Test 1 Sample Clauses

Test 1. The Book is “in-print” under the terms of the author- publisher contract. For this purpose, the Book may be “in-print” even if the contract does not use the term “in-print.” If the contract measures “in-print” by reference to revenues earned, and more than 50% of the revenues paid to a publisher from exploitation of a Book are generated by Google’s exploitation of a Book, then those revenues shall NOT be considered in determining whether this Test 1 has been met. If the contract measures “in-print” by units sold or some measure other than revenues, then an equivalent principle will be applied in determining whether this Test 1 has been met. That a Book or information about a Book is included in a database, or that information about the Book is provided in search engine results, does not, by itself, mean that the Book is “in- print.” A Book is not “in-print” if the contract provides for reversion and all of the criteria for reversion have been met (except that the author need not have sent a request for reversion to the publisher even if required by the contract); or