a. Streamed Content: All materials purchased and/or licensed from Encode Productions LLC for streaming purposes including, but not limited to, video, audio, graphics, text, images, and interactive media.
b. 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" onsite Authorized Users customarily granted access to the educational institution and using the content for individual use.
c. Educational Use: Streaming, exhibition or display of Streamed Content in markets including, but not limited to, primary schools, middle schools, high schools, colleges, universities, libraries, museums and non-profit organizations, and individual streaming, exhibition or display of Streamed Content by Authorized Users studying, researching or working through primary schools, middle schools, high schools, colleges, universities, and distance learning programs.
d. Classroom Use: Streaming, exhibition or display of Streamed 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.
e. 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.
g. Unified Campus: A geographically discrete setting which constitutes the principal place of business of the Licensee.
2. GRANT OF LICENSE.
a. Subject to the restrictions described below, Encode Productions grants Licensee a limited, non-exclusive, revocable license to stream, display and exhibit the Streamed Content for Classroom Use and in other related venues for the Educational Use of Authorized Users.
b. All other rights not expressly granted are reserved by Licensor. Content may not be rented, loaned, sub-leased, re-sold or sub-licensed to others. 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 Encode Productions.
c. This license is expressly conditioned upon receipt of payment by Encode Productions of all applicable fees and taxes.
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. Institutional streaming licenses for 14-day, 3-year, 5-year and 7-year terms permit all Educational Uses, including Classroom Use. However an individual viewing license does not permit use of Streamed Content for Classroom Use.
c. Multi-campus K-12 streaming is licensed on a case-by-case basis. Please contact our office to make specific arrangements.
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.
4. OWNERSHIP AND COPYRIGHT
All Content purchased from Encode Productions is the property of Encode Productions or has been licensed to Encode Productions and is protected by international copyright and trademark laws. No right of ownership in Streamed Content is transferred to Licensee under this Agreement.
The term of this License Agreement shall be concurrent with the length of the license chosen by the Licensee (i.e. 21-day, 14-day, 5-year, 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.
Except as otherwise expressly provided for in this Agreement, our Service is subject to Encode Productions [INCLUDE A LINK HERE], which is expressly made a part of this Agreement.
Encode Productions and its logo belong to Encode Productions 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.
8. GOVERNING LAW
a. Encode Productions 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 Licensor or its partners and affiliates.
b. Licensor's rights, including but not limited to all rights of remedy for Licensee's breach, shall survive the termination of this Agreement.
f. 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.