This Mobile Application End User License Agreement ("Agreement") sets forth legally binding terms between Users, Members, Visitors, and Web Administrators (collectively, "End User", "you", or "Licensee") and FANLINE, Inc. ("FANLINE") for your use of the FANLINE application (including all related documentation, the "Application"). The Application is licensed, not sold, to you.
BY REGISTERING AND/OR LOGGING IN, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL AND USE THE APPLICATION.
The Application provides a platform for enabling direct communication, interaction, and engagement between celebrities, Musicians, Artists, experts, and other prominent individuals (“Entertainers”) and their admirers (“Fans”). A Fan may initiate communication with an Entertainer by using the Application’s chat function and selecting basic chat (text) or photo messaging. The Entertainer will use their best efforts to comply with any reasonable Fan requests for a Transaction and will respond within 48 hours. Chats are paid for via credits purchased in the iTunes store and Google Play. All credit purchases are final and no refunds will be provided; however, if a Fan does not receive the requested communication from an Entertainer that has been paid for with credits, the credits will be refunded to the Fan’s account and can be used for messaging access to other Entertainers.
You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions under this Agreement. FANLINE reserves and shall retain its entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
FANLINE is based in the prefecture of Tokyo, Japan, and the Application is provided for access and use only by persons located in Japan. You acknowledge that you may not be able to access the Application outside of Japan and that access thereto may not be legal by certain persons or in certain countries. If you access the Application from outside Japan, you are responsible for compliance with local laws.
FANLINE may from time to time, in its sole discretion, develop and provide Application updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that FANLINE has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet, either:
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
You agree not to use the Application in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, including, but not limited to, FANLINE administrators, other users, and the Entertainers, and that FANLINE is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, or illegal messages or transmissions that you may receive as a result of using the Application. s
2 The Application may display, include, or make available third-party content (including content provided by Entertainers and Fans as well as data, information, applications, and other products, services, and/or materials), or provide links to third-party websites or services, including through third-party advertising ("Third Party Content"). You acknowledge and agree that FANLINE is not responsible for Third Party Content, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. FANLINE does not assume, and will not have, any liability or responsibility to you or any other person or entity for any Third Party Content. You acknowledge and agree that Third Party Content and links thereto are provided solely as a service and convenience to you, and that you access and use Third Party Content entirely at your own risk, and subject to such third parties' terms and conditions.
You acknowledge and agree that the provision of access to any Third Party Content shall not constitute or imply any endorsement by FANLINE or its affiliates of such Third Party Content. FANLINE reserves the right to restrict or deny access to any Third Party Content otherwise accessible through the Application, although FANLINE has no obligation to restrict or deny access, even if requested by you.
If you are a Fan, you agree that any Third Party Content provided by an Entertainer in response to your messaging request, including any text, photos, or videos provided by an Entertainer (“Entertainer Content”), is owned by the Entertainer, and is protected by applicable intellectual property and other laws, including, without limitation, pursuant to copyright, and that you will only access and view Entertainer Content via the Application and not use such Entertainer Content in any other way whatsoever. No portion of Entertainer Content may be reproduced, copied, or transmitted in any form or by any means, except through "sharing"; specifically, you have the right to share Entertainer Content on other social media platforms, but both FANLINE and the Entertainer retain the right and ability to request the Fan to remove the "shared" Content. Failure to do so within twenty-four (24) hours will result in termination of the Fan's account and forfeiture of any unused credits or funds.
Furthermore, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on Entertainer Content, in any manner, and you shall not exploit Entertainer Content in any way whatsoever. You agree that you will not use any Entertainer Content in a manner that would infringe or violate the rights of the Entertainer or any other party, and that FANLINE is not in any way responsible for any such use by you.
If you are an Entertainer, FANLINE acknowledges that you are the sole and exclusive owner of your Entertainer Content; however, you grant to FANLINE a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense your Entertainer Content, in any media, as reasonably necessary for FANLINE to provide the Application services.
The term of Agreement commences upon your use of the Application, and continues for as long as you use the Application. You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device. FANLINE may terminate this Agreement at any time without notice if it ceases to support the Application, which FANLINE may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
Upon termination, all rights granted to you under this Agreement will also terminate, and you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
Termination will not limit any of FANLINE's rights or remedies at law or in equity.
THE APPLICATION IS PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, FANLINE, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.
