The Sunnyvale Public Library and the Board of Library Trustees welcome all visitors to the Library. To ensure that all Library users have a safe and pleasant experience, all visitors are expected to comply with the following Code of Conduct.

Respect the right of everyone in the Library to enjoy a pleasant environment and all library resources without disruption.

• Follow all Library rules, policies, procedures and requests of staff.
• Act courteously, respectfully and appropriately towards others; refrain from any behavior that is disruptive, threatening, abusive, or prevents others from timely enjoyment of library resources or services.
• Keep voices at low levels; refrain from talking in areas of the Library that have been designated as Quiet Areas. Noise from electronics or other sources that disturbs others is not allowed.
• Avoid conduct that is physically, verbally or visually harassing or threatening; actions such as unwanted or inappropriate touching or staring, exposing other members of the public to inappropriate sexual actions or images or verbal threats are examples of inappropriate conduct.
• Creating or emitting strong, pervasive odors, including excessive odors caused by perfume, cologne that causes a nuisance and unreasonably interferes with other patrons' enjoyment of the Library are not permitted.
• Smoking, including the use of electronic or vapor cigarettes, and/or being under the influence of alcohol or illegal drugs is not permitted inside the Library or on Library premises.
• Be fully clothed, including shoes.

Keep your Library a safe place.

• Secure/monitor your own property. The Library is not responsible for loss or theft.
• Provide direct Adult supervision of children less than 8 years of age anywhere inside the Library and on Library premises.
• Keep Library entrances, aisles, stairs, doorways, and other passageways clear. Oversized items and/or an excessive number of personal items are not permitted inside the Library.
• Refrain from running, jumping, throwing objects and similar activities that could cause injury to you or to others.
• Firearms, weapons, fireworks, or other dangerous substances are not permitted.
• Riding bicycles, skateboards, scooters, roller skates, hover boards and similar devices (other than strollers or wheeled devices required because of a disability) inside the Library is not permitted unless they can be carried and stowed away from the public right of way.

Treat your Library appropriately and with respect.

• Use the Library facility, equipment, and furnishings as intended. Bathing, washing clothes, or placing feet or footwear on furniture are examples of inappropriate uses of the Library.
• Food is not allowed in the Library. Covered beverages are allowed, except near electronic equipment.
• The Library welcomes service animals; all other animals must remain outside.
• Defacing, damaging, or destroying Library property, equipment or facilities is not permitted.
• Personally monopolizing Library resources, including computers, tables, seating and other equipment to the exclusion of others is not permitted.
• The Library is a place for learning; selling, soliciting, surveying, canvassing or similar activities that intrude on other patrons' use of the Library are prohibited without written permission of the Director of Library and Community Services.
• Sleeping is permitted in the Library provided you are not disturbing others, preventing others from utilizing library equipment, or creating a safety hazard.

Patrons should immediately report to Library staff any behavior that is inconsistent with this policy. Staff will enforce violations of the Patron Code of Conduct as described in Library Policy A-12. Enforcement of the Patron Code of Conduct or other Library Policies.

Approved January 25, 2022

The Sunnyvale Public Library welcomes and encourages youth to use library services, materials, and spaces. The Library is a public facility open to everyone, and parents and caregivers are expected to accompany and supervise children under the age of eight at all times. Library staff cannot act in "loco parentis" (in place of parents). Parents and caregivers are responsible for their child's safety and well-being at all times.

If an unattended child appears to be lost, is being disruptive, or in the judgment of supervisory staff, is jeopardizing his or her own safety, Library staff will attempt to locate the parent or caregiver. If the parent or caregiver cannot be located, the child may be placed in the care of the Department of Public Safety.

Library staff will not, under any circumstances, be responsible for determining whether a caregiver, custodian, or parent is a legally authorized caregiver, custodian or custodial parent of the child. Parents, guardians, and caregivers acknowledge the risk of leaving a child unattended in the Library and release the City from all claims which they may have on behalf of the child.

Approved April 1, 2020

Mission Statement

The mission of the Department of Library and Recreation Services is to inspire a healthy community by fostering lifelong learning and play through progressive services and programs for all.

