Hearts of Glass

a film by JenTen Productions

Terms and Conditions Lightbox

Option 1 — PPL: Unlimited/Life of File | Live & DSL: Single | Virtual

Organization Type: K-12, Public Library & College/University

Screening Kit: Premium or Ultimate

 

PUBLIC PERFORMANCE LICENSE (PPL): UNLIMITED | LIFE OF FILE

& DIGITAL SITE LICENSE (DSL): SINGLE SCREENING

 

By signing this document (the “License Agreement” or “Agreement”), you are agreeing to this Public Performance License and Digital Site License for Hearts of Glass (the “Film”). The Film exists in two versions: feature-length (68 min) and PBS-length (57 min). JenTen Productions, LLC (the “Licensor”) grants the user (the “Licensee”) unlimited screenings for the life of the digitally-delivered file of the Film for limited, non-broadcast, public exhibitions on Licensee’s premises (e.g., K-12 school, public library building or geographically-unified college/university campus), where all viewers and playback equipment are in the same room or venue (the “Live Events”). The Licensor also grants the Licensee a single-use license for one online screening (the “Virtual Event”) of the Film to be hosted on the Licensee’s secure server, on a third party’s secure server, or on a secure platform with password-protection and authentication features (e.g., Zoom, Blackboard, Canvas, etc.). This License Agreement applies to both the Film and its associated resources (e.g., viewers’ guide) (the “Film Resources”). Your right to be a Licensee is subject to the following terms and conditions:

You represent and warrant that you have the legal authority to enter into this license agreement and to be bound by its terms. If you are acting on behalf of a company or entity, you represent and warrant that you have the authority to bind such company or entity.

TERMS OF LICENSE

  • Licensee agrees to pay the applicable license fee using a method of payment set forth by Licensor. Subject to payment of this agreed-upon fee and the other terms and conditions herein, Licensor hereby grants to the Licensee the non-exclusive and revocable license to exhibit the Film, in the digital format delivered by Licensor to Licensee, in unlimited Live Events for the life of the file and a single online Virtual Event. Exhibitions must be directly sponsored, co-sponsored, hosted, or presented under the auspices of the Licensee named herein. Licensee also has the right to use the digitally-delivered Film Resources in support of public exhibitions. The Film and Film Resources may not be copied to any other format or used for any purpose not specified in this Agreement.

 

  • The one Virtual Event may be a synchronous (live) or an asynchronous streaming (multiple user, video on demand format) only. Licensee must guarantee a password-protected environment that prevents viewers from downloading the Film or Film Resources. Licensee may then deliver the contents of these files via password-protected digital streaming using IP, VPN, proxy server, or similar secure authentication methods to faculty, staff, students, visiting faculty, business invitees, walk-in patrons, account holders and necessary contractors who have authenticated or physical access to the institution’s computer network.

 

  • The public exhibition of the film shall be defined as any display, performance, viewing, screening or playback of the DVD, Blu-ray, digital file or other medium, delivered by Licensor to Licensee, occurring at a place outside of the home, or at any place where people are gathered who are not family members, such as in a school, library, auditorium, classroom or meeting room.

 

  • Licensee may charge an admission fee, as long as the screening is not a fundraising event. To use the film for a fundraiser, please contact the Licensor.

 

  • Licensee is not bound to exhibit the Film in its entirety and may exhibit portions or excerpts of the Film as needed, but shall not duplicate, “burn,” cut, edit, alter, digitize, compress or “rip” the Film or otherwise tamper therewith. In no event shall the Film or excerpts be exhibited without complete attribution to Licensor.

 

  • Licensee shall not sublicense, sublease, rent, sell, transfer, loan or otherwise part with the possession of the Film, in any format secured by Licensee, to any third parties, including, but not limited to, individuals, organizations, schools or businesses. While Licensee may exhibit the Film in collaboration with co-sponsors or co-hosting organizations, public exhibition rights are non-transferable to such co-sponsors and a direct representative of the Licensee must be party to and present at all exhibitions. Licensee acknowledges that the Film may not be utilized in any manner other than as expressly specified herein. This provision supersedes all First Sale Doctrine rights, if and to the extent the same may apply. Without limitation of any other provision herein, Licensee shall not, without separate written consent from Licensor: (i) upload the Film to the open Internet in any manner; (ii) copy and/or transfer the Film to others by any mechanism.

 

  • Legal title to the Film and the Film Resources shall at all times remain with Licensor and all rights therein are reserved to Licensor. The term “payment” as used herein means specifically payment only for the right and license for Licensee to publicly exhibit the Film unlimited times for the life of the file, but without any change in ownership or title and otherwise subject to the terms and conditions of this Agreement.

