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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 Contact Us 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.
I have read, and on behalf of my institution, I accept the above Terms of Use.