Category Archives: Section 3.5(b)(iv)

S 03.05.2.4

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(iv) Mistakes and the Coupling Requirement. IIf, as of the Notice Commencement Date, a Library Work for which Google uses a Library Scan for Consumer Purchase or any new additional Revenue Model that may be developed pursuant to Section 4.7 (New Additional Revenue Models) (except for any new additional Revenue Model in which access to the Library Scan of that Library Work is provided to users free of charge) is not Commercially Available but Google mistakenly determined such Library Work to be Commercially Available, and such Library Work does not become Commercially Available at any time during the two (2)-year period following the Notice Commencement Date, then, upon a determination that the Library Work is not Commercially Available after such two (2)-year period, the Coupling Requirement will apply to such Library Work if Google is using a Library Scan for Display Uses. If, as of the Notice Commencement Date or at any time during the two (2)-year period following the Notice Commencement Date, such Library Work is mistakenly determined to be not Commercially Available, then, upon determination that the Library Work is Commercially Available, the Coupling Requirement will not apply to such Library Work; provided, however, that if, at any time after the end of such two (2)-year period, the Library Work ceases to be Commercially Available, then the Coupling Requirement shall thereafter apply to such Library Work if Google uses a Library Scan for Display Uses.

Also posted in Article 03, Section 3.5, Section 3.5(b), Settlement | Comments closed