 

  • The Licensee understands and agrees that the Film is not being offered for sale, but is being licensed for use solely as set forth herein, with the Film remaining the sole property of Licensor. Nothing herein shall derogate from any rights of Licensor or any other copyright proprietor(s) of the Film under the United States copyright law.
  • The term of this license shall: 1) commence from the date of signature and remain in effect for the life of the digital file of the Film for Live Events, and 2) commence from the date of signature and remain in effect for one Virtual Event, so long as Licensee’s video delivery system, as previously defined, continues to be the method of delivery. If the delivery system becomes obsolete, then a new mutually acceptable license must be negotiated for delivering the Film and Film Resources.
  • An MP4 file of the Film will be provided after purchase as will PDFs of Film Resources. If any files are corrupted or unplayable, Licensor will provide replacements within seven (7) days of written notification by Licensee. The files may be securely stored for archival purposes for the life of the files.
  • Licensor warrants and represents that it has the right to enter into this Agreement and to deliver the Film “as is.” This warranty is in lieu of any and all other warranties, written or oral, express or implied, including without limitation, warranties of merchantability of fitness for a particular purpose, all of which Licensor disclaims. In no event will Licensor be liable for more than the license fee paid, whether such liability arises from breach of warranty, breach of this contract or otherwise, and whether in contract or in tort, including negligence and strict liability.
  • Licensee agrees to provide adequate security for protection of the Film and the Film Resources from piracy, theft or other misuse while they are stored on systems controlled, owned, leased or otherwise contracted for use by Licensee. Licensee further agrees to assume full responsibility under the copyright laws of the United States for failure to do so.
  • Each party shall indemnify and hold the other harmless for any losses, claims, damages, awards, penalties, or injuries incurred by any third party, including reasonable attorney’s fees, which arise from any alleged breach of such indemnifying party’s representations and warranties made under this Agreement, provided that the indemnifying party is promptly notified of any such claims. This indemnity shall survive the termination of this Agreement.
  • If Licensee breaches any term of this Agreement, the Licensor may, in addition to its other legal rights and remedies, terminate this license seven (7) days after written notice to Licensee, if Licensee has not remedied the breach within the seven (7) days. Upon any termination, Licensee will erase all electronic storage of copies of the Film and Film Resources. Any termination will not affect the obligation or liability of a party arising prior to termination, and the provisions of this paragraph will survive any termination.
  • This Agreement shall not be assignable by Licensee and any such assignment shall be null and void.
  • This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof, and any amendments, changes, or modifications shall have legal effect and be binding only if made in writing and signed by both parties.

Option 2 — PPL: Unlimited/Life of File | Live & DSL: Unlimited/Life of File | Virtual

Organization Type: K-12, Public Library & College/University

Screening Kit: Premium or Ultimate

 

PUBLIC PERFORMANCE LICENSE (PPL)

& DIGITAL SITE LICENSE (DSL): UNLIMITED | LIFE OF FILE

 

By signing this document (the “License Agreement” or “Agreement”), you are agreeing to this Public Performance License and Digital Site License for Hearts of Glass (the “Film”). The Film exists in two versions: feature-length (68 min) and PBS-length (57 min). JenTen Productions, LLC (the “Licensor”) grants the user (the “Licensee”) a license for unlimited screenings for the life of the digitally-delivered file of the Film for each of the following: 1) limited, non-broadcast, public exhibitions on Licensee’s premises (e.g., K-12 school, public library building or geographically-unified college/university campus), where all viewers and playback equipment are in the same room or venue (the “Live Events”), and 2) online screenings (the “Virtual Events”) to be hosted on the Licensee’s secure server, on a third party’s secure server, or on a secure platform with password-protection and authentication features (e.g., Zoom, Blackboard, Canvas, etc.). This License Agreement applies to both the Film and its associated resources, e.g., viewers’ guide (“Film Resources”). Your right to be a Licensee is subject to the following terms and conditions:

You represent and warrant that you have the legal authority to enter into this Agreement and to be bound by its terms. If you are acting on behalf of a company or entity, you represent and warrant that you have the authority to bind such company or entity.

TERMS OF LICENSE:

  • Licensee agrees to pay the applicable license fee using a method of payment set forth by Licensor. Subject to payment of this agreed-upon fee and the other terms and conditions herein, Licensor hereby grants to the Licensee the non-exclusive and revocable license to exhibit the Film, in the digital format delivered by Licensor to Licensee, via unlimited Live and Virtual Events for the life of the file. Licensee also has the right to use the digitally-delivered Film Resources in support of online screenings.

 

  • Digitized material including the Film and Film Resources are for use in Live and Virtual Events. A Virtual Event may be a synchronous (live) or an asynchronous streaming (multiple user, video on demand format) only. The Film and Film Resources may not be copied to any other format or used for any purpose not specified in this Agreement

 

  • The public exhibition of the film shall be defined as any display, performance, viewing, screening or playback of the DVD, Blu-ray, digital file or other medium, delivered by Licensor to Licensee, occurring at a place outside of the home, or at any place where people are gathered who are not family members, such as in a school, library, auditorium, classroom or meeting room.

 

  • Licensee must guarantee a password-protected environment that prevents viewers from downloading the Film or Film Resources. Licensee may then deliver the contents of these files via password-protected digital streaming using IP, VPN, proxy server, or similar secure authentication methods to faculty, staff, students, visiting faculty, business invitees, walk-in patrons, account holders and necessary contractors who have authenticated or physical access to the institution’s computer network.

 

  • Licensee may charge an admission fee, as long as the screening is not a fundraising event. To use the film for a fundraiser, please contact the Licensor.

 

  • Licensee is not bound to exhibit the Film in its entirety and may exhibit portions or excerpts of the Film as needed, but shall not duplicate, “burn,” cut, edit, alter, digitize, compress or “rip” the Film or otherwise tamper therewith. In no event shall the Film or excerpts be exhibited without complete attribution to Licensor.

