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INDIVIDUAL PRESENTATION AND PUBLIC VIEWING LICENSE AGREEMENT
UNDER 1000 TOTAL PERSONS VIEWING IN A SINGLE 24 HOUR PERIOD
Read the License agreement for full understanding and E-mail us: crystalizedmedium@yahoo.ca or call
250-870-0787 if you have any questions or need a written addendum added.
Crystalized Medium Incorporated
License Agreement #
This AGREEMENT, effective the ______ day of _________________20_______
Crystalized Medium Inc., a Corporation in the Province of British Columbia, Canada, with its principle place of business at 3321 WEBBER ROAD, WESTBANK, BRITISH COLUMBIA, V4T 1W6, CANADA
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LICENSEE
COMPANY OR PROPRIETORSHIP NAME_________________________________________
STREET ADDRESS__________________________________________________________
CITY______________________________STATE/PROVINCE_________________________
ZIP/POSTAL CODE__________________________COUNTRY________________________
LOCATION or PRODUCTION the VIDEO is TO BE USED:
SINGLE LOCATION OR SINGLE PRODUCTION NAME_______________________________
STREET ADDRESS (traveling productions indicate “MULTIPLE LOCATIONS UNDER SAME PRODUCTION”. Others indicate address of single location video will be licensed for viewing) . __________________________________________________________________________
CITY______________________________STATE/PROVINCE_________________________
ZIP/POSTAL CODE__________________________COUNTRY________________________
“VIDEO” CONTAINED ON INVOICE #_____________________________________________
__________________________________________________________________________
DEFINITIONS
- VIDEO includes all video, whole or in part, identified in CRYSTALIZED MEDIUM INC. invoice to LICENSEE as contained in the specified medium.
- LICENSEE - One END USER whose name appears on LICENSE AGREEMENT
- LICENSOR - CRYSTALIZED MEDIUM INC. - sole owner of VIDEO
(Hereinafter the “LICENSEE”); do hereby agree as follows:
Whereas, Crystalized Medium Inc. is the sole owner of all rights to VIDEO contained in its library; and
Whereas, the VIDEO has copyright protections and has acquired commercial value; and
Whereas, LICENSEE desires to use the VIDEO in conjunction with its business or personal project, subject to the provisions of this AGREEMENT;
Whereas, Licensor warrants: (i) it has full authority and capacity to execute and perform this License; (ii) it owns the copyright in work containing the Clip(s); (iii) it has obtained all necessary clearances to grant Licensee the rights in this License.
Whereas, Licensee: Licensee warrants it has full authority and capacity to execute and perform this License.
NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, CRYSTALIZED MEDIUM INC. and LICENSEE agree as follows:
CRYSTALIZED MEDIUM INC. grants to the LICENSEE a license to use the VIDEO for: PRESENTATION PROJECTS UNDER 1000 TOTAL PERSONS VIEWING IN A SINGLE 24 HOUR PERIOD and PUBLIC VIEWING UNDER 1000 TOTAL PERSONS VIEWING IN A SINGLE 24 HOUR PERIOD; subject to the following TERMS AND CONDITIONS:
1 LICENSEES’ use and rights of the VIDEO is non-exclusive, non-assignable, non-transferable.
2 LICENSEE must not resell or provide a copy of VIDEO to any other entity. .
3 LICENSEE must not lease, rent or assign video to any entity.
LICENSEE may indicate a different licensed location or production other than that of its primary business address if it appears under “LOCATION or PRODUCTION the VIDEO is to be used” otherwise LICENSEE’s business address is the only default location permitted to use VIDEO.
3 LICENSEE shall affix a copyright notice to all LICENSEE’S PRESENTATIONS or MULTIMEDIA WORKS, containing the VIDEO.
4 DUPLICATION and COPYING - LICENSEE must not duplicate or copy the VIDEO for any other person(s) or entities, for monetary benefit or otherwise.
4 THE “VIDEO” contained on this LICENSE is permitted for a single location or single production only. No duplication for multiple locations or multiple productions permitted. Multiple playings of the same production or at same location are permitted.
4 The LICENSEE shall take reasonable efforts to prevent the unlawful sharing, downloading or copying of VIDEO files.
5 FILE SHARING – YOU MUST TAKE REASONABLE EFFORTS TO PROTECT THIS FILE FROM PEER TO PEER FILE SHARING or COPYING OF ANY KIND. You must not allow this file to be accessible by any file sharing protocol or means within an INTERNET or INTRANET setting UNLESS ADDITIONAL WRITTEN AND PHYSICALLY ENDORSED PERMISSION ACQUIRED PRIOR TO USE.
