Camfed International

Terms and Conditions

Where the Water Meets the Sky” Non-theatrical Screening License Terms & Conditions.

1. Term of License: The Licensee is granted a license, commencing on the date (the "Start Date") Licensor delivers to Licensee a "Screening Pack" which consists of (i) a DVD containing a copy of the film (the "Film") known as "Where the Water Meets the Sky" and (ii) certain educational and/or fund raising materials related to Licensor (the "Materials"). The license period (the "Term") terminates on 7th September 2019.
2. Scope of License: This License gives Licensee the right, during the Term, to exhibit the Film only for viewing in the same room, auditorium, library, hall, gallery or other common area where the DVD-player device is located, and only to audiences where no admission fee is charged. Notwithstanding the generality of the foregoing and for the avoidance of any doubt, Licensee shall not have the right to exhibit the film in Zambia. Licensee may use the Materials only for advertising and promoting the Film and Licensee’s authorized exhibitions of the Film. This License is non-exclusive and Licensor may grant other licenses to other persons or entities without restriction. This License does not entitle Licensee to any other right or license in or to the Film or the Materials, all of which are expressly retained by Licensor. This means, without limitation, that you (Licensee) have no right to (i) copy the Film or (except for advertising and promotion purposes) to copy the Materials, (ii) distribute the Film (including by broadcast, cablecast, webcast or by any other means), (iii) sublicense the Film, (iv) rent, sell, assign or transfer the DVD (provided this shall not prohibit libraries from lending out a DVD), or assign or transfer this License, or (v) edit the Film or create any ancillary or derivative work based on the Film or any element of the Film.
3. Fundraising Requirement. Licensee shall at each exhibition of the DVD (excluding exhibitions as part of educational teaching activities) request from each attendee a "suggested minimum donation" amount. All voluntary contributions collected by Licensee in connection with each exhibition of the Film shall be promptly remitted to Licensor at: Camfed USA, 369 Pine Street, Suite 420, San Francisco, CA 94104, USA. Licensor is a duly registered non-profit entity organized as a Section 501(c)(3) organization under the US Internal Revenue Code and contributions to Licensor by Licensee (or audience members) may be tax-deductible. Licensor will provide a receipt for all amounts paid to it under this Section 3.
4. Licensee’s Other Agreements. At each exhibition of the Film, the Film shall be shown without additions or changes. Licensee agrees it will not use the Film or the Materials in a manner that implies any endorsement by Licensor of Licensee or of its operations or business. Licensee will in no event (a) permit or authorize any person or entity to promote or advertise the Film or any exhibition of the Film without reference to Camfed, (b) use the Film or the Materials to make derogatory or critical statements of any person or entity including Camfed, or (c) exhibit the film in Zambia. This License does not include the public performance rights in the musical compositions and sound recordings thereof, including any performances embodied in the sound recordings, contained in the Film and it is the obligation of the Licensee, at its expense, to obtain such rights if required for exhibition of the Film. Licensee will not remove or change any notices, packaging, stickers or other comparable materials (including copyright and trademark notices) included with or on the DVD containing the Film or with or on the Materials.
5. Licensee's Statements. Licensee represents to Licensor that: (a) Licensee is authorized to enter into this License, (b) this is a binding and legal obligation of Licensee, (c) Licensee is in compliance with all laws, statutes, regulations and court orders applicable to it (collectively, "Law"), and no action taken by it (or omitted) under or related to this License will violate any such Law, and (d) Licensee is an entity in good standing (this clause (d) does not apply to an individual).
6. Other Important Terms. This License is governed by the laws of the State of California, and any action related to or arising out of this License shall be brought solely in a court located in San Francisco, California and Licensee agrees to jurisdiction and venue in such courts. Licensee acknowledges and agrees that the restrictions, requests and obligations applicable to it are special and unique and are of the essence of this License, and that Licensor may seek injunctive relief in the event of Licensee’s breach hereof, without limitation of Licensor’s other remedies hereunder. Licensor shall be entitled to terminate the Term on written notice to Licensee (at its address on the first page of this License) in the event of Licensee’s breach of the terms of this License or if any claim is brought by any person against Licensor related to the Film or Materials. No termination of the Term shall terminate the other rights, restrictions or obligations set forth in this License.
7. Other. This is the entire agreement between Licensee and Licensor with respect to the Film and the Materials.