Pan Macmillan Library Lending Terms

Pan Macmillan Library Lending Terms

As required by Pan Macmillan, by purchasing Pan Macmillan eBooks and/or audiobooks (“Pan Macmillan Content”), you (“Library”) agree to the following terms and conditions (“Terms”):

1.  Library shall take reasonable steps to make sure that only those patrons that meet Library’s established criteria to check out physical books and digital content are given the rights to check out Pan Macmillan Content.

2. The Library will display required terms regarding permitted uses of Pan Macmillan Content to patrons.  Library shall not authorise, enable or encourage patrons to use Pan Macmillan Content other than as authorised by the permitted uses and within the limits set by Pan Macmillan for each check out, nor to disable or circumvent DRM or security for Pan Macmillan Content.   Library will immediately notify Vendor of any breach or suspected breach of security (including without limitation any unauthorised use, disclosure or acquisition of or access to Pan Macmillan Content, or disabling or circumvention of DRM with respect to Pan Macmillan Content, of which Library becomes aware.

3. Library shall not re-sell, e-mail, post, upload, print, or burn to a disk Pan Macmillan Content, or, except as part of an authorised check out hereunder, redistribute, share, lend, or make accessible Pan Macmillan Content.    Library shall not disable or circumvent DRM or security applied to the Pan Macmillan Content.  Library shall not authorise or enable use of purchased Pan Macmillan Content by patrons of another member library in a library consortium (including consortia to which Library is a member).  Library shall abide by Pan Macmillan’s check out limits with respect to each check out and sale of a Pan Macmillan eBook:  For each Pan Macmillan eBook Library purchases from Vendor, Library shall be entitled to offer such eBook to its patrons for sequential check outs, up to a maximum of fifty-two (52) checkouts, or for a period of twenty-four (24) months, whichever comes first.  For the avoidance of doubt, the twenty-four (24) month time period and fifty-two (52) checkout maximum shall not apply to Pan Macmillan audiobooks.

4. All rights in the Pan Macmillan Content not specifically granted in these Terms are reserved by Pan Macmillan, and Library will not use or authorise the use of the Pan Macmillan Content, or any copies made from them, and will not distribute or make Pan Macmillan Content available other than as expressly authorised in these Terms via a check out to a valid patron.

5.  Library shall not authorise or enable use, display, posting or downloading of excerpts of Pan Macmillan Content, except on the Library’s website and apps, and solely for the purpose of describing Library’s Pan Macmillan Content offerings to patrons and to enable patrons to browse and search for Pan Macmillan Content to check out.

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

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

8.1   Library acknowledges and agrees that Vendor or Pan Macmillan may, with or without cause on three (3) business days’ notice, suspend or withdraw any or all Pan Macmillan Content from distribution by Library.   Library acknowledges and agrees that Vendor or Pan Macmillan may, on notice effective immediately:  (a) withdraw any or all Pan Macmillan Content from distribution by Library if  Pan Macmillan (i) determines that it does not have, or ceases to have, the right to distribute the Pan Macmillan Content in all or any portion of the Library’s service area, (ii) becomes aware of a claim that the Pan Macmillan Content infringes or violates any legal right of any person or entity, or (iii) concludes that the Pan Macmillan Content or any portion thereof poses a risk of legal action or liability; (b) suspend or withdraw any or all Pan Macmillan Content from distribution by Library, or terminate Library’s right to use Pan Macmillan Content if Library or Vendor is not in compliance with Pan Macmillan’s security or DRM requirements, in the event of an actual or suspected security breach,  circumvention or disabling of DRM, user information breach or data security breach or in the event that infringement of intellectual property rights in the Pan Macmillan Content is the result, directly or indirectly, of distribution of Pan Macmillan Content by Library or Vendor; or (c) terminate Library’s right to use the Pan Macmillan Content due to a material breach these Terms by Library or a material breach by Vendor of its agreement with Pan Macmillan.

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

8.3  Notwithstanding the prior Paragraph 8.2, unless Vendor or Pan Macmillan did (and subject to Vendor or Pan Macmillan’s continuing right to) suspend, withdraw and/or terminate pursuant to the terms of the second sentence of Paragraph 8.1 (a)-(c) above, to the extent the suspension, withdrawal or termination affects any sale of a Pan Macmillan eBook for which the twenty-four (24) month sale period for authorised check outs has not expired, until such expiration, Library may continue to authorise and enable check outs of the Pan Macmillan eBook with respect to that sale, and all of the Library’s, Vendor’s and Pan Macmillan’s rights and obligations, and all of the terms, of Library’s agreement with Vendor with respect to that sale of the Pan Macmillan eBook shall continue in effect post-suspension, post-withdrawal or post-termination, as applicable.  Upon such time as the twenty-four (24) month sale period for the Pan Macmillan eBook has expired with respect to all sales post-termination, Library will promptly take steps (i)-(iii) specified in Paragraph 8.2.  Notwithstanding the prior Paragraph 8.2, unless Vendor or Pan Macmillan did (and subject to Vendor or Pan Macmillan’s continuing right to) suspend, withdraw and/or terminate pursuant to the terms of the second sentence of Paragraph 8.1 (a)-(c) above, to the extent the suspension, withdrawal or termination affects any sale of a Pan Macmillan audiobook, Library may continue to authorise and enable Check Outs of the Pan Macmillan audiobook with respect to that sale, and all of the Library’s, Vendor’s, and Pan Macmillan’s rights and obligations, and all of the terms, of Library’s agreement with Vendor with respect to that sale of the Pan Macmillan audiobook 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 Pan Macmillan acknowledge and agree that Library shall have no ability or obligation to remove from patrons’ personal electronic reading devices (or those hand-held electronic reading devices on loan from Library or Vendor to a patron) any copies of Pan Macmillan Content already downloaded to that device as part of a check out authorised hereunder, before Library 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 patrons’ return of Pan Macmillan Content such copies shall be removed from all devices