b)(i), Section 4.3(b)(i)(2), Settlement | Comments closed

S 04.3.2.1.1

(1) Standard Preview. “Standard Preview” means that Google may display (in addition to the table of contents, title page, copyright page and other pages that appear prior to the table of contents, and the index) up to twenty percent (20%) of the pages of a Book to a user but no more than five (5) […]

Posted in Article 04, Section 4.3, Section 4.3(b), Section 4.3(b)(i), Section 4.3(b)(i)(1), Settlement | Comments closed

S 04.3.2.1

(i) Standard Preview. Except as set forth below in this Section 4.3(b) (Default Settings for Preview Use), the default Preview Use is Standard Preview.

Posted in Article 04, Section 4.3, Section 4.3(b), Section 4.3(b)(i), Settlement | Comments closed

S 04.3.2

(b) Default Settings for Preview Use. The default settings for Preview Use will be as follows:

Posted in Article 04, Section 4.3, Section 4.3(b), Settlement | Comments closed

S 04.3.1

(a) Preview Use Permitted. Google may offer a free Preview Use to allow users to sample a Book prior to making a purchase decision, unless a Rightsholder of a Book directs Google or the Registry not to allow Preview Use of that Book.

Posted in Article 04, Section 4.3, Section 4.3(a), Settlement | Comments closed

S 04.3

Preview Uses.

Posted in Article 04, Section 4.3, Settlement | Comments closed

S 04.2.3.3

(iii) Provision of Settlement Controlled Prices to Registry. Google shall determine and provide to the Registry both the Settlement Controlled Price for all Settlement Controlled Price Books and what would be the Settlement Controlled Price for every Specified Price Book, as if the Rightsholder of such Specified Price Book had selected the Settlement Controlled Price […]

Posted in Article 04, Section 4.2(c), Section 4.2(c)(iii), Settlement | Comments closed

S 04.2.3.2.4

(4) Disputes. Disputes regarding the Pricing Algorithm or its application shall be resolved pursuant to Article IX (Dispute Resolution).

Posted in Article 04, Section 4.2, Section 4.2(c), Section 4.2(c)(ii), Section 4.2(c)(ii)(4), Settlement | Comments closed

S 04.2.3.2.3

(3) Validation of Pricing Algorithm. The Registry has the right to validate, through the use of a reasonable number of third-party experts, the reasonableness of the Pricing Algorithm and to verify that the conclusions it the Pricing Algorithm produces are statistically valid; provided that (a) Google has no obligation to disclose the Pricing Algorithm or […]

Posted in Article 04, Section 4.2, Section 4.2(c), Section 4.2(c)(ii), Section 4.2(c)(ii)(3), Settlement | Comments closed

S 04.2.3.2.2

(2) Development of Pricing Algorithm and Changes to Pricing Bin Distribution. Google will develop the Pricing Algorithm and unilaterally, with no involvement of or control by the Registry or any Rightsholder; provided, however, that Google employees and contractors who may be Rightsholders are not precluded from performing their assigned duties with respect to development of […]

Posted in Article 04, Section 4.2(c), Section 4.2(c)(ii), Section 4.2(c)(ii)(2), Settlement | Comments closed

S 04.2.3.2.1

(1) Initial Pricing Bin Distribution. The initial distribution percentages of Settlement Controlled Price Books that Google offers for Consumer Purchase in the Pricing Bins will be: 5% ($1.99), 10% ($2.99), 13% ($3.99), 13% ($4.99), 10% ($5.99), 8% ($6.99), 6% ($7.99), 5% ($8.99), 11% ($9.99), 8% ($14.99), 6% ($19.99) and 5% ($29.99).

Posted in Article 04, Section 4.2, Section 4.2(c), Section 4.2(c)(ii), Section 4.2(c)(ii)(1), Settlement | Comments closed

S 04.2.3.2

(ii) Pricing and Distribution of Books Into Pricing Bins.

