Macmillan Higher Education School Lending Terms

Macmillan Higher Education School Lending Terms

As required by Macmillan Higher Education (“MHE”), by purchasing MHE eBooks, you (“School”) agree to the following terms and conditions (“Terms”):

1. School shall take reasonable steps to make sure that only those students, faculty, and staff who meet Library’s established criteria are given the rights to check out MHE eBooks.

2. The School will display required terms regarding permitted uses of MHE eBooks to users.

3 .School shall not authorize, enable or encourage users to use MHE eBooks other than as authorized by the permitted uses and within the limits set by MHE for each check out, nor to disable or circumvent DRM or security for MHE eBooks.   School will immediately notify Vendor of any breach or suspected breach of security (including without limitation any unauthorized use, disclosure or acquisition of or access to MHE eBooks, or disabling or circumvention of DRM) with respect to MHE eBooks, of which School becomes aware.

4. All rights in the MHE eBooks not specifically granted in these Terms are reserved by MHE, and School will not use or authorize the use of the MHE eBooks, or any copies made from them, and will not distribute or make MHE eBooks available other than as expressly authorized in these Terms via a check out to a valid user.

5. School shall not authorize or enable use, display, posting or downloading of excerpts of MHE eBooks, except on the School’s website and apps, and solely for the purpose of describing School’s eBook offerings to users and to enable users to browse and search for eBooks to check out.

6. School shall not use or display MHE’s or its affiliates’ or distributees’ names, imprint names, trademarks, service marks or logos, except on the School’s website and apps and solely for the purpose of identifying the publisher of MHE eBooks and the School’s offerings of eBooks, or in MHE eBooks and excerpts of MHE eBooks as supplied by MHE to Vendor.

7. School acknowledges and agrees that its agreement with Vendor is for the benefit of Vendor and MHE, and that Vendor and MHE, jointly or severally, may avail themselves of any remedies available in such agreement or by law if School breaches these Terms.

8.1   School acknowledges and agrees that Vendor or MHE may, with or without cause on three (3) business days’ notice, suspend or withdraw any or all MHE eBooks from distribution by School.   School acknowledges and agrees that Vendor or MHE may, on notice effective immediately withdraw any or all MHE eBooks from distribution by School if  MHE  determines that School or Vendor is not in compliance with MHE’s security or DRM requirements, in the event of an actual or suspected security breach,  circumvention or disabling of DRM, data security breach or in the event that infringement of intellectual property rights in the MHE eBooks is the result, directly or indirectly, of distribution of MHE eBooks by School or Vendor, or may terminate School’s right to use the MHE eBooks due to a material breach these Terms by School or a material breach by Vendor of its agreement with MHE.

8.2  Upon termination of its agreement with Vendor, or withdrawal of MHE eBooks from School, School will immediately:   (i) cease and block all check outs, and block all access to MHE eBooks and parts thereof by users or anyone; (ii) remove all excerpts or parts thereof, from School’s website and apps and from all advertising, marketing and promotions, and cease any other advertising or promotion featuring MHE eBooks; and (iii) deliver to Vendor (or at Vendor’s election, remove and delete) all digitally stored MHE eBooks, if any, from its storage systems.  For withdrawal of any particular MHE eBook from distribution, School will take all the steps specified in the preceding sentence with respect to the particular MHE eBook; and upon suspension of all MHE eBooks or a particular MHE eBook, Vendor will immediately with respect to such suspended MHE eBooks(s) take all of the steps specified in the preceding sentence sub-section (i).  Vendor or MHE may end a suspension by notice to School.

8.3  Notwithstanding the prior Paragraph 8.2, to the extent the suspension, withdrawal or termination affects any sale for which the access period for authorized check outs has not expired, until such expiration, School may continue to authorize and enable check outs with respect to that sale, and all of the School’s, Vendor’s and MHE’s rights and obligations, and all of the terms, of School’s agreement with Vendor with respect to that sale shall continue in effect post-suspension, post-withdrawal or post-termination, as applicable.

8.4   Notwithstanding the foregoing terms in Paragraphs 8.1-8.3, Vendor and MHE acknowledge and agree that School shall have no ability or obligation to remove from users’ personal electronic reading devices (or those hand-held electronic reading devices on loan from School or Vendor to a user) any copies of MHE eBooks(s) already downloaded to that device as part of a check out authorized hereunder, before School received written notice of a suspension, withdrawal or termination, until expiration of the check-out period; upon the earlier of the expiration of the check-out period or users’ return of MHEMHE eBooks(s) such copies shall be removed from all devices.