Common use of VERSION Clause in Contracts

VERSION. Each Picture Master shall be originated from the version of each Included Program which was theatrically released by Licensor in the United States, or if unavailable, the version released on home video. All Picture Masters shall be in the 16:9 aspect ratio unless otherwise specified. If a closed-captioned version has been completed for such 16:9 Picture Masters, then Licensor shall make available the closed captioned version to Licensee at no cost to Licensee. If a closed-captioned version for such 16:9 Picture Master has not been completed by Licensor, but is nonetheless required by law (including that Licensee is required by law to exhibit a closed-captioned version), then Licensor shall create and make available to Licensee the closed-captioned version at no cost to Licensee, provided, that Licensee delivers the booking confirmation for the High Definition exhibition of such Included Program within 10 Business Days of receiving the availability notice therefor. Otherwise, Licensor shall make available to Licensee at no cost the materials necessary for Licensee to create such close-captioned version, if available (it being agreed and understood, however, that creating the closed-caption version from such materials shall be at Licensee’s sole cost and expense). In the event that no closed-caption materials are available for a Library PPV Program, Library VOD Program or a Library FOD Program, Licensor agrees to discuss with Licensee the substitution of a Library PPV Program, Library VOD Program or a Library FOD Program, as applicable, for which closed-captioned materials are available, although failure to provide such substitution shall not be a breach under the Agreement. If the Included Program is available in the original aspect ratio (i.e. letterbox/widescreen format), then Licensor shall make available to Licensee copies of such versions, if so requested by Licensee. If elements of teasers and trailers are available in separate component form (i.e. clean video, clean music, clean announce), then Licensor shall make available to Licensee copies of such versions, if so requested by Licensee.

Appears in 5 contracts

Samples: License Agreement, License Agreement, License Agreement

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VERSION. Each Picture Master shall be originated from the version of each Included Program which was theatrically released by Licensor in the United States, or if unavailable, the version released on home video. All Picture Masters shall be in the 16:9 4:3 full frame aspect ratio unless otherwise specified. If a closed-closed- captioned version has been completed for such 16:9 4:3 full frame Picture Masters, then Licensor shall make available the closed captioned version to Licensee at no cost to Licensee. If a closed-captioned version for such 16:9 of a Picture Master has not been completed by Licensor, but is nonetheless required by law (including that Licensee is required by law to exhibit a closed-captioned version), then (i) for any BO Category A+, A, B or C Current VOD Program or Current PPV Program, BO Category D or E Current VOD Programs (to the extent necessary to fulfill Licensee’s commitment set forth in Section 9.3.1 of the Agreement), Library VOD Programs (to the extent necessary to fulfill Licensee’s commitment set forth in Section 9.5.2.1 of the Agreement), and Library FOD Programs (to the extent necessary to fulfill Licensee’s commitment set forth in Section 9.6 of the Agreement), Licensor shall create and make available to Licensee the closed-closed- captioned version at no cost to Licensee, provided, that Licensee delivers the booking confirmation and (ii) for the High Definition exhibition of such any Included Program within 10 Business Days of receiving the availability notice therefor. OtherwisePrograms not falling under clause (i) above, Licensor shall make available to Licensee at no cost the materials necessary for Licensee to create such close-captioned version, if available (it being agreed and understood, however, that creating the closed-closed- caption version from such materials shall be at Licensee’s sole cost and expense). In the event that no closed-caption materials are available for a Library PPV Program, Library VOD Program or a Library FOD Program, Licensor agrees to discuss with Licensee the substitution of a Library PPV Program, Library VOD Program or a Library FOD Program, as applicable, for which closed-captioned materials are available, although failure to provide such substitution shall not be a breach under the Agreement. If the Included Program is available in the original aspect ratio (i.e. letterbox/letterbox/ widescreen format), then Licensor shall make available to Licensee copies of such versions, if so requested by Licensee. If elements of teasers and trailers are available in separate component form (i.e. clean video, clean music, clean announce), then Licensor shall make available to Licensee copies of such versions, if so requested by Licensee.

Appears in 4 contracts

Samples: License Agreement, License Agreement, License Agreement

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VERSION. Each Picture Master shall be originated from the version of each Included Program which was theatrically released by Licensor in the United States, or if unavailable, the version released on home video. All Picture Masters shall be in the 16:9 4:3 full frame aspect ratio unless otherwise specified. If a closed-captioned version has been completed for such 16:9 4:3 full frame Picture Masters, then Licensor shall make available the closed captioned version to Licensee at no cost to Licensee. If a closed-captioned version for such 16:9 of a Picture Master has not been completed by Licensor, but is nonetheless required by law (including that Licensee is required by law to exhibit a closed-captioned version), then (i) for any BO Category A+, A, B or C Current VOD Program or Current PPV Program, BO Category D or E Current VOD Programs (to the extent necessary to fulfill Licensee’s commitment set forth in Section 9.3.1 of the Agreement), Library VOD Programs (to the extent necessary to fulfill Licensee’s commitment set forth in Section 9.5.2.1 of the Agreement), and Library FOD Programs (to the extent necessary to fulfill Licensee’s commitment set forth in Section 9.6 of the Agreement), Licensor shall create and make available to Licensee the closed-captioned version at no cost to Licensee, provided, that Licensee delivers the booking confirmation and (ii) for the High Definition exhibition of such any Included Program within 10 Business Days of receiving the availability notice therefor. OtherwisePrograms not falling under clause (i) above, Licensor shall make available to Licensee at no cost the materials necessary for Licensee to create such close-captioned version, if available (it being agreed and understood, however, that creating the closed-caption version from such materials shall be at Licensee’s sole cost and expense). In the event that no closed-caption materials are available for a Library PPV Program, Library VOD Program or a Library FOD Program, Licensor agrees to discuss with Licensee the substitution of a Library PPV Program, Library VOD Program or a Library FOD Program, as applicable, for which closed-captioned materials are available, although failure to provide such substitution shall not be a breach under the Agreement. If the Included Program is available in the original aspect ratio (i.e. letterbox/letterbox/ widescreen format), then Licensor shall make available to Licensee copies of such versions, if so requested by Licensee. If elements of teasers and trailers are available in separate component form (i.e. clean video, clean music, clean announce), then Licensor shall make available to Licensee copies of such versions, if so requested by Licensee.

Appears in 1 contract

Samples: License Agreement

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