2004-036B - Laserfiche WebLink

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2 . Limitations On License (a) This license is not assignable or transferable by operation of law or otherwise . This license does not authorize LICENSEE to grant to others any right to perform publicly in any manner any of the musical compositions licensed under this agreement , nor does it authorize any public performances at any of the Premises in any manner except as expressly herein provided . (b) This license does not authorize (i) the broadcasting , telecasting or transmission or retransmission by wire , Internet , website or otherwise , of renditions of musical compositions in ASCAP ' s repertory to persons outside of the Premises , other than by means of a music -on-hold telephone system operated by LICENSEE at the Premises ; and (ii) performances by means of background music (such as Muzak) or other services delivered to the Premises . Nothing in this paragraph shall be deemed to limit LICENSEE ' s right to transmit renditions of musical compositions in the ASCAP repertory to those who attend Events or Functions on the Premises by means of teleconferencing , videoconferencing or similar technology . (c) This license is limited to non-dramatic performances , and does not authorize any dramatic performances . For purposes of this agreement , a dramatic performance shall include , but not be limited to , the following : (i) performance of a " dramatico-musical work " (as hereinafter defined) in its entirety ; (ii) performance of one or more musical compositions from a " dramatico-•musical work (as hereinafter defined) accompanied by dialogue , pantomime , dance , stage action , or visual representation of the work from which the music is taken ; (iii) performance of one or more musical compositions as part of a story or plot , whether accompanied or unaccompanied by dialogue , pantomime , dance , stage action , or visual representation ; (iv) performance of a concert version of a " dramatico-musical work" (as hereinafter defined) . The term " dramatico-musical work" as used in this Agreement , shall include , but not be limited to , a musical comedy , opera , play with music , revue , or ballet . (d) This license does not authorize performances : (i) at any convention, exposition, trade show , conference , congress , industrial show or similar activity presented by LICENSEE or on the Premises unless it is presented or sponsored solely by and under the auspices of LICENSEE , is presented entirely on LICENSEE ' S Premises , and is not open to the general public ; (ii) by or at colleges and universities ; (iii.) at any professional sports event or game played on the Premises ; (iv) at any permanently situated theme or amusement park owned or operated by LICENSEE ; (v) by any symphony or community orchestra ; (vi) by means of a coin operated phonorecord player (jukebox) for which a license is otherwise available from the Jukebox License Office . 3 . License Fee (a) In consideration of the license granted herein , LICENSEE agrees to pay ASCAP a license fee which includes the total of the " Base License Fee " and any applicable " Special Events License Fees " , all of which shall be calculated in accordance with the Rate Schedule attached to and made part of this Agreement . For purposes of this Agreement , (i) " Base License Fee " means the annual fee due in accordance with Schedule A of the Rate Schedule and based on LICENSEE ' s population as established in the most recent published U . S . Census data . It does not include any fees due for Special Events . (ii) " Special Events License Fees " mean the amount due in accordance with Schedule B of the Rate Schedule when Special Events are presented by or on behalf of LICENSEE . It does not include any Base License Fees due . (iii) LICENSEES who are legally organized as state municipal and/or county leagues or state associations of municipal and/or county attorneys shall be required to pay only the fee under Schedule C of the Rate Schedule . Such leagues or associations are not subject to Schedule A or Schedule B of the Rate Schedule . Fees paid by such leagues or associations do not cover performances of the municipality , county or other local government entity represented by the league or association . Schedule C fees are not applicable to municipal , county or other local government entities . (b) Unless otherwise limited by law , LICENSEE shall pay a finance charge of 1 . 5 % per month from the due date , or the maximum amount permitted by law , whichever is less , on any required payment that it is not made within thirty days of its due date .