a. "Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this License.
b. "Licensor" means the individual or entity that offers the Work under the terms of this License.
c. "Original Author" means the individual or entity who created the Work.
d. "Work" means the copyrightable work of authorship offered under the terms of this License.
e. "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
a. Materials OTHER THAN Teaching Messages, Message Series, Video Worship Podcasts
i. to reproduce the Work;
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The above rights may be exercised in all media and formats whether now known or hereafter devised. All rights not expressly granted by Licensor are hereby reserved, including but not limited to the rights set forth in Sections 4(d) and 4(e).
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b. You may not exercise any of the rights granted to You in Section 3 above in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation. You may not exercise any of the rights granted to You in Section 3 for any purpose other than leading people to become fully devoted followers of Jesus Christ.
c. You may not use the trademark or service marks of Elevation Church specifically including but not limited to representing your organization as Elevation Church or affiliated with Elevation Church. Nothing herein shall be construed to place the parties in a partnership or joint venture together, and you shall not have the power to bind or obligate Elevation Church in any manner.
d. For the avoidance of doubt, where the Work is a musical composition:
i. Performance Royalties Under Blanket Licenses. In addition to automatically terminating this License as provided in Section 7 below, Licensor reserves the exclusive right to collect, whether individually or via a performance rights society (e.g. ASCAP, BMI, SESAC), royalties for the public performance or public digital performance (e.g. webcast) of the Work IF THAT PERFORMANCE IS PRIMARILY INTENDED FOR OR DIRECTED TOWARD COMMERCIAL ADVANTAGE OR PRIVATE MONETARY COMPENSATION.
ii. Mechanical Rights and Statutory Royalties. In addition to automatically terminating this License as provided in Section 7 below, Licensor reserves the exclusive right to collect, whether individually or via a music rights agency or designated agent (e.g. Harry Fox Agency), royalties for any phonorecord You create from the Work ("cover version") and distribute, subject to the compulsory license created by 17 USC Section 115 of the US Copyright Act (or the equivalent in other jurisdictions), IF YOUR DISTRIBUTION OF SUCH COVER VERSION IS PRIMARILY INTENDED FOR OR DIRECTED TOWARD COMMERCIAL ADVANTAGE OR PRIVATE MONETARY COMPENSATION.
e. Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where the Work is a sound recording, in addition to automatically terminating this License as provided in Section 7 below, Licensor reserves the exclusive right to collect, whether individually or via a performance-rights society (e.g. SoundExchange), royalties for the public digital performance (e.g. webcast) of the Work, subject to the compulsory license created by 17 USC Section 114 of the US Copyright Act (or the equivalent in other jurisdictions), IF YOUR PUBLIC DIGITAL PERFORMANCE IS PRIMARILY INTENDED FOR OR DIRECTED TOWARD COMMERCIAL ADVANTAGE OR PRIVATE MONETARY COMPENSATION.
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6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
a. This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
b. Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to change the terms and conditions of this License at any time by posting an updated version of the Agreement on the Elevation Church Web site located at www.elevationchurch.org. You are responsible for regularly reviewing the Elevation Church Web site for changes to this License. Continued use of the Work after any such changes shall constitute your consent to such changes. For your convenience and future reference, the date of the version of this License is set forth below. Contained within the content file you will download is a copy of the version of the License that you reviewed and approved. You can compare it to the version in effect at a later date to determine what changes, if any, have been made.
a. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
b. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
c. This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.