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Below is the standard Docuseek2 license agreement.
Docuseek2 Standard Terms of Use (pdf)
Docuseek2 Digital Rights License Agreement
1. Definitions
a. Service: Licensor is the provider of the Docuseek2 digital service
(the "Service") that permits Licensee to license and view Content under
this agreement.
b. Educational Use: Use in markets including, but not limited to, high
schools, colleges, universities, libraries, museums and non-profit
organizations, and Authorized Users' use for study through high schools,
colleges, universities and Distance Learning Programs, or for their
personal use.
c. Classroom Use: A performance of a program in classrooms or other
related venues, for audiences of more than one person, conducted without
charging admission. In this context, programs may be shown by any means
that do not require digitization, transfer, alteration, duplication or
reproduction.
d. Unified Campus: The setting(s) at which any of Licensee's programs
are taught, including any branch campuses, to Authorized Users. For the
purpose of this agreement, a Secure Campus Network or similar mechanism
is considered part of the Unified Campus. Authorized Users accessing
Licensee-licensed resources, including the Service, from a remote
location, via a proxy server or similar mechanism are considered as
located on the Unified Campus.
e. Authorized Users: Full-time and part-time students, faculty, staff
and researchers of the Licensee and individuals who are independent
contractors or are employed by independent contractors of the Licensee,
as well as individuals not affiliated with the Licensee who are
physically present at the Licensee's site(s) ("Walk-in Users").
f. Distance Learning: Coursework by Authorized Users conducted via an internet connection connected to the Unified Campus.
g. Server Fee: An annual fee for the digital delivery ("streaming") of content licensed by the Licensee.
h. Content: The film or video programs listed in Schedule A below and
made a part hereof and any other programs added to Schedule A by the
mutual consent of the parties. Docuseek2 will make a digital file of
each program (the "Master") available to the Licensee.
i. Institutional Streaming License: A license to stream the Content to
Authorized Users for Educational Use at the Unified Campus.
j. Subscription: An Institutional Streaming License to use the Content
for a specific period of time defined in the invoice for the
Subscription.
k. Life of File: An Institutional Streaming License to use a file of the Content for the life of the MPEG-4 (H.264) codec.
2. Grant of License
a. Docuseek2 grants to the Licensee a limited, non-exclusive, revocable
Institutional Streaming License for the Term. Any other use of this
content must be licensed through special arrangement with the Licensor.
b. Life of File licenses permit the right to transcode the content into
the streaming format of the Licensee's choice and to load the digital
files onto the Licensee's digital network for streaming to Authorized
Users. Life of File licensed Content may be duplicated for the purpose
of a backup copy.
c. Not permitted under this license is the right to rent, loan, sublease
or sub-license content to others. Subscription Content may not be
digitized, transferred, converted to another medium or format, or
altered by any means without prior, written authorization of Licensor.
Life of File Content may not be digitized, transferred, converted to
another medium or format, or altered by any means except as noted in
section 2.b. above. Content may not be downloaded and stored to any
workstation or other device.
d. For Life of File licenses, in the event the Licensee decides to
switch the codec of its Master, then this agreement must be renegotiated
before the Content is re-encoded or new transcodes made and streaming
of the Content resumed.
e. Institutional Streaming Licenses permit classroom use.
f. Institutional Streaming Licenses permit screening on the Unified
Campus to a group only when no admission is charged and there is no
advertising outside the learning community.
g. Institutional Streaming Licenses permit remote (off-campus) access
for all Authorized Users, whether enrolled in a Distance Learning
program or not, if they are connected to the Unified Campus.
h. Institutional Streaming Licenses permit simultaneous access by any number of Authorized Users.
i. Sharing of streamed Docuseek2 content with other institutions, or
with individuals, classes or groups who are not Authorized Users, except
as noted above, is not permitted without the express authorization of
Docuseek2.
j. This license is granted only upon payment of fees specified by or through Docuseek2.
k. At the commencement of this license, the Licensor will provide access to the Content.
l. For Subscription licenses, Licensor will provide streaming access to
the content for the term of the subscription. For Life of File licenses,
Licensor will provide streaming services for the Content to the
Licensee, renewable on an annual basis, for a Server Fee as specified in
Schedule B below.
3. Copyright
a. All materials licensed from Licensor including, but not limited to,
the Content, and other video, audio, graphics, text, images, and
interactive media are the property of the Licensor or have been licensed
to the Licensor and are protected by international copyright and
trademark laws. Licensee has no ownership of the Content.
b. In addition, the contents of docuseek2.com, including but not limited
to design, "look and feel," software code, text, images, audio, and
Content, are copyrighted, with all rights reserved by Docuseek, LLC
©2017.
4. Term
The term of this License Agreement shall be for the period defined in
the Subscription invoice, or, in the case of Life of File licenses, for
the Life of File as defined above. Upon expiration, non-renewal, or any
termination of the license, all Licensee's rights to use the Content
shall cease.