 

  • Licensee agrees that it shall not permit the Film to be sublicensed, subleased, rented, sold, transferred, loaned, televised or made available online to any other party not contained herein at any time or in any matter other than provided for in this Agreement.

 

  • Legal title to the Film and the Film Resources shall at all times remain with Licensor and all rights therein are reserved to Licensor. The term “payment” as used herein means specifically payment only for the right and license for Licensee to present unlimited Live and Virtual Events for the life of the Film file, but without any change in ownership or title and otherwise subject to the terms and conditions of this Agreement.
  • Licensee understands and agrees that the Film is not being offered for sale, but is being licensed for use solely as set forth herein, with the Film remaining the sole property of Licensor. Nothing herein shall derogate from any rights of Licensor or any other copyright proprietor(s) of the Film under the United States Copyright Law.
  • The term of this license shall commence from the date of signature and remain in effect for the life of the file, so long as Licensee’s video delivery system, as previously defined, continues to be the method of delivery. If the delivery system becomes obsolete, then a new mutually acceptable license must be negotiated for delivering the Film and Film Resources.
  • An MP4 file of the Film will be provided after purchase as will PDFs of Film Resources. If any files are corrupted or unplayable, Licensor will provide replacements within seven (7) days of written notification by Licensee. The Film and the Film Resources may be securely stored for archival purposes for the life of the files.
  • Licensor warrants and represents that it has the right to enter into this Agreement and to deliver the Film “as is.” This warranty is in lieu of any and all other warranties, written or oral, express or implied, including without limitation, warranties of merchantability of fitness for a particular purpose, all of which Licensor disclaims. In no event will Licensor be liable for more than the license fee paid, whether such liability arises from breach of warranty, breach of this contract or otherwise, and whether in contract or in tort, including negligence and strict liability.
  • Licensee agrees to provide adequate security for protection of the Film and the Film Resources from piracy, theft or other misuse while they are stored on systems controlled, owned, leased or otherwise contracted for use by Licensee. Licensee further agrees to assume full responsibility under the copyright laws of the United States for failure to do so.
  • Each party shall indemnify and hold the other harmless for any losses, claims, damages, awards, penalties, or injuries incurred by any third party, including reasonable attorney’s fees, which arise from any alleged breach of such indemnifying party’s representations and warranties made under this Agreement, provided that the indemnifying party is promptly notified of any such claims. This indemnity shall survive the termination of this Agreement.
  • If Licensee breaches any term of this Agreement, Licensor may, in addition to its other legal rights and remedies, terminate this license seven (7) days after written notice to Licensee, if Licensee has not remedied the breach within the seven (7) days. Upon any termination, Licensee will erase all electronic storage of copies of the Film and Film Resources. Any termination will not affect the obligation or liability of a party arising prior to termination, and the provisions of this paragraph will survive any termination.
  • This Agreement shall not be assignable by Licensee and any such assignment shall be null and void.
  • This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof, and any amendments, changes, or modifications shall have legal effect and be binding only if made in writing and signed by both parties.

 

 

 

 

 

 

 

 

Option 3 — PPL: Single | Live & DSL: Single | Virtual

Organization Type: Community Group, Gov’t Agency & Nonprofit

Screening Kit: Premium or Ultimate

 

PUBLIC PERFORMANCE LICENSE (PPL)

& DIGITAL SITE LICENSE (DSL): SINGLE SCREENING

 

By signing this document (the “License Agreement” or “Agreement”), you are agreeing to this Public Performance License and Digital Site License for Hearts of Glass (the “Film”). The Film exists in two versions: feature-length (68 min) and PBS-length (57 min). JenTen Productions, LLC (the “Licensor”) grants the user (the “Licensee”) a single-use license for each of the following: 1) one limited, non-broadcast, public exhibition on the Licensee’s premises or in a limited geographic area served by the Licensee (e.g., a city, a region of a state), where all viewers and playback equipment are in the same room or venue (the “Live Event”), and 2) one online screening (the “Virtual Event”) to be hosted on the Licensee’s secure server, on a third party’s secure server, or on a secure platform with password-protection and authentication features (e.g., Zoom, Blackboard, Canvas, etc.). This License Agreement applies to both the Film and its associated resources, e.g., viewers’ guide (“Film Resources”). Your right to be a Licensee is subject to the following terms and conditions:

You represent and warrant that you have the legal authority to enter into this license agreement and to be bound by its terms. If you are acting on behalf of a company or entity, you represent and warrant that you have the authority to bind such company or entity.

TERMS OF LICENSE

  • Licensee agrees to pay the applicable license fee using a method of payment set forth by Licensor. Subject to payment of this agreed-upon fee and the other terms and conditions herein, Licensor hereby grants to Licensee the non-exclusive and revocable license to exhibit the digitally-downloaded file of the Film: 1) in a one-time public exhibition to be directly sponsored, co-sponsored, hosted, or presented under the auspices of the Licensee named herein, 2) in a one-time online screening. Licensee also has the right to use the digitally-delivered Film Resources in support of the Live Event and Virtual Event.