6 WEB USAGE is strictly FORBIDDEN. YOU MAY NOT USE, TRANSMIT, MAKE AVAILABLE, THIS VIDEO OR INDIVIDUAL SCREEN CAPTURE FROM THE VIDEO ON THE INTERNET OR WITHIN AN INTRANET UNLESS ADDITIONAL WRITTEN AND PHYSICALLY ENDORSED PERMISSION ACQUIRED PRIOR TO USE.
7 The LICENSEE must not use the VIDEO(s) in LOCAL, NATIONAL, or INTERNATIONAL COMMERCIAL or BROADCAST PRESENTATIONS UNLESS ADDITIONAL WRITTEN AND PHYSICALLY ENDORSED PERMISSION ACQUIRED PRIOR TO USE.
8 ALL OTHER RIGHTS NOT EXPRESSLY PERMITTED UNDER THIS CONTRACT REMAIN THE SOLE PROPERTY OF CRYSTALIZED MEDIUM INC. ALL OTHER RIGHTS RESERVED.
8 The LICENSEE is required to produce proof of this copyright agreement, via a signed LICENSE AGREEMENT to the LICENSOR within 30 days of written request.
9 Should LICENSEE breach the terms of the AGREEMENT, CRYSTALIZED MEDIUM has the right to terminate this agreement upon thirty (30) days written notice to LICENSEE. Termination shall take effect on the thirty-first (31st) day if remedy for breach is not made complete. Any unauthorized use of the VIDEO by LICENSEE will constitute an infringement of the rights of CRYSTALIZED MEDIUM INC., including but not limited to CRYSTALIZED MEDIUM INC.’s copyrights in the VIDEO. In the event of a breach by LICENSEE, and a failure to remedy, ALL rights granted to LICENSEE under this AGREEMENT shall terminate. LICENSEE shall return, at LICENSEE’S expense, the VIDEO to CRYSTALIZED MEDIUM INC. CRYSTALIZED MEDIUM INC. retains all rights and remedies available in law or equity and LICENSEE specifically acknowledges that any breach will result in irreparable harm and loss to CRYSTALIZED MEDIUM INC. Any unauthorized use of the VIDEO by LICENSEE prior to, or after notice to terminate will constitute intentional infringement of the copyrights held by CRYSTALIZED MEDIUM INC., permitting the award of attorney fees, damages, and/or statutory damages under International and Canadian Copyright Laws.
10 Any action hereunder shall be duly filed within the LICENSOR’s court of jurisdiction. This agreement shall be governed by, and construed in accordance with but not limited to the laws of; PRIMARILY – INTERNATIONAL COPYRIGHT LAW; SECONDARILY -- the Country of Canada; FINALLY – The Province of British Columbia.
11 It is specifically agreed that all terms, covenants, conditions, and promises of parties hereto are contained in this AGREEMENT. All modifications to this AGREEMENT must be made in writing and executed by both parties, in order to be rendered valid and binding.
12 Should any action be brought to enforce or interpret this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys fees and costs. Said costs and expenses may include any and all collection costs incurred.
13 This AGREEMENT shall be binding upon and inured to the benefit of the parties hereto and the respective successors and assigns.
14 The term of this AGREEMENT shall be a 5 YEAR AGREEMENT, UNLESS ADDITIONAL WRITTEN AND PHYSICALLY ENDORSED PERMISSION ACQUIRED PRIOR TO CONTRACT END DATE.
15 THE LICENSEE HAS NO RIGHTS TO THE VIDEO CONTENT UNTIL SUCH TIME AS:
(i) THE SIGNED EXECUTION OF THIS AGREEMENT BY THE LICENSEE AND THE LICENSOR AND RECEIPT BY CRYSTALIZED MEDIUM INC.
(ii) PAYMENT IN FULL BY LICENSEE OF THE LICENSE FEE DESCRIBED BY CRYSTALIZED MEDIUM INC. INVOICE TERMS ACKNOWLEDGING THE SALE OF THE COPY OF THE VIDEO TO LICENSEE.
Thereafter this AGREEMENT shall be deemed effective and binding upon the parties at all times that the VIDEO is used by LICENSEE.
The parties hereto have executed this AGREEMENT as of the date written below.
CRYSTALIZED MEDIUM INC.
3321 Webber Road
Westbank, British Columbia V4T 1W6
CANADA
By_____________________________________Title__________________ Date_______________________
Agreed to and accepted as to all TERMS AND CONDITIONS
LICENSEE
Authorized Signature____________________________________________ Date________________________
LICENSEE must sign and date one copy and return it to CRYSTALIZED MEDIUM INC. within 30 days
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