License Agreement - Lucuma Films

Digital Site License for Soy Andina and Return to the Andes
Terms of Use
Purchase of Soy Andina and/or Return to the Andes with a Digital Site License (DSL)
by an institution of higher learning permits educational projection and playback in
classrooms, or via the institution’s video streaming system in perpetuity. DSLs are
not licensed for screenings in which admission fees are charged; such use requires
special authorization from the producers.
Copyright of Soy Andina and Return to the Andes is held by Lucuma Films and is fully
protected by U.S. copyright laws.
Purchase of a DSL constitutes acknowledgment of and agreement to the terms and
conditions contained below (“Terms of Use”) between Lucuma Films (“Licensor”)
and any customer (“Licensee”).
Purchase of a DSL does not include or imply the right to sell, rent, loan, sublease or
sublicense to others. None of the media content may be digitized, altered,
transmitted, duplicated or reproduced by any means without prior written
authorization. This license specifically excludes any digital or analog transmission or
duplication of the program in whole or in part by broadcast, narrowcast, internet,
intranet, open-cable, direct broadcast satellite, or other means, or to any off-campus,
distance learning, or affiliate site without written permission of Licensor.
These terms of use are governed by the laws of the United States. Any state or
federal action arising out of this Agreement shall be brought in New York.
1. Definitions
a. Educational Use: use in markets including but not limited to high schools,
colleges, universities, libraries, museums, hospitals, companies, and nonprofit
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
that do not require digitization, transfer, alteration, duplication or
reproduction.
c. Unified Campus: A geographically discrete setting that 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. Licensor 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 Licensor.
b. Not permitted under this license is 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
Licensor
c. 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 The
Fan Connection 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
written authorization of Licensor.
d. This license is granted only upon payment of fees specified by or
through Licensor.
3. Copyright
All materials acquired from Licensor including but not limited to video, audio,
graphics, text, images, and interactive media ("Content") are the property of
Licensor or have been licensed to Licensor and are protected by international
copyright and trademark laws. Licensee has no ownership of the Content.
4. Termination
Any violation of this Agreement by Licensee shall result in termination of the
license, and all of Licensee's rights to use the Content shall cease. All Content in all
formats must be erased, deleted, or destroyed upon termination of this agreement.
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 Licensor are provided "as is"
and without warranties of any kind. 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.
Licensor 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.
7. Governing Law
These terms of use are governed by the laws of the United States and the State of
New York, without giving effect to any principles of conflicts of laws.