Please find below the Terms and Conditions as they appear in the License Agreement for the Public Performance Rights.
PUBLIC PERFORMANCE RIGHTS LICENSE AGREEMENT
Agreement between Medeo (the producer of Cabralista) and the Institution named on the Invoice (thereinafter referred to as the “Licensor”) stating the terms that govern the use of this Public Performance Rights License Agreement (“Agreement”), wherein Medeo grants Licensor and Licensor accepts from Medeo the limited license to use the Film (s)named on the Invoice (thereinafter referred to as the “Film(s)”) for the life of the relevant DVD copy, in accordance with the following terms and conditions.
Licensor agrees to the following terms and conditions by accepting delivery of any Film(s) copy.
- RIGHTS: Medeo hereby grants to Licensor the right to: (a) include the Film(s) in Licensor’s public library to its authorized users and/or card-holders for the purposes of research, education, or other non-commercial or non-performance use for student, staff and faculty or any additional authorized users; and/or (b) exhibit the Film(s) in a non-public, non-theatrical, setting. The rights contained herein are non-transferable. Sublicensing, subleasing, duplicating, digitizing, renting, selling or any other act not expressly permitted in this Agreement is prohibited. The Film(s) may not be exhibited to an admission paying audience.
- PAYMENTS AND DELIVERY: In accordance with the shipping options provided in the Invoice, Medeo shall deliver the Film(s) to Licensor in a timely manner (subject to prior payment). The Film(s) shall be deemed in satisfactory condition for exhibition unless Licensor, after inspection thereof notifies Medeo to the contrary within seven (7) business days of receipt of the Film(s), specifying the nature of the defect. Medeo shall not be in breach of the Agreement for failure to deliver any of the Film(s)in the designated date and shall not be liable for incidental or consequential damages. Payment shall be made to Medeo electronically and Licensor acknowledges that delivery to Licensor shall occur only upon actual receipt by Medeo of payment in full.
- LIMITATION OF LIABILITY: In the event that the Film(s) delivered is defective in any way as per Paragraph 2, Medeo shall be solely liable to replace such Film(s) in a timely manner. Medeo shall have no other obligations and/or liabilities to Licensor.
- DEFAULT: In the event of Licensor’s default hereunder, in addition to other remedies: (a) Licensor shall immediately cease any use of the Film(s); and/or (b) Medeo may refuse to take any further orders from Licensor and may refuse to make further shipment of Film(s) to Licensor; and/or (c) Licensor agrees to pay Medeo damages, costs and expenses (including loss of profits) and any collection costs connected thereto, including the attorney’s fees, and not less than the actual legal costs and attorney’s fees incurred by Medeo.
- ASSIGNMENT: This Agreement shall not be assignable by Licensor.
- COMPLETE AGREEMENT: This Agreement constitutes the entire agreement between the parties regarding the matters hereunder. By accepting delivery of the Film(s), Licensor acknowledges that it has read this Agreement, understood its terms and conditions, and has voluntarily accepted its provisions.