|
File:San Leandro Public Library GC#300521
<br /> Exhibit A-DEFINITIONS rights in, and may, in connection with the performance of obligations
<br /> "Circulation" means any transaction involving any one of the hereunder, create, employ, provide, modify, create, acquire or
<br /> following using either physical or electronic means: the checkout of a otherwise obtain rights in.
<br /> Library Item to a patron,the checkout of a Library Item for the purpose "License Metrics" means the limitation on the usage of each of the
<br /> of tracking in-library usage,the renewal of a Library Item, or an action Product as designated in the applicable Quote such as Titles,
<br /> functionally identical to any of the preceding acts. Circulation, Users,students,seats,and reports.
<br /> "Confidential Information"means information of SirsiDynix and/or its "Maintenance"means the technical support and provision of Updates
<br /> licensors includes but is not limited to the terms and conditions(but not for the level of support services purchased from SirsiDynix,all of which
<br /> the existence) of the Master Agreement, all trade secrets, software, are provided under SirsiDynix's support policies in effect at the time the
<br /> source code, object code, specifications, as well as results of testing Services are provided, which may be modified from time-to-time by
<br /> and benchmarking of the Software or other services, product roadmap, SirsiDynix in its sole discretion. A current version of such Support
<br /> data and other information of SirsiDynix and its licensors relating to or Policies can be found under"SirsiDynix Support Policies" (Document
<br /> embodied in the Software or Documentation, including but not limited ID 93471)at http://support.sirsidynix.com.
<br /> to information designated as confidential in writing or information which "Operating Environment" means SirsiDynix-recommended
<br /> ought to be in good faith considered confidential and proprietary to the hardware,operating system,middleware,database products and other
<br /> disclosing party. SirsiDynix's placement of a copyright notice on any software on which the Software will operate.
<br /> portion of any Software will not be construed to mean that such portion "Products"means Software,Subscriptions,Services and Hardware.
<br /> has been published and will not derogate from any claim that such
<br /> portion contains proprietary and confidential information of SirsiDynix. "Protected Materials" means Software, Services, Subscriptions or
<br /> Confidential Information does not include that the Customer uses SirsiDynix's or its licensors' Intellectual Property or Confidential
<br /> SirsiDynix Products. Information.
<br /> "Content"means any information,data,text,software,music,sound, "Quote" means the Quote in the Included Documents and/or future
<br /> photographs, graphics, video messages or other material which Quotes or similar document executed by the Customer,which contains
<br /> Customer receives through a Subscription. Customer's order specific information, including but not limited to
<br /> "Customer Data" means any electronic data, information or material description of the Products ordered, License Metrics and associated
<br /> provided or submitted by Customer(including the Customer's patrons fees and payment terms.
<br /> and users)to SirsiDynix through a Subscription or Services, or which "Services" means those services provided or arranged by SirsiDynix
<br /> Customer(including the Customer's patrons and users)enters into the including but not limited to specific SirsiDynix Products such as (i)
<br /> Subscription or Services or has entered on its behalf, or which Professional Services;(ii)Maintenance,and(iii)Platinum Services.
<br /> SirsiDynix is otherwise given access to under the Master Agreement. 'SirsiDynix Software" means each SirsiDynix-developed and/or
<br /> Customer Data does not include non-personally identifiable information SirsiDynix-owned software product in machine-readable object code
<br /> aggregated by SirsiDynix. (not source code), the Documentation for such product, and any
<br /> "Documentation" means the user instructions, release notes, Updates thereto.
<br /> manuals and on-line help files made available by SirsiDynix regarding "Software"means the SirsiDynix Software and Third Party Software.
<br /> the use of the applicable Product. "Subscriptions" means any product sold on a subscription basis
<br /> "Effective Date" of this agreement shall be the date of the last including but not limited to cloud services and web access to Content.
<br /> signature below. Notwithstanding the above,the Effective Date for any "Term"means,with respect to specific Products, the time period for
<br /> specific Product purchased shall be the date on which the Customer which the Customer has committed to such Products as set forth in the
<br /> signs the Quote for such Product. Quote.With respect to the term of the Master Agreement,"Term"has
<br /> "Error" means a material failure of the Product to conform to its the meaning set forth in Section 9.1.
<br /> functional specifications described in the Documentation or elsewhere. "Titles"means the number of unique records for an electronic,virtual,
<br /> "EULA"means the end user license agreement that accompanies the and/or physical item which may be used by a library patron, such as a
<br /> Third Party Software,which governs the use of or access by Customer bibliographic, MARC, visual material, serial or Dublin Core record,
<br /> to the applicable Third Party Software. created on the Software or Subscription. Multiple items, representing
<br /> "Go Live Date" means the date on which the Products are either identical items or volumes in a set, may be included in a single
<br /> substantially ready for operational use for normal daily business. Title.
<br /> "Included Documents"means those documents in Section 1.2. `Third Party Software"means software including documentation and
<br /> updates, owned by an entity other than SirsiDynix which are to be
<br /> "Hardware" means the physical hardware and equipment provided to Customer by SirsiDynix pursuant to the terms of the EULA.
<br /> manufactured by third party providers and sold to Customers by "Updates" means the error corrections, releases, updates,
<br /> SirsiDynix. modifications or enhancements subsequently developed that
<br /> "Intellectual Property" means any and all intellectual property rights, SirsiDynix makes generally available to its customers as part of
<br /> recognized in any country or jurisdiction in the world, now or hereafter Maintenance on a when and if available basis. Updates exclude new
<br /> existing, and whether or not perfected, filed or recorded, including products for which SirsiDynix charges a separate fee.
<br /> without limitation inventions, technology, patents rights (including
<br /> "Users"means Customer's employees or agents who have been
<br /> patent applications and disclosures), copyrights, trade secrets, issued user names and passwords by Customer to use the Products.
<br /> trademarks, service marks, trade dress, methodologies, procedures, Each such User shall be one person,and user names and passwords
<br /> processes, know-how, tools, utilities, techniques, various concepts, cannot be shared or used by more than one person.
<br /> ideas,methods,models,templates,software,source code,algorithms,
<br /> the generalized features of the structure,sequence and organization of
<br /> software, user interfaces and screen designs, general purpose
<br /> consulting and software tools, utilities and routines, and logic,
<br /> coherence and methods of operation of systems,training methodology
<br /> and materials,which SirsiDynix has created,acquired or otherwise has
<br /> Customer Initial and Date: C ` ( - / 5 Confidential
<br /> SirstDyntx
<br /> Page 6 of 6
<br />
|