Category Archives: Agreement UM 4.4.6

L UM 04.4.06

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Technological Updates and Replacements. This paragraph shall be effective upon the Amendment Effective Date with respect to works in the public domain as of and after such date; this paragraph shall be effective upon the Effective Date with respect to all other works in the U of M Digital Copy. Within a reasonable period of time after Google Improves a Digital Copy of any such work, Google will provide or make available to U of M a copy of the Improved Digital Copy. In addition, Google will provide or make available to U of M a copy of the Improved Digital Copy for each such work each time a Digital Copy of that work is Improved by (i) any Fully Participating Library or Cooperating Library to the extent Google is so permitted under a contract with such Fully Participating Library or Cooperating Library and provided that such Fully Participating Library or Cooperating Library makes the Improved Digital Copy available to Google, (ii) any third party that Improves the quality of a Digital Copy of such work to be used in the Accommodated Services under the terms of a Library-Registry (Fully Participating) Agreement, Library-Registry (Cooperating) Agreement, and/or the Settlement Agreement, to the extent Google is so permitted under a contract with such third party and provided that such third party makes the Improved Digital Copy available to Google, or (iii) any third party to the extent Google is so permitted under a contract with such third party and provided that such third party makes the Improved Digital Copy available to Google. If U of M elects to download from Google a copy of the Improved Digital Copy of any such work, U of M may download only the most current version of such file made available to it by Google. Google will make the Improved Digital Copy available to U of M within a reasonable period of time after it is created by another party and provided to Google as contemplated by this Section. For purposes of this Section, the term “Improve” shall mean with respect to a Digital Copy, to make changes to a Digital Copy that materially improve the viewability of text or the fidelity of the work and shall not include changes made by Google to improve indexing, add content, or for other purposes (the resulting Digital Copy shall be an “Improved Digital Copy” and any such improvement shall be an “Improvement”). For example only, “Improve” shall include, without limitation: making improvements to a Digital Copy that make the text of a work easier to view by users with print disabilities and improvements to the Digital Copy from increased OCR accuracy. Notwithstanding anything to the contrary set forth herein, with respect to works contained in the Non-Settlement Digital Copy that Google has not determined to be in the public domain, Google shall be required to provide or make available Improved Digital Copies of such works (i) only if the improvement materially improves the usability or quality of Digital Copies for preservation (it being acknowledged that U of M has an interest in maintaining high quality Digital Copies for preservation) or (ii) otherwise upon request by U of M, and Google will not unreasonably withhold consent to such request provided that Google may withhold consent for legal or reasonable other reasons. In connection with the furnishing of such Improved Digital Copies, Google agrees from time to time to (x) use delivery methods to be mutually agreed upon between Google and U of M that are reasonably appropriate to timely delivery of the volume of content being delivered; (y) employ mutually agreed upon technologies that provide reasonably appropriate downloading and throughput speeds to U of M; and (z) make available servers (or use some other mutually agreed upon mechanism for delivery of data) that have reasonably appropriate capacity and rate of connectivity. Google will also provide U of M access to download a copy of the file for any Digitized work previously provided to U of M that has become lost, damaged, or destroyed within thirty (30) days of any request by U of M.

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

L UM 04.4.06.1

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Technical Cooperation. Google will reasonably cooperate with U of M to establish mutually agreed communications and dispute resolution procedures with the goal that issues related to technical performance (including without limitation download issues) be addressed expeditiously.

Also posted in Agreement UM 4, Agreement UM 4.4, Agreement UM 4.4.6.1, Argreement UM, Library Agreement | Comments closed