Posted in Article 04, Section 4.2, Section 4.2(c), Section 4.2(c)(ii), Settlement | Comments closed

S 04.2.3.1

(i) Pricing Bins. For Books that will be sold at the Settlement Controlled Price, Google and the Registry will agree upon use a set of pre-defined prices for Books (“Pricing Bins”), and each Book will be priced at one of those prices. The initial Pricing Bins for Books will be: $1.99, $2.99, $3.99, $4.99, $5.99, […]

Posted in Article 04, Section 4.2(c), Section 4.2(c)(i), Settlement | Comments closed

S 04.2.3

(c) Settlement Controlled Pricing.

Posted in Article 04, Section 4.2, Section 4.2(c), Settlement | Comments closed

S 04.2.2.3

(iii) Default Pricing Option. If the Rightsholder of a Book has not specifically directed that its Book be sold at a Specified Price, then Consumer Purchase of that Book will be sold at the Settlement Controlled Price.

Posted in Article 04, Section 4.2, Section 4.2(b), Section 4.2(b)(iii), Settlement | Comments closed

S 04.2.2.2

(ii) Change of Pricing Option. At any time, the Rightsholder of a Book may switch between the Specified Price and Settlement Controlled Price upon seven (7) days’ prior notice to Google or the Registry.

Posted in Article 04, Section 4.2, Section 4.2(b), Section 4.2(b)(ii), Settlement | Comments closed

S 04.2.2.1.2

(2) Settlement Controlled Price. In this option, the Rightsholder permits the price for which its Book authorized for Consumer Purchase is to be sold to be determined by an algorithm (the “Pricing Algorithm”) that Google will design to find the optimal such price for each such Book and, accordingly, in order to maximize revenue for […]

Posted in Article 04, Section 4.2, Section 4.2(b), Section 4.2(b)(i), Section 4.2(b)(i)(2), Settlement | Comments closed

S 04.2.2.1.1

(1) Specified Price. In this option, the Rightsholder identifies the price (which may be as low as $0.00) for which it wants its Book authorized for Consumer Purchase to be sold. This pricing option is referred to in this Amended Settlement Agreement as the “Specified Price.” The Specified Price may only be changed by the […]

Posted in Article 04, Section 4.2, Section 4.2(b)(i), Section 4.2(b)(i)(1), Settlement | Comments closed

S 04.2.2.1

(i) Pricing of Consumer Purchases. A Rightsholder may select one of two pricing options for Consumer Purchases:

Posted in Article 04, Section 4.2, Section 4.2(b), Section 4.2(b)(i), Settlement | Comments closed

S 04.2.2

(b) Pricing Options.

Posted in Article 04, Section 4.2, Section 4.2(b), Settlement | Comments closed

S 04.2.1

(a) Basic Features of Consumer Purchase. Consumer Purchase will enable purchasers to view, copy/paste and print pages of a Book, and may enable Book Annotations. With respect to copy/paste, the user will not be able to select, copy and paste more than four (4) pages of the content of a Display Book with a single […]

Posted in Article 04, Section 4.2, Section 4.2(a), Settlement | Comments closed

S 04.2

Consumer Purchases.

Posted in Article 04, Section 4.2, Settlement | Comments closed

S 04.1.7

(g) Beta Testing. Google may provide Institutional Subscriptions to a limited number of institutions as a beta product free of charge prior to the initial launch. Unless otherwise agreed by the Registry, Google shall be authorized to offer Institutional Subscriptions in beta form to up to five (5) Fully Participating Libraries and Cooperating Libraries, up […]

Posted in Article 04, Section 4.1, Section 4.1(g), Settlement | Comments closed

S 04.1.6

(f) Subscriber Experience. The experience and rights provided to subscribers and their users under Institutional Subscriptions will be no less favorable to them than the experience and rights offered in the Consumer Purchase, except that such experience and rights will be time-limited to the duration of the Institutional Subscription. In addition, and without limiting the […]

Posted in Article 04, Section 4.1, Section 4.1(f), Settlement | Comments closed

S 04.1.5

(e) Institutional Subscription Terms and Conditions. In its terms and conditions applicable to Institutional Subscriptions, (i) Google will (1) limit access to Books to appropriate individuals within the subscriber institution (e.g., in the case of educational institutions, faculty, students, researchers, staff members, librarians, personnel and business invitees of the subscriber and walk-in users from the […]

Posted in Article 04, Section 4.1, Section 4.1(e), Settlement | Comments closed

S 04.1.4

(d) Basic Features of Institutional Subscriptions. Institutional Subscriptions will enable users to view, copy/paste, and print pages of a Book, and may enable Book Annotations. With respect to copy/paste, the user will not be able to select, copy and paste more than four (4) pages of the content of a Display Book with a single […]

Posted in Article 04, Section 4.1, Section 4.1(d), Settlement | Comments closed

S 04.1.3

(c) Intermediaries. Google may work through intermediaries to sell Institutional Subscriptions, subject to Registry approval, which approval shall not be unreasonably withheld or delayed.

