hereafter devised, all or any part of any motion picture or other work produced hereunder based on the Property or any adaptation or version thereof, and announcements pertaining to said motion picture or other work, for the purpose of advertising, publicizing or exploiting such motion picture or other work, which broadcasts or transmissions may be accomplished through the use of living actors performing simultaneously with such broadcast or transmission or by any other method or means including, without limitation, the use of motion pictures (including, without limitation, trailers) reproduced on film or by means of magnetic tape, disc, wire, audiovisual cartridge, cassette or through the use of other recordings or transcriptions or any other device now known or hereafter devised.
(e) To publish and copyright or cause to be published and copyrighted in the name of Purchaser or its nominee in any and all languages throughout the world, in any form or media, synopses, each not to exceed 17500 words in length, and abridged versions of the Property for the purpose of advertising, publicizing and/or exploiting any such screenplay, motion picture and/or other work.
(f) For the foregoing purposes to use all or any part of the Property and any of the characters, plots, themes and/or ideas contained therein, and the title of the Property and any title or subtitle of any component of the Property, and to use said titles or subtitles for any motion picture or other version or adaptation whether or not the same is based on or adapted from the Property and/or as the title of any musical composition contained in any such motion picture or other version or adaptation.
(g) To use and exploit commercial or merchandise tie-ups and recordings of any sort and nature arising out of or connected with the Property and/or its motion picture or other versions and/or the title or titles thereof and/or the characters thereof and/or their names or characteristics.
(h)
To use and exploit all music publishing rights and sound track album rights of any sort and nature arising out of or connected with the Property or its motion picture (s) including but not limited to, the right to produce, reproduce, distribute, rent, lend and sell records, tape cassettes, digital sound carriers such as CD, CD-ROM, DCC, DAT, CD-I, CD-DVD, Mini-CD or other sound carriers of any type and form (analogue, digital or other techniques) whatsoever for which the Work and/or the soundtrack of the Production is used or for which the contents of the Work/Production are retold, newly arranged or otherwise adapted as well as the right to radio broadcast, make available such sound carriers and to publicly present same. This includes the right to make and distribute music videos.
All rights, licenses, privileges and property herein granted Purchaser shall be cumulative and Purchaser may exercise or use any or all said rights, licenses, privileges or property simultaneously with or in connection with or separately and apart from the exercise of any other of said rights, licenses, privileges and property. If Owner hereafter makes or publishes or permits to be made or published any revision, adaptation, translation or dramatization or other versions of the Property, then Purchaser shall have and Owner hereby grants to Purchaser without payment therefore all of the same rights therein as are herein granted to Purchaser. The terms "Picture" and Pictures" as used herein shall be deemed to mean or include any present or future kind of motion picture production based upon the Property, with or without sound recorded and reproduced synchronously therewith, whether the same is produced on film or by any other method or means now or hereafter used for the production, exhibition and/or transmission of any kind of motion picture productions. All so-called rental and lending rights under national laws (whether implemented pursuant to the EC Rental and Lending Rights Directive or otherwise), shall be deemed granted and assigned to Purchaser hereunder and the fixed consideration set forth in paragraph 10 hereof to Owner shall be deemed inclusive of consideration for and equitable remuneration for rental lending rights, such consideration and remuneration including but not limited to an agreed allocation to the rental lending rights of 3.8% of such fixed consideration, any sums payable to Owner with respect to rental lending rights under any applicable collective bargaining agreements, and any residual payable to Owner under any applicable collective bargaining agreements, and any residuals payable to writer under any applicable collective bargaining agreement with respect to home video exploitation which are reasonably attributable to the sale of home video devices for rental purposes in the territories and jurisdictions recognizing rental rights. If under the applicable law of any territory or jurisdiction any additional or different compensation is required to be paid to Owner as a form of equitable remuneration, then it is agreed that the grant of rights herein is fully effective and, if necessary, both parties shall in good faith negotiate such additional amount as required under applicable law.
2. RIGHT TO MAKE CHANGES: Owner agrees that Purchaser shall have the unlimited right to vary, change, alter, modify, add to and/or delete from the Property, and to rearrange and/or transpose the Property and change the sequence thereof and the characters and descriptions of the characters contained in the Property, and to use a portion or portions of the Property or the characters, plots, or theme thereof in conjunction with any other literary, dramatic or other material of any kind. Notwithstanding the foregoing, if Owner shall be ready, willing and able to perform at the times reasonably requested by Purchaser, Owner shall be entitled to perform and have the right to be the first one to do rewrites and polishes of the Property. Owner hereby waives the benefits of any provision of law known as the "droit moral" or any similar law in any country of the world, except for “droit moral” laws pertaining to French network, cable, and syndicated television, and agrees not to permit or prosecute any action or lawsuit on the ground that any Picture or other version of the Property produced or exhibited by Purchaser, its assignees or licensees, in any way constitutes an infringement of any of the Owner's droit moral or is in any way a defamation or mutilation of the Property or any part thereof or contains unauthorized variations, alterations, modifications, changes or translations.
3. DURATION AND EXTENT OF RIGHTS GRANTED: Purchaser shall enjoy, solely and exclusively, all the rights, privileges and property granted hereunder throughout the universe, in perpetuity, as long as any rights in the Property are recognized in law or equity, except insofar as such period of perpetuity may be shortened due to any now existing or future copyright by Owner of the Property , in which case Purchaser shall enjoy its sole and exclusive rights, privileges and property hereunder to the fullest extent permissible under and for the full duration of such copyright or copyrights, whether common law or statutory, and any and all renewals and/or extensions thereof, and shall thereafter enjoy all such rights, privileges and property non-exclusively in perpetuity throughout the universe. The rights granted herein are in addition to and shall not be construed in derogation of any rights which Purchaser may have as a member of the public. Upon payment of the purchase price set forth in paragraph 4 below, all rights, privileges and property granted herein to Purchaser are irrevocable and not subject to termination, rescission, restraint or injunction under any circumstances, Owner's sole remedy for any breach hereof being a suit at law for damages If a motion picture based upon the Property shall not have commenced principal photography within one and a half years from date hereof, then all rights hereunder shall revert to Owner subject to a first position security interest in Purchaser for an amount equal to all monies paid to Owner with respect to said purchase price and all monies paid to Owner on account of writing services (whether performed hereunder or pursuant to the option agreement to which this agreement is attached as Exhibit A), such amount being payable and paid to Purchaser not later than the first day of principal photography of any motion picture or other production based upon the Property.
4A. PURCHASE PRICE. As consideration for all rights granted and assigned to Purchaser and for Owner's representations and warranties, Purchaser agrees to pay to Owner, and Owner agrees to accept, with respect to the motion picture produced hereunder based upon the Property the sum of Seventy Five Thousand US$ ($75,000.00) as follows:
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