To meet this mission, the Sunnyvale Public Library provides a wide range of materials that will appeal to all ages, backgrounds and educational levels.

Purpose of the Collection Development Policy

This formal policy serves five vital purposes:

• Acts as a blueprint for our collection, guiding staff in decision-making regarding the selection, management, and preservation of the collection.
• Identifies responsibilities for developing collections.
• Establishes parameters and priorities, guiding staff in developing budgets and allocating resources.
• Informs the public of the principles guiding our collection development.
• States the Library’s commitment to intellectual freedom and to providing information expressing a variety of viewpoints.

Intellectual Freedom

As a public institution committed to the principles of intellectual freedom, the Library supports each patron’s fundamental right of access to all expressions of knowledge, creativity and intellectual activity and recognizes its obligation to provide as wide a spectrum of materials as possible. The Library believes that the use of library materials is an individual and private matter. All customers are free to select or reject materials for themselves; they may not restrict the freedom of others to read or inquire. Parents have the primary responsibility to guide and direct the use of library materials by their own minor children. Responsibility for what minors read rests with their parents or legal guardians. Selection of adult material is not restricted by the possibility that these materials may come into the possession of minors. Library staff do not act in loco parentis.

On April 8, 2003, the Sunnyvale City Council and Board of Library Trustees, on behalf of the Library and the community, adopted and declared support for the following:

• American Library Association Library Bill of Rights
• American Library Association Freedom to Read Statement

Collection Description

The Sunnyvale Public Library provides a contemporary, relevant collection of resources in a wide range of formats to meet the informational, educational and recreational needs of the Sunnyvale community. The Library strives to meet these needs within the limitations of space, staffing and budget.

The Library is a popular materials collection with special emphasis on materials that promote early childhood development, support formal education and independent learning, and further the acquisition of information literacy and technology skills by all library users throughout their life. Textbooks and materials of a highly technical or specialized nature more appropriate for research or special libraries are generally excluded from the collection.

The Library extends access to information beyond its own collection by participating in resource sharing with other library systems on the local, regional, and state level, and by providing access to online sources of information through the Internet and other digital materials.

Responsibility for Selection

The authority and responsibility for the selection and withdrawal of library materials rests ultimately with the Director of Library and Recreation Services. Under his/her direction, selection and withdrawal is delegated to professional collection development library staff. These decisions are made within the limitations of available space and funding, and within the scope of the written collection development plan. Materials will be selected based upon their value to the collection as a whole.

Selection Criteria

All materials, whether purchased or donated, are considered using the criteria below. An item need not meet all these standards to be added to the collection:

• Contribution to the diversity and scope of the collection
• Contemporary significance
• Relevance to the needs and interests of the public, including languages available
• Popular appeal
• Reputation or significance of the creator(s)
• Available space
• Published evaluations or reviews
• Impact on materials expenditure plan
• Accessibility of material
• Accuracy and timeliness
• Relevance of format and content to the intended audience
• Effectiveness and suitability of format in communicating the content;
• Receipt or nomination for awards
• Physical format and/or quality of production. Additional format criteria are considered when selecting digital content, including:
  • Accessibility
  • Availability of library licensing
  • Ease of use
  • Equipment, training, and technology requirements
  • License agreement requirements and vendor support
  • Unique content

Collection Maintenance

To maintain the quality and relevance of the collection, the Library regularly withdraws materials that are worn, outdated, superseded, or obsolete. Space limitations require that duplicate copies no longer in demand also be discarded.

As materials become worn, damaged, or lost, replacement will be based on:

• Availability
• Ongoing demand or need
• Alternate options better serving the same purpose
• Updated, newer or revised materials
• Historical value in this or another library based upon mission and guidelines
• Ability of another library system to provide the item or a comparable item

Reconsideration of Library Materials

The role of the Library is to collect materials representing varying points of view and different ways of life.

Materials are selected using the guidelines presented in this policy and in no way indicate an endorsement of the author’s viewpoint by the Library. Any materials challenged by patrons will be reviewed carefully and respectfully, using the procedure outlined in Library Policy CD-4.

