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College Newspaper Digital Use Terms and Conditions
1.1. Subject to execution of a valid and current College Newspaper Services Agreement (“the Agreement”) and to the terms and conditions set forth here, Allen David Multimedia (“ADM”) hereby grants to the subscribing college or university (“Subscriber”) a non-exclusive, non-transferable limited license to: publicly perform, publicly display and otherwise include the news, internet, and information from the produced online service(s) (“the ADM Service”) listed in Exhibit A of the Agreement, on the Subscriber’s Internet Newspaper editions, in accordance with the terms and conditions set forth herein.
2.1. Subscriber’s use of the Content in its Internet newspaper editions is limited to news use only and must target the specific news and information in Subscriber’s campus and surrounding local community.
2.2. Subscriber will not archive or otherwise retain any Content in an online or wireless electronically retrievable format for retrieval by Users for more than 30 days without the express written permission of ADM; provided that the foregoing limitation shall not apply to any electronic archival of the ADM Service Material included in the Subscriber’s newspapers where the archival is of the entire contents of the printed newspaper and the archive is solely for substantiating any stories published in the newspaper.
2.3. ADM shall retain all right, title, and interest in and to the Content, including, without limitation, the copyright.
2.3.1. Subscriber may present the Content only within Subscriber’s online newspaper, which shall be branded with the name of the Subscriber.
2.3.2. Subscriber may not co-brand the content with any third party without the express written permission of ADM.
2.3.3. Subscriber shall not make the Content available to any other Subscriber, person, or third-party affiliate, except with the express written permission of ADM.
2.3.4. Subscriber may not use the Content for any other purpose or platform not expressly approved herein or in the Agreement, including other URLs, MP3, USB storage devices, or other wired or wireless devices, except with the express written permission of ADM.
2.4. Nothing herein is intended to restrict Subscriber’s ability to display advertising alongside the Content, or to allow Subscriber to enter into a common relationship in which an entity sponsors one or more sections (e.g., Business News) of Subscriber’s Internet editions.
2.5. ADM shall engage in commercially reasonable efforts to reach agreement with news aggregation sites in order to allow such sites to crawl, search, and otherwise access the Content on Subscriber’s internet editions. If ADM is unable to reach such agreements with any particular news aggregation site, ADM will then request that Subscriber use commercially reasonable efforts to prohibit such entities (including parents, subsidiaries, separate divisions, or business members) from crawling, searching, indexing, scraping, copying, storing, or otherwise accessing the Content on Subscriber’s Internet editions. Subscriber is discharged of its obligations under this Section by displaying a notice against unauthorized crawling, searching, indexing, scraping, copying, storing, or accessing the ADM Content. The notice may be included as part of the terms and conditions applicable to Users of Subscriber’s internet editions. Nothing herein shall obligate Subscriber to enable any particular entity to crawl, search, index, scrape, copy, store, or otherwise access Subscriber’s internet editions.
2.6. Any photos in the Content provided to Subscriber and selected by Subscriber for use as provided herein must be made available on Subscriber’s Internet editions at a resolution of 640 by 480 pixels or lower or as notified by ADM in its sole discretion from time to time.
2.7. Subscriber may use ADM photos for news use only. ADM conveys no trademark rights or rights of personality or publicity in the photos. Subscriber shall not associate the photos with the promotion or sale of any product or service or associate the photo with any content that would bring the subject or ADM into disrepute.
Subscriber’s rights granted herein are subject to the payment of its Assessment according to Exhibit A of the Agreement and any supplemental Agreements (collectively “The Assessment”) and to the consideration granted by Subscriber to ADM in Section 5. below.
These terms and conditions shall become effective on the start date and shall continue for the term of the Agreement.
5.1. The Content which appears in Subscriber’s Internet newspaper editions will be labeled as copyrighted ADM material and credited to ADM as the source material as described in Exhibit B. Subscriber shall incorporate the notice of terms and conditions applicable to the Content as described in Exhibit B. Proper credit and incorporation of the form of notice by Subscriber in its Internet newspaper editions, in accordance with Exhibit B, which may be updated by ADM from time to time, is a material part of these terms and conditions and constitutes a portion of the consideration to ADM from Subscriber.
5.2. Subscriber agrees not to interfere with any copyright protection mechanism or copyright management information system, including any watermark employed by ADM. Subscriber shall not interfere with or impair the function of any digital identification devices provided by ADM with the Content.
5.3. Subscriber shall, without cost to ADM, use commercially reasonable efforts, when otherwise updating such documents, to make ADM a third-party beneficiary of Subscriber’s “Terms of Service” or similar agreements applicable to Users of or other visitors (whether an entity or any digital engine that crawls, searches, indexes, scrapes, copies, stores, or transmits website content) to Subscriber’s Internet newspaper editions.
5.4. Subscriber will promptly notify ADM of any unauthorized use, of which Subscriber becomes aware, of the ADM Content. Subscriber agrees, if and when requested by ADM, to use reasonable commercial efforts to cooperate in ADM’s investigation and prosecution of acts that violate ADM’s copyright or other rights in the ADM Content.
Exhibit B
COPYRIGHT STATEMENT, NOTICE, AND CREDIT
Photos: Include the credit listed in the caption provided for a particular photo.
Text: “(ADM)”, or “By Allen David Multimedia”, and the writer’s byline; and/or
All other content: Identify the source of the content as listed within the metadata and summary with the content.
Subscriber will promptly make all kills, corrections, and substitutions, and abide by all advance, hold for release, embargo notices, or other restrictions on the ADM Content. Subscriber may not use any material from the ADM Content in Subscriber’s Internet newspaper editions slugged or identified as “advisory”, “online” or “not for publication”.
7.1. Subscriber will provide ADM access to Subscriber’s Internet newspaper editions without charge, if requested by ADM, as it relates to Subscriber’s use of the Content under these terms and conditions. In addition, to assist ADM with the development of digital products and services that reflect market trends and patterns where commercially practicable and to the extent permitted under its online privacy policy, Subscriber shall provide ADM with data that can reasonably inform ADM of User interest in the Content. Such data may include the number of registered visitors, page views, and other similar statistics provided that ADM’s request for data is not intended to cover any personally identifiable information of visitors to or Users that Subscriber may collect for its own business purposes. ADM shall: (i) maintain the confidentiality of all data collected under this Section; and (ii) only use such data aggregated with the data from other Subscribers.
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