As required by Macmillan, by purchasing Macmillan eBooks, you (“School”) agree to the following terms and conditions (“Terms”):
1. School shall take reasonable steps to make sure that only those individuals that meet School’s established criteria to check out physical books and eBooks are given the rights to check out Macmillan eBooks.
2. School will display required terms regarding permitted uses of Macmillan eBooks to users. School shall not authorize, enable or encourage users to use Macmillan eBooks other than as authorized by the permitted uses and within the limits set by Macmillan for each check out, nor to disable or circumvent DRM or security for Macmillan 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 Macmillan eBooks, or disabling or circumvention of DRM with respect to Macmillan eBooks), of which School becomes aware.
3. School represents that it is a single school or school district teaching on a K-12 level (kindergarten through twelfth grade in the United States or the equivalent in Canada), or part of that level, that has physical classrooms for teaching by faculty to students within the United States or Canada, and substantially all of the teaching to its students is not conducted in a virtual or online environment. School shall abide by Macmillan’s authorized term limit with respect to each purchase of a Macmillan eBook: For each Macmillan eBook that School purchases from Vendor, School shall be entitled to offer such eBook to its users for sequential check outs, for a period of twelve (12) months (the “Authorized Term”).
4. All rights in the Macmillan eBooks not specifically granted in these Terms are reserved by Macmillan.
5. School shall not authorize or enable use, display, posting, access to or or downloading of excerpts of Macmillan eBooks, except on the School’s or Vendor’s systems (including websites, apps, and platforms) 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 Macmillan’s or its affiliates’ or distributees’ names, imprint names, trademarks, service marks or logos, except on the School’s systems (including websites, apps, and platforms) solely for the purpose of identifying the publisher of Macmillan eBooks and the School’s offerings of eBooks, or in Macmillan eBooks and excerpts of Macmillan eBooks as supplied by Macmillan to Vendor.
7. School acknowledges and agrees that its agreement with Vendor is for the benefit of Vendor and Macmillan, and that Vendor and Macmillan, 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 Macmillan or Vendor may, with or without cause on three (3) business days’ notice, suspend or withdraw any or all Macmillan eBooks from distribution by School. School acknowledges and agrees that Macmillan or Vendor may, on notice effective immediately, suspend or withdraw any or all Macmillan eBooks from distribution by School, or terminate School’s right to use Macmillan eBooks if School or Vendor is not in compliance with Macmillan’s security or DRM requirements, in the event of an actual or suspected security breach, circumvention or disabling of DRM, or data security breach, or in the event that infringement of intellectual property rights in the Macmillan eBooks is the result, directly or indirectly, of distribution of Macmillan eBooks by School or Vendor; or may terminate School’s right to use the Macmillan eBooks due to a material breach these Terms by School.
8.2 Upon termination of its agreement with Vendor, or withdrawal of Macmillan eBooks from School, School will immediately: (i) cease and block all check outs, and block all access to Macmillan eBooks and parts thereof by users or anyone; (ii) remove all excerpts or parts thereof, from School’s systems (including websites, apps, and platforms), and from all advertising, marketing and promotions, and cease any other advertising or promotion featuring Macmillan eBooks; and (iii) deliver to Vendor (or at Vendor’s election, remove and delete) all digitally stored Macmillan eBooks, if any, from its storage systems and platforms. For withdrawal of any particular Macmillan eBook from distribution, School will take all the steps specified in the preceding sentence with respect to the particular Macmillan eBook; and upon suspension of all Macmillan eBooks or a particular Macmillan eBook, Vendor will immediately with respect to such suspended Macmillan eBooks(s) take all of the steps specified in the preceding sentence sub-section (i). Macmillan or Vendor 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 Macmillan eBook for which the Authorized Term has not expired, until such expiration of the Authorized Term, School may continue to authorize and enable check outs of the Macmillan eBook until the expiration of the Authorized Term.
8.4 Notwithstanding the foregoing terms in Paragraphs 8.1-8.3, Macmillan and Vendor 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 Macmillan eBooks(s) already downloaded to, or accessed on, 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 Macmillan eBooks(s) such copies shall be removed from all devices.
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