Posted in Article 04, Section 4.1, Section 4.1(c), Settlement | Comments closed

S 04.1.2

(b) Institutional Consortia. Google may work through Institutional Consortia to sell Institutional Subscriptions.

Posted in Article 04, Section 4.1, Section 4.1(b), Settlement | Comments closed

S 04.1.1.9.3

(3) The Registry will have the right immediately to renegotiate and, if necessary, resolve pursuant to Article IX (Dispute Resolution), with Google the prices of the applicable Institutional Subscription(s) or Consumer Subscription(s) with which such Adjunct Product is used under the procedures set forth in Section 4.1(a)(viii) (Adjustments to Pricing Strategy), which revised prices will […]

Posted in Article 04, Section 4.1, Section 4.1(a), Section 4.1(a)(ix), Section 4.1(a)(ix)(3), Settlement | Comments closed

S 04.1.1.9.2

(2) such product or service exploits access to Books by users of the subscription in a manner that could not, with similar efforts, be similarly exploited by other entities ((1) and (2) together, an “Adjunct Product”).

Posted in Article 04, Section 4.1, Section 4.1(a), Section 4.1(a)(ix), Section 4.1(a)(ix)(2), Settlement | Comments closed

S 04.1.1.9.1

(1) the preponderance of the value of such product or service tousers of the subscription is realized through access to Books through suchsubscription, and

Posted in Article 04, Section 4.1, Section 4.1(a), Section 4.1(a)(ix), Section 4.1(a)(ix)(1), Settlement | Comments closed

S 04.1.1.9

(ix) Adjunct Products. Google will inform the Registry of any Google Products and Services that Google offers for a fee as an adjunct to any Institutional Subscription or (if Google and the Registry agree to offer Consumer Subscriptions) Consumer Subscription, which product or service meets the following conditions:

Posted in Article 04, Section 4.1, Section 4.1(a), Section 4.1(a)(ix), Settlement | Comments closed

S 04.1.1.8.2

(2) Registry Proposed Adjustments. The Registry may propose adjustments to the then-current agreed upon Pricing Strategy. If Google and the Registry cannot agree to a change to the Pricing Strategy after negotiating for a period of sixty (60) days after the Registry’s notice of its proposal for adjustments, then the dispute shall be resolved pursuant […]

Posted in Article 04, Section 4.1, Section 4.1(a), Section 4.1(a)(viii), Section 4.1(a)(viii)(2), Settlement | Comments closed

S 04.1.1.8.1

(1) Google Proposed Adjustments. Google may propose adjustments to the then-current agreed upon Pricing Strategy. If Google and the Registry cannot agree to a change to the Pricing Strategy after negotiating for a period of sixty (60) days after Google’s notice of its proposal for adjustments, then the dispute shall be resolved pursuant to Article […]

Posted in Article 04, Section 4.1, Section 4.1(a), Section 4.1(a)(viii), Section 4.1(a)(viii)(1), Settlement | Comments closed

S 04.1.1.8

(viii) Adjustments to Pricing Strategy.

