Common use of Limits on License Clause in Contracts

Limits on License. (a) This license is not assignable or transferable by operation of law or otherwise, except upon the express written consent of the parties, but no assignment shall relieve the parties of their respective obligations as to performances rendered, acts done and obligations incurred prior to the effective date of the assignment. (b) This license is strictly limited to the LICENSEE; to performances during the course and directly a part of the Endurance Event; and to the premises or area where the Endurance Event takes place; it does not authorize any other performances given at the premises. (c) This license does not authorize the broadcasting or telecasting or transmission by wire, Internet, webcasting, on-line service or otherwise, of renditions of musical compositions in ASCAP’s repertory to persons outside of the premises or area where each Endurance Event is presented. (d) This license does not authorize any performances in or as part of a concert, musical recital or similar activity for which a separate ticket or admission is required. (e) 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).

Limits on License. (a) This license is not assignable or transferable by operation of law or otherwise, except upon the express written consent of the parties, but no assignment shall relieve the parties of their respective obligations as to performances rendered, acts done and obligations incurred prior to the effective date of the assignment. (b) This license is strictly limited to the LICENSEE; to performances during the course and directly a part of the Endurance Event; LICENSEE and to the premises or area where the Endurance Event takes place; it and does not authorize any other performances other than those given at the premises, nor does it authorize performances given by anyone else at the premises or at any time. (c) This license does not authorize the broadcasting or telecasting or transmission by wire, Internetinternet, webcasting, on-line service or otherwise, of renditions of musical compositions in ASCAP’s the ASCAP repertory to persons outside of the premises or area where each Endurance Event is presentedpremises. (d) This license does not authorize any performances in or as part of a concert, musical recital or similar activity for which a separate ticket or admission is required. (e) 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) 1. performance of a “dramatico-musical work” (as hereinafter defined) in its entirety; (ii) 2. 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) 3. 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) 4. performance of a concert version of a “dramatico-musical work” (as hereinafter defined). 5. 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. (e) This license does not authorize any performance by means of a coin-operated phonorecord player (jukebox) for which a license is otherwise available from the Jukebox License Office. (f) This license does not authorize performances in connection with a skating revue, extravaganza, show or live performance for which separate or additional admission is charged or in connection with a competition (e.g. figure or speed skating competitions; but not amateur hockey games). (g) This license is limited to the United States, its territories and possessions and the Commonwealth of Puerto Rico.