Term: One-time use.
Licensor: Depression and Bipolar Support Alliance (DBSA).
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Work: Psychiatrist as Patient: Caring for the Caregiver
Grant of License: Licensor hereby grants to Licensee a limited, non-exclusive, revocable license to broadcast the Work to its internal staff, students, or other DBSA approved audience one-time solely for educational purposes. Licensee may not sublicense, transfer, or sell any rights granted to it under this Agreement.
Acknowledgement. Licensee agrees that it shall provide acknowledgement to the Licensor as to ownership and permitted use of the Work as follows: Licensee shall acknowledgement in the presentation of the Work at the time that the Work is first displayed that the Work originates from DBSA.
Use of the Work. In the use of the Work, Licensee shall comply with all applicable governmental statutes, regulations or directives; and shall not use the Work in a manner which is deceptive or would bring the Work or Licensor into disrepute.
Ownership of Work. Nothing contained in this Agreement shall in any way confer on Licensee any right not specifically set forth herein, including the legal title to the Work. Licensee acknowledges Licensor’s exclusive ownership of the Work, as well as the validity of the Work, and shall not contest during the Term, or at any time thereafter, Licensor’s ownership of, and the validity of, the Work.
Termination. This Agreement may be terminated immediately by Licensor upon written notice to Licensee if Licensee shall fail, within thirty days after the receipt of written notice from Licensor, to remedy the breach of any term of this Agreement or fails to comply with any applicable law or regulation. Upon the termination of this Agreement, Licensee shall no longer use, in any manner whatsoever, the Work.
Limitation of Liability. The Work is provided AS-IS, with all faults. Licensor disclaims all warranties, express or implied, including the warranties of merchantability, fitness for a particular purpose, and non-infringement. Licensor shall not be liable to Licensee for any direct, indirect, incidental, special or consequential damages, including without limitation, damages for loss of profits, injury or otherwise incurred by Licensee or any third party, whether in an action in contract, tort, under statute, in equity, at law, or otherwise, even if Licensor has been advised of the possibility of such damages. If despite this limitation of liability, Licensor is found liable for any damages, claim, costs or fees, Licensor’s total liability to Licensee arising under or out of this Agreement or the Work shall in no event exceed $100.
Miscellaneous. Nothing contained herein shall constitute this arrangement to be employment, a joint venture or a partnership. This Agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements between the parties concerning the subject matter hereof. It shall not be modified or amended except in writing signed by the parties hereto and specifically referring to this Agreement. If any provision of this Agreement shall be invalid, such invalidity shall not affect any of the other provisions. A waiver by either party of any term or condition in this Agreement in one instance shall not be deemed or construed to be a waiver of such term or conditions in the future, or of any subsequent breach thereof, whether of the same or of a different nature. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, transferees, and assigns, whether by merger or consolidation or otherwise, except that the rights of Licensee hereunder shall not be assigned without written approval of Licensor. This Agreement shall be governed by and determined under the laws of the State of Illinois.
Notices. All notices, consents, requests, instructions, approvals and other communication provided for herein and all legal process in regard hereto shall be validly given, made or served, if in writing, and delivered personally or sent by registered air mail, postage prepaid, to the parties at their addresses set forth below or to such person to be specifically named hereinafter by the parties.