Posted in Article 04, Section 4.1, Section 4.1(a), Section 4.1(a)(viii), Settlement | Comments closed

S 04.1.1.7

(vii) Comparable Products and Services. FTE-based prices in the initial Pricing Strategy will be based upon then-current prices for comparable products and services, surveys of potential subscribers, and other methods for collecting data and market assessment. Google shall be responsible for collecting data comparing the target retail prices for the versions of the Institutional Subscription […]

Posted in Article 04, Section 4.1, Section 4.1(a), Section 4.1(a)(vii), Settlement | Comments closed

S 04.1.1.6.4.2

b) Subsequent Pricing Strategies. Google shall submit subsequent proposed Pricing Strategies to the Registry at least ninety (90) days prior to the expiration of the then-current Pricing Strategy, and Google and the Registry shall negotiate for a period of up to ninety (90) days. If, after ninety (90) days (or earlier, as mutually agreed), Google […]

Posted in Article 04, Section 4.1, Section 4.1(a), Section 4.1(a)(vi), Section 4.1(a)(vi)(4), Section 4.1(a)(vi)(4)(b), Settlement | Comments closed

S 04.1.1.6.4.1

a) Initial Pricing Strategies. The initial Pricing Strategy must be agreed upon by Google and the Registry before Google sells any Institutional Subscriptions. Google shall submit aproposed initial Pricing Strategy to the Registry by no later than one year after the Effective Date. Following submission of the initial Pricing Strategy, Google and the Registry shall […]

Posted in Article 04, Section 4.1, Section 4.1(a), Section 4.1(a)(vi), Section 4.1(a)(vi)(4), Section 4.1(a)(vi)(4)(a), Settlement | Comments closed

S 04.1.1.6.4

(4) Process.

Posted in Article 04, Section 4.1, Section 4.1(a), Section 4.1(a)(vi), Section 4.1(a)(vi)(4), Settlement | Comments closed

S 04.1.1.6.3

(3) Duration. The period for the initial Pricing Strategy to be in effect is expected to be between two (2) and three (3) years. Google and the Registry shall agree as to the periods for which subsequent Pricing Strategies will be in effect.

Posted in Article 04, Section 4.1, Section 4.1(a), Section 4.1(a)(vi), Section 4.1(a)(vi)(3), Settlement | Comments closed

S 04.1.1.6.2

(2) Discounting. The initial Pricing Strategy will also include a discount from the List Prices that will be offered for a limited period of time to subscribers. This discount will be defined against the List Price and is designed to encourage potential customers to subscribe. The period for an initial discount will be included in […]

Posted in Article 04, Section 4.1, Section 4.1(a), Section 4.1(a)(vi), Section 4.1(a)(vi)(2), Settlement | Comments closed

S 04.1.1.6.1.6

f) The Price Change Cut Off Date.

Posted in Article 04, Section 4.1, Section 4.1(a), Section 4.1(a)(vi), Section 4.1(a)(vi)(1), Section 4.1(a)(vi)(1)(f), Settlement | Comments closed

S 04.1.1.6.1.5

e) The amount of discount, if any, that Google is authorized to offer to institutions and to Institutional Consortia. Any discounts above the approved discount require Registry approval.

Posted in Article 04, Section 4.1, Section 4.1(a), Section 4.1(a)(vi), Section 4.1(a)(vi)(1), Section 4.1(a)(vi)(1)(e), Settlement | Comments closed

S 04.1.1.6.1.4

d) Any expected increases or decreases in the price of each version of the Institutional Subscription at annual anniversary points during the period in which the then-current Pricing Strategy will be in effect.

Posted in Article 04, Section 4.1, Section 4.1(a), Section 4.1(a)(vi), Section 4.1(a)(vi)(1), Section 4.1(a)(vi)(1)(d), Settlement | Comments closed

S 04.1.1.6.1.3

c) The period of time over which Google will have the authorization to sell the versions of the Institutional Subscription at such target retail prices.

Posted in Article 04, Section 4.1, Section 4.1(a), Section 4.1(a)(vi), Section 4.1(a)(vi)(1), Section 4.1(a)(vi)(1)(c) | Comments closed

S 04.1.1.6.1.2

b) A target retail price for each Institutional Subscription for each of the classes of institutions identified in Section 4.1(a)(iv) (Pricing Bands), including Institutional Subscriptions for each of the discipline-based collections that may be offered, Institutional Subscriptions that provide access to the entire Institutional Subscription Database, and any Limited Subscriptions.

Posted in Article 04, Section 4.1, Section 4.1(a), Section 4.1(a)(vi), Section 4.1(a)(vi)(1), Section 4.1(a)(vi)(1)(b), Settlement | Comments closed

S 04.1.1.6.1.1

a) Any discipline-based collections that would be offered as an Institutional Subscription, as an alternative to the version of the Institutional Subscription that provides access to the entire Institutional Subscription Database.

