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Upgrade 3: Entertainment - legally valid only with separate buyout contract
Only select Upgrade 3 if a Buyout has been agreed and paid for in consultation with us. The written bilateral agreement is thereby legally finalised. Upgrade 3 is symbolically indicated with Euro 0.-
The distribution channels open for entertainment are e.g.:
- (IP)TV&Cinema (financing through advertising, sponsoring etc.)
- OTT-Streaming (paywall and instream ad revenues)
- In-flight entertainment systeme (airlines, shipping)
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Games/Consoles (paywall, sales, financing through advertising)
- Download (paywall, financing through advertising)
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Physical data carrier (sales, financing through advertising)
Upgrade 3 can only be negotiated bilaterally and requires the symbolic purchase to be linked to the General license and business conditions (GLC & GBC) here in the shop.
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2.3UPGRADE 3 (Entertainment)
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a.The use of a ProTraxx or film for entertainment purposes requires the purchase of a Lifetime-Licence.
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b.UPGRADE 3 serves to extend (buyout) the rights of use which are to be bilaterally negotiated in individual cases, and permits the commercial use of the Work for entertainment purposes via the distribution channels excluded in the Lifetime-Licence (GLC sec. 1.2.b), in particular in the area of feature films/series and documentary/educational films, and generally for games on stationary or mobile devices (e.g. computer games, browser games, apps, consoles, cell phone games, data/device storage, etc.), which generate income (monetization) through use. The rights of use of the Work for entertainment purposes, which are not explicitly mentioned in the bilateral agreement/extension, are already granted within the Lifetime-Licence.
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c.UPGRADE 3 permits the license holder to use, publish and distribute a work based on a ProTraxx for general entertainment purposes and to publish the work on the agreed distribution channels.
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d.in UPGRADE 3, conditions, duration, and distribution area (COUNTRIES) of the extended license must be negotiated bilaterally.
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e.Bilateral negotiations will commence before or after completion of the ordering process of the Lifetime-Licence(s). We recommend starting the bilateral negotiations beforehand. ProTraxx(s) can be reserved on request (info@phonogen.com) for up to 5 days free of charge without obligation to purchase (the service is without guarantee).
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f.After the negotiated UPGRADE 3 extension option expires, the restricted rights of use and distribution from the underlying Lifetime-Licence automatically reapply to the bilateral agreements (buyout) that fall outside the scope of application. The license holder must independently monitor the duration and scope of validity within the selected distribution area.
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g.UPGRADE3 does NOT cover and it is prohibited to use ProTraxx under the UPGRADE 3 expansion option without prior payment of the upgrade fees. The Upgrade 3 becomes legally valid only if the following 3 criteria are met: 1. the Lifetime-Licence(s) has/have been purchased, 2. a written contract (buyout) between PHONOGEN and the Licensee has been concluded and paid for against a separate invoice, 3. the Upgrade 3 has been symbolically ordered in the store. In the user account (My Licenses) the price for the option UPGRADE 3 is therefore set to Euro 0.-
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