LIMITED USER LICENSE AGREEMENT (LULA)
(This LULA is provided to each school that purchases Follett eBooks).
This is an agreement between you and Follett Library Resources, Inc. ("Follett") or its parent, and their affiliates and subsidiaries, and governs your use of FollettÕs technology, including but not limited to Electronic Books ("eBooks") and other licensed content (collectively "Licensed Materials") and the secure Follett eBooks platform ("Follett Platform"), and the services and goods provided through the applicable Follett Platform. Each time you access Licensed Materials you signify your acceptance and agreement, and the acceptance and agreement of any Authorized User (defined below), without limitation or qualification, to be bound by this Agreement. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, or you do not have the legal authority to agree to and accept this Agreement, you may not use the Licensed Materials.
1. THE LICENSE
1.1 As used in this Agreement, the following terms shall have the meaning indicated:
"Licensed Materials" means the eBooks and/or other licensed content purchased by the Licensee. The Licensed Materials will be hosted on the secure Follett Platform.
"Authorized Users" means those users that the Licensee identifies as authorized to access and use the Licensed Materials and Follett Platform. For Educational Services, Districts, Academic Libraries and Schools, "Licensee" shall mean the Educational Service, District, School or Library licensing the use of and access to the Follett Platform and Licensed Materials. Authorized Users include that Licensee's administration, faculty, staff and students who have access to that institution's network from either within the institution or via authenticated remote access. For Public Libraries, Authorized Users include that institution's staff, residents of the locality that funds the library, and any authorized persons who have access to the Library’s network from either within the institution’s building or via authenticated remote access.
1.2 You have a nonexclusive and nontransferable license to own and provide limited access to the Licensed Materials to Authorized Users.
If you have purchased a standard use license (one to one use), you may allow one Authorized User to access and use the Licensed Materials at one time.
If you have purchased a single site (one building), unlimited simultaneous access license, you may allow unlimited simultaneous access to such Licensed Materials for your single site Authorized Users. For Institutions or Consortiums with multiple locations, each applicable location must have its own one to unlimited license.
You may not sell, transfer, publish, disclose, display or otherwise make available the Licensed Materials beyond the limits of the license set out above. You shall use reasonable care to protect the copyrights and trade secrets of Follett, the eBook and Licensed Materials authors and publishers. Violation of this provision shall be the basis for immediate termination of this Agreement. Termination of this Agreement shall be in addition to and not in lieu of any other legal or equitable remedies available to Follett.
1.4 Follett will exercise its best efforts to host the Licensed Materials for perpetual access by you. Follett will not be responsible for technological changes, acts of God and other events outside its control that make it impossible for you to temporarily or permanently access your Licensed Materials.
The Licensed Materials and any related documentation are copyrighted by Follett, or the content providers, unless otherwise noted within the Licensed Materials, and no transfer of copyright to you or any other person is made or implied either by this license or actual use of the Licensed Materials. Title, ownership rights, and intellectual property rights in the Licensed Materials, and the software and platforms containing the Licensed Materials, shall remain in Follett, its suppliers, licensors, and the applicable content providers. Specifically, copyright in any eBook or other Licensed Materials provided hereunder remains the exclusive property of the author or its publisher of such work, as the case may be, and no transfer of copyright to any person is made or implied by this license.
Follett represents and warrants that it owns or controls all rights necessary and, has the authority to grant you access to the Follett Platform. In addition, Follett represents and warrants that it has obtained all rights necessary in and to the Licensed Materials to grant you the rights and licenses herein.
EXCEPT AS SET FORTH ABOVE, THE EBOOKS AND FOLLETT PLATFORM ARE PROVIDED ON AN "AS IS" BASIS. YOU ASSUME ALL RESPONSIBILITIES FOR SELECTION OF THE FOLLETT PLATFORM AND CONTENT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE FOLLETT PLATFORM AND THE EBOOKS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS LICENSORS (INCLUDING PUBLISHERS OF CONTENT) DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE FOLLETT PLATFORM AND THE ACCOMPANYING WRITTEN MATERIALS. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
5. LIMITATION OF LIABILITY
IN PROVIDING THE LICENSED MATERIALS, NEITHER FOLLETT NOR ANY OF THE CONTENT PROVIDERS WILL BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER FOLLETT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOLLETT’S LIABILITY UNDER THIS AGREEMENT WILL NOT, IN ANY EVENT, EXCEED THE FEES, IF ANY, PAID BY YOU TO FOLLETT FOR ACCESSING THE EBOOK(S) LICENSED BY YOU UNDER THIS AGREEMENT. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
6. GOVERNING LAW
This agreement shall be interpreted and construed according to, and governed by, the laws of the State of Illinois, United States of America.
7. ENTIRE AGREEMENT
This is a recording of the entire Agreement between the parties and supersedes all prior communications, understandings, and agreements, oral or written.
Updated on 07/03/2012