WITHOUT LIMITATION TO THE FOREGOING, FANLINE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, FANLINE SPECIFICALLY DOES NOT REPRESENT THAT ANY ENTERTAINER COMMUNICATIONS OR CONTENT WILL MEET THE EXPECTATIONS OF ANY FAN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FANLINE OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; OR
DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR CREDITS TO BE USED IN THE APPLICATION WITH RESPECT TO THE MATTER GIVING RISE TO THE LIABILITY.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, OR FANLINE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless FANLINE and its officers, directors, employees, agents, affiliates, successors, and assignors from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement. Furthermore, you agree that FANLINE assumes no responsibility for the content you submit or make available through this Application.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term, and all other provisions of this Agreement will continue in full force and effect.
This Agreement shall be governed by and construed in accordance with the laws of Japan without reference to its principles governing conflicts of laws. Any dispute, controversy, or claim with the exceptions of enforcement of an award, order, or decree of arbitration, arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be finally settled by arbitration in Tokyo, Japan, in accordance with Commercial Arbitration Rules of the Japan Commercial Arbitration Association ("JCAA"). The arbitration will be conducted solely in English, unless one party requests, and bears all costs of, an additional language. The arbitrator shall be a licensed attorney with at least ten years' post-qualification experience. The arbitrator shall provide reasoning for the award, and the award shall be final and binding upon both parties. Judgment upon the award may be entered in any court having jurisdiction thereof.
This arbitration agreement shall not limit either party's right to seek and obtain emergency or interim relief from any court of competent jurisdiction.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
FANLINE welcomes you as an Entertainer! In addition to the End User License Agreement (“EULA” or the "Agreement") for the FANLINE application you have agreed to, we require that Entertainers acknowledge and agree to the following Terms of Service:
FANLINE will compensate you based upon your successfully completed messaging transactions (“Transactions”) with Fans (as defined in the EULA).
You agree to (a) respond to each Fan's request for a Transaction within 48 hours of the posting of such request, and (b) use your best efforts to comply with any reasonable Fan requests for a Transaction that are consistent with the EULA.
You acknowledge that some Fans may be dissatisfied with their Transactions with you, and subsequently request that FANLINE reimburse the credits paid for a particular Transaction. In such cases, FANLINE will review the Transaction and decide, in its sole discretion, whether the Fan's dispute of the Transaction(s) is valid or not. If FANLINE determines that the Fan's dispute of the Transaction is valid, FANLINE will reimburse to the Fan the credits the Fan paid for the Transaction, and you will not be compensated for such Transaction. If you have already withdrawn the funds in question, you will be obligated to pay the amount owed to FANLINE, and/or you acknowledge that FANLINE may withhold any future funds to cover the Fan's reimbursement. If you disagree with FANLINE's decision to reimburse a Fan, you agree that your only recourse is to terminate your relationship with FANLINE.
You agree that FANLINE may (a) publicly disclose that you are a FANLINE Entertainer in its publicity and marketing materials, and (b) use your name and image in promoting and advertising FANLINE's application.
Either you or FANLINE may terminate these Terms of Service at any time upon written notice (including by email) to the other party. Upon termination, FANLINE will pay to you any outstanding compensation owed to you under these Terms of Service for successfully completed Transactions, but will have no other obligations or liability to you.
(a) Payment Method. You are required to have an account at PayPal (as defined in Section 6(b), below, located at www.paypal.com in order to receive payments from FANLINE in regards to your Net Income (as defined in Section 3(d), below) and to provide FANLINE with the e-mail address associated with your PayPal Account. Alternatively, you may choose to have a Bank Account registered with FANLINE.
(b) PayPal Account. The term "PayPal Account" shall be defined as your account, which is provided to you and maintained by PayPal located at www.paypal.com. Any objection relating to a payment rendered to your PayPal Account or any lawsuit arising therefrom must be made (and any lawsuit commenced) no later than six (6) months after the date the payment is rendered, and you hereby waive any longer statute of limitations that may be permitted by local or federal law. You agree that FANLINE is not responsible for any incorrectly routed payments to your PayPal account (whether by accident or by you providing invalid PayPal credentials), loss of monies from your PayPal Account due to unauthorized access, fraud, or termination of your PayPal Account by PayPal.
