1. Big Idea, Inc. ("BIG IDEA") herby grants the organization named in the attached PRF ("LICENSEE") a non-exclusive license (the "License") to make use of certain of BIG IDEA's intellectual property and/or to publicly perform certain pre-recorded home videocassettes and videodiscs produced by BIG IDEA, in LICENSEE's facility (ies), for such pupose(s) as more fully described above in the Permission Request Form ("PRF").
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2. BIG IDEA warrants and represents that it has secured the appropriate rights, under the U.S. Copyright Act, Title 17, U.S.C. §101 and §106,to grant this License.
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3. "Term" shall mean the period specified in the "Reply" section on the PRF.
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4. The public use or performance authorized by this License shall take place solely in the venue specified in the PRF. The audience will be limited to LICENSEE's venue and no admission or other fee will be charged to the audience, unless authorized in writing by BIG IDEA.
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5. LICENSEE may publicly perform, or use for such other purpose as authorized by BIG IDEA, the specific titles or intellectual property elements covered by this License by means of lawfully manufactured pre-recorded home videocassettes, videodiscs, or approved use of the intellectual property elements of those titles, acquired by LICENSEE from any legitimate source. The responsibility for obtaining home videocassettes, videodisc, or such other intellectual property elements is that of LICENSEE and the costs of acquiring such home videocassettes, videodiscs, or such other intellectual property elements are to be borne solely by LICENSEE.
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6. LICENSEE may not duplicate, edit or otherwise modify the home videocassettes, videodiscs, or such other intellectual property elements obtained for public performance or such other BIG IDEA authorized use under this License.
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7. Any separate fees which may be due to music publishers, or collection societies for music publishers, or such other rights holders, for the right to publicly perform the music continued in any of the motion pictures covered by this License are solely LICENSEE's responsibility and are not the responsibility of BIG IDEA.
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8. The License may not be assigned by LICENSEE, but may be assigned by BIG IDEA.
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| 9. Any notices which LICENSEE may send to BIG IDEA shall be sent, postage prepaid, to the address provided, or via fax to the number provided on the PRF. Any notices which BIG IDEA may send to LICENSEE shall either be sent, postage prepaid to the address provided, via e-mail if such an address is provided, or via fax if such a number is provided. |
| 10. BIG IDEA reserves the right, exercisable upon written notice, to immediately terminate this License on account of any breach by LICENSEE of its terms and conditions. A waiver by BIG IDEA of any specific breach by LICENSEE shall not constitute a waiver for any prior or subsequent breach. |
| 11. In the event BIG IDEA engages an attorney to enforce its rights under this License by virtue of the breach on the part of LICENSEE, of any term of this License, LICENSEE agrees to pay all actual costs and attorney fees incurred by BIG IDEA. |
12. LICENSEE acknowledges by signed completion of the PRF that the information provided by LICENSEE therein is true, correct and complete in all respects. This License has been duly authorized and constitutes a legal, valid and binding obligation upon LICENSEE and is enforceable by its terms and conditions.
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| 13. Any and all rights not granted to LICENSEE in this License are expressly reserved to BIG IDEA and/or its motion picture licensors. |
| 14. The PRF and these TERMS AND CONDITIONS together contain the full and complete agreement between BIG IDEA and LICENSEE, and shall be construed in accordance with the laws of the United States and the State of Tennesse. |
15. Use of BIG IDEA artwork and images downloaded via websites or sourced from VBS kits and CD-ROMS for promotional purposes shall be subject to the final written approval of BIG IDEA. Each authorized and approved piece of artwork or image must carry the appropriate trademark and/or copyright notices.
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