Atlas Systems, Inc.

A faculty member calling e-reserves "seductively easy"? Read the article about the Ares implementation at the University of Florida.

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Pricing Information

Ares is now available directly from the OCLC Regional Networks

Many of the OCLC Regional Networks are distributors of the Ares software. What does this mean to you? If your network is participating you will get a discounted price by ordering through them directly, as well as the ability to pay for Ares with your network account. If your network is not a participant you may order directly through Atlas.

Amigos
BCR
ILLinet - members order through MLNC
Incolsa
Michigan Library Consortium
Missouri Library Network Corporation
Nebase - members order through MLNC
Nelinet
Nylink
Palinet
Solinet
WiLS

Software License Fee

Ares Pricing Tiers	FTE
Tier 1	< 3,000
Tier 2	3,000 - 12,000
Tier 3	> 12,000

The Ares software is licensed as an annual subsciption with pricing based on the full time enrollment (FTE's) of your institution. The Software License Fee includes use of Ares, including all updates and new releases during the license period. This fee also covers unlimited telephone and email support.

Community Colleges should use 50% of their total FTE's to determine pricing tier.

K-12 academic institutions

Initial Implementation Fee

The Initial Implementation Fee includes remote installation of Ares software on your local server, four hours of remote web-based training, and four hours of remote web-based help sessions to answer questions and help configure the system.

Optional Ares Services

Advanced Implementation

At any time during the implementation, you can choose 8 more hours of on-site assistance to help configure the system for your site using your feedback, including editing web pages, print templates, email templates, setting policies, etc.

Hardware and Software Hosting Service

If you choose not to install Ares on your local server (Ares can easily be installed on the same server as your locally installed OCLC ILLiad installation), you can choose Atlas' hosted server services. Hardware and software are maintained, backed up and supported by Atlas staff.

Additional Hosted Hard Drive Space

If your Ares installation is hosted by Atlas, additional storage space my be added at any time during the contract period at a prorated amount of $100/month ($1,200/year).

Base Fees	Price
Ares Software License Fee Current OCLC ILLiad Users Receive an additional 5% discount	Tier 1	$4,800/year
	Tier 2	$6,000/year
	Tier 3	$8,000/year
	K-12 Academic	$4,800/year (includes hosting)
Initial Implementation Fee	$1,000 for all tiers
Optional Services
Advanced Project Implementation Fee	$2,000 in addition to initial implementation fee
Annual Server Hosting (including 5GB of drive space for E-Reserve materials)	Tier 1	$1,200/year
	Tier 2	$1,500/year
	Tier 3	$2,000/year

Institution Information

*Your Institution:
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Department or Library:
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Technical Contact Name:
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Billing Address (if different from above)

Address:
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Student Population

Current Student Population:

12,000+ 3,001 - 11,999 3,000 and below

Optional Hosted Server

Atlas Systems, Inc. offers server hosting for your Ares software. Under this arrangement, Atlas will provide and maintain all of the required server hardware and software to run the Ares system. This includes server installation, upgrades to Ares and the server software, and software back-ups. All that you are required to provide are the workstations and peripherals for your staff.

Hide Hosting Agreement

This Software Hosting Services Agreement ("Agreement"), is made as of the Order Date of the service, by and between ATLAS SYSTEMS, INC. ("Atlas"), and the ordering party ("Customer").

