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Policies

90 Day Free Trial License Agreement

Thank you for trying our state-of-the-art AGent software for a free 90 day trial period. We are confident that you will be impressed by the power and ease of use of our full-featured software and its potential to make your library collection database(s) (herein “Databases”) even more patron centered. Your use of the AGent software during this free trial period is subject to the terms of this Free Trial License Agreement (herein “Agreement”) listed below and by clicking “I Agree” below, you agree to be legally bound by these terms. In this Agreement, the words “you” and “your” refer to you and to the library or other entity that you represent.

1. License Granted to You for the Trial Period and Information Provided by You. Auto-Graphics grants to you a limited license to access and use the AGent Software or other Software provided to you (collectively “Software”) for a ninety (90) day trial period. During the trial period, only one (1) person may access and use the Software at any one time. As part of the Agreement, you agree to provide your Databases to Auto-Graphics for hosting on Auto-Graphics’ servers. You will then be able to access your Databases through the Software. Once your Databases are provided to Auto-Graphics, other users of the Software will also be able to view your Databases through AGent.

2. Ownership of Software. You agree that Auto-Graphics owns all rights to the Software and any printed materials that accompany it. You agree not to take any action that would harm Auto-Graphics’ ownership rights.

3. Customer Support. During the trial period Auto-Graphics may agree to provide you with customer support services, installation services, or other training.

4. Termination. The trial license granted to you is effective for ninety (90) days unless terminated earlier by you or by Auto-Graphics. Either you or Auto-Graphics may terminate this Agreement at any time. Upon expiration or termination of this Agreement, you agree that you will stop any further use of the Software. With respect to your Databases or other collection data, at the end of the ninety (90) day trial period, we will continue to host your Databases on our servers so that third parties will have access to your collection information for a time period that Auto-Graphics determines. However, you will not have access to the Databases once the trial period ends.

5. Restrictions on Use of the Software. You agree that you will not copy, sublicense, sell or provide copies of the Software to anyone else. You agree that any information you provide to Auto-Graphics as part of the trial of the Software does not violate the rights of any third party and Auto-Graphics will have no responsibility or liability for any loss of the information you provide. You agree that you will not develop derivative works based on the Software or reverse engineer the functionality of the Software.

6. Indemnification. You agree to indemnify, defend and hold harmless Auto-Graphics and its parents, sister companies, subsidiaries, affiliates, service providers, distributors, licensors, representatives, officers, directors and employees from any claim or demand, including reasonable attorneys' fees, arising out of or related to any claim, demand or action, which if true, would constitute a breach or violation by you of any provision of this Agreement, or of any law, regulation or third-party right.

7. No Warranty. THE SOFTWARE, CUSTOMER SUPPORT, INSTALLATION SERVICES, AND OTHER TRAINING IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. YOU BEAR ALL RISK RELATING TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE DURING THE TRIAL PERIOD. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR DATABASES, DATA OR COMPUTER SYSTEMS THAT MAY RESULT FROM THE USE OF THE SOFTWARE OR FROM YOUR PROVISION OF SUCH INFORMATION TO AUTO-GRAPHICS.

8. Limitation of Remedies and Damages. Auto-Graphics is providing a free trial of the Software to you as a courtesy and you agree that AUTO-GRAPHICS SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU (A) FOR ANY LOSS INCURRED BY YOU DUE TO YOUR USE OF THE SOFTWARE INCLUDING LOSS OR CORRUPTION OF YOUR DATABASES OR DATA; (B) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR THE LOSS OR INACCURACY OF YOUR DATABASES OR DATA, ARISING OUT OF YOUR USE OF THE SOFTWARE; OR, (C) FOR ANY LOSS INCURRED BY YOU DUE TO ANY FAILURE BY AUTOGRAPHICS TO PROVIDE YOU USE OF THE SOFTWARE FOR ANY REASON. THESE LIABILITY LIMITATIONS SHALL APPLY EVEN IF AUTO-GRAPHICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Disputes. You agree that if there is a dispute about the Software or this Agreement, the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree that the sole jurisdiction and venue for any legal proceeding arising out of this Agreement will be the federal or state courts located in Los Angeles County, California. You agree to submit to the jurisdiction of these courts.

10. Entire Agreement/Survival. Except for any Nondisclosure Agreements between us, this Agreement contains the entire agreement between us concerning this subject matter and supersedes and replaces any other written or oral agreements or representations between us concerning this subject matter. Any modifications of this Agreement must be in writing and signed by both parties. The failure of Auto-Graphics to exercise or enforce any provision of this Agreement shall not be a waiver of such provision. If any provision of this Agreement determined to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Sections 5 through 9 of this Agreement will survive and will remain in full force and effect following termination or expiration of this Agreement for any reason.

To obtain your free ninety (90) day trial, please agree to these terms by clicking “I Agree” below. If you do not agree with these terms, click “I Don’t Agree” below and do not use the Software.

 

90 Day Trial Period Privacy Policy

During your 90 day free trial period, you will have access to the powerful AGent software platform to help make maximize the efficient use of your collection data and to help provide exposure to your collection by those who may be interested in it. During the trial period, we will collect and use information about you and your collection. This Privacy Policy provides an overview of what information we collect from you and how we use it. This Policy may change from time to time, so please check back periodically.

This privacy policy only addresses the use and disclosure of information we collect from you online during your 90 day trial period.

1. What information does Auto-Graphics collect from you?
Auto-Graphics collects two types of information about you: personally identifiable information and non-personally identifiable information. Our primary goal in collecting information from you is to provide our customers with a smooth, efficient, and customized experience while using the AGent software platform.

