This is an agreement between Diverse Book Finder and the User identified herein and affiliates thereof with respect to use of the Collection Analysis Tool (CAT) and purchase of CAT Reports generated from the CAT and/or associated consulting services. By signifying acceptance of the terms and conditions of this agreement, the User agrees to be bound to the terms and conditions of this agreement.
1. Purchase of CAT Report and/or Consulting Services
The User may purchase a CAT Report and/or Consulting Services for the price and in the manner as set forth herein. The Report provided by Diverse Book Finder shall be based on ISBN data supplied by User.
2. Limited Rights of use
The User is granted a non-exclusive right to view and use the CAT Report and to make copies of the CAT Report solely for use in User’s business. User shall have no right to sell, license or otherwise transfer the CAT Report or any copy thereof to others or to disclose to others the content of the report.
If any slide presentation or other materials are provided in conjunction with the Consulting Services or otherwise, the User is granted a non-exclusive right to view and use and make copies of such materials solely for use in User’s business. User shall have no right to sell,
license or otherwise transfer such materials or any copy thereof to others or to disclose to others the content of such materials.
3. Ownership and Intellectual Property
It is understood that Diverse Book Finder retains all ownership rights and all copyright and other intellectual property rights to the CAT and its contents, and no rights are conveyed or granted to User other than the limited right to use the CAT Report as set forth in this
agreement.
4. Disclaimer of Warranties.
DIVERSE BOOK FINDER HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, ORAL OR IN WRITING, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
5. Confidential Information
Neither Diverse Book Finder nor the User shall use or disclose any Confidential Information of the other except as necessary for the purposes of this Agreement. Confidential Information shall mean any non-public information that relates to the actual
or anticipated business, products and/or services of the respective parties.
Confidential Information shall not include any information which the receiving party can show: i) was publicly known or made generally available prior to the time of disclosure to the receiving party; ii) becomes publicly known or made generally available after
disclosure to the receiving party through no wrongful action of the receiving party; or iii) is in the rightful possession of the receiving party without confidentiality obligations at the time of disclosure as shown by the receiving party’s then contemporaneous written
records.
6. Governing Law
This Agreement shall be governed by the laws of the state of Maine without regard to the conflicts of law provisions of any jurisdiction.
7. Assignment
This Agreement shall not be assigned by either party without the prior written consent of the other party.
8. Entire Agreement
This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes any prior written and oral agreements, discussions, or representations between the parties.
9. Modification
No modification or amendment to this Agreement will be effective unless in a writing signed by the parties.
10. Notices
Any notice or other communication associated with this Agreement shall be in writing and shall be delivered by commercial courier service or by email addressed to the respective parties at the addresses set forth herein.
Consulting statement of work
Deliverables