Donations of Library Materials

Donations of books and audiovisual materials in good condition are accepted based on the provisions listed in Library Policy CD-3.

The Library accepts donations of books and audiovisual materials in good condition, and reserves the right to reject materials for any reason. All donations are subject to the provisions listed below.

• Donated items become the property of the Sunnyvale Public Library.
• The Library is under no obligation to add materials to the collection or to notify the donor of disposition of items.
• Donated items may be reviewed for possible addition to the Library collection, based on condition and relevance to collection guidelines and policies.
• Items not added to the collection are given to the Friends of the Sunnyvale Public Library to sell at book sales. The proceeds benefit the Library.
• There is a limit of four bags or boxes of donated materials accepted on any one day from an individual. Donations must be delivered to the Library loading dock or to the circulation desk.
• The following types of materials are not accepted: newspapers, magazines, software, audio and video cassettes, home-made recordings, Reader's Digest Condensed Books and encyclopedias more than five years old.
• Donation receipt forms are available to be completed by donors. Values are assigned by donors, not Library staff.

Approved November 29, 2018

I. Purpose

The purpose of this policy is to establish a Public Art Program by which the City of Sunnyvale can accept artwork and other materials for temporary display in the Sunnyvale Public Library. The policy establishes the goals and objectives of the Library's Public Art and Display Case Program and provides guidelines for exhibiting art at the Library.

The Sunnyvale Public Library is not exclusively a gallery or exhibition space and is not a public forum. The Library is frequented by City employees and members of the public, including children, from a highly diverse community. Therefore, the Library will not display artwork and other materials containing sexual imagery, nudity, graphic depictions of violence, or any artwork or materials that create a hostile work environment for employees.

The policy outlined below will be subject to periodic review. From time to time, the City may adopt and incorporate into this policy such additional guidelines as it deems necessary.

II. The Sunnyvale Public Library Public Art Program

A. Goals & Objectives

The goals and objectives of the Sunnyvale Public Library Public Art and Display Case Program are:

1. To enliven and enrich the Library environment by incorporating public art and other materials of aesthetic, historic, cultural or educational value.
2. To enhance the aesthetic experience of persons visiting and working in the Library.
3. To promote diversity by displaying artwork and other materials that reflect the social, ethnic and cultural fabric of the City of Sunnyvale.
4. To increase public exhibition opportunities for artists who live in Sunnyvale.
5. To educate and enrich the community be presenting materials relevant to Sunnyvale history and culture.

B. Administration

The Director of Library and Recreation Services shall administer the Public Art and Display Case Program, coordinating with other staff as necessary. The Library Director or his or her designee will:

• Select the appropriate areas for display of artwork and other materials such as library walls and display cases.
• Convene the Art Selection Committee as needed.
• Prepare and monitor all necessary records and documentation.
• Help coordinate all physical and logistical components of art installation. However, the artist is responsible for installation and removal of his or her artwork.
• Coordinate publicity and media attention for displays. However, the Library has no obligation to publicize any artwork.

C. Maintenance, Protection, and Sale of Artwork and Other Items

1. The City is not responsible for maintaining or protecting artwork or other materials while on display at the Sunnyvale Public Library. The artist, artist's agent, or lender of the materials must sign a waiver releasing the City of Sunnyvale from any and all liability for loss or damage to the works or items on display.
2. The artist or artist's agent may include his/her name and contact information along with the display, but the Library shall not be responsible for facilitating the sale of any work of art. The Library's Public Art and Display Case Program is not intended as a means of commercial sales.

III. Selection of Artwork and Displays

A. Display Case

1. The Library Director or designee is solely responsible for determining what items will be exhibited in library display cases. The Library Director may, at his or her sole discretion, work with an exhibitor and incorporate loaned materials into an exhibit. The Library Director is not obligated, however, to accept any materials offered for an exhibit.
2. Displays should be of general cultural and educational interest to the community, such as historic photos and artifacts, natural history collections (fossils, shells), collections of children's toys or dolls, antiques, vintage games or books. Displays should include 3-dimensional items of appropriate size. Descriptive labels should be included if applicable. No items or services for sale may be displayed.
3. If Library books are used in the display, they may not be checked out until the display is dismantled.

