Free-On-Demand definition

Free-On-Demand means the delivery and exhibition of a program to a consumer (i) for which such consumer is not charged a separately identifiable fee (including, without limitation, a per-program fee, a per-exhibition fee or a separate periodic fee) for the privilege of viewing one or more exhibitions of such program, (ii) the exhibition start times of which are specified by such consumer, (iii) where such exhibition is susceptible of and intended for viewing by such consumer on a viewing device, and (iv) where such exhibition shall not without Licensor’s approval be supported by commercial advertising. “Free-On-Demand” shall not include making programs available for other than Personal Use (e.g. over hotel systems) or distribution on a rental or subscription basis (provided that charging a Service Charge shall not render the offering of Free-On-Demand programming to be a subscription service for any purposes hereunder), or Video-On- Demand, Pay-Per-View and so-called electronic sell through, but shall not preclude DVR Functionality.

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Free-On-Demand shall not include paid subscription, pay-per-view or digital/electronic sale/sell-through.

Free-On-Demand means exhibition of a Program to a viewer (i) for which the viewer pays no fees or charges for the privilege of viewing such exhibition; (ii) which exhibition may be initiated (and/or terminated or paused by) the viewer in the viewer’s discretion; and (iii) which exhibition may be supported by advertising. “Free-On- Demand” shall not include paid subscription, pay-per-view or digital/electronic sale/sell- through.

Examples of Free-On-Demand in a sentence

Licensor shall provide Licensee (i) on the Effective Date, a list of Library Films available for license hereunder on a non-exclusive Free-On-Demand basis with respect to the Term Year 1 and (ii) by September 1 of each Term Year, a list of Library Films available for license hereunder on a non-exclusive Free-On-Demand basis with respect to the following Term Year, specifying the Library FOD Availability Period (each of the foregoing, a “Library FOD List”).
Each Library FOD List shall include all Library Films that Licensor has cleared and made available for Free-On-Demand in the Territory as of the date of such Library FOD List, it being understood that the clearance of certain titles offered (in excess of the number necessary to meet Licensee’s licensing obligations hereunder) may require ads to be run in connection with each exhibition.
Licensee shall have the right to select from such Library FOD List which Library Films it desires to license for Free-On-Demand hereunder, and each Library Film selected by Licensee shall be a Library FOD Program; provided, however, that, with respect to each FOD Exhibition Year, Licensee shall select a number of Library FOD Programs for which the aggregate FOD License Fees equal or exceed the FOD Minimum Fee.
The right so to distribute and exhibit each Library FOD Program during its Library FOD License Period in the medium of Free-On-Demand television delivered by means of: (a) Push Download to Target Devices or (b) Closed IP to Target Devices.
In further consideration for Licensor’s agreement to amend and restate the Prior Agreement by entering into this Agreement, the economic consideration set forth herein, and Licensor’s grant of all rights granted herein, including, without limitation, Free-On-Demand rights in the Library FOD Programs, Licensee shall perform marketing and promotional activities for Included Programs in accordance with tactics mutually agreed by the parties hereto.
Notwithstanding the foregoing, Licensee shall have the right to distribute and exhibit any Library FOD Program hereunder in High Definition by means of Free-On-Demand if a High Definition version of such Library FOD Program is available.
For each Library FOD Program distributed and exhibited by Licensee hereunder, Licensee shall pay Licensor the Library FOD License Fee for each two-month period during which Licensee distributes and exhibits such Library FOD Program by means of Free-On-Demand during the Library FOD License Period for such Library FOD Program.
Unless otherwise specified by Licensor in writing in an Availability Notice or otherwise, Licensee may distribute the Programs only on a Free-On-Demand basis.
In the event Licensee authorizes the exhibition of Content in exchange for a license fee rather than on a revenue share basis, Licensee shall remit to Licensor one hundred percent (100%) of all such license fees received by Licensee from its subdistributors with respect to the Content (including any flat fees or other license fees paid to Licensee by third parties for exhibition of the Content on a Free-On-Demand basis to the extent such fees are not calculated as a share of advertising revenues).
It is expressly understood that Licensee’s right to possess or make limited copies of Included Programs to the extent expressly authorized hereunder shall not in any way be construed as granting to Licensee any interest in the copyright in any such Included Program other than the limited license under copyright for Pay-Per-View, Video-On-Demand or Free-On-Demand Personal Use exhibition expressly granted herein.