Personally Identifiable Information
This refers to information that lets us know the specifics of who you are. Personal information is requested when you sign up for the 90 day free trial period and may be requested at other times. For example, this information might include your name, address, telephone number, e-mail address, and other data directly tied to your collection or library name. With this information, Auto-Graphics can better provide you with personalized services.

Non-Personally Identifiable Information
This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon your use of the AGent software and our web site in several ways. This information is compiled and analyzed on both a personal and an aggregated basis. For example, this information may include the web site's Uniform Resource Locator ("URL") that you just came from, which URL you next go to, what browser you are using, and your Internet Protocol ("IP") address. A URL is the global address of documents and other resources on the World Wide Web. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol ("TCP/IP") network, such as the World Wide Web. Networks like the web use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the web, allowing web servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet, browse and interface with the AGentsoftware.

Your Library Catalog Database or Other Collection Information
Upon or after registering for the 90 day trial period, we may also collect other information about you that could contain personally identifiable information. For example, you will provide us with your collection database to be hosted on our servers. We may also collect data related to the AGent pages and services you use and other content that is sampled, clicked on, searched for, transferred from and downloaded. We may collect demographic data from our site or from third party content servers, or web site analysis agents who may provide us with the zip code and area code associated with a visitor's or user’s server, along with pages viewed and used on our site. We review the actions of the AGent users to determine users’ preferences. We may also do research on our users' demographics, interests, and pages viewed based on the information provided to us during use of the AGent software, from our server log files, from our web site analysis agents, or from the collection data that you provide to us. We will use this data to tailor the user’s experience at our site, to improve our marketing and promotional efforts, to statistically analyze site use, to improve our product offerings, and to customize the AGent software’s content, layout, and services. We may receive reports from third party content servers, or web site analysis agents that tell us what portion of AGent were used and what content was served or viewed.

2. How do we use your information and who do we share it with?
Our primary goal in collecting personal and other information is to provide our customers and users with a superior customized experience. We use your personal information to contact you to complete orders, to provide customer service to you, to contact you about your use of AGent, to provide you promotional information, to enhance the operation of our site and administer our systems. We review the actions of the AGent users to determine users’ preferences. We may also do research on our users' demographics, interests, and pages viewed based on the information provided to us during use of the AGent software, from our server log files, from our web site analysis agents, or from the collection data that you provide to us. We will use this data to tailor the user’s experience at our site, to improve our marketing and promotional efforts, to statistically analyze site use, to improve our product offerings, and to customize the AGent software’s content, layout, and services. We may receive reports from third party content servers, or web site analysis agents that tell us what portion of AGent were used and what content was served or viewed.

With respect to your library or other collection data, at the end of the 90 day trial period, we will continue to host your collection data on our servers so that third parties will have access to your collection information for a time period that Auto-Graphics determines. However, you will not have access to the information once the trial period ends.
Certain third parties who work with us such as contractors, temporary employees and consultants may have access to your personally identifiable information for the purposes of providing an improved and superior experience to our customers and users.

If you contact Auto-Graphics or our customer service representatives by telephone, e-mail or letter, we may keep a record of your correspondence or comments. If you report a problem with our site, we may collect such information in a file specific to you.

Occasionally Auto-Graphics may be asked by law enforcement or judicial authorities to provide personally identifiable or other information to the appropriate governmental authorities. We will disclose personally identifiable information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation, without prior notice to you. Auto-Graphics fully cooperates with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we believe to be unlawful.

Auto-Graphics reserves the right to disclose your personally identifiable and other information in the event that any Auto-Graphics is sold, in whole or in part, either as an entire corporate entity or through an asset sale that includes a customer information database. This right is reserved whether or not the customer database is sold independently of any continuing operations of Auto-Graphics.

3. What are your choices regarding collection, use, and distribution of your information?
You may change any of your personal information at any time by contacting us. We encourage you to promptly update your information if it changes. You may ask to have your information deleted or removed; however, because we keep track of past transactions, you cannot delete information associated with past use of AGent and cannot delete collection data that you have provided to us. Also, as a security measure we "back up" the data stored on our systems, and such prior information cannot be completely removed from our databases. As a result, you should not expect that all of your personally identifiable information will be completely removed from our backed-up databases.

4. What security precautions are in place to protect against the loss, misuse, or alteration of your information?
Within Auto-Graphics, your information is kept on password protected, limited access servers. Wherever possible and applicable, our servers reside behind a corporate firewall that maintains controls on access to the system from both our internal network and the Internet.

5. Auto-Graphics and third-party use of "cookies" and "action tags."
When you use our site or the AGent software, we will store cookies on your computer in order to facilitate and customize your use of our site. A cookie is a small data text file, which a web site stores on your computer's hard drive (if your web browser permits) that can later be retrieved to identify you to Auto-Graphics. Our cookies store randomly assigned user identification numbers to more easily identify you when you use AGent. The cookies make your use of AGent easier. You will be unable to use AGent without your browser set to accept cookies.

6. Contacting Auto-Graphics about privacy questions or concerns
If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us by sending a letter to:
Attn: Privacy Compliance Officer
Auto-Graphics, Inc.
3201 Temple Avenue
Pomona, CA 91768-3200

7. Privacy Policy changes
This privacy policy was last changed on January 16 2006. If Auto-Graphics makes changes to any terms or conditions of the privacy policy, the changes will be posted in this document so that you will always know what information we gather, how we might use that information and to whom we will disclose it. We may change, modify, add or remove portions of this policy at any time, and any changes will become effective immediately upon being posted unless we notify you otherwise.