2006M26-Licensing Agreement
ORDINANCE NO. 06-"- 26
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ,
TEXAS AUTHORIZING A LICENSING AGREEMENT
WHEREAS, the City of Schertz, Texas (the "City") has copyrighted a police dashboard video under the
title "City of Schertz, Texas Interstate 35 Shooting Incident" relating to a police action that occurred on
March 3, 2005 (the "Copyrighted Work");
WHEREAS, certain persons and organizations have expressed an interest in using the Copyrighted Work;
WHEREAS, the Chief of Police has recommended that he be authorized to approve the use of the
Copyrighted Work in police training programs for non-profit or other governmental agencies; and
WHEREAS, it is recommended that such use of the Copyrighted Work be pursuant to a Licensing
Agreement with the City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS:
SECTION I
The Chief of Police is authorized to approve the use of the Copyrighted Work in the police training
programs of non-profit or other governmental agencies pursuant to a Licensing Agreement in
substantially the form attached hereto as Exhibit A, with such modifications therein as shall be approved
by the City Manager.
SECTION II
All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed.
PASSED AND APPROVED on first reading this the /I;. 'i!l day of
,2006.
ATTEST:
(SEAL OF CITY)
20159573.1
EXHIBIT A
Licensing Agreement
20159573.1
A-I
VIDEO LICENSE AGREEMENT FOR USE IN CERTAIN TRAINING ACTIVITIES
The City of Schertz, Texas (the "City"), is the owner of the rights in the audiovisual work City of Schertz, Texas
Interstate 35 Shooting Incident (the "Work"), including but not limited to the copyrights therein. The licensee
appearing in the signature block below ("Licensee") wishes to use the Work or certain portions thereof for the
purpose of providing non-profit or governmental training for law enforcement personnel ("Allowed Training
Purposes").
1. Grant of License. For good and valuable consideration, the City grants to Licensee a non-exclusive
license to publicly exhibit the Work subj ect to the restrictions set forth herein. Licensee shall deposit a check
payable to the "City of Schertz" in the amount of $_ [amount to be determined on a case-by-case basis
by the City Manager in consultation with the Chief of Police] as a deposit. The City will hold such check for
deposit only if the Work is not returned to the City as required in Section 4.
2. Scope of License. This license is granted on a non-exclusive basis and solely for Allowed Training
Purposes for a period of beginning on the execution date of this License (the "Tenn").
3. Pennitted Edits to the Work. The Licensee may not edit the Work except to shorten it to accommodate
the Licensee's time requirements. No other edits are permitted unless the Licensee obtains the City's prior
written approval. The Licensee is pennitted to make copies of the Work solely as a step in the process of
implementing authorized edits.
4. Return of Copies. All copies of the Work provided to the Licensee must be returned to the City at the
expiration of the Term. Any reproductions made during the modification process described in paragraph 3 above
must be destroyed or delivered to the City at the end of the Tenn. Upon the City's request, the Licensee will
provide an affidavit or other writing to attest to the return and/or destruction of all copies ofthe Work.
5. No Internet Distribution. The Licensee may not distribute, display, or exhibit (or pennit others to
distribute, display, or exhibit) the Work via the internet. If the Licensee wishes to engage in uses ofthe Work via
the internet, it must enter into a separate agreement with the City governing such use.
6. Reservation of Rights. All rights not expressly granted to the Licensee herein are reserved to the City.
Without limitation, the Licensee may not modify, amend, or reproduce the Work in any way or distribute, display,
or exhibit the Work other than as specifically provided herein. The deposit referenced in Section 1 is not
liquidated damages for the Licensee's violation of this Agreement. It is simply a penalty for the Licensee's
failwe to comply with Section 4 when required. In the event of the Licensee's violation of the terms of this
Agreement, the City will pursue all remedies, financial and otherwise, to protect its interest in the Work.
7. No Warranties. The Work is provided to the Licensee on an as-is basis and with no warranties
whatsoever, and the City expressly disclaims any express or implied warranties with respect to any and all aspects
of the Work or the Licensee's intended use thereof.
8. Governing Law: Jwisdiction and Venue. This Agreement and the license granted herein will for all
purposes be governed by and interpreted and enforced in accordance with the laws of the State of Texas.
Exclusive venue and jurisdiction for all disputes arising from or related to this Agreement shall reside in the state
or federal courts located in Guadalupe County, Texas.
, Licensee
CITY OF SCHERTZ
By:
Print Name:
Title:
Date:
By:
Don Taylor
City Manager
Date:
COPYRlGIIT LICENSING AGMT.doc