 

  • Digitized material including the Film and Film Resources are for use in one Live and one Virtual Event. A Virtual Event may be a synchronous (live) or an asynchronous streaming (multiple user, video on demand format) only. The Film and Film Resources may not be copied to any other format or used for any purpose not specified in this Agreement

 

  • The public exhibition of the film shall be defined as any display, performance, viewing, screening or playback of the DVD, Blu-ray, digital file or other medium, delivered by Licensor to Licensee, occurring at a place outside of the home, or at any place where people are gathered who are not family members, such as in a school, library, auditorium, classroom or meeting room.

 

  • Licensee must guarantee a password-protected environment that prevents viewers from downloading the Film or Film Resources. Licensee may then deliver the contents of these files via password-protected digital streaming using IP, VPN, proxy server, or similar secure authentication methods to staff, members or stakeholders who have authenticated or physical access to the organization’s computer network.

 

  • Licensee may charge an admission fee, as long as the screening is not a fundraising event. To use the film for a fundraiser, please contact the Licensor.

 

  • Licensee is not bound to exhibit the Film in its entirety and may exhibit portions or excerpts of the Film as needed, but shall not duplicate, “burn,” cut, edit, alter, digitize, compress or “rip” the Film or otherwise tamper therewith. In no event shall the Film or excerpts be exhibited without complete attribution to Licensor.

 

  • Licensee shall not sublicense, sublease, rent, sell, transfer, loan or otherwise part with the possession of the Film, in any format secured by Licensee, to any third parties, including, but not limited to, individuals, organizations, schools or businesses. While Licensee may exhibit the Film in collaboration with co-sponsors or co-hosting organizations, public exhibition rights are non-transferable to such co-sponsors and a direct representative of the Licensee must be party to and present at the exhibition. Licensee acknowledges that the Film may not be utilized in any manner other than as expressly specified herein. This provision supersedes all First Sale Doctrine rights, if and to the extent the same may apply. Without limitation of any other provision herein, Licensee shall not, without separate written consent from Licensor: (i) upload the Film to the open Internet in any manner; (ii) copy and/or transfer the Film to others by any mechanism.

 

  • Legal title to the Film and Film Resources shall at all times remain with Licensor and all rights therein are reserved to Licensor. The term “payment” as used herein means specifically payment only for the right and license for Licensee to publicly exhibit the Film once in a Live Event and once in a Virtual Event, but without any change in ownership or title and otherwise subject to the terms and conditions of this Agreement.

 

  • Licensee understands and agrees that the Film is not being offered for sale, but is being licensed for use solely as set forth herein, with the Film remaining the sole property of Licensor. Nothing herein shall derogate from any rights of Licensor or any other copyright proprietor(s) of the Film under United States copyright law.

 

  • The term of this license shall commence from the date of signature and remain in effect for one Live Event and one Virtual Event, so long as Licensee’s video delivery system, as previously defined, continues to be the method of delivery. If the delivery system becomes obsolete, then a new mutually acceptable license must be negotiated for delivering the Film and Film Resources

 

  • An MP4 file of the Film will be provided after purchase as will PDFs of Film Resources. If any files are corrupted or unplayable, Licensor will provide replacements within seven (7) days of written notification by Licensee. The files may be securely stored for archival purposes until the completion of the screenings. Upon completion of the screenings, Licensee will erase all electronic copies of the Film.

 

  • Licensor warrants and represents that it has the right to enter into this Agreement and to deliver the Film “as is.” This warranty is in lieu of any and all other warranties, written or oral, express or implied, including without limitation, warranties of merchantability of fitness for a particular purpose, all of which Licensor disclaims. In no event will Licensor be liable for more than the license fee paid, whether such liability arises from breach of warranty, breach of this contract or otherwise, and whether in contract or in tort, including negligence and strict liability.

 

  • Licensee agrees to provide adequate security for protection of the Film and the Film Resources from piracy, theft or other misuse while they are stored on systems controlled, owned, leased or otherwise contracted for use by Licensee. Licensee further agrees to assume full responsibility under the copyright laws of the United States for failure to do so.

 

  • Each party shall indemnify and hold the other harmless for any losses, claims, damages, awards, penalties, or injuries incurred by any third party, including reasonable attorney’s fees, which arise from any alleged breach of such indemnifying party’s representations and warranties made under this Agreement, provided that the indemnifying party is promptly notified of any such claims. This indemnity shall survive the termination of this Agreement.

 

  • If Licensee breaches any term of this Agreement, Licensor may, in addition to its other legal rights and remedies, terminate this license seven (7) days after written notice to Licensee, if Licensee has not remedied the breach within the seven (7) days. Upon any termination, Licensee will erase all electronic storage of copies of the Film and Film Resources. Any termination will not affect the obligation or liability of a party arising prior to termination, and the provisions of this paragraph will survive any termination.

 

  • This Agreement shall not be assignable by Licensee and any such assignment shall be null and void.

 

  • This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof, and any amendments, changes, or modifications shall have legal effect and be binding only if made in writing and signed by both parties.

