This VIDEO License Agreement (the “Agreement”) is made and effective upon activation of Subscription.

BETWEEN: Breaking Boredom With Elaine (the “Owner”) operating under the laws of the Greenwood, Indiana, with its office located at: 711 Cross Wind Drive ~ Greenwood, IN 4143

AND: (Licensee Name) (the “Licensee”), a corporation organized and existing under the laws of CITY, STATE, with its head office located at: (COMPLETE ADDRESS)

WHEREAS, the Owner is the holder of the copyright to certain Videos identified herein and is the creator owner of BreakingBoredomWithElaine.com.

Licensee wishes to use the Videos of Owner in their Facilities.

1. Owner represents and warrants to the Licensee that it is the sole and exclusive owner of certain Videos which are described in Exhibit “A” attached hereto and made a part hereof (hereinafter referred to as the “Videos”). Owner represents and warrants it is has registered and obtained registration certificate from ASCAP (American Society of Composers, Authors and Publishers) with respect to the Videos. Owner maintains a site accessible through the World Wide Web, which site is located at www.BreakingBoredomWithElaine.com
2. Licensee wishes to obtain a license to use the Videos in connection with its Facilities and Owners wishes to grant Licensee such a license subject to the terms and conditions set forth in this Agreement.
3. The license granted herein shall be limited to the right to integrate the Videos into the Facility Resident Communication System of the Licensee. Licensee shall have no right to offer the Videos for sale or otherwise distribute, publish, grant any sub-licenses, sell, rent, convey, offer for download, or otherwise exploit the Videos. Licensee shall not be permitted to create any derivative works based on the Videos. Licensee may NOT shared. Videos between locations. Each location must Subscribe as a Sole Subscriber. Login (User IDs and Passwords may NOT be shared. Violation will result in immediate termination of said Subscription. Owner hereby grants to the Licensee, the non-exclusive right and license to use the Videos, or any portion of the Videos, as the Licensee shall see fit, in connection with the Licensee’s Facility Resident Communication System.
4. The License granted herein includes the right to adapt the Videos to an appropriate file format to accommodate the Facility Resident Communication System. Including MPEG files, REAL format, or any other format which will permit integration into the Licensee’s Facility Resident Communication System and access to the Videos.
5. Owner hereby grants to the Licensee the right to use the name of the Owner in connection with its Website and Facility Subscription. Owner represents and warrants that it has the full right and permission to grant such licenses and permissions.
6. Licensee has the right to terminate Subscription at any time, with three (3) day notification to Owner. Any funds moving forward will not be charged. No refund will be issued. Upon any termination of this Agreement, Licensee shall cease and desist from all use of the Videos and shall immediately remove the Videos from its Facility Resident Communication System.
7. Governing Law: In interpreting the terms of this Agreement, the parties agree that the laws of the state of Indiana shall be applicable. All suits permitted to be brought in any court shall venue in Indiana.
8. Entire Agreement: This Agreement contains the entire agreement and understanding of the parties with respect to the subject matter hereof and supercedes and replaces all prior discussions, agreements, proposals, understandings, whether orally or in writing, between the parties related to the subject matter of this Agreement. This Agreement may be changed, modified or amended only in a written agreement that is duly executed by authorized representatives of the parties. If any provision hereof is deemed to be illegal or unenforceable by a court of competent jurisdictions, the enforceability of effectiveness of the remainder of the Agreement shall not be affected and this Agreement shall be enforceable without reference to the unenforceable provision. No party’s waiver of any breach or accommodation to the other party shall be deemed to be a waiver of any subsequent breach.

IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth first above, with full knowledge of its content and significance and intending to be legally bound by the terms hereof.