Services. Atlas will provide Customer with use of the hardware and software set forth above and the support services set forth in this Agreement (collectively, the "Services"), solely for the purpose of hosting the Customer's subscription to the OCLC ILLiad software (the "ILLiad Software"). All other hardware and software, as defined in the OCLC ILLiad system requirements provided by OCLC, shall be the responsibility of the Customer. Atlas reserves the right to modify any Service from time to time; provided that Customer may terminate a Service without penalty in the 30 days following notice from Atlas of the implementation of any change to a Service that has a material adverse affect on the functionality of that Service, if Atlas fails to correct the adverse effect in the 30 days following Customer's written notification to Atlas of such effect. Atlas, its affiliates or subcontractors may perform some or all of Atlas's duties and/or obligations hereunder.
Customer Responsibilities. Customer must obtain from OCLC Online Computer Library Center, Inc. ("OCLC") a valid license sufficient for the number of authorized locations to use the ILLiad Software. Customer shall install and maintain the client portion of the ILLiad Software and all additional client software as defined in the specifications listed by OCLC on the Customer's Authorized Workstations. Customer shall also complete the ILLiad Installation Wizard which is available on the Atlas webpage. Customer is responsible for establishing and maintaining its Internet connection necessary to access and use the Services. All use of the Services must comply with the user policies established by Atlas from time to time and posted on the Atlas website located at URL: http://www.atlas-sys.com/ (the "Policy"). Atlas reserves the right to amend the Policy from time to time, effective upon posting of the revised Policy at the URL or other notice to Customer. Atlas reserves the right to suspend the Services or terminate this Agreement effective upon notice for a violation of the Policy. At Atlas's request, Customer agrees to defend, indemnify and hold harmless Atlas from any losses, damages, costs, liabilities or expenses resulting from any third party claim or allegation ("Claim") arising out of, or relating to, use of the Services, including any Claim which, if true, would constitute a violation of the Policy.
Service Levels. Except as otherwise provided in Section 4 below, Atlas will use commercially reasonable efforts to make the Services available in accordance with prevailing hosting industry standards, taking into account the Customer's workstations and the speed of their connection to the Atlas hardware (the "Technical Standards"). Atlas will use commercially reasonable efforts under the circumstances to remedy any interruptions, omissions, mistakes, accidents or errors in the Services (hereinafter "Defects") and restore the Services substantially in accordance with the Technical Standards. If the Services fail to substantially conform to the Technical Standards over a continuous period of thirty (30) days after written notice to Atlas of such nonconformity, Customer may terminate Services, provided that the Defect is not caused or contributed to, directly or indirectly, by any act or omission of Customer or its customers, affiliates, agents, representatives, invitees or licensees, other than normal use of the Services in accordance with the Policy. In the event Customer terminates Services under this section, Atlas shall only refund payment for any full years remaining on a multi year agreement. This Section 3 sets forth Customer's sole remedies for any claim relating to the Services, including any failure to meet any guarantee set forth herein. Atlas's records and data shall be the basis for all service level calculations and determinations.
Technical Support. Customer acknowledges that, except as expressly provided in this Section 4, all support for the ILLiad Software shall be provided as defined by OCLC pursuant to the separate software license agreement between Customer and OCLC. Atlas shall provide support to Customer only with respect to access and availability of the ILLiad Software maintained by Atlas pursuant to this Agreement ("Atlas Support"). Atlas Support shall be available via telephone and email during the hours of 8:00 a.m. to 5:00 p.m., eastern time, Monday through Friday, excluding federal holidays. In addition to Atlas Support, Atlas shall provide Customer with consulting and technical services regarding installation, customization and setup of the ILLiad Software on the server-side only ("Server Support") per the order matrix or quote. After the provided hours, Atlas shall provide Server Support at the rate of $120 per hour for each hour or fraction thereof. Customer acknowledges and agrees that Atlas will provide all server-side installation, customization, setup and support, and that neither Customer nor any third party engaged by customer shall be permitted to provide such services.