 

 

 

 

 

 

Option 4— PPL: Single | Live & DSL: Unlimited/Life of File | Virtual

Organization Type: Community Group, Gov’t Agency & Nonprofit

Screening Kit: Premium or Ultimate

 

PUBLIC PERFORMANCE LICENSE (PPL): SINGLE SCREENING

& DIGITAL SITE LICENSE (DSL): UNLIMITED | LIFE OF FILE

 

By signing this document (the “License Agreement” or “Agreement”), you are agreeing to this Public Performance License and Digital Site License for Hearts of Glass (the “Film”). The Film exists in two versions: feature-length (68 min) and PBS-length (57 min). JenTen Productions, LLC (the “Licensor”) grants the user (the “Licensee”) a single-use license for a limited, non-broadcast, public exhibition on the Licensee’s premises or in a limited geographic area served by the Licensee (e.g., a city, a region of a state), where all viewers and playback equipment are in the same room or venue (the “Live Event”). The Licensor also grants the Licensee a license for unlimited online screenings (the “Virtual Events”) for the life of the digitally-delivered file of the Film to be hosted on the Licensee’s secure server, on a third party’s secure server, or on a secure platform with password-protection and authentication features (e.g., Zoom, Blackboard, Canvas, etc.). This License Agreement applies to both the Film and its associated resources, e.g., viewers’ guide (“Film Resources”). Your right to be a Licensee is subject to the following terms and conditions:

You represent and warrant that you have the legal authority to enter into this license agreement and to be bound by its terms. If you are acting on behalf of a company or entity, you represent and warrant that you have the authority to bind such company or entity.

TERMS OF LICENSE

  • Licensee agrees to pay the applicable license fee using a method of payment set forth by Licensor. Subject to payment of this agreed-upon fee and the other terms and conditions herein, Licensor hereby grants to Licensee the non-exclusive and revocable license to exhibit the digitally-downloaded file of the Film: 1) in a one-time public exhibition to be directly sponsored, co-sponsored, hosted, or presented under the auspices of the Licensee named herein, and 2) in unlimited online screenings. Licensee also has the right to use the digitally-delivered Film Resources in support of the one Live Event and multiple Virtual Events.

 

  • Digitized material including the Film and Film Resources are for use in one Live and one Virtual Event. A Virtual Event may be a synchronous (live) or an asynchronous streaming (multiple user, video on demand format) only. The Film and Film Resources may not be copied to any other format or used for any purpose not specified in this Agreement

 

  • The public exhibition of the film shall be defined as any display, performance, viewing, screening or playback of the DVD, Blu-ray, digital file or other medium, delivered by Licensor to Licensee, occurring at a place outside of the home, or at any place where people are gathered who are not family members, such as in a school, library, auditorium, classroom or meeting room.

 

  • Licensee must guarantee a password-protected environment that prevents viewers from downloading the Film or Film Resources. Licensee may then deliver the contents of these files via password-protected digital streaming using IP, VPN, proxy server, or similar secure authentication methods to staff, members or stakeholders who have authenticated or physical access to the organization’s computer network.

 

  • Licensee may charge an admission fee, as long as the screening is not a fundraising event. To use the film for a fundraiser, please contact the Licensor.

 

  • Licensee is not bound to exhibit the Film in its entirety and may exhibit portions or excerpts of the Film as needed, but shall not duplicate, “burn,” cut, edit, alter, digitize, compress or “rip” the Film or otherwise tamper therewith. In no event shall the Film or excerpts be exhibited without complete attribution to Licensor.

 

  • Licensee shall not sublicense, sublease, rent, sell, transfer, loan or otherwise part with the possession of the Film, in any format secured by Licensee, to any third parties, including, but not limited to, individuals, organizations, schools or businesses. While Licensee may exhibit the Film in collaboration with co-sponsors or co-hosting organizations, public exhibition rights are non-transferable to such co-sponsors and a direct representative of the Licensee must be party to and present at the exhibition. Licensee acknowledges that the Film may not be utilized in any manner other than as expressly specified herein. This provision supersedes all First Sale Doctrine rights, if and to the extent the same may apply. Without limitation of any other provision herein, Licensee shall not, without separate written consent from Licensor: (i) upload the Film to the open Internet in any manner; (ii) copy and/or transfer the Film to others by any mechanism.

 

  • Legal title to the Film and Film Resources shall at all times remain with Licensor and all rights therein are reserved to Licensor. The term “payment” as used herein means specifically payment only for the right and license for Licensee to publicly exhibit the Film once in a Live Event and once in a Virtual Event, but without any change in ownership or title and otherwise subject to the terms and conditions of this Agreement.

 

  • Licensee understands and agrees that the Film is not being offered for sale, but is being licensed for use solely as set forth herein, with the Film remaining the sole property of Licensor. Nothing herein shall derogate from any rights of Licensor or any other copyright proprietor(s) of the Film under United States copyright law.

 

  • The term of this license shall commence from the date of signature and remain in effect for one Live Event and for the life of the file of the Film for Virtual Events, so long as Licensee’s video delivery system, as previously defined, continues to be the method of delivery. If the delivery system becomes obsolete, then a new mutually acceptable license must be negotiated for delivering the Film and Film Resources.

 

  • An MP4 file of the Film will be provided after purchase as will PDFs of Film Resources. If any files are corrupted or unplayable, Licensor will provide replacements within seven (7) days of written notification by Licensee. The files may be securely stored for archival purposes until the completion of the screenings. Upon completion of the screenings, Licensee will erase all electronic copies of the Film.

 

  • Licensor warrants and represents that it has the right to enter into this Agreement and to deliver the Film “as is.” This warranty is in lieu of any and all other warranties, written or oral, express or implied, including without limitation, warranties of merchantability of fitness for a particular purpose, all of which Licensor disclaims. In no event will Licensor be liable for more than the license fee paid, whether such liability arises from breach of warranty, breach of this contract or otherwise, and whether in contract or in tort, including negligence and strict liability.

