Category Archives: Agreement UM 4.4.3

L UM 04.4.03

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Provision and Use of Settlement Digital Copy. Effective as of the Effective Date, in addition to the terms of U of M’s Library-Registry (Fully Participating) Agreement, the following shall apply to U of M’s use of the Settlement Digital Copy:

Also posted in Agreement UM 4, Agreement UM 4.4, Argreement UM, Library Agreement | Comments closed

L UM 04.4.03.1

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(a) Removal. U of M agrees that if a Rightsholder directs that its Book be Removed pursuant to Section 3.5 of the Settlement Agreement and subject to certain limitations set forth therein, Google shall have no obligation to provide or make available to U of M a Digital Copy of such Book.

Also posted in Agreement UM 4, Agreement UM 4.4, Agreement UM 4.4.3(a), Argreement UM, Library Agreement | Comments closed

L UM 04.4.03.2

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(b) Provision of Settlement Digital Copy. The U of M Digital Copy provided to U of M by Google may contain Books and Inserts contained in the Available Content that Google did not actually Digitize at U of M but has Digitized from another library. If either (i) Google has Digitized or received from U of M in Digitized form at least five (5) million works from the Available Content, or (ii)(A) Google has Digitized or received from U of M in Digitized form at least 3 million works from the Available Content, (B) U of M has made and is continuing to make all works in the Available Content accessible (or would have made such works available for Digitization but did not do so due to their condition, size, binding tightness, or other physical characteristics) to Google at a reasonable rate (the “reasonableness” of the rate will take into account the number of works remaining in the Available Content that Google desires to Digitize, Google’s thencurrent ability to process such works and any operational issues or issues beyond the reasonable control of U of M that may result in variations in the rate or delays) unless Google is not then acting in good faith in the performance of any material obligation under this Agreement (provided, however, that such condition in clause (B) shall continue in the event Google begins to act in good faith in the performance of such obligation again), and (C) U of M is not then in an uncured material breach of this Agreement unless Google is not then acting in good faith in the performance of any material obligation under this Agreement (provided, however, that such condition in clause (C) shall continue in the event Google begins to act in good faith in the performance of such obligation again); then Google will be required to return Digital Copies of Books and Inserts to U of M that were Digitized, in whole or in part (which Digital Copies returned to U of M will be composites if Digitized in part at different libraries), at a different library if those Books or Inserts are contained within the Available Content and U of M (1) made the Books or Inserts available to Google for Digitization or (2) would have made such Books or Inserts available for Digitization but did not do so due to their condition, size, binding tightness, or other physical characteristics. U of M shall provide Google with data regarding the Available Content sufficient for Google to verify that a work Digitized at another library is included within the Available Content. Notwithstanding anything to the contrary set forth herein, Google shall not be obligated to include in-copyright content Digitized from libraries other than U of M that is not subject to the Settlement Agreement as part of any Digital Copy provided by Google to U of M.

Also posted in Agreement UM 4, Agreement UM 4.4, Agreement UM 4.4.3(b), Argreement UM, Library Agreement | Comments closed

L UM 04.4.03.3

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(c) U of M as Hosting Fully Participating Library. In the event a Requesting Fully Participating Library authorizes U of M to store and host such Requesting Fully Participating Library’s Library Digital Copy pursuant to Section 7.2(b)(x) of the Settlement Agreement, then U of M may treat such Requesting Fully Participating Library’s Library Digital Copy in accordance with the terms applicable to the Settlement Digital Copy set forth herein with respect to U of M’s exercise of its rights under Section 7.2(b)(x) of the Settlement Agreement, notwithstanding any terms governing such Requesting Fully Participating Library’s Library Digital Copy set forth in such Requesting Fully Participating Library’s Digitization Agreement with Google that are more restrictive than or conflict with the terms governing U of M’s Settlement Digital Copy set forth herein. Google will apply the terms of Sections 4.4.5 (Redacted Information) and 4.4.6 (Technological Updates and Replacements) hereof to the Library Scans contained in each Requesting Fully Participating Library’s Library Digital Copy hosted by U of M pursuant to Section 7.2(b)(x) of the Settlement Agreement, notwithstanding any more restrictive term set forth in such Requesting Fully Participating Library’s Digitization Agreement with Google. U of M shall not be liable to Google for a Requesting Fully Participating Library’s breach of its Library-Registry (Fully Participating) Agreement or its Digitization Agreement with Google, except to the extent that an action or omission of U of M in breach of its contractual or legal obligations was a cause of such breach.

Also posted in Agreement UM 4, Agreement UM 4.4, Agreement UM 4.4.3(c), Argreement UM, Library Agreement | Comments closed