Term and Termination. The initial term of this Agreement shall commence on the Effective Date and shall continue for the period specified above as the "Initial Term." Upon expiration of an Initial Term, this Agreement shall automatically renew for additional terms of one (1) year each (each a "Renewal Term"), at Atlas' option, unless Customer provides Atlas with written notice of its intent not to renew no later than sixty (60) days prior to the end of the Initial Term or then-current Renewal Term. Payment for the Renewal Term shall be made by Customer prior to expiration of the current agreement. Atlas shall notify Customer in writing of any change in the fees for this agreement at least 90 days prior to expiration of the current agreement. This Agreement also shall terminate immediately upon Atlas' receipt of notice from OCLC or subsequent licensor of the ILLiad Software that Customer's license for the ILLiad Software has terminated. Either party may terminate this Agreement for Cause. "Cause" shall mean a breach by the other party of any material provision of this Agreement, provided that written notice of the breach has been given to the breaching party, and the breach has not been cured within thirty (30) days after delivery of such notice. In addition, Atlas shall have the right to terminate this Agreement immediately, in the event that Customer ceases to do business in the normal course, becomes or is declared insolvent or bankrupt, is the subject of any proceeding relating to liquidation or insolvency which is not dismissed within ninety (90) days, or makes an assignment for the benefit of its creditors. In the event of termination of this Agreement other than by Customer for Cause prior to the expiration of the applicable Initial Term set forth above, Customer shall not be entitled to a refund of any portion of the services fee(s) paid to Atlas and shall be obligated to pay Atlas for the remainder of any service fees that otherwise would be due from Customer for the remainder of the Initial Term.
Payment. Customer agrees to the fees for the Services as set forth above. All payments for fees shall be made in U.S. Dollars. All fees for the Services shall be paid in advance upon execution of this Agreement. Fees for additional Server Support incurred by Customer under Section 4 shall be invoiced to Customer in arrears at the beginning of the month following the month in which they are incurred. Any additional charges, including, but not limited to, any early cancellation charges, accrued interest, and late fees, may be invoiced in arrears. All payments for fees other than annual fees for Services are due within thirty (30) days of the invoice date. Amounts that are not paid in full when due will be subject to interest charges of the lesser of one and one-half percent (1.5%) per month or the highest amount permitted by law, which interest shall accrue daily. If Customer does not give Atlas written notice of a dispute with respect to Atlas charges or taxes within one (1) month of the date of an invoice, such invoice shall be deemed to correct and binding on Customer. In the event Customer fails to pay an invoice within 30 days of invoice date, Atlas may issue a notice of default, and may discontinue the Services and/or terminate this Agreement in the event Customer has not fully paid all invoices within seven (7) days of the default notice. Customer agrees to pay Atlas its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under this Agreement.
Taxes. Customer shall be liable for, pay and, to the extent applicable, reimburse Atlas for all local, state, federal and foreign taxes or similar assessments or charges (including any interest and penalties imposed thereon), arising out of this Agreement or the sale or use of the Services hereunder but excluding taxes based on the net income or gross receipts of Atlas. Atlas will have the right, at any time during any term of this Agreement, to pass through and invoice to Customer any new or increased fees, assessments, taxes or other charges imposed on, or required to be collected by, Atlas or its subcontractors or agents by any governmental agency or its designee. In addition, Customer will pay and be solely responsible for all taxes, fees and charges levied directly upon it. If Customer provides Atlas with a duly authorized exemption certificate, Atlas will exempt Customer in accordance with the law, effective on the date Atlas receives the exemption certificate.
Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 3 ABOVE, ATLAS (a) MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, FOR THE SERVICES IT IS PROVIDING, AND (b) DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Atlas exercises no control over and accepts no responsibility for the content of the information passing through the Services. Atlas specifically denies any responsibility for the accuracy or quality of information obtained through the Services. Use of any information obtained via the Services is at Customer's own risk.
Limitation of Damages. EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, IN NO EVENT SHALL EITHER PARTY OR ANY OF ATLAS'S SUPPLIERS OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST REVENUE, OR LOST DATA), NOR SHALL ATLAS'S SUPPLIERS OR LICENSORS BE LIABLE FOR DIRECT DAMAGES TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL ATLAS'S AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE) EXCEED THE LESSER OF $100,000 OR THE AMOUNTS PAID TO ATLAS FOR THE SERVICES GIVING RISE TO A CLAIM IN THE TWELVE MONTHS PRECEDING THE DATE OF SUCH CLAIM. Customer agrees and acknowledges that it is in a better position to foresee and evaluate any potential damage or loss it may suffer in connection with the Services and that the fees payable under this Agreement have been calculated on the basis that Atlas shall exclude liability as provided in this Section.