Posted in Article 04, Section 4.1, Section 4.1(a), Section 4.1(a)(vi), Section 4.1(a)(vi)(1), Section 4.1(a)(vi)(1)(a), Settlement | Comments closed

S 04.1.1.6.1

(1) Elements of Pricing Strategy. Each Pricing Strategy shall include:

Posted in Article 04, Section 4.1, Section 4.1(a), Section 4.1(a)(vi), Section 4.1(a)(vi)(1), Settlement | Comments closed

S 04.1.1.6

(vi) Pricing Strategy. Prior to beginning to sell Institutional Subscriptions, Google shall propose an initial pricing strategy and, thereafter, Google shall propose subsequent pricing strategies, consistent with the objectives set forth in Section 4.1(a)(i) (Objectives) (each, a “Pricing Strategy”), to the Registry.

Posted in Article 04, Section 4.1, Section 4.1(a), Section 4.1(a)(vi), Settlement | Comments closed

S 04.1.1.5

(v) Versions of Institutional Subscriptions. When Google offers any Institutional Subscription, Google will offer a version of the Institutional Subscription that provides access to all Books available for Institutional Subscriptions pursuant to this Amended Settlement Agreement (the “Institutional Subscription Database”) for a fee. In addition, Google may identify Institutional Subscriptions for a small number of […]

Posted in Article 04, Section 4.1, Section 4.1(a), Section 4.1(a)(v), Settlement | Comments closed

S 04.1.1.4.6

(6) Additional categories, as agreed between Google and the Registry. Subdividing the market into additional categories may be one mechanism used to ensure broad accessibility of Books to end users.

Posted in Article 04, Section 4.1, Section 4.1(a), Section 4.1(a)(iv), Section 4.1(a)(iv)(6), Settlement | Comments closed

S 04.1.1.4.5

(5) Public (no remote access without Registry approval); and

Posted in Article 04, Section 4.1, Section 4.1(a), Section 4.1(a)(iv)(5), Settlement | Comments closed

S 04.1.1.4.4

(4) Government (no remote access without Registry approval) (may include per seat licensing in addition to FTE);

Posted in Article 04, Section 4.1, Section 4.1(a), Section 4.1(a)(iv), Section 4.1(a)(iv)(4), Settlement | Comments closed

S 04.1.1.4.3

(3) School (K-12) (no remote access without Registry approval);

Posted in Article 04, Section 4.1, Section 4.1(a), Section 4.1(a)(iv), Section 4.1(a)(iv)(3), Settlement | Comments closed

S 04.1.1.4.2

(2) Higher Education Institutions, which will be sub-divided into sub-categories based on the Carnegie Classifications for Institutions of Higher Education within the United States;

Posted in Article 04, Section 4.1, Section 4.1(a), Section 4.1(a)(iv), Section 4.1(a)(iv)(2), Settlement | Comments closed

S 04.1.1.4.1

(1) Corporate (may include per seat licensing in addition to FTE);

Posted in Article 04, Section 4.1, Section 4.1(a), Section 4.1(a)(iv), Section 4.1(a)(iv)(1), Settlement | Comments closed

S 04.1.1.4

(iv) Pricing Bands. FTE-based pricing, including pricing bands, may vary across broad categories of institutions. The categories are:

Posted in Article 04, Section 4.1, Section 4.1(a), Section 4.1(a)(iv), Settlement | Comments closed

S 04.1.1.3

(iii) FTE Basis. Pricing will be based on FTEs (Full-Time Equivalency). For Higher Education Institutions, FTE is defined as full-time equivalent students.