B. Artwork Selection Committee

1. As needed, the Library Director or his or her designee shall convene an Artwork Selection Committee consisting of at least two library staff and one representative of the local art community appointed by the Library Director.
2. Representatives of the local art community will be chosen based on their aesthetic expertise and may include artists, architects, curators and other arts professionals (excluding dealers, agents, or representatives of artists applying to the panel).
3. The Artwork Selection Committee will review artwork according to the Artwork Selection Criteria set forth in Subsection III (B), below, and make recommendations to the Library Director.
4. Artwork will be displayed for two months or for a period agreed upon by the Library and the artist before the art is installed.
5. The Library Director shall have final authority over the selection, arrangement, placement and duration of display of all works of art.

C. Artwork Selection Criteria

1. Artwork must have artistic merit that enhances the aesthetic experience of those who visit and work in the Sunnyvale Public Library.
2. Preference will be given to artists who are residents of Sunnyvale. For display in the Children's Room, preference will be given to works of art by children.
3. The Sunnyvale Art Club and Sunnyvale Photo Club may each display one work of art in the Library, rotating the pieces on a monthly basis, subject to approval by the Selection Committee and the Library Director.
4. The artwork must be suitable for display to a diverse audience including children and employees. The Library will not display artwork that contains explicit sexual imagery, nudity, or graphic depictions of violence or any artwork that would create a hostile work environment for employees.
5. Artwork must be in good condition and suitable in scale, materials, and form for display in the Sunnyvale Public Library for a period of two months.
6. The Library will not accept works of art that, due to the manner of construction, materials, or any other factor, may pose a threat to public safety.
7. From time to time, the Library may request artwork that is relevant to a special event or theme.

Approved April 6, 2009

Sunnyvale Public Library is committed to the principles of the intellectual freedom, promotion of literacy, encouragement of lifetime learning and provision of materials and informational services. The Library provides the public with as wide a spectrum of materials as possible. The internet, a global network of thousands of computers connecting all over the world, offers vast amounts of information far beyond the Sunnyvale Public Library's collection. It allows access to ideas and information from a multitude of sites spread over the globe.

While the Library offers selected connection to a wide range of useful and interesting sites through its home pages and bookmarks, all public internet sites are accessible to users. The internet is an unregulated medium. While it offers access to a wealth of local, national and international information that is enriching to individuals of various ages, it also enables access to some materials that may be considered offensive, controversial or disturbing. Also, as with printed sources, not all information on the internet is accurate, complete or current. The Library does not control or monitor material that can be accessed through the internet. Individual users must accept responsibility for the right of each individual to have access to constitutionally protected content.

It is the responsibility and the right of parents to determine and monitor their children's use of library materials and resources, including the internet. Each parent needs to decide which resources are appropriate for his/her own children's use.

The Library provides use of the World Wide Web, a graphical interface for a part of the internet. It does not provide email accounts.

The U.S. Copyright law (Title 17, U.S. Code) prohibits unauthorized reproduction or distribution of copyrighted materials; therefore, users may not copy or distribute electronically accessed materials without permission of the copyright holder, except as permitted by "fair use" principles. Responsibility for copyright infringement is with the users. The Library disclaims liability resulting from such infringements.

Modifying or attempting to damage computer equipment or software is vandalism to library property and may result in prohibition of use of Library computers as well as legal action.

Revised October 10, 2011

In order to provide the users with free internet access, the City of Sunnyvale has adopted an Acceptable Use Policy (AUP) for the Sunnyvale Library Wireless network. Please read this policy prior to accessing the Sunnyvale Library Wireless network. The word "user" refers to any person, entity or business that accesses the Sunnyvale Library Wireless network. By using the service the user agrees to the terms of this AUP.

Applies to: Users of the Sunnyvale Library Wireless network in and around Sunnyvale, California.

