There will not be a license fee for screening CLEAR DAY THUNDER: Rescuing the American Chestnut ("the FILM"). In consideration of the waived license fee, The American Chestnut Foundation ("TACF") will provide the LICENSEE with one (1) LINK to show the FILM for the public screening and electronic marketing materials and physical materials (if any). The LICENSEE agrees that they will not charge admission to the screening. TACF hereby grants to the LICENSEE, without warranty, a limited, non-exclusive, non-transferable license to screen the FILM only within the state of the sponsoring organization or venue in a public setting (No Home Screening) on the screening dates approved by TACF, subject to the terms and conditions specified herein, as follows:

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• The LICENSEE hereby expressly agrees that the FILM shall be used only for the permitted purposes as set forth here and for no other purpose. 

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• The LICENSEE agrees to inform TACF of each scheduled screening of the FILM. The LICENSEE will give the date, time, and location along with partnering organizations for the filming event. 

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• The LICENSEE agrees that it shall not permit the FILM to be duplicated, sold, loaned, transferred, televised or made available online or to any other party not contained herein at any time or in any manner other than as provided for in this AGREEMENT. 

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• The public exhibition of the FILM shall be defined as any display, performance, viewing, screening, or playback of the FILM delivered as a digital link by TACF and occurring at any place open to the public or in any space where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered. Public exhibition does not apply to any broadcast, cable, online digital or satellite transmission, nor any exhibition of the FILM in which viewers and playback equipment are not in the same room or venue.

 

• If the FILM arrives in unplayable condition, LICENSEE may request that a new link be sent. TACF makes no warranties express or implied whatsoever. TACF shall have no other obligations, and the LICENSEE shall have no other recourse other than that specifically stated herein.

 

This Agreement represents the entire understanding of the parties and shall be construed in accordance with the laws of the Commonwealth of Virginia applicable to agreements fully executed and performed therein. The terms and conditions herein shall not be changed, amended, or modified unless in writing signed by an authorized signatory of both parties.

 

By accepting delivery of the digital link containing the film from TACF, the LICENSEE acknowledges that it has read this Agreement, understood its terms, and has voluntarily accepted its provisions.

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With respect to the License granted hereunder, it is expressly understood and acknowledged by the LICENSEE that any rights, title, or interest that TACF maintain, with respect to the FILM, are expressly reserved by TACF.