Pan Macmillan School Lending Terms

As required by Pan Macmillan, by purchasing Pan 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 Pan Macmillan eBooks.

2. School shall not authorize, enable or encourage users to use Pan Macmillan eBooks other than as authorized 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 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 Pan Macmillan eBooks, or disabling or circumvention of DRM with respect to Pan Macmillan eBooks), of which School becomes aware.

3. School shall abide by Pan Macmillan’s authorized term limit with respect to each purchase of a Pan Macmillan eBook: For each Pan 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 twenty-four (24) months (the “Authorized Term”).

4. All rights in the Pan Macmillan eBooks not specifically granted in these Terms are reserved by Pan Macmillan.

5. School shall not authorize or enable use, display, posting, access to or or downloading of excerpts of Pan 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 Pan 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 Pan Macmillan eBooks and the School’s offerings of eBooks, or in Pan Macmillan eBooks and excerpts of Pan Macmillan eBooks as supplied by Pan Macmillan to Vendor.

7. School acknowledges and agrees that its agreement with Vendor does not affect any rights that Pan Macmillan may have against the School under applicable law in relation to its intellectual property and/or other rights in any Pan Macmillan eBook.

8. School acknowledges and agrees that Pan Macmillan or Vendor may, on notice effective immediately:
(a) withdraw any or all Pan Macmillan eBooks from distribution by School if Pan Macmillan:
(i) determines that it does not have, or ceases to have, the right to distribute the Pan Macmillan eBook in all or any portion of the territory,
(ii) becomes aware of a claim that the work infringes or violates any legal right of any person or entity, or
(iii) concludes that the work or any portion thereof poses a risk of legal action or liability;
(b) suspend or withdraw any or all Pan Macmillan eBooks from distribution by School, or terminate School’s right to use Pan Macmillan eBooks if School 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, or data security breach, or in the event that infringement of intellectual property rights in the Pan Macmillan eBooks is the result, directly or indirectly, of distribution of Pan Macmillan eBooks by School or Vendor;

9. Notwithstanding the foregoing terms in Paragraph 8, Pan 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 Pan Macmillan eBooks(s) already downloaded to, or accessed on, that device as part of a check out authorized hereunder.

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