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Terms and Conditions for In-House use of Digital Media

NEW DAY FILMS TERMS OF USE AGREEMENT FOR STREAMING OF NEW DAY FILMS CONTENT ON CUSTOMER-CONTROLLED SYSTEMS (“IN-HOUSE” USE)

Your use on your institution’s video streaming system of Content provided by New Day Films constitutes your acknowledgement of and agreement to the terms and conditions contained below (“Terms of Use”) between New Day Films (Licensor) and {customer_name} (Licensee). This document refers specifically to the purchase of an in-house license for streaming the following title: {film_name}

New Day Digital is a trademark of New Day Films.

1. Definitions

a. Educational Use: use in markets including, but not limited to, high schools, colleges, universities, libraries, museums and non-profit organizations, and students’ use for study through high schools, colleges, universities and Distance Learning Programs.

b. Classroom Use: A performance of a program in classrooms or other related venues, for audiences of more than one person, conducted without charging admission. In this context, programs may be shown by any means which do not require digitization, transfer, alteration, duplication or reproduction.

c. Unified campus: A geographically discrete setting which constitutes the principal place of business of the licensee.

d. Distance learning: Specific coursework conducted via internet connection by students enrolled for this purpose through the campus of the licensee as defined above.

2. Grant of License

a. New Day Films grants to the Licensee a limited, non-exclusive, revocable license to use the Content (as defined below) for educational use. Any other use of this content must be licensed through special arrangement with the filmmaker.

b. Not permitted under this license are the right to rent, loan, sublease or sub-license content to others. Content may not be digitized, transferred, altered, duplicated or reproduced by any means without prior, written authorization of New Day Films and the filmmaker.

c. Films licensed for institutional use may only be shared within any single, geographically unified campus, and with distance-learning classes and students who are enrolled by the Licensee for study conducted through that campus. Sharing of streamed New Day content between two or more campuses, or with other institutions, or with individuals, classes or groups who are not specifically affiliated through employment or enrollment with the licensee, is not permitted without the express authorization of New Day Films.

d. This license is granted only upon payment of fees specified by or through New Day Films.

3. Copyright

a. All materials purchased from New Day Films including, but not limited to, video, audio, graphics, text, images, and interactive media ("Content") are the property of New Day Films or have been licensed to New Day Films, and are protected by international copyright and trademark laws. Licensee has no ownership of the Content.

b. In addition, the contents of this Web site, including but not limited to design, "look and feel," software code, text, images, audio, and audiovisual Content, are copyrighted, with all rights reserved by New Day Films © 2011.

4. Term

The term of this License Agreement shall be concurrent with the duration of the five-year license which starts on {licensed_date} and ends on {expiration_date}. Upon expiration, non-renewal, or any termination of the license, all of Licensee's rights to use the Content shall cease. All Content in all formats must be erased, deleted, or destroyed upon expiration or any termination of this Agreement. Failure by Licensee to delete all Content covered by this agreement at the end of the term or upon any termination of the license will be regarded as a violation of U.S. Copyright law and subject to legal action.

5. Representations and Warranties of the Licensor

All information, products and other content (including third party information, products and content) included in or accessible from New Day Films Content are provided "as is" and without warranties of any kind (express, implied and statutory, including but not limited to the warranties of title and noninfringement and the implied warranties of merchantability and fitness for a particular purpose), all of which New Day Digital disclaims to the fullest extent permitted by law. Licensee's use of the Content is at licensee's sole risk.

6. Representations and Warranties of the Licensee

a. Licensee warrants that all information provided is true and accurate. New Day may terminate Licensee’s rights to any or all service if any information Licensee provides is false or inaccurate.

b. Licensee agrees to provide adequate security for protection of Content from piracy, theft and any other misuse while Content is stored on systems controlled, owned, leased or otherwise contracted for use by the Licensee. Licensee further agrees to assume full responsibility under the copyright laws of the United States for failure to do so.

7. New Day's Privacy Policy

Except as otherwise expressly provided for in this Agreement, our Service is subject to New Day's Privacy Policy, which is expressly made a part of this Agreement.

8. Governing Law

These Terms of Use are governed by the laws of the United States and, where no other state law is applicable, the State of New York, without giving effect to any principles of conflicts of laws.

9. Trademarks

NEW DAY DIGITAL and its logo belong to New Day Films and other marks belong to third party trademark owners. Except as permitted by applicable laws, Licensee is prohibited from using any of the marks appearing on this site without express written consent from their respective trademark owners.

10. Miscellaneous

a. Licensor reserves the right to refuse service and terminate accounts at its sole discretion, with or without cause, including, but not limited to, if Licensor believes Licensee's conduct violates applicable law or is harmful to Licensor.

b. Licensor's rights, including but not limited to all rights of remedy for Licensee's breaches under this Agreement, shall continue in perpetuity.

c. Licensor reserves the right to change, modify, add, or remove portions of these Terms of Use or this service at any time. Licensee's continued use of this site following the posting of any changes will mean that Licensee has accepted the changes. Licensor may add, delete, or modify features, titles, as well as the scope of service and support provided. Pricing, product features and specifications, and product title library are all subject to change without notice.

d. No delay or failure of Licensor to take action under these Terms and Conditions will constitute a waiver by Licensor, unless expressly waived in writing by Licensor.

e. These Terms of Use constitute the complete agreement of the parties and contain the entire understanding of the parties hereto relating to the Content, supersede any prior written or oral agreement or understandings between the parties with respect to the Content, and cannot be changed or terminated orally. Only a writing specifically referencing these Terms of Use and signed by the parties hereto may amend them.

 

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