Digital Media License
The Video (as defined below) is provided under the terms of this license. The Video is protected by copyright and/or other applicable law. Any use of the Video other than as authorized under this license or copyright law is prohibited.
By exercising any rights to the Video provided here, you accept and agree to be bound by the terms of this license. To the extent this license may be considered to be a contract, the Licensor grants you the rights contained here in consideration of your acceptance of such terms and conditions.
a. “Adaptation” means a Video based upon the Video, or upon the Video and other pre-existing works, such as a translation, adaptation, derivative work, arrangement of music or other alterations of a literary or artistic work, or phonogram or performance and includes cinematographic adaptations or any other form in which the Video may be recast, transformed, or adapted including in any form recognizably derived from the original.
b. “Distribute” means to make available to the others outside of your entity exercising rights under this License the original and copies of the Video through viewing, sale or other transfer of ownership.
c. “Licensor” means the individual, individuals, entity or entities that offer(s) the Video under the terms of this License.
d. “Original Author” means, in the case of a literary or artistic work, the individual, individuals, entity or entities who created the work or if no individual or entity can be identified, the publisher.
e. “Video” means the literary and/or artistic work offered under the terms of this License including without limitation any production in the literary, scientific and artistic domain, whatever may be the mode or form of its expression including digital form, such as a book, pamphlet and other writing; a lecture, address or other work of the same nature; a cinematographic work to which are assimilated works expressed by a process analogous to cinematography; a performance; a broadcast; or a compilation of data to the extent it is protected as a copyrightable work.
f. “You” means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Video, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
g. “Publicly Perform” means to perform public recitations of the Video and to communicate to the public those public recitations, by any means or process, including by wire or wireless means or public digital performances; to make available to the public Videos in such a way that members of the public may access this Video from a place and at a place individually chosen by them; to perform the Video to the public by any means or process and the communication to the public of the performances of the Video, including by public digital performance; to broadcast and rebroadcast the Video by any means including signs, sounds or images.
h. “Reproduce” means to make copies of the Video by any means including without limitation by sound or visual recordings and the right of fixation and reproducing fixations of the Video, including storage of a protected performance or phonogram in digital form or other electronic medium.
2. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Video as stated below:
a. to Reproduce the Video for purposes of Distributing the Video to members of your entity exercising rights under this License.
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats, but otherwise you have no rights to make Adaptations. Subject to 7(f), all rights not expressly granted by Licensor are hereby reserved, including but not limited to the rights set forth in Section 3(d).
3. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
a. You may Distribute the Video only under the terms of this License. You may not sublicense the Video.
b. You may not exercise any of the rights granted to You in Section 2 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation.
4. Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES IN WRITING, LICENSOR OFFERS THE VIDEO AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE VIDEO, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
5. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE VIDEO, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
a. This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Sections 1, 2, 4, 5, 6, and 7 will survive any termination of this License.
b. Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Video). Notwithstanding the above, Licensor reserves the right to release the Video under different license terms or to stop distributing the Video at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.
a. Each time You Distribute the Video, the Licensor offers to the recipient a license to the Video on the same terms and conditions as the license granted to You under this License.
b. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
c. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
d. This License constitutes the entire agreement between the parties with respect to the Video licensed here. There are no understandings, agreements or representations with respect to the Video not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.