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| Fulldome Show License Agreement
The audio-visual shows created by Loch Ness Productions are copyrighted. As copyright owners, only we have the legal rights to authorize 1) public performances and 2) the making of copies.
Such authorization comes in the form of a License Agreement. It details certain conditions to be met for using the materials we provide in presenting shows to the public. You will need to agree to those conditions in order to receive our authorization. So you know in advance what our terms are, here it is.
We issue licenses for the presenting site only after signed copies of the License Agreement are received. In order to speed the authorization process, print two copies, sign them both and mail them with the order form. We'll sign and return your copy with the show when we ship it.
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| LICENSE AGREEMENT |
AN AGREEMENT is made between Loch Ness Productions, P. O. Box 1159, Groton, Massachusetts, 01450-3159, USA (referred to below as "LICENSOR", "We", "Our", or "Us"), and the planetarium, theater or institution identified below (referred to as "LICENSEE", "You", or "Your").
WHEREAS we have obtained and own certain rights with respect to a collection of copyrighted audio, visual, and textual materials titled ______________________________________ (hereinafter referred to as "the show") and,
WHEREAS you wish to license the right to publicly perform the show, according to the terms of this license,
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, we and you agree to the following terms and conditions:
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1. IN-HOUSE
PERFORMANCE
RIGHTS
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We grant you limited and non-exclusive rights to install the show on a single playback system for display in a single planetarium or theater at your facility. The show's video imagery may be sliced or warped to accommodate projection geometry, as long as the final onscreen display matches our original dome master form. The show may be displayed and performed for public audiences as often as you desire; admission may be charged for the performances.
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2. PERFORMANCE
CONDITIONS
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You agree that when presented in public, the show will always be performed in its entirety. The show may not be excerpted or edited. You may not create derivative works based on the show.
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3. SYNCHRONIZATION
RIGHTS
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We grant you permission to synchronize display of the text of the script using captioning or other text-display devices. We also grant you permission to record and synchronize translated narration tracks with a narrationless soundtrack provided by us for such purpose. Beyond this, you agree not to add or substitute audio or visual material from other sources without first obtaining our express written permission.
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4. COPIES
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We grant you permission to copy only the materials necessary for producing the show as an effective presentation at your site. For example, the video and soundtrack files may be copied from our distribution media onto various media storage devices for theater playback, backup and/or archiving purposes, Beyond these production copies, no portion of the show — visuals, script text or soundtrack — may be duplicated, reproduced, stored in a data retrieval system, distributed or transmitted by any means, whether electronic, mechanical, photocopying, or otherwise, without first obtaining our express written permission.
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5. COPYRIGHT
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The show contains materials copyrighted by Loch Ness Productions, and others which are used under strictly limited permissions from their respective copyright owners. You and your employees agree to abide by all applicable copyright laws, and not reproduce, recreate, duplicate or otherwise make unauthorized copies of copyrighted material, and to take all steps as reasonably necessary to prohibit others from doing the same. The copyright law of the United States (Title 17, U.S. Code) governs the making of reproductions of copyrighted material without permission; certain international copyrights also apply.
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6. OTHER VENUES
AND MEDIA
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You agree that no portion of the show will be displayed or performed outside the licensed site, used in any other program, or transferred to another medium, such as radio or television broadcast, cable or Internet, without first obtaining our express written permission.
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7. PUBLICITY
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In all forms of advertising — e.g., posters, press releases, Web pages, public service announcements — that you create for the show, the credit phrase "This show was created by Loch Ness Productions." must be included. You agree not to state or in any way suggest that the show was created or produced by you or your staff, or that we are presenting the program at your facility. Phrases such as "The McKluth Planetarium presents..." are acceptable in billing the program. Biographical and promotional material provided with the show package about the people involved in the production may be used in publicity releases for the show, but this information may not be altered to state or in any way suggest that any individual or organization in the above-mentioned credit phrase is endorsing, starring in, or making a personal appearance at your presentation.
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8. NON-TRANSFER
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You agree that neither this License nor use of any or all parts of the materials provided in the show shall be transferred, conveyed, granted, assigned or sublicensed to any of your officers, employees, agents or assignees, or to other individuals or organizations. You may not rent, lease, loan, export or resell any portion of the show to any other individual or organization without first obtaining our express written permission.
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9. TERM
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This License shall continue for a term of fifty (50) years, or until otherwise terminated.
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10. TERMINATION
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We retain the unqualified and irrevocable right to terminate this Agreement at any time, without cause, upon verbal, written or electronically transmitted notice to you.
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11. BREACH
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Use of the show for any purpose outside the scope of this License without first obtaining our express written permission shall be a breach of this License. In such event, or if you fail in any of your obligations under this Agreement, this License shall automatically terminate, and you shall promptly return all show materials to us at the above-indicated address. If the termination is due to a breach, we shall be entitled to all proceeds of any kind received by you for such unauthorized use.
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12. AUTHORITY AND
VOLUNTARINESS
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You and we expressly represent and warrant that we each have the requisite power and authority to enter into and to perform the obligations under this Agreement, and have entered into this Agreement voluntarily and without compulsion.
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13. AMENDMENTS
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This Agreement constitutes the entire agreement between you and us, and shall not be modified, except in a written document you and we both sign.
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14. INDEMNITY
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You agree to defend and indemnify us against all claims, losses, liabilities, damages, costs and expenses, including attorney's fees, which we may incur in connection with your breach of this Agreement. This section shall survive termination of this Agreement.
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15. NON-WAIVER
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A failure to enforce any provision of this Agreement at any time shall not nullify our right to enforce the same or any other provision in the future.
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16. JURISDICTION
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The law governing the interpretation and enforcement of this Agreement shall be determined pursuant to the choice of law rules applicable in the jurisdiction in which any action to interpret or enforce this Agreement is commenced.
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17. SEVERABILITY
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In the event that a court of competent jurisdiction enters a final judgment holding invalid any material provision of this Agreement, the remainder of this Agreement shall be fully enforceable.
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18. NO WARRANTY AND LIMITATION OF LIABILITY
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The materials in the show are provided "as is" and without any warranty or condition, whether express, implied or statutory. In no event will we or our suppliers be liable for any lost profits or other consequential, incidental or special damages (however arising, including negligence) in connection with the show or this agreement, even if we have been advised of the possibility of such damages.
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19. PRIVACY STATEMENT
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The Loch Ness Productions Privacy Policy statement found online at <http://www.lochnessproductions.com/privacy.html>, is incorporated herein by reference.
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IN WITNESS WHEREOF, the parties have executed this Agreement, effective on the later of the execution dates shown below.
LICENSOR
For: Loch Ness Productions
By: ________________________________
Printed Name:
___________________________________
Title: ___________________________________
Date: ___________________________________
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LICENSEE
For: ____________________________________
Planetarium/Institution (licensed site)
By: ____________________________________
(authorized signature)
Printed Name: _______________________________________
Title: ___________________________________
Date: ___________________________________
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License Agreement PDF