Category Archives: Agreement UM 4.4.3(c)

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, Argreement UM, Library Agreement | Comments closed