Posted in Article 04, Section 4.1, Section 4.1(a), Section 4.1(a)(iii), Settlement | Comments closed

S 04.1.1.2

(ii) Parameters. Google and the Registry will use the following parameters to determine the price of Institutional Subscriptions: pricing of similar products and services available from third parties, the scope of Books available, the quality of the scan and the features offered as part of the Institutional Subscription. Plaintiffs and Google expect that the number […]

Posted in Article 04, Section 4.1, Section 4.1(a), Section 4.1(a)(ii) | Comments closed

S 04.1.1.1

(i) Objectives. The economic terms for Institutional Subscriptions of Books will be governed by two objectives: (1) the realization of revenue at market rates for each Book and license on behalf of Rightsholders and (2) the realization of broad access to the Books by the public, including institutions of higher education. Plaintiffs and Google view […]

Posted in Article 04, Section 4.1, Section 4.1(a), Section 4.1(a)(i) | Comments closed

S 04.1.1

(a) General Guidelines for Pricing of Institutional Subscriptions.

Posted in Article 04, Section 4.1, Section 4.1(a), Settlement | Comments closed

S 04.1

Institutional Subscriptions.

Posted in Article 04, Section 4.1, Settlement | Comments closed

S 03.07.1

Obligation. Google shall implement both of the Contemplated Rightsholder Services (i.e., Institutional Subscriptions and Consumer Purchases) within five (5) years after the Effective Date. If Google discontinues both of the Contemplated Rightsholder Services prior to the fifth (5th) anniversary of the Effective Date, Google shall implement comparable replacement monetization opportunities for the Rightsholders within a […]

Posted in Article 03, Section 3.7, Section 3.7(a), Settlement | Comments closed

S 03.07

Contemplated Rightsholder Services.

Posted in Article 03, Section 3.7, Settlement | Comments closed

S 03.06

Technical Adaptations. Except with respect to Books Removed under Section 3.5(a) (Right to Remove), Google may make technical adaptations to (but not adapt or alter the content of) all Books (whether Display or No Display) and Inserts as reasonably necessary to preserve, maintain, manage, and keep technologically current its copies of the Books and Inserts.

Posted in Article 03, Section 3.6, Settlement | Comments closed

S 06.6.5

(e) Copyright Status. The Registry and Google will provide each other with information that each obtains bearing on the copyright status of works that are or may be Books or Inserts.

Posted in Article 06, Section 6.6, Section 6.6(e), Settlement | Comments closed

S 06.6.4

(d) Claimed Books to be Public. The Registry will make publicly available whether or not a Book has been registered with the Registry and, for Books that have been registered, the identity of the Registered Rightsholder, unless the Registered Rightsholder requests that such information not be made public for reasonable privacy concerns, as determined by […]

Posted in Section 6.6, Section 6.6(d), Settlement | Comments closed

S 06.6.3.3

(iii) Registered Rightsholders. The identity of any Registered Rightsholder for a given Book or Insert; provided, however, that if the Book or the Insert was published under a pseudonym, then the Registry will only disclose that pseudonym to Google and, provided further, that if a Rightsholder requests that his, her or its identity not be […]

Posted in Article 06, Section 6.6, Section 6.6(c), Section 6.6(c)(iii), Settlement | Comments closed

S 06.6.3.2

(ii) Metadata Corrections. Any corrections to the Metadata, and any other corrections or modifications to information the Registry previously provided to Google regarding a Book or Insert.

Posted in Article 06, Section 6.6, Section 6.6(c), Section 6.6(c)(ii), Settlement | Comments closed

S 06.6.3.1

(i) Books Claimed. Registry, instructions with respect to the Removal of Books and the exclusion or inclusion of Books and Inserts pursuant to Article III (Google Book Search– Rights, Benefits and Obligations) and to the Specified Price pursuant to Section 4.2(b)(i)(1) (Specified Price), and any other directions for Books and Inserts provided for in this […]

Posted in Article 06, Section 6.6, Section 6.6(c), Section 6.6(c)(i), Settlement | Comments closed

S 06.6.3

(c) Data Provided by the Registry. The Registry shall provide the following to Google:

Posted in Article 06, Section 6.6, Section 6.6(c), Settlement | Comments closed

S 06.7

Authorization of Registry. Where this Amended Settlement Agreement confers on the Registry rights and obligations with respect to Books and Inserts, including with respect to the Registry’s relationship with each of Google, the Fully Participating Libraries, the Cooperating Libraries and the Public Domain Libraries, Plaintiffs and all Rightsholders, as of the Effective Date, shall be […]

Posted in Article 06, Section 6.7, Settlement | Comments closed