For American College of Surgeons Patient Education Videos and DVDs
License Grant: The American College of Surgeons (the “College”) grants the entity identified below as the Licensee (“Licensee”) a limited, non-exclusive license to broadcast the licensed programs listed below (“Programs”) within a single hospital network for the Licensee’s internal use only and to make one preservation copy of each Licensed Program. Licensee is authorized to use the Programs on its designated Analog/Digital video system, for delivery either on-demand or continuous play. Licensee or its approved agent is authorized to convert the Programs into digital files and to broadcast them to the approved locations and only in the manner and for the time period as permitted within the Agreement. The College is and shall remain the sole and exclusive owner of the copyright in the Programs. Licensee shall do nothing inconsistent with the College’s ownership of the copyright in the Programs and shall not contest the College’s ownership of the copyright in the Programs.
Limitations: All Programs are produced and/or furnished by the College may not be reproduced, duplicated, digitized, cablecast or broadcast beyond the rights granted herein. The Programs may not, at any time, be telecast outside the designated locations without written approval from the College. No editing or repurposing of the Programs is allowed without written consent of the College. The Programs must be broadcast in their entirety including credits. Should only a certain chapter be requested, the College must have the right to approve prior to broadcast. No commercial advertisement shall be added to the Programs. Any use of the Programs beyond the limited license provided herein will constitute an infringement of the College’s exclusive rights in copyright and shall be prosecuted to the full extent of the law.The right to distribute the Programs over any other type of distribution channels including LAN, internet, intranet, fiber optic, shall be subject to the College’s written approval on an individual basis. Call (312) 202-5263 to obtain more information on broadcast or duplication rights for any patient education video and DVD.
Term and Termination: This agreement shall remain in effect for a period of one year from the purchase date. All costs and expenses of carrying out Licensee's rights hereunder shall be borne by Licensee. The Agreement may be renewed via the ACS website one year from the purchase date. The College shall have the right to terminate the Agreement for cause on account of a material breach by the Licensee by giving 30 days’ advance written notice to the Licensee. Material breach may include, but shall not be limited to the following circumstances: Licensee provides unauthorized copies of the Programs or assigns or attempts to assign any of its rights or obligations under the Agreement to any third party without the prior consent of the College. Upon termination or expiration of this agreement, the Licensee agrees to cease broadcast of all licensed videos.
Warranties: THE PROGRAMS ARE PROVIDED “AS IS.” The American College of Surgeons makes no express or implied warranties, promises, or statements with respect to the Programs and hereby expressly disclaims any implied warranties of merchantability, suitability or fitness for any purpose.
Damages: The American College of Surgeons shall not be liable for any loss, injury or damages, arising from use or broadcast of the Programs, any act, error or omission, for any breach of warranty and/or for any other cause including without limitation, any loss or damage for incidental or consequential damages. Licensee releases the College and its officers, employees, and agents from any liability arising from the use or broadcast of the Programs. Licensee shall indemnify and hold the American College of Surgeons and employees harmless from all claims, expenses, and losses arising from the Programs including their distribution.
Miscellaneous: The Agreement supersedes all prior or contemporaneous written or oral agreements. The parties agree that the terms and provisions of the Agreement cannot be modified except in writing signed by all of the parties. The Agreement, is made in accordance with, and shall be governed, by the laws of the State of Illinois.
In witness whereof, the parties have executed this Agreement effective as of the date of purchase.