More Definitions of Free-On-Demand

Free-On-Demand or “FOD” means the exhibition of a single program in response to the request of a viewer (i) for which the viewer pays no fees or charges for the privilege of viewing such exhibition (whether in the nature of a transaction, rentals or other fee); (ii) the exhibition start time of which is at a time specified by the viewer in its discretion; and (iii) which exhibition shall be non-advertiser supported. Without limiting the generality of the foregoing, FOD shall not include operating on an advertising video-on-demand, subscription, video-on-demand, pay-per-view or digital electronic sale/sell-through basis.

Free-On-Demand means the point-to-point delivery of audio-visual content to a user in response to the request of a user (i) the exhibition start time of which is specified by the user in its discretion; (ii) that is susceptible of and intended for viewing by such user; (iii) for which the user pays no fees or charges for the privilege of viewing such exhibition; and (iv) the exhibition of which is primarily supported by revenue derived from sales of advertising inventory. Without limiting the generality of the foregoing, “Free-On-Demand” shall not include operating on a subscription basis, paid video-on-demand, pay-per-view or digital electronic sale/sell-through. “Streaming” shall mean the transmission of a digital file containing audio-visual, audio-only, graphical and/or textual content from a remote source for viewing concurrently with its transmission, which file, except for temporary caching or buffering, may not be stored or retained for viewing at a later time (i.e., no leave-behind copy -- no playable copy as a result of the stream -- resides on the receiving device). For the avoidance of doubt and subject to the terms of this Agreement, Licensee is expressly prohibited from altering any Clips in any way and exhibiting the same via the Service unless approved by Licensor, Licensee and shall only exhibit any Clips in the form provided or approved by Licensor. Licensee shall include with each Clip it makes available on the Service, or otherwise, a direct link to a website where an end-user may purchase or rent a digital or physical copy of the relevant Program (e.g., via DVD, EST, VOD, etc.) [or purchase tickets for theatrical exhibitions of the relevant Program (each a “Promotional Link”),] [Note to Sony: Based on our discussions with a number of the other studios, we believe that driving users to Fandango and/or other ticket purchase opportunities for titles still in theatres may be some of the most valuable promotion that MoviePop can provide. Please confirm that this concept, and having access to titles still in theatrical release, is acceptable to you as well.] which Promotional Link may, for avoidance of doubt, by presented to such end-users as part of a “summary screen” listing all motion picture titles represented in the immediately preceding “round” of trivia questions. The third-party websites where such Programs or tickets may be purchased and/or rented, as applicable, shall be subject to prior written approval of Licensor, which approval shall not be u...

Free-On-Demand or “FVOD” shall mean the exhibition of a single program in response to the request of a viewer

Free-On-Demand means the point-to-point non-linear exhibition of a single program in response to the request of a viewer (a) for which the viewer pays no fees or charges for the privilege of viewing such exhibition (whether in the nature of a transaction, rental or other fee), (b) the exhibition start time of which is at a time specified by the viewer in its discretion, (c) which is susceptible of and intended for viewing by such viewer simultaneously with the delivery of such program and (d) which exhibition may or may not include and be supported by advertising. Without limiting the generality of the foregoing, “Free-On-Demand” shall not include operating on a subscription, video-on-demand, pay-per-view or digital electronic rental or sell-through basis.

Free-On-Demand or “FVOD” shall mean the exhibition of a single program in response to the request of a viewer (i) for which the viewer pays no fees or charges for the privilege of viewing such exhibition; (ii) the exhibition start time of which is at a time specified by the viewer in its discretion; and (iii) which exhibition includes and is supported by advertising.