OCLC Digby End User License Agreement ("EULA")
Last updated: 14 July 2017
Please read this End User License Agreement ("EULA") carefully before using the Digby™ by OCLC mobile application (the "Service" or the “App”), provided by OCLC, Inc. ("us", "we", or "our").
The use of the Service is governed by this EULA. This EULA applies to all users who access or use the Service. By accessing or using the Service, you agree to be bound by the EULA. If you disagree with any part of the EULA, you may not access the Service.
- Your use of the App
You must comply with this EULA as it applies to your use of the Service. Any violation of this EULA may result in the termination of your access to the to the Service pursuant to Section 9. You may only use the Service as part of your duties to an institution’s library management in connection with its subscriptions to OCLC’s WorldShare Management Services®.
You must not send the App to anyone else or copy or modify any part of it in any way. You must not attempt to extract any source code from the App, disassemble it or make any derivative versions, or attempt to interrupt or decipher transmissions between the App and related systems.
You must not use the App for any of the following purposes:
- anything unlawful or illegal or which is fraudulent or malicious or which promotes any criminal activity or provides information about the same;
- anything which is defamatory, harassing or threatening or which otherwise infringes or violates the rights of others;
- interfering in any way with any other user of the Service; and/or
- knowingly introducing viruses or other malicious or harmful material.
You must not use the App in a way that may damage or impair the App, the Service or our underlying systems and security.
The Service provides library management services, and potentially includes sensitive personal information regarding the circulation of library material. You must keep your device secure and properly close the App after each use.
- Warranties, Limits of Liability and Indemnity
While we will endeavor to ensure that the App is normally available 24 hours a day, OCLC shall not be liable if for any reason the App is not available at any time or for any period. Access to the App may be suspended temporarily from time to time and without notice in the case of system failure, maintenance or repair or for any reason beyond our control or if we deem it necessary. For the avoidance of doubt, we shall not be liable for any loss or liability which may be suffered or incurred by you as a result of any suspension of, or interruption to, the operation of the App.
The App, including all content on or available through the App, is provided on an ‘as is’ basis and we do not make any representation or give any warranty in respect of the App or any of its content. In particular, but without limitation, we do not give any warranty as to the accuracy, suitability, reliability, completeness, performance, fitness, freedom from viruses or timeliness of the content contained on the App.
We do not accept any responsibility to you for:
- malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness the material you access via the App;
- any losses or delays in transmission of messages or material you access arising out of the use of any Internet access service provider or mobile network service provider or caused by any browser or other software which is not under our control;
- viruses that may infect your computer equipment or other property on account of your access to or use of the App or your accessing any materials on the App;
- any unauthorized use or interception of any message or information before it reaches the App or our servers from the App;
- any unauthorized use of or access to data relating to you or your transactions which is held by us (unless such use or access is caused by our negligence, fraud or failure to comply with laws relating to the protection of your data), to the extent permitted by local law;
- any content provided by third parties.
There are provisions on liability in the Service T&Cs that also apply in connection with these App T&Cs and your use of the App.
OCLC shall not be liable to you for any amount or kind of loss or damage that may result to you or a third party, including without limitation, any direct, indirect, punitive, or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort, contract or otherwise, except solely as specifically provided for by law, in any way or in connection with:
- the App and your use, delay in use, or inability to use the App; if it does not work as you expect, or if it contains any defects or errors and whether or not we correct any of those defects or errors;
- your access to and use of any material on the App or material linked to or referred to on the App; and/or
- any loss or damage to your device or any other hardware or software you use in connection with the App, including in connection with any viruses that may affect the same on account of your downloading and use of the App.
You acknowledge that use of the App is dependent on third parties, including your own network providers, and that we are not liable for any acts or omissions of those third parties.
You shall indemnify us (and you shall keep us indemnified) and hold us and our directors, employees, agents and representatives harmless against any claim, loss, expense, liability or damages suffered by us resulting from your breach of this EULA.
You may be charged by your service provider for downloading and/or accessing the App on your mobile phone, tablet or other handheld device. These may include data roaming charges if you do this outside your home territory. All data charges are solely your responsibility. If you do not pay the bills for your device, we assume that you have the permission from the person that does before incurring any of these charges. There are no fees for the use of the App.
- Intellectual property rights
The App, and all copyright, trademarks, patents and any other intellectual property rights related to it, belong to OCLC. Certain data exchange
- Use of your personal information
- Minimum system requirements
The App will only work on compatible Devices and operating systems and certain functionality will only work if your Device is connected to the internet. Some features may also only be available with certain operating systems.
We reserve the right, at our sole discretion, to modify or replace this EULA at any time. By continuing to use the Service, you accept the changes to the EULA.
- Law and jurisdiction
This EULA, and any dispute or claim arising out of or in connection with it (including any non-contractual disputes or claims will be governed by the law of the State of Ohio; the parties agree that the courts of Franklin County, Ohio will have exclusive jurisdiction to hear any such disputes or claims.
- Termination and suspension
We may terminate or suspend your use of the Service with or without notice at any time and without any liability to you. Upon any termination, your right to access the Service, and any other rights or permissions granted to you in this EULA will end, and you must stop using the App and delete it from your device.
If you have any questions about this EULA, please contact us: [email protected].