5. User Account and Security
a. Account and Password. As a registered user of the Service, Licensee
may receive or establish an administration account ("Account"). Licensee
is solely responsible for maintaining the confidentiality and security
of the Account. Licensee should not reveal Account information to anyone
else or use anyone else's Account. Licensee is entirely responsible for
all activities that occur on or through the Account, and Licensee
agrees to immediately notify Docuseek2 of any unauthorized use of the
Account or any other breach of security. Docuseek2 shall not be
responsible for any losses arising out of the unauthorized use of
Licensee's Account.
b. Security. Licensee understands that the Service, and products
purchased through the Service, include a security framework using
technology that protects digital information and limits Licensee's usage
of the Content to certain usage rules established by Docuseek2 and its
licensors. Licensee agrees not to violate or attempt to violate any
security components. Licensee agrees not to attempt to, or assist
another person to, circumvent, reverse-engineer, decompile, disassemble,
or otherwise tamper with any of the security components for any reason
whatsoever. Licensee shall not access or attempt to access an Account
that Licensee is not authorized to access. Licensee will not attempt to,
or encourage or assist any other person to make use of Licensee's user
name and password to stream a film Licensee has licensed. Violations of
system or network security may result in civil or criminal liability.
6. Objectionable Material
Licensee understands that by using the Service, it may encounter
content that may be deemed offensive, indecent, or objectionable, which
content may or may not be identified as having explicit language.
Nevertheless, Licensee agrees to use the Service at its sole risk and
that Docuseek2 shall have no liability to Licensee for content that may
be found to be offensive, indecent, or objectionable. Content types and
descriptions are provided for convenience, and Licensee acknowledges and
agrees that Docuseek2 does not guarantee their accuracy.
7. Representations and Warranties of the Licensor
All information, products and other content (including third party
information, products and content) included in or accessible from
Docuseek2 Content are provided "as is" and without warranties of any
kind (express, implied and statutory, including but not limited to the
warranties of title and noninfringement and the implied warranties of
merchantability and fitness for a particular purpose), all of which
Docuseek2 disclaims to the fullest extent permitted by law. Licensee's
use of the Content is at licensee's sole risk.
8. Representations and Warranties of the Licensee
Licensee warrants that all information provided is true and accurate.
Docuseek2 may terminate Licensee's rights to any or all service if any
information Licensee provides is false or inaccurate.
9. Docuseek2's Privacy Policy
Except as otherwise expressly provided for in this Agreement, our
Service is subject to Docuseek2's Privacy Policy, which is expressly
made a part of this Agreement as Appendix A.
10. Governing Law
These Terms of Use are governed by the laws of the United States and,
where no other state law is applicable, the State of Pennsylvania,
without giving effect to any principles of conflicts of laws. However,
with respect to a State or Public institution Licensee that is
restricted by laws governing contracts solely to those of its applicable
state, Licensor will agree that these Terms of Use be governed by the
laws of such states.
11. Trademarks
Docuseek2 and its logo belong to Docuseek2 and other marks belong to
third party trademark owners. Except as permitted by applicable laws,
Licensee is prohibited from using any of the marks appearing on this
site without express written consent from their respective trademark
owners.
12. Miscellaneous
a. Licensor reserves the right to refuse service and terminate accounts
at its sole discretion, with or without cause, including, but not
limited to, if Licensor believes Licensee's conduct violates applicable
law or is harmful to Licensor. Notification will precede any suspension
of access, and a reasonable amount of cure time will be granted to
Licensee to resolve any perceived breach, prior to termination.
b. Licensor's rights, including but not limited to all rights of remedy
for Licensee's breaches under this Agreement, shall continue in
perpetuity.
c. Licensor reserves the right to change, modify, add, or remove
portions of the Service at any time. Licensor may add, delete, or modify
features, titles, as well as the scope of service and support provided.
Pricing, product features and specifications, and product title library
are all subject to change without notice. Any variations to this
License are only valid if they are recorded in writing and signed by
both parties.
d. No delay or failure of Licensor to take action under these Terms and
Conditions will constitute a waiver by Licensor, unless expressly waived
in writing by Licensor.
e. These Terms of Use constitute the complete agreement of the parties
and contain the entire understanding of the parties hereto relating to
the Content, supersede any prior written or oral agreement or
understandings between the parties with respect to the Content, and
cannot be changed or terminated orally. Only a writing specifically
referencing these Terms of Use and signed by the parties hereto may
amend them.
Docuseek2's TERMS OF SALE
LICENSE PERIOD
User license period commences at the time the license is purchased.
SALES TO END USERS ONLY
Docuseek2 does not provide products for resale.
REFUND POLICY
All sales are final.
PAYMENT METHODS
Docuseek2 accepts credit cards as forms of payment. Docuseek2 accepts
Visa and MasterCard for orders under $1000. For institutional licenses,
we accept Purchase Orders, but at our discretion. Licenses may not be
activated until payment is made. PLEASE NOTE: If a purchase has been
declined online due to credit card issues, please ensure all data is
correct and resubmit. If the transaction is not accepted online,
Licensee will be unable to use that card for Licensee's purchase and
should use another credit card.
BILLING
Each individual transaction authorizes and bills as a single purchase.
UPGRADES
Docuseek2 reserves the right to enhance Products purchased from
Docuseek2, including Products purchased but not yet accessed. If an
enhancement inadvertently alters the length of a purchased license, the
purchaser may contact us for a reinstatement of that license to its
original length, or for an acceptable substitute.
FOR ASSISTANCE WITH ORDERS - DOCUSEEK2 CUSTOMER SERVICE
For assistance with billing questions or other order inquiries, please
refer to our online page. We will respond as soon as possible, usually
within one business day.
CONTENT USAGE RULES
Licensee's purchase or use of any Products from Docuseek2 signifies Licensee's complete agreement to these Terms of Use.
OTHER TERMS AND CONDITIONS
Docuseek2 is not responsible for misunderstandings resulting from typographic errors.
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