Summary: The City of Sunnyvale through Sunnyvale Library Wireless provides a public wireless network for the purpose of enabling users to access the internet. Use of the Sunnyvale Library Wireless network is governed by all applicable local, state, and federal laws, and this wireless network AUP, and is subject to the "Sunnyvale Library Wireless Disclaimer of Warranties, Limitation of Liability and Indemnification". The City of Sunnyvale offers the Sunnyvale Library Wireless network as a free service and does not provide technical support for users. For instructions on how to connect to the network, please refer to the document, "Guidelines to Access the Sunnyvale Library Wireless Network".

Contacts: Sunnyvale Library Wireless does not provide technical support. Information regarding network access can be found in the document, "Guidelines to Access the Sunnyvale Library Wireless Network".

Authority: The City of Sunnyvale reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong in compliance with applicable laws and regulations. Such cooperation may include, but shall not be limited to, providing account or user information or email as well as the monitoring of the Sunnyvale Library Wireless network in compliance with applicable law. The City of Sunnyvale through Sunnyvale Library Wireless does not guarantee any level of quality of service and may restrict access to the network, limit the bandwidth available to any user or group of users and restrict usage time at any time.

Privileges of Network Users: The primary purpose of the Sunnyvale Library Wireless network is to provide a convenient wireless means of internet access for the user. Sunnyvale Library Wireless users will be granted non-exclusive limited access to this wireless network in the designated areas as technology and network capacities allow and as restricted by this AUP. Users may not resell the service or provide the service to third parties in exchange for any form of compensation.

Responsibilities of Network Users

Users are responsible for ensuring they have the appropriate compliant wireless card (802.1 1) and are running up-to-date anti-virus software on their wireless device.

 

Users must respect all copyrights. Commercial software licensed to Sunnyvale Library Wireless may only be installed on devices expressly covered by the licenses. The downloading or sharing of copyrighted materials in violation of law is strictly prohibited.

The running of programs by a single user, or group of users, that may substantially degrade network performance or accessibility will not be allowed. Electronic chain letters, unsolicited messages or materials, bulk email, or other forms of solicitation ("spamming"), mail bombs, and excessive recreational use of the network are prohibited. Any action which promotes or furthers pornographic or inappropriate usage is prohibited including use to further any illegal purposes. Connecting to "Peer to Peer" file sharing networks or downloading large files, such as CD IS0 images, is also not allowed.

Wireless internet access is inherently not secure, and users should adopt appropriate security measures when using the Sunnyvale Library Wireless network. Users must be aware that as they connect their devices through the wireless network they expose their devices to: worms, viruses, trojan horses, denial-of-service attacks, intrusions, packet-sniffing and other abuses by third-parties. Sunnyvale Library Wireless highly discourages the conducting of confidential transactions (such as online banking or credit card usage) over any wireless network, including this one. Users are responsible for providing security measures that are suited for the User's intended use of the Sunnyvale Library Wireless network. Users shall take full responsibility for taking adequate measures to safeguard data from loss.

Users are responsible for all devices they connect through the Sunnyvale Wireless network.

Users are responsible for securing their own wireless equipped devices prior to making connections to the Sunnyvale Library Wireless network.

Please know that wireless technology is a shared resource, therefore, speeds will be directly affected by the number of simultaneous users.

Users will not use Sunnyvale Library Wireless to violate any applicable federal, state, local or international laws. Some examples include but are not limited to:

User will not transmit any material that threatens or encourages bodily harm or destruction of property or which harasses, abuses, defames or invades the privacy of any other person or entity.

User will not use the Sunnyvale Library Wireless network to commit any crime, act of terrorism, or fraud, or to plan, encourage or help others to commit any crime or fraud, including, but not limited to, acts of terrorism, engaging in a pyramid or Ponzi scheme, or sending chain letters.

User will not use the Sunnyvale Library Wireless network to send or receive any information which infringes the patents, trademarks, copyrights, trade secrets or proprietary rights of others.

User will not use the Sunnyvale Library Wireless network to send pornographic, obscene or profane materials.

User will not disrupt the Sunnyvale Library Wireless network. Examples include but not limited to: User will not access the accounts of others or attempt to penetrate the security measures of the Sunnyvale Library Wireless network or other computer systems ("hacking") or to cause a disruption of the Sunnyvale Library Wireless network's availability to other online users. User will not use tools designed for compromising network security, such as password-guessing programs, cracking tools, packet sniffers or network probing tools.