 

  • Licensee agrees to provide adequate security for protection of the Film and the Film Resources from piracy, theft or other misuse while they are stored on systems controlled, owned, leased or otherwise contracted for use by Licensee. Licensee further agrees to assume full responsibility under the copyright laws of the United States for failure to do so.

 

  • Each party shall indemnify and hold the other harmless for any losses, claims, damages, awards, penalties, or injuries incurred by any third party, including reasonable attorney’s fees, which arise from any alleged breach of such indemnifying party’s representations and warranties made under this Agreement, provided that the indemnifying party is promptly notified of any such claims. This indemnity shall survive the termination of this Agreement.

 

  • If Licensee breaches any term of this Agreement, Licensor may, in addition to its other legal rights and remedies, terminate this license seven (7) days after written notice to Licensee, if Licensee has not remedied the breach within the seven (7) days. Upon any termination, Licensee will erase all electronic storage of copies of the Film and Film Resources. Any termination will not affect the obligation or liability of a party arising prior to termination, and the provisions of this paragraph will survive any termination.

 

  • This Agreement shall not be assignable by Licensee and any such assignment shall be null and void.

 

  • This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof, and any amendments, changes, or modifications shall have legal effect and be binding only if made in writing and signed by both parties.

 

 

 

 

Option 5 — PPL: Unlimited/Life of File | Live & DSL: Single | Virtual

Organization Type: Community Group, Gov’t Agency & Nonprofit

Screening Kit: Premium or Ultimate

 

PUBLIC PERFORMANCE LICENSE (PPL): UNLIMITED | LIFE OF FILE

& DIGITAL SITE LICENSE (DSL): SINGLE SCREENING

 

By signing this document (the “License Agreement” or “Agreement”), you are agreeing to this Public Performance License and Digital Site License for Hearts of Glass (the “Film”). The Film exists in two versions: feature-length (68 min) and PBS-length (57 min). JenTen Productions, LLC (the “Licensor”) grants the user (the “Licensee”) unlimited screenings for the life of the digitally-delivered file of the Film for limited, non-broadcast, public exhibitions on the Licensee’s premises or in a limited geographic area served by the Licensee (e.g., a city, a region of a state), where all viewers and playback equipment are in the same room or venue (the “Live Event”). The Licensor also grants the Licensee a single-use license for one online screening (the “Virtual Event”) of the Film to be hosted on the Licensee’s secure server, on a third party’s secure server, or on a secure platform with password-protection and authentication features (e.g., Zoom, Blackboard, Canvas, etc.). This License Agreement applies to both the Film and its associated resources (e.g., viewers’ guide) (the “Film Resources”). Your right to be a Licensee is subject to the following terms and conditions:

You represent and warrant that you have the legal authority to enter into this license agreement and to be bound by its terms. If you are acting on behalf of a company or entity, you represent and warrant that you have the authority to bind such company or entity.

TERMS OF LICENSE

  • Licensee agrees to pay the applicable license fee using a method of payment set forth by Licensor. Subject to payment of this agreed-upon fee and the other terms and conditions herein, Licensor hereby grants to the Licensee the non-exclusive and revocable license to exhibit the Film, in the digital format delivered by Licensor to Licensee, in unlimited Live Events for the life of the file and a single online Virtual Event. Exhibitions must be directly sponsored, co-sponsored, hosted, or presented under the auspices of the Licensee named herein. Licensee also has the right to use the digitally-delivered Film Resources in support of public exhibitions.

 

  • Digitized material including the Film and Film Resources are for use in unlimited Live Events and one Virtual Event. A Virtual Event may be a synchronous (live) or an asynchronous streaming (multiple user, video on demand format) only. The Film and Film Resources may not be copied to any other format or used for any purpose not specified in this Agreement.

 

  • The public exhibition of the film shall be defined as any display, performance, viewing, screening or playback of the DVD, Blu-ray, digital file or other medium, delivered by Licensor to Licensee, occurring at a place outside of the home, or at any place where people are gathered who are not family members, such as in a school, library, auditorium, classroom or meeting room.

 

  • Licensee must guarantee a password-protected environment that prevents viewers from downloading the Film or Film Resources. Licensee may then deliver the contents of these files via password-protected digital streaming using IP, VPN, proxy server, or similar secure authentication methods to staff, members or stakeholders who have authenticated or physical access to the organization’s computer network.

 

  • Licensee may charge an admission fee, as long as the screening is not a fundraising event. To use the film for a fundraiser, please contact the Licensor.

 

  • Licensee is not bound to exhibit the Film in its entirety and may exhibit portions or excerpts of the Film as needed, but shall not duplicate, “burn,” cut, edit, alter, digitize, compress or “rip” the Film or otherwise tamper therewith. In no event shall the Film or excerpts be exhibited without complete attribution to Licensor.

