Follett VERSION 6.00 - Manual (Page 4)

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5. New Versions. When you install a new version of the Product accompanied by a new
license, provided your license fee entitles you to the new version, your use of the new
version constitutes your acceptance of the new license and the termination of your
license to use any previous version of the Product.
6. Termination for Breach. If you breach any material terms of this Agreement or fail to
pay license fees as they become due, Follett Software Company may immediately
terminate your license to use the Product, including by disabling any online access, in
addition to taking any other legal remedies available to it. Upon termination of your
license, you must either return any copies of the Product and any data taken from the
Product, including any MARC records, to Follett Software Company or destroy the
copies and data and certify in writing that you have done so.
7. Third Party Web Sites. The Product may provide you and your patrons with links to
third party Web sites. You acknowledge that Follett Software Company does not
endorse or maintain control over and will not be liable for the content, advertising, or
other materials contained on such third party sites. Your use and your patrons' use
of the content, goods, or services on any third party site will be governed by the
terms on that site, if any. You will be responsible for understanding and complying
with third party sites' terms of use and instructing your patrons and employees on
the same.
8. Third Party Subscription Databases. The Product may enable you and your patrons
to search all of your sites' third party subscription databases simultaneously. Because
access to many of these databases is strictly regulated under the terms of the license
agreements between you and the third party database owners, you agree that it is
your obligation to ensure against the unauthorized access of such third party-owned
subscription databases. If the Product provides access to password protected
content, you agree to password protect such access at your library's server level to
ensure that only your patrons can use the Product, and to protect against the
unauthorized use of third party-owned content, such as subscription databases.
9. Student Privacy. As part of your subscription, you may be able to allow your patrons
to set up their own individual login accounts. If you do so, you agree that you are
solely responsible for complying with all applicable state and federal laws regarding
student privacy, including the federal Family Education and Privacy Act (FERPA).
Follett warrants that it will not use any information you provide from students'
accounts for any purpose other than servicing your subscription, and that it will not
disclose such information to any third party unless required by law. FOLLETT
SOFTWARE COMPANY DOES NOT KNOWINGLY COLLECT ANY PERSONALLY
IDENTIFYING INFORMATION ABOUT CHILDREN UNDER THE AGE OF 13
THROUGH THE PRODUCTS. However, Follett cannot make that claim on behalf of
third party sites found through the Product. You therefore agree to inform and
educate patrons under the age of 13 that they should not provide any personally
identifying information on any third party sites without the involvement and
verifiable consent of their parents.
10. Limited Warranty. Follett Software Company warrants that for a period of 1 year
from its delivery to your site or access, in the case of online subscriptions, the Product
will perform in substantial compliance with its specifications and be free of material
defects. As your sole and exclusive remedy for this warranty, Follett Software
Company will either repair the Product or refund your prorated license fee, provided
you report to Follett Software Company in writing the material defect or
noncompliance within the 1 year warranty period. This limited warranty does not
cover any material defect resulting from any accident, abuse, or misapplication of the
Product caused by you, your employees, end users, agents, or contractors, or any
modification you, your employees, end users, agents, or contractors make to the