Limitations of Wireless Network Access

The user hereby agrees to be bound by the terms of the "Sunnyvale Library Wireless Disclaimer of Warranties, Limitation of Liability and Indemnification"

The City of Sunnyvale is in no way liable for any damage, undesired resource usage or detrimental effects that may occur to the user's device and software while the user has his/her device connected to the Sunnyvale Library Wireless network.

The user is responsible for any actions taken from his/her device, whether intentional or unintentional, that causes damages or otherwise affects other devices or users of the Sunnyvale Library Wireless network.

The user hereby releases the City of Sunnyvale from liability for any loss, damage, security infringement or injury which the user may sustain as a result of being allowed access to the Sunnyvale Library Wireless network. The user agrees to be solely responsible for any such loss, infringement, damage, or injury.

Violations and Sanctions

Reporting Violations: Any knowledge or evidence of violations of this AUP should be reported to Sunnyvale Library webmaster:library@sunnyvale.ca.gov

Penalties: Users who violate this AUP may be subject to the range of sanctions including, but not limited to, termination of network privileges. The City of Sunnyvale through Sunnyvale Library Wireless has the authority to temporarily revoke network access or take other appropriate action in order to maintain network security and reliability.

Revisions/Termination: The City of Sunnyvale reserves the right to revise or terminate the Sunnyvale Library Wireless network and this AUP at any time, for any reason, and without notice, including the right to terminate with or without notice, without liability to any user, any user or any third party. Usage of the Sunnyvale Library Wireless network indicates that you understand and agree to the terms and conditions listed herein and to any revisions.

SUNNYVALE LIBRARY WIRELESS DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNIFICATION

SECURITY WARNING AND DISCLAIMER

WARNING: The Sunnyvale Library Wireless is an open network provided by the City of Sunnyvale for your convenience, and you use it at your own risk. It is available to the general public, and is NOT INHERENTLY SECURE. The Sunnyvale Library Wireless cannot and does not guarantee the privacy of your data and communication while using the service.

There are potentially serious security issues with any computer connected to the internet without the appropriate protection, ranging from viruses, worms and other programs that can damage the user's computer, to attacks on the computer by unauthorized or unwanted third parties. By using the Sunnyvale Library Wireless, you acknowledge and knowingly accept the potentially serious risks of accessing the internet over an unsecured network. It is recommended that users take steps to protect their own computer system, such as installing current anti-virus software and maintaining appropriate firewall protection. For further information on how to protect you on this open network, consult a security professional.

By using this Sunnyvale Library Wireless, you acknowledge and agree that YOUR USE OF THIS SERVICE IS SOLELY AT YOUR OWN RISK. By using the Sunnyvale Library Wireless, you also agree to all terms set forth in the following Disclaimer of Warranties, Limitation of Liability and Indemnification and the Sunnyvale Library Wireless Network Acceptable Use Policy (AUP).

DISCLAIMER OF WARRANTIES

The City of Sunnyvale disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in or accessible through the Sunnyvale Library Wireless network. The City of Sunnyvale disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. The City of Sunnyvale disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the internet through the Sunnyvale Library Wireless service.

THE SUNNYVALE LIBRARY WIRELESS SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SUNNYVALE LIBRARY WIRELESS SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. THE ClTY OF SUNNYVALE, ITS SUPPLIERS AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE CITY OF SUNNYVALE, ITS SUPPLIERS AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SUNNYVALE LIBRARY WIRELESS SERVICE. THE ClTY OF SUNNYVALE, ITS SUPPLIERS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SUNNYVALE LIBRARY WIRELESS SERVICE. THE ClTY OF SUNNYVALE, ITS SUPPLIERS AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SUNNYVALE WIRELESS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SUNNYVALE LIBRARY WIRELESS SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE SUNNYVALE WIRELESS SERVICE.

