AGREEMENT TO SHARE INSIDE ENERGY CONTENT
Effective Date: June 15, 2015
This Agreement is between ROCKY MOUNTAIN PUBLIC BROADCASTING NETWORK INC., a Colorado nonprofit corporation (“RMPBN”), and any entity (“You”) wishing to use, exhibit, display, print, reproduce, televise, broadcast and distribute in any medium now existing or hereafter created (“Share”), any content copyrighted by Inside Energy.
By Sharing Inside Energy content (“IE Content”) You agree to the terms and conditions of this Agreement, which may change from time to time as set forth in the “Amendments”.
Rules of Sharing
RMPBN grants to You a nonexclusive, perpetual, worldwide right to Share Inside Energy Content. This right shall extend only to Your own “Network”. Your Network includes all media and formats whether now known or hereafter created that You own at least a majority of, and could include websites, radio and television, but does not include those owned or operated by partners, collaborators, or other associates.
You shall only have the right to Share IE Content that has been previously published or broadcast by Inside Energy. You shall have no right to Share IE Content that has been modified or derived in any way from the original content. RMPBN agrees not to forbid you from making technical modifications necessary for You to Share the IE Content on Your Network.
If You Share any IE Content on radio or television, You must include an on-air tag after the presentation of such content. If You Share any IE Content online You must include a written tag with such content. The on-air or written tag shall include: i) an identification of the individual creator(s) of the IE Content and any others designated to receive attribution, in any reasonable manner (including by pseudonym if designated); ii) a copyright notice indicating Inside Energy as the copyright holder; iii) a notice that the IE Content has been aired or published with permission from RMPBN and that Inside Energy is a public media collaboration focused on America’s energy issues (written tags shall include URLs or hyperlinks to the original publication, RMPBN’s website (www.rmpbs.org), Inside Energy’s website (http://www.insideenergy.org/), and a copy of this Agreement); iv) a notice that refers to the disclaimer of warranties below.
At this time, there shall be no cost to You associated with Using IE Content. However, RMPBN reserves the right to require you to pay a reasonable fee for Sharing IE Content if RMPBN’s funding from the Corporation for Public Broadcasting (“CPB”) becomes insufficient for RMPBN to operate Inside Energy on those funds alone.
Disclaimer of Warranties and Limitation of Liability
RMPBN offers the IE Content as-is and as-available, and makes no representations or warranties of any kind concerning the IE Content, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.
To the extent possible, in no event will RMPBN be liable to You on any legal or equitable theory or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Agreement or use of the IE Content, even if the RMPBN has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.
Any disputes arising under this Agreement will be governed by Colorado law without regard to its choice of law provisions. Both parties consent to the exclusive jurisdiction of State and Federal courts located in Denver, Colorado for the resolution of disputes arising under this Agreement.
To the extent possible, if any provision of this MOU is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this MOU without affecting the enforceability of the remaining terms and conditions.
If you have any questions about this Agreement, contact email@example.com.
Amendments – Reserved