This is a legal agreement between You or the Organization on whose behalf you are undertaking the License described below (“Licensee”) and Columbus Improv Theatre, LLC (“The Nest Theatre”). This agreement applies to licenses issued via the world wide web and is applicable to online, digital and analog (physical) delivery of License Material. Last Updated: 8/19/16
- “Licensed Material” means any digital files purchased. Any reference in this Agreement to the Licensed Material shall be to each individual item within the Licensed Material and also to the Licensed Material taken as a whole.
Grant of Rights
- The Licensed Material is not being sold; it is being provided to the Licensee under the terms of this agreement, which allows for use of Licensed Material but does not transfer ownership. Ownership remains with The Nest Theatre;
- Licensee has the non-exclusive, non-transferable, non-sublicensable right to use the Licensed Material for personal purposes only. Any uses other than personal purposes must be approved by The Nest Theatre in writing;
- Licensee’s right to the Licensed Material are worldwide;
- Unauthorized use will result in immediate termination of this license including but not limited to legal action.
- Licensee may not rent, sublicense, sell, assign, convey or transfer Licensed Material, this Agreement or any of its rights under this Agreement. Licensee may not include the Licensed Material in an electronic template intended to be Reproduced by third parties on electronic or printed products;
- Licensee may not sell, license or distribute any derivative work based on the Licensed Material;
- Licensee may not post the Licensed Material online in a downloadable format or enable it to be distributed;
- Licensee may not use Licensed Material in electronic items for resale;
- Licensee may not use Licensed Material on physical items for resale;
- Licensee may not use the Licensed Material for unlawful purposes.
- No ownership or copyright in any Licensed Material shall pass to Licensee by the issuance of the license contained in this Agreement.
Termination & Revocation
- The license contained in this Agreement will terminate automatically without notice from The Nest Theatre if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must immediately (i) stop using the Licensed Material; (ii) destroy the Licensed Material; and (iii) delete or remove the Licensed Material from Licensee’s premises, computer systems and storage (electronic and physical) and promptly confirm same to The Nest Theatre in writing;
- The Nest Theatre reserves the right to revoke the license to use the Licensed Material for good cause and elect to replace such Licensed Material with alternative Licensed Material. Upon notice of any revocation of such license, Licensee shall immediately cease using such Licensed Material. Licensee shall delete all electronic copies of Licensed Material from its electronic storage media, confirming the same to The Nest Theatre in writing.
Warranty and Limitation of Liability
- The Licensed Material provided under the terms of this License are owned by The Nest Theatre. Licensee is urged to fully test the Licensed Material prior to use and bring any difficulties encountered to the attention of The Nest Theatre.
- The Nest Theatre disclaims all liability for incidental, consequential, and special damages arising out of any defects in materials and workmanship including warranties of fitness for use.
- Licensee shall defend, indemnify and hold The Nest Theatre and its respective officers, directors and employees harmless from all damages, liabilities and expenses (including reasonable attorneys’ fees and permitted and authorized costs), arising out of or as a result of claims by third parties relating to Licensee’s use of any Licensed Material outside the scope of this Agreement and any other breach by Licensee of this Agreement.
- These terms and conditions are all the terms and conditions that apply to this License. No other terms or prior understandings shall be used to alter the plain meaning of these terms or to expand the License unless subsequently agreed to in writing by the parties in amending this License.
Note – Content Purchased may show personally identifiable information. Do not share or distribute this digital product because doing so is a violation of this license agreement and others may see personally identifiable information.