YOU UNDERSTAND AND AGREE THAT (A) THE SUNNYVALE LIBRARY WIRELESS SERVICE WlLL NOT BE UNINTERRUPTED OR ERROR-FREE, (B) THERE IS NO WARRANTY OR GUARANTEE THAT THE SUNNYVALE WIRELESS SERVICE WlLL OPERATE AT ANY MINIMUM DATA TRANSFER SPEED, (C)THE ClTY OF SUNNYVALE HAS NO CONTROL OVER THIRD PARTY NETWORKS OR SITES YOU MAY ACCESS IN THE COURSE OF YOUR USE OF THE SUNNYVALE LIBRARY WlRELESS SERVICE, AND (D) YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SUNNYVALE LIBRARY WIRELESS SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WlLL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE CITY OF SUNNYVALE, ITS SUPPLIERS OR ITS LICENSORS BE LIABLE TO YOU, ANY USER, OR ANY THIRD PARTY ON ACCOUNT OF YOUR OR THAT PARTY'S USE OR MISUSE OF OR RELIANCE ON THE SUNNYVALE LIBRARY WIRELESS SERVICE ARISING FROM ANY CLAIM RELATING TO THE SUBJECT MATTER HEREOF. SUCH LlMlTATlON OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF THE ClTY OF SUNNYVALE, ITS SUPPLIERS OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SUNNYVALE LIBRARY WIRELESS SERVICE, FROM INABILITY TO USE THE SUNNYVALE LIBRARY WIRELESS SERVICE, OR FROM THE INTERRUPTION. SUSPENSION, OR TERMINATION OF THE SUNNYVALE LIBRARY WIRELESS SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SUNNYVALE LIBRARY WIRELESS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SUNNYVALE WIRELESS SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SUNNYVALE LIBRARY WIRELESS SERVICE. THIS LlMlTATlON SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WlTH RESPECT TO THE PERFORMANCE OR NONPERFORMANCE OF THE SUNNYVALE LIBRARY WIRELESS SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SUNNYVALE LIBRARY WIRELESS SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITED BY LAW.

WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL THE ClTY OF SUNNYVALE, ITS SUPPLIERS OR ITS LICENSORS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES,TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

INDEMNIFICATION

YOU AGREE TO HOLD HARMLESS AND INDEMNIFY THE CITY OF SUNNYVALE, ITS SUPPLIERS AND LICENSORS FROM AND AGAINST ANY THIRD PARTY CLAIM ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SUNNYVALE LIBRARY WIRELESS SERVICE, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS' FEES, OF EVERY KIND AND NATURE. IN SUCH A CASE, THE ClTY OF SUNNYVALE WlLL PROVIDE YOU WlTH WRITTEN NOTICE OF SUCH CLAIM. SUIT OR ACTION. UNDER NO CIRCUMSTANCES SHALLTHE CITY OF SUNNYVALE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE THE SUNNYVALE LIBRARY WIRELESS SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SUNNYVALE LIBRARY WIRELESS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE CITY OF SUNNYVALE, INCLUDING ITS AFFILIATES, AGENTS, AND CONTRACTORS, FROM ANY CLAIM, LIABILITY, LOSS, DAMAGE, COST, OR EXPENSE (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES AND COSTS) ARISING OUT OF OR RELATED TO YOUR USE OF THE SUNNYVALE LIBRARY WIRELESS, ANY MATERIALS DOWNLOADED OR UPLOADED THROUGH THE SUNNYVALE LIBRARY WIRELESS, ANY ACTIONS TAKEN BY YOU IN CONNECTION WlTH YOUR USE OF THE SUNNYVALE LIBRARY WIRELESS, ANY VIOLATION OF ANY THIRD PARTY'S RIGHTS OR ANY VIOLATION OF LAW OR REGULATION, OR ANY BREACH OFTHE FOREGOING.

THE FOREGOING WlLL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WlTH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO ITS CONFLICT OF LAWS PROVISION. IF FOR ANY REASON A COURT OF COMPETENT JURISDICTION FINDS ANY PROVISION OR PORTION OFTHE FOREGOING TO BE UNENFORCEABLE, THE REMAINDER OF THE FOREGOING WlLL CONTINUE IN FULL FORCE AND EFFECT.

Revised October 10, 2011

Approved September 10, 2007