June 2012 Research Library Issues: A QuarterlLy Report from ARL, CNI, and SPARC RLI 279 13 Model Digitization Agreement agement systems. Alternatively, the Publisher can offer users the option of reading and working anony- mously. 5. The Library’s Use of the Digital Copies Following receipt of the Digital Copies from the Publisher, the Library may use the Digital Copies in any manner that it deems appropriate, consistent with applicable law. Among other things, the Library may, without limitation: (i) permit any users of the Library’s services to access, search, download, print, and otherwise use the Digital Copies and (ii) provide copies of the Digital Copies to other libraries and nonprofit institutions, including digital archiving repositories, and permit such entities to similarly use the Digital Copies. The Parties may specify in Appendix A any conditions or limits on the use of the Digital Copies by the Library. 6. Representations and Warranties (a) THE LIBRARY IS MAKING THE WORKS AVAILABLE TO PUBLISHER “AS IS,” AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY TYPE WHATSOEVER, INCLUDING ANY WAR- RANTY THAT THE USE, SCANNING, OR DIGITIZATION OF THE WORKS WILL NOT INFRINGE UPON THE RIGHTS OF ANY THIRD PARTY. (b) Publisher shall be solely responsible for copyright infringement, invasion of privacy, or other legal liability arising from the Publisher’s use of the Works and Digital Copies. (c) Publisher shall be solely responsible for its arrangements with its customers and any other third party to whom it makes available any part of the Digital Copies, including for any claims, damages, injuries, and losses of any type whatsoever that such parties may assert as a result of Publisher’s inclu- sion of Digital Copies in any content provided by Publisher to third parties or any use made by such third parties of Digital Copies or the Works. (d) Each Party shall notify the other promptly if the Party has reason to believe that an infringement claim has occurred or is likely to occur with respect to any of the Digital Copies. The Parties are not, under this Agreement, required to utilize the “notice and takedown” provisions of Section 512 of the U.S. Copyright Act or similar provisions of the laws of any other countries. However, each Party shall notify the other promptly upon receipt of any such “takedown notice” with respect to any of the Digital Copies. (e) The Library’s decision to deliver any of the Works, or to otherwise permit the Publisher to copy any of the Works, shall not be construed as legal advice or as a legal opinion. (f) Each Party represents and warrants that it has the full authority to enter into this Agreement and to perform all of its obligations and responsibilities herein. 7. Indemnity (a) Publisher will indemnify, hold harmless and defend the Library, its Trustees, officers, faculty, stu- dents, agents, and employees against any and all damages, suits, claims, liabilities, judgments, costs and expenses arising out of or relating to (i) any personal or bodily injury (including death) or property damage caused by Publisher’s negligent, unlawful, or willful acts or omissions or breach of this Agree- ment (ii) any infringement or misappropriation of any third party intellectual property or proprietary rights (including, without limitation, trademark, trade secret, copyright or patent) in connection with
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