 

  • Licensee shall not sublicense, sublease, rent, sell, transfer, loan or otherwise part with the possession of the Film, in any format secured by Licensee, to any third parties, including, but not limited to, individuals, organizations, schools or businesses. While Licensee may exhibit the Film in collaboration with co-sponsors or co-hosting organizations, public exhibition rights are non-transferable to such co-sponsors and a direct representative of the Licensee must be party to and present at the exhibition. Licensee acknowledges that the Film may not be utilized in any manner other than as expressly specified herein. This provision supersedes all First Sale Doctrine rights, if and to the extent the same may apply. Without limitation of any other provision herein, Licensee shall not, without separate written consent from Licensor: (i) upload the Film to the open Internet in any manner; (ii) copy and/or transfer the Film to others by any mechanism.

 

  • Legal title to the Film and Film Resources shall at all times remain with Licensor and all rights therein are reserved to Licensor. The term “payment” as used herein means specifically payment only for the right and license for Licensee to publicly exhibit the Film once in a Live Event and once in a Virtual Event, but without any change in ownership or title and otherwise subject to the terms and conditions of this Agreement.

 

  • Licensee understands and agrees that the Film is not being offered for sale, but is being licensed for use solely as set forth herein, with the Film remaining the sole property of Licensor. Nothing herein shall derogate from any rights of Licensor or any other copyright proprietor(s) of the Film under United States copyright law.

 

  • The term of this license shall commence from the date of signature and remain in effect for one Live Event and for the life of the file of the Film for Virtual Events, so long as Licensee’s video delivery system, as previously defined, continues to be the method of delivery. If the delivery system becomes obsolete, then a new mutually acceptable license must be negotiated for delivering the Film and Film Resources.

 

  • An MP4 file of the Film will be provided after purchase as will PDFs of Film Resources. If any files are corrupted or unplayable, Licensor will provide replacements within seven (7) days of written notification by Licensee. The files may be securely stored for archival purposes until the completion of the screenings. Upon completion of the screenings, Licensee will erase all electronic copies of the Film.

 

  • Licensor warrants and represents that it has the right to enter into this Agreement and to deliver the Film “as is.” This warranty is in lieu of any and all other warranties, written or oral, express or implied, including without limitation, warranties of merchantability of fitness for a particular purpose, all of which Licensor disclaims. In no event will Licensor be liable for more than the license fee paid, whether such liability arises from breach of warranty, breach of this contract or otherwise, and whether in contract or in tort, including negligence and strict liability.

 

  • Licensee agrees to provide adequate security for protection of the Film and the Film Resources from piracy, theft or other misuse while they are stored on systems controlled, owned, leased or otherwise contracted for use by Licensee. Licensee further agrees to assume full responsibility under the copyright laws of the United States for failure to do so.

 

  • Each party shall indemnify and hold the other harmless for any losses, claims, damages, awards, penalties, or injuries incurred by any third party, including reasonable attorney’s fees, which arise from any alleged breach of such indemnifying party’s representations and warranties made under this Agreement, provided that the indemnifying party is promptly notified of any such claims. This indemnity shall survive the termination of this Agreement.

 

  • If Licensee breaches any term of this Agreement, Licensor may, in addition to its other legal rights and remedies, terminate this license seven (7) days after written notice to Licensee, if Licensee has not remedied the breach within the seven (7) days. Upon any termination, Licensee will erase all electronic storage of copies of the Film and Film Resources. Any termination will not affect the obligation or liability of a party arising prior to termination, and the provisions of this paragraph will survive any termination.

 

  • This Agreement shall not be assignable by Licensee and any such assignment shall be null and void.

 

  • This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof, and any amendments, changes, or modifications shall have legal effect and be binding only if made in writing and signed by both parties.

 

 

 

Option 6 — PPL: Unlimited/Life of File | Live & & DSL: Unlimited/Life of File | Virtual

Organization Type: Community Group, Gov’t Agency & Nonprofit

Screening Kit: Premium or Ultimate

 

PUBLIC PERFORMANCE LICENSE (PPL)

& DIGITAL SITE LICENSE (DSL): UNLIMITED | LIFE OF FILE

 

By signing this document (the “License Agreement” or “Agreement”), you are agreeing to this Public Performance License and Digital Site License for Hearts of Glass (the “Film”). The Film exists in two versions: feature-length (68 min) and PBS-length (57 min). JenTen Productions, LLC (the “Licensor”) grants the user (the “Licensee”) a license for unlimited screenings for the life of the digitally-delivered file of the Film for each of the following: 1) limited, non-broadcast, public exhibitions on the Licensee’s premises or in a limited geographic area served by the Licensee (e.g., a city, a region of a state), where all viewers and playback equipment are in the same room or venue (the “Live Events”), and 2) online screenings (the “Virtual Events”) to be hosted on the Licensee’s secure server, on a third party’s secure server, or on a secure platform with password-protection and authentication features (e.g., Zoom, Blackboard, Canvas, etc.). This License Agreement applies to both the Film and its associated resources, e.g., viewers’ guide (“Film Resources”). Your right to be a Licensee is subject to the following terms and conditions:

You represent and warrant that you have the legal authority to enter into this license agreement and to be bound by its terms. If you are acting on behalf of a company or entity, you represent and warrant that you have the authority to bind such company or entity.

TERMS OF LICENSE

  • Licensee agrees to pay the applicable license fee using a method of payment set forth by Licensor. Subject to payment of this agreed-upon fee and the other terms and conditions herein, Licensor hereby grants to the Licensee the non-exclusive and revocable license to exhibit the Film, in the digital format delivered by Licensor to Licensee, via unlimited Live and Virtual Events for the life of the file. Exhibitions must be directly sponsored, co-sponsored, hosted, or presented under the auspices of the Licensee named herein. Licensee also has the right to use the digitally-delivered Film Resources in support of public exhibitions.

