Purchase of license of METH HEAD for use on Library Servers signifies your agreement to and grants you the following:

 

Secure Server Streaming License - Terms of Use

 

This License Agreement (this “Agreement”) is made by and between METH HEAD LLC, a California corporation (“Licensor”) and the Licensee named on the Order Confirmation to grant a license in perpetuity for the limited, non-broadcast, secure streaming on the Library server of the film METH HEAD (the “Film”).

 

In consideration of the payment of the purchase price, as indicated in the order confirmation or invoice, the sufficiency of which is hereby acknowledged, Licensor hereby grants to Licensee, upon payment of such license fee, without warranty, a in perpetuity, non-exclusive, non-sub-licensable, non-transferable license to host the Film on a private and secure server, accesible only to students, teachers and library members, subject to the terms and conditions specified herein:

 

* Licensee agrees the film will only be accessible to members of the library, or students and faculty of the school, and will not be publicly displayed.

 

* Licensee agrees that it shall not permit the Film to be reproduced, distributed, duplicated, sold, lent, transferred, or otherwise made available, to any other person or entity, at any time or in any manner, other than as set forth in this Agreement.

 

* Licensee shall stream the Film in its entirety only. Licensee shall not cut or alter the Film. In no event shall the Film be streamed without the complete copyright notices and/or credits contained therein. 

* Licensor makes no warranties, express, implied, or otherwise, and hereby expressly disclaims any implied warranty of merchantability or fitness for a particular purpose with respect to the Film. 

 

* Except for the license granted hereunder, Licensee agrees and acknowledges that Licensor expressly reserves all rights, title, and interest, in and to the Film.

 

 This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior understandings and agreements relating to such subject matter. Any amendments, changes, or modifications shall have legal effect and be binding only if made in writing and signed by both parties.

 

Limitation of Liability: UNDER NO CIRCUMSTANCE, WILL EITHER PARTY HEREUNDER BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOST REVENUE, LOST PROFITS, LOSS OF INCOME OR LOSS OF BUSINESS ADVANTAGE), WHETHER OR NOT FORESEEABLE, EVEN IF THE PARTY SUFFERING SUCH DAMAGES, OR AN AUTHORIZED REPRESENTATIVE OF SUCH PARTY, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LICENSOR'S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE GREATER OF: (I) THE AMOUNTS PAID BY LICENSEE TO LICENSOR UNDER THIS AGREEMENT; OR (II) ONE HUNDRED US DOLLARS (US$100). THE FOREGOING LIMITATIONS OF LIABILITY SHALL REMAIN IN FULL FORCE AND EFFECT, REGARDLESS OF WHETHER EITHER PARTY’S REMEDIES HEREUNDER ARE DETERMINED TO HAVE FAILED THEIR ESSENTIAL PURPOSE. 

IN WITNESS WHEREOF, the parties have executed this Agreement upon payment of the rental fee.