a. Authorized Users: Full, part-time or contract faculty; currently-enrolled students; staff; researchers or independent contractors using the content for individual use; casual, "walk-in" on-site Authorized Users customarily granted access to the educational institution and using the content for individual use.
b. Classroom Use: Streaming, exhibition or display of Streamed Content or DVD Content in classrooms or other venues, for audiences of more than one person, conducted without charging admission. In this context, Streamed Content may be exhibited by any means not requiring additional digitization, alteration, duplication or reproduction.
c. Distance Learning: Specific coursework conducted via electronic, digital or other communications network (including Internet and Intranet) by students enrolled for that purpose through the Licensee’s Unified Campus as defined below.
d. DVD Content: All materials purchased and/or licensed from New Day Films for exhibition or display via DVD or other physical media, including, but not limited to, video, audio, graphics, text, images, and interactive media.
e. Educational Use: Exhibition or display of Streamed Content or DVD Content in educational markets including, but not limited to, primary schools, middle schools, high schools, colleges, universities, libraries, museums, hospitals, companies, and nonprofit organizations and individual exhibition or display of Streamed Content or DVD Content by Authorized Users studying, researching or working through primary schools, middle schools, high schools, colleges, universities, and distance learning programs.
g. Streamed Content: All materials purchased and/or licensed from New Day Films for streaming purposes including, but not limited to, video, audio, graphics, text, images, and interactive media.
h. Unified Campus: A geographically discrete setting which constitutes the principal place of business of the Licensee.
2. Grant of Rights
New Day Films makes it content available to educational institutions through several platforms, including by means of physical media (DVDs), via direct digital streaming licenses and bylimited licenses enabling educational institutions to host and stream content online through their password-protected server. In addition to the terms and conditions set forth herein, the following license terms shall apply to each of the following respective media:
a. DVD Rental and Purchase
i. Rental or purchase of any New Day Films DVD program is for Educational Use during the specified rental period, or for life of the DVD with respect to purchases. New Day Films DVDs are not licensed for screenings in which admission fees are charged, including but not limited to theatrical screenings. TO AVOID LATE CHARGES, RENTED DVDS MUST BE POSTMARKED 24 HOURS AFTER SHOW DATE. ALL RETURNS SHOULD BE SHIPPED VIA UPS.
b. Streaming Licenses
i.Subject to the restrictions set forth herein, New Day Films grants Licensee a limited, non-exclusive license for the Term (defined at Section 2(b)(ii) and 2(b)(iii) below) to stream, display and exhibit the Streamed Content for Classroom Use and in other related venues for the Educational Use of Authorized Users. Any other use of the Streamed Content must be licensed through special arrangement with the filmmaker. The Continuing Service Fee shall entitle Licensee and its authorized users to receive unlimited online access to the Streamed Content, plus any included updates, on a proprietary platform.
ii. Term – Limited License. If You select a limited license option when placing your order, the term of this License Agreement with respect to Streamed Content shall be concurrent with the length of the license chosen (i.e. 3-day, 14-day, 1-year, 3-year, life of file, or other agreed-upon term). Upon expiration, non-renewal, or any termination of the license, all Licensee's rights to use the Content shall cease. License period commences at the time the license is purchased.
iii. Term – Life of File License. If You select a life of file license when ordering, the term of this License Agreement with respect to the Streamed Content and any included updates shall be life of file and may only be revoked if Licensee materially breaches this Agreement, or if the Streamed Content is withdrawn due to errors or third party claims (including claims of infringement). If You select a life of filelicense and lose the ability to access the Streamed Content online through New Day Films for any other reason (e.g., if New Day Films discontinues online access services), or if the Streamed Content is otherwise eligible for local loading, Licensee may obtain digital copies upon certifying that You will secure and restrict use of the Streamed Content as contemplated under this Agreement, including implementation of appropriate copy protection practices and technologies, as applicable. All use of the delivered materials shall continue to be subject to the terms of this Agreement, and file transfer costs, if any, shall be Licensee’s responsibility.
iv. All other rights not expressly granted are reserved by New Day Films. Streamed Content may not be rented, loaned, sub-leased, re-sold or sub-licensed to others. Streamed Content may not be digitized, transferred, altered, duplicated or reproduced by any means except as expressly provided in this license without prior written authorization of New Day Films.
v. This streaming license is expressly conditioned upon receipt of payment by New Day Films of all applicable fees and taxes.
c. In House/Digital Site License
i. Subject to the restrictions set forth herein, licenses for educational institutions to host and stream content online through their password-protected servermay 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 Films 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.
ii. The term of any In House/Digital Site license shall be concurrent with the applicable term set forth in your purchase order from New Day Films. Upon expiration, non-renewal, or any termination of the In House/Digital Site 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.
a. Content licensed for Educational Use may only be shared by Authorized Users within a single, geographically Unified Campus. Permission is also granted for Authorized Users of Distance Learning from that campus and Authorized Users at a satellite campus of that Campus, provided that they are served by the same information network as the main campus and bear the same institutional name and affiliation. Sharing of Streamed Content with other institutions, or with users not specifically affiliated with the Unified Campus is not permitted.
b. Multi-campus K-12 streaming is licensed on a case-by-case basis. Please contact our office to make specific arrangements.
c. Institutional streaming licenses for 3-day, 14-day, 1-year, 3-year and life of file terms permit all Educational Uses, including Classroom Use. However a personal viewing license does not permit use of Streamed Content for Classroom Use.
e. You may not infringe on or violate the intellectual property, privacy, publicity, or other rights of third parties whose work is embodied in the Streamed Content, including the rights of any third parties in any sound recordings, musical compositions, photographs, artwork, literary creations, or other copyrightable works of any kind or nature.
The NEW DAY FILMS service mark and logo belong to New Day Films and all other trademarks on this site are the property of their respective owners. Except as permitted by applicable law, Licensee is prohibited from using any of the trademarks appearing on this site without express written consent from their respective owners.
5. Representations and Warranties of New Day Films
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 Films 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 Licensee
a. Licensee warrants that all information provided is true and accurate. New Day Films 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. Governing Law
a. New Day Films reserves the right to refuse service and terminate accounts at its sole discretion, for cause, including, but not limited to, if it reasonably believes Licensee's conduct violates applicable law or is harmful to New Day Films or its partners and affiliates.
b. New Day Films’ rights, including but not limited to all rights of remedy for Licensee's breach, shall survive the termination of this Agreement.
e. If any part of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remainder of the Agreement shall be interpreted so as to reasonably affect the intentions of the parties.
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