LibraryPass

USE OF SOFTWARE POLICY

Effective date: April 1, 2022

For brevity, the Use of Software Policy is sometimes referred to as the USP.  Remember that your use of LibraryPass Services is at all times subject to our Terms & Conditions, which incorporates this USP.  Any terms we use in the USP without defining them have the definitions given to them in the Terms of Service.

I. Default license terms.  To use the Services, you may be required to download software, services, or other executables (“Software”).  We may also make other Software available for you to download or use.  Such Software will be subject to the terms of the license agreement that accompanies it.  If there is no license agreement presented to you with the Software, then the following license, in addition to the other LibraryPass Terms and Policies, governs your use of such Software:

  1. We grant you a personal, non-exclusive, non-transferable, limited license to install and access the Software on any single computer, tablet or mobile device;
  2.   The Software is protected by copyright and other intellectual property laws and treaties and is owned by us or our licensors;
  3.   You may not sell or redistribute the Software;
  4.   You may not incorporate the Software or any portion of it into another product;
  5.   You may not reverse engineer, decompile, or disassemble the Software or otherwise attempt to derive the source code (except where expressly permitted by law, and then solely as permitted);
  6.   You may not modify, adapt, or create derivative works from the Software in any way or remove proprietary notices in the Software;
  7.   You agree to abide by all laws and regulations in effect regarding your use of the Software;
  8.   You may not authorize, assist, or post information calculated to enable any third party to do any of the things prohibited in this Section I.

II. Additional Terms and Conditions.  The Service or Software may require agreement with additional terms and conditions, i.e., Third-Party Software (“Additional Terms and Conditions”).  Such Additional Terms and Conditions are hereby incorporated by reference into this Agreement unless otherwise noted.  In the event of a conflict between such Additional Terms and Conditions and this Agreement, the Additional Terms and Conditions shall govern.

III.    Automatic updates; risks of premature shutdown.  We may automatically check your version of the Software, update it to improve its performance and capabilities, or protect it from unauthorized use. You understand that if you shut down the Software during an automatic update or otherwise interfere with the installation of the update, the Software may be damaged and/or cease to operate, and this may affect other software you have.

IV. The Software is a commercial item.  The Software is a “commercial item,” as that term is defined in 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).

V. Applicable only if you import and/or export the Software: You agree to fully comply with all import and export laws, regulations, rules and orders of the United States, or any foreign government agency or authority, and that you will not directly or indirectly export, re-export, transfer and/or release the Software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government. You bear responsibility for and assume all expenses relating to your compliance with the described laws, regulations, rules and orders, and for obtaining all necessary authorizations and clearances.

VI. Applicable only to employees, agents and end-users of the US Government:  Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the Software with only those rights as set forth herein