Confidential Information. Commencing on the date Customer executes this Agreement and continuing for a period of three (3) years from the termination of this Agreement, each party shall protect as confidential, and shall not disclose to any third party without the disclosing party's written consent, any Confidential Information received from the disclosing party or otherwise discovered by the receiving party during the term of this Agreement, including, but not limited to, the pricing and terms of this Agreement, and any information relating to the disclosing party's technology, business affairs, marketing or sales plans, and any non-public information regarding the performance of the Services (collectively the "Confidential Information"). The parties shall use Confidential Information only for the purpose of this Agreement and shall only disclose Confidential Information to affiliates, employees, subcontractors or advisors under a similar obligation of confidentiality. The foregoing restrictions on use and disclosure of Confidential Information do not apply to information that: (i) is in the possession of the receiving party at the time of its disclosure and is not otherwise subject to obligations of confidentiality; (ii) is, or becomes publicly known, through no wrongful act or omission of the receiving party; (iii) is received without restriction from a third party free to disclose it without obligation to the disclosing party; (iv) is developed independently by the receiving party without reference to the Confidential Information, or (v) is required to be disclosed by law, regulation, or court or governmental order, however, the party subject to such law, regulation or court or governmental order shall use reasonable efforts to minimize such disclosure and shall notify the other party contemporaneously of such disclosure.
Data Ownership; Loss. All data created or transmitted by Customer and stored on Atlas servers as part of the Services ("Customer Data") shall at all times be owned by Customer. Except as instructed by Customer directly or through instructions provided to the servers through Customer's use of the ILLiad Software, Atlas shall treat Customer Data as Confidential Information. Upon termination or cancellation of this Agreement for any reason, Atlas shall return all Customer Data to Customer in the file format used by the ILLiad Software. As a convenience for Customer, Atlas shall perform a regular backup of all Customer Data, but Atlas shall in no event be liable to Customer or any third party for loss, destruction or corruption of Customer Data. Customer agrees and acknowledges that it is in a better position to foresee and evaluate any potential damage or loss it may suffer in connection with loss of Customer Data and that the fees payable under this Agreement have been calculated on the basis that Atlas shall exclude liability as provided in this Section.
Security. All access to the Services shall be controlled by user names and passwords issued by Atlas to Customer from time to time upon request by Customer. Each user name and password will be unique to each staff member that Customer designates is authorized to access the Services. Customer is solely responsible for the security of the user names and passwords issued to Customer's staff members. Any access to the Services using such user names and passwords will be deemed access by Customer, except where access is the result of unauthorized disclosure of user names and passwords by the negligent or willful act of Atlas. Upon request by Customer, Atlas will either (i) obtain (at Customer's sole cost and expense) and install a digital sercured server certificate for Customer or (ii) install a digital secured server certificate provided by Customer.
Force Majeure. Atlas shall not be deemed to be in default of any provision of this Agreement or be liable for any delay or failure in performance due to Force Majeure, which shall include without limitation acts of God, earthquake, weather conditions, labor disputes, changes in law, regulation or government policy, riots, war, fire, epidemics, acts or omissions of vendors or suppliers, equipment failures, transportation difficulties, malicious or criminal acts of third parties, or other occurrences which are beyond Atlas's reasonable control.
Miscellaneous. Atlas reserves the right to use the Customers name in its marketing and promotional materials, otherwise neither party may use the other party's name, trademarks, trade names, or other proprietary identifying symbols, or issue any press release or public statement relating to this Agreement without the prior written permission of the other party. No failure on the part of either party to exercise, and no delay in exercising, any right or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy granted herein. This Agreement shall be interpreted according to the laws of the Commonwealth of Virginia without regard to, or application of, choice of law rules or principles, except that both parties waive their rights under, and hereby exclude application of, Virginia's enactment of the Uniform Computer Information Transactions Act. Neither party may assign this Agreement or any of its rights hereunder without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayed; provided that Atlas may assign this Agreement or any of its rights hereunder to an affiliate or successor without Customer's written consent. This Agreement sets forth the entire and exclusive agreement between the parties, superseding all prior or contemporaneous representations, proposals, quotes, agreements or understandings concerning the subject matter addressed herein. Except as otherwise set forth herein, no amendment to this Agreement shall be valid unless in writing and signed by both parties.

Hosted Server:

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Additional

How did you hear about Ares?

Atlas Web Site Atlas booth at ALA Conference Colleague An email discussion list Other

Do you currently use OCLC ILLiad?

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Do you currently use Odyssey?

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