Purchase of our DVDs includes educational Public Performance Rights. Educational public performance rights means any noncommercial exhibition of the physical DVD to a group for educational purposes. The term of the public performance license is for the life of the DVD. Purchase of DVDs does not include the right to charge admission for the viewing of the films. Film may not be duplicated, digitized or transmitted electronically in any form without a Digital Site License or specific permission from the copyright owner.
This Agreement between Dark Hollow Films and [the institution named on the invoice or purchase receipt] (Licensor) states the terms governing the use of the Digital Site License (DSL) which Dark Hollow Films grants to Licensor and Licensor accepts from Dark Hollow Films the limited non-exclusive license to offer the Program(s) [film title named on the DSL invoice or purchase receipt] for the term provided below in accordance with the following Terms and Conditions.
Licensor agrees to these Terms and Conditions by accepting the delivery of the Program(s). Licensor agrees that the Program(s) may not be used in any manner other than as specified in this Agreement and that under any conditions the Program may not be exhibited to any admission paying audience without previous authorization from Dark Hollow Films or the Owner of the Program. Licensor acknowledges that the Program(s) may not be publicly broadcast, transmitted by cable, or otherwise transmitted on any multi-receiver or closed circuit system to users who are not directly affiliated with the Licensor’s institution, unless otherwise specified herein or agreed to by Dark Hollow Films Inc. in writing. License is limited to a single server with password-protected connection. Rights must be properly limited to users affiliated with the Licensor’s institution. Nothing herein shall derogate from any rights of Dark Hollow Films of the Program(s) under United States copyright law.
RIGHTS: Licensor is hereby granted the right to transmit the Program(s) hosted on a single server with a password connection via a closed-circuit system that shall not be accessible to the Public.
TERM: The Term of the License is for the life of the digital file.
LICENSE: “License” shall mean the right to transmit the Program from a single secure server with password-protected connection via a closed-circuit system for the duration of the Term.
PAYMENT: Licensor shall pay Dark Hollow Films within forty-five (45) days of shipping the Program(s). Payment shall be made to Dark Hollow Films by check or electronically.
RESERVATION OF RIGHTS: Legal rights to the Program(s) shall at all times remain in Dark Hollow Films and the Program Owner(s) and all rights therefore reserved to Dark Hollow Films and the Program Owner(s). The term “License” as used herein means only the right and license for Licensor to use the Program as defined by the Terms and Conditions herein, but without any change in ownership or title and otherwise subject to the terms and conditions of this Agreement.
DEFAULT: If Licensor defaults hereunder (a) Dark Hollow Films, in addition to other remedies, may repossess any Program previously delivered hereunder; and/or (b) Licensor agrees to pay Dark Hollow Films costs and expenses of collection and/or repossession including the maximum attorney’s fees allowed by law.
ASSIGNMENT: This Agreement shall not be assignable by Licensor.
This constitutes the complete agreement of Dark Hollow Films and the Licensor, and contains the entire understanding of the parties relating to the Content, supersedes any prior written or oral agreement or understandings between the parties with respect to the Content, and cannot be changed or terminate orally. Only a writing specifically referencing this Agreement and signed by the parties hereto may amend this Agreement.