|If you wish to produce the Play, simply acknowledge your agreement to the terms of the License below by filling out the form and making a one-time payment of $100 via PayPal.
|LICENSE AGREEMENT (“License”) BETWEEN LISA BRENNER AND SUZANNE TRAUTH (the “Authors”) and A PRODUCER OF THE PLAY “KATRINA: THE K WORD” (the “Licensee” or “You”):
Subject to and in consideration of Licensee’s compliance with the terms and conditions described below, the Authors hereby grant a limited non-exclusive license to the Licensee to produce the play Katrina: the K Word (the “Play”), as follows:
- Prior to producing the Play and prior to advertising or selling tickets for the Play, Licensee will fully and accurately fill out the form below and make a one-time $100 payment via PayPal.
- Term: Licensee may produce the Play and present it according to the terms of this License during any dates through December 31, 2016.
- This License is for theatrical production on one stage only, and any other usage by Licensee of the Play, including via television, tape, any audio or video format, any computer or internet format, or any other usage outside of live theatrical production on stage, is strictly prohibited. This prohibition includes any other usages which may be developed in the future.
- This License does not include permission for theatrical tours. Please contact the Authors if you wish to explore the possibility of a theatrical tour.
- Merchandising: No rights are granted to Licensee to create, manufacture, or sell, or to authorize the creation, manufacture or sale of, items of merchandise relating to the Play such as, without limitation, wearing apparel, novelties, or any other physical property representing a character in the Play or using the name, character or title of the Play or otherwise connected with the Play or its title.
- Licensee agrees not to make any additions, deletions or other alterations to the Play, including alterations of the race or gender of the characters without the written permission of the Authors. Licensee may not transform or build upon the Play or create a derivative work from it without the written permission of the Authors. Please contact the Authors if you wish to discuss obtaining such permission. Nothing in this license impairs the moral rights of the Authors. Licensee agrees to credit the Authors in the program, and in any other publicity, public relations, and any other media related to the performance, as well as on any signage related to the production, in a size and prominence of type not less than 50% of the size and prominence of type used for the title, as follows: Conceived and Created by Lisa S. Brenner and Suzanne M. Trauth. Licensee may not state or imply that the Authors endorse Licensee or Licensee’s use of the Play.
- Licensee agrees to provide (if requested with one week’s advance notice) two pairs of complimentary tickets, for seats in good center orchestra locations, to each performance of the Play presented by the Licensee for the use of Authors or other persons.
- This License in no way grants the Licensee any rights in the intellectual property of or relating to the Play, and that the copyright and associated trademarks, including KATRINA: THE K WORD, shall remain the exclusive property of the Authors.
- Neither this License nor the rights licensed hereunder may be sublicensed or assigned by Licensee without the prior written consent of the Authors.
- The License will terminate automatically and shall be considered void ab initio upon any breach by Licensee. However, any exclusive rights in the Play and any other rights of the Authors shall continue to be held by the Authors.
- The Authors offer the Play as-is and make no representations or warranties of any kind concerning the Play, express, implied statutory or otherwise, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, or the absence of latent or other defects, accuracy, or the presence of absence or errors, whether or not discoverable. Except to the extent that applicable law renders this term unenforceable, in no event will the Authors be liable to Licensee on any legal theory for any special, incidental, consequential, punitive or exemplary damages arising out of this License or the use of the Play even if the Authors have been advised of the possibility of such damages.
- Nothing contained in this License or resulting from performance thereof shall be deemed to make Licensee a partner or joint venturer with the Authors.
- Regardless of where Licensee presents the Play, this License shall be governed by and construed in accordance with the laws of the State of New York applicable to agreements made and entirely performed in that State. Any dispute or controversy arising out of or under this License or pertaining thereto shall be litigated only in the courts of the State of New York in the County of New York or in the United States District Court for the Southern District of New York. The parties hereto hereby irrevocably consent to the exclusive jurisdiction those courts for the purpose of any action or proceeding hereunder.
- This License incorporates and supersedes all prior agreements, whether oral or written, between the parties to this License with respect to its subject matter. This License may not be altered, modified or changed except by a written document signed by the Authors and Licensee.