 

  • Digitized material including the Film and Film Resources are for use in unlimited Live and Virtual Events. A Virtual Event may be a synchronous (live) or an asynchronous streaming (multiple user, video on demand format) only. The Film and Film Resources may not be copied to any other format or used for any purpose not specified in this Agreement.

 

  • The public exhibition of the film shall be defined as any display, performance, viewing, screening or playback of the DVD, Blu-ray, digital file or other medium, delivered by Licensor to Licensee, occurring at a place outside of the home, or at any place where people are gathered who are not family members, such as in a school, library, auditorium, classroom or meeting room.

 

  • Licensee must guarantee a password-protected environment that prevents viewers from downloading the Film or Film Resources. Licensee may then deliver the contents of these files via password-protected digital streaming using IP, VPN, proxy server, or similar secure authentication methods to staff, members or stakeholders who have authenticated or physical access to the organization’s computer network.

 

  • Licensee may charge an admission fee, as long as the screening is not a fundraising event. To use the film for a fundraiser, please contact the Licensor.

 

  • Licensee is not bound to exhibit the Film in its entirety and may exhibit portions or excerpts of the Film as needed, but shall not duplicate, “burn,” cut, edit, alter, digitize, compress or “rip” the Film or otherwise tamper therewith. In no event shall the Film or excerpts be exhibited without complete attribution to Licensor.

 

  • Licensee shall not sublicense, sublease, rent, sell, transfer, loan or otherwise part with the possession of the Film, in any format secured by Licensee, to any third parties, including, but not limited to, individuals, organizations, schools or businesses. While Licensee may exhibit the Film in collaboration with co-sponsors or co-hosting organizations, public exhibition rights are non-transferable to such co-sponsors and a direct representative of the Licensee must be party to and present at the exhibition. Licensee acknowledges that the Film may not be utilized in any manner other than as expressly specified herein. This provision supersedes all First Sale Doctrine rights, if and to the extent the same may apply. Without limitation of any other provision herein, Licensee shall not, without separate written consent from Licensor: (i) upload the Film to the open Internet in any manner; (ii) copy and/or transfer the Film to others by any mechanism.

 

  • Legal title to the Film and Film Resources shall at all times remain with Licensor and all rights therein are reserved to Licensor. The term “payment” as used herein means specifically payment only for the right and license for Licensee to publicly exhibit the Film once in a Live Event and once in a Virtual Event, but without any change in ownership or title and otherwise subject to the terms and conditions of this Agreement.

 

  • Licensee understands and agrees that the Film is not being offered for sale, but is being licensed for use solely as set forth herein, with the Film remaining the sole property of Licensor. Nothing herein shall derogate from any rights of Licensor or any other copyright proprietor(s) of the Film under United States copyright law.

 

  • The term of this license shall commence from the date of signature and remain in effect for one Live Event and for the life of the file of the Film for Virtual Events, so long as Licensee’s video delivery system, as previously defined, continues to be the method of delivery. If the delivery system becomes obsolete, then a new mutually acceptable license must be negotiated for delivering the Film and Film Resources.

 

  • An MP4 file of the Film will be provided after purchase as will PDFs of Film Resources. If any files are corrupted or unplayable, Licensor will provide replacements within seven (7) days of written notification by Licensee. The files may be securely stored for archival purposes until the completion of the screenings. Upon completion of the screenings, Licensee will erase all electronic copies of the Film.

 

  • Licensor warrants and represents that it has the right to enter into this Agreement and to deliver the Film “as is.” This warranty is in lieu of any and all other warranties, written or oral, express or implied, including without limitation, warranties of merchantability of fitness for a particular purpose, all of which Licensor disclaims. In no event will Licensor be liable for more than the license fee paid, whether such liability arises from breach of warranty, breach of this contract or otherwise, and whether in contract or in tort, including negligence and strict liability.

 

  • Licensee agrees to provide adequate security for protection of the Film and the Film Resources from piracy, theft or other misuse while they are stored on systems controlled, owned, leased or otherwise contracted for use by Licensee. Licensee further agrees to assume full responsibility under the copyright laws of the United States for failure to do so.

 

  • Each party shall indemnify and hold the other harmless for any losses, claims, damages, awards, penalties, or injuries incurred by any third party, including reasonable attorney’s fees, which arise from any alleged breach of such indemnifying party’s representations and warranties made under this Agreement, provided that the indemnifying party is promptly notified of any such claims. This indemnity shall survive the termination of this Agreement.

 

  • If Licensee breaches any term of this Agreement, Licensor may, in addition to its other legal rights and remedies, terminate this license seven (7) days after written notice to Licensee, if Licensee has not remedied the breach within the seven (7) days. Upon any termination, Licensee will erase all electronic storage of copies of the Film and Film Resources. Any termination will not affect the obligation or liability of a party arising prior to termination, and the provisions of this paragraph will survive any termination.

 

  • This Agreement shall not be assignable by Licensee and any such assignment shall be null and void.

 

  • This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof, and any amendments, changes, or modifications shall have legal effect and be binding only if made in writing and signed by both parties.