1. For purposes of this Agreement, the following definitions apply:
A. "Trial User" means libraries, library consortia, museums and other organizations that agree to certain terms and conditions in exchange for their use of the QuestionPoint Trial Site.
B. "Trial Site" means a Web-based service that connects the patron at a local library with a local reference librarian to obtain answers to reference questions.
C. "Authorized Users" are limited to reference staff of Trial User using the Trial Site in a temporary account created by OCLC.
D. "Local Knowledge Base" means a database, visible only to Trial Users, in which selected questions and answers will be retained at the local level in order to serve as a resource for participating Trial Users.
E. "Global Knowledge Base" means a database in which selected questions and answers will be retained in order to serve as a resource for participating Trial Users.
F. "Trial User Guidelines" means rules and recommended procedures for Trial Users (e.g., best practices in digital reference service, Knowledge Base editorial guidelines and collection development policy).
2. Subject to these Terms, OCLC grants the Trial User a nonexclusive, nontransferable and nonassignable right to access and use the QuestionPoint Trial Site free of charge solely for non-commercial purposes.
3. The Trial User's license in Section 2 above shall continue for the period of one month (the "Term"). During this period, the Trial User will be asked to communicate with OCLC staff on an ongoing basis to provide feedback (i.e., recommendations, suggestions, observations, concerns, and issues) regarding the QuestionPoint Trial Site, with particular attention to identification and prioritization of areas for future development.
During the Term, the Trial User shall decide whether it will continue use of QuestionPoint by ordering a paid subscription to the QuestionPoint Service and inform OCLC of its decision. (A paid subscription to the QuestionPoint Service shall require the Trial User's agreement to the QuestionPoint Service Terms.) During the Term, the Trial User's use of the QuestionPoint Trial Site shall be limited to use of the non-contributing functionality. After the duration of the Trial Term, OCLC will terminate access to the QuestionPoint Trial Site and delete or remove Trial User's data remaining in the site without liability to the Trial User or any third-party.
4. The Trial User recognizes that data posted by Authorized Users on the QuestionPoint Trial Site may be subject to third-party copyright and/or other proprietary rights, and will manage Trial User's postings of such data accordingly. The Trial User is responsible for complying with the requirements of all applicable copyright laws and other laws applicable to any proprietary material related to Trial User's use of the QuestionPoint Trial Site. In the event of a claim that any of Trial User's data violates any third-party copyright or other proprietary right, the Trial User agrees to immediately suspend End-User Access to such data pending resolution of such claim.
5. The Trial User acknowledges that the QuestionPoint Trial Site is proprietary to OCLC and that OCLC retains all proprietary and other rights, title and interests in and to the QuestionPoint Trial Site except for those rights expressly granted to the Trial User by this Agreement
6. THE QUESTIONPOINT TRIAL SITE IS PROVIDED "AS IS." OCLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIMS ALL SUCH WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, AS TO: (A) THE CONTENTS OR NONINFRINGEMENT OF CONTENT OBJECTS; OR (B) THE RESULTS OBTAINED BY USING THE QUESTIONPOINT TRIAL SITE. IN NO EVENT SHALL OCLC HAVE ANY LIABILITY FOR ANY DAMAGES OF ANY TYPE HEREUNDER, WHETHER OR NOT OCLC IS MADE AWARE OF THE POSSIBILITY THEREOF.
7. The Trial User will not assign, subcontract or otherwise transfer this Agreement. The QuestionPoint Trial Site may not be disclosed, reproduced, distributed or transmitted in any form without the prior written consent of OCLC except as expressly permitted by this Agreement. The QuestionPoint Trial Site may not be resold, transferred or used for the benefit of any third-party.
8. This Agreement constitutes the complete and exclusive statement of agreement between OCLC and the Trial User with respect to the subject matter hereof. If the Trial User breaches any of the terms of this Agreement, OCLC may terminate the licenses granted to the Trial user herein. This Agreement may not be amended except in a writing signed by both parties. Any waiver of any terms of this Agreement must be in writing and signed by the party making such waiver. The parties rights and obligations that by their definition and scope survive a termination of this Agreement, including but not limited to paragraphs 1, 3 and 4, will survive any expiration or termination of this Agreement.
If this Agreement is acceptable to the Trial User, indicate your acceptance by submitting the following information to OCLC and printing a copy of the Agreement for your records.
I accept the above Terms and Conditions for the 14-day QuestionPoint trial.