(c) Net Income. "Net Income" shall be defined as FANLINE's actual receipts from Digital Stores less any fee(s), tax, or other bank charge(s) related to the sale of your Recordings. Any objection relating to any accounting statement or any lawsuit arising therefrom must be made (and any lawsuit commenced) no later than six (6) months after the date the payment is rendered, and you hereby waive any longer statute of limitations that may be permitted by local or federal law.
(d) Payment Structure. With respect to the total revenue from sales of the Contents in the Entertainer's account, the Entertainer and FANLINE will both receive 100% of the proceeds, after third party platforms such as Google Play or the Apple App Store receive 30%.
(e) Withdrawal of Funds. When the balance of the Revenue Share exceeds 1,000 Japanese Yen, or the equivalent in another currency (hereinafter referred to as the "Minimum Payment Amount"), then the Entertainer may make a request for a payment in a manner designated by FANLINE. Upon approval, FANLINE will transfer to the Entertainer the balance of the Revenue Share as of the end of the calendar month from when FANLINE received such a payment request, within approximately 45 days from the date on which FANLINE receives such payment request. No interest shall accrue on any payment of the Revenue Share made to Entertainers in accordance with the schedules above.
(f) Fees. Any fees associated with transfer of the Revenue Share will be borne by the Entertainer, and FANLINE may deduct such fees from the transferring Revenue Share. Unless otherwise set forth, the amount of Revenue Share will be calculated and transferred in Japanese Yen, and any foreign exchange fees associated with the transfer of the Revenue Share will be borne by the Entertainer.
the Entertainer breaches the Terms of the Addendum or any signed documents or agreements signed in conjunction with the Addendum;
the Entertainer's account is deleted;
the Entertainer does not designate how to receive the Revenue Share within one (1) year after receiving notice from FANLINE directing the Entertainer to do so;
the Entertainer does not receive the Revenue Share within one (1) year after receiving a notice from FANLINE directing the creator to do so;
if FANLINE has been unable to contact the Entertainer for one (1) year through the contact information registered by the Entertainer; or
The total amount of the Revenue Share not yet received does not exceed the Minimum Payment Amount at termination of the Service by FANLINE.
Welcome to the FANLINE Artist Agreement (together with any and all applicable Addenda, the "Agreement"), between you and FANLINE (a division of Burns Records, along with our licensees and assignees collectively referred to in this Agreement as "us," "we," and "FANLINE"). This Agreement contains the general terms and conditions under which FANLINE offers, and if you choose to utilize, the Digital Download and Distribution (as defined below). The Digital Download Addendum and/or the Consignment Service Addendum (each an “Addendum” and collectively the “Addenda”) will apply as applicable. Use of the Services, including through the submission of sound recordings (and the musical works embodied therein) for distribution by FANLINE through the FANLINE Mobile Application (and the musical works embodied therein) constitutes your agreement to and acceptance of this Agreement and any applicable Addendum.
THIS AGREEMENT, WHEN ACCEPTED BY YOU AFTER CLICKING “I AGREE”, WILL CREATE A BINDING AND LEGALLY ENFORCEABLE CONTRACT BETWEEN YOU AND US, WHETHER YOU ARE ACTING IN YOUR INDIVIDUAL CAPACITY OR AS THE AUTHORIZED REPRESENTATIVE FOR AN ARTIST, BAND, GROUP, OR ENTITY, IN WHICH CASE “YOU” SHALL REFER TO THE ARTIST, BAND, GROUP, OR ENTITY ON WHOSE BEHALF YOU ARE ACTING AND AUTHORIZED TO ACT. THEREFORE, PLEASE READ THIS AGREEMENT CAREFULLY AND CONSULT WITH YOUR OWN BUSINESS AND LEGAL ADVISORS BEFORE CLICKING “I AGREE”. THE “EFFECTIVE DATE” OF THIS AGREEMENT IS THE DATE ON WHICH YOU CLICK THE “I AGREE” BUTTON BELOW.
We reserve the right to add, delete, and/or modify any of the terms and conditions contained in this Agreement pursuant to the provisions below. Notwithstanding the preceding sentence, no modifications to this Agreement will apply to any dispute between you and FANLINE that arose prior to the date of such modification. In the event of substantive changes to the terms of this Agreement, you will be notified by email. If any modification is unacceptable to you, your only recourse is to discontinue use of the Services. Your continued use of the Services following posting of a change notice or new agreement on the Site or notice to you via e-mail, will constitute your binding acceptance of the changes.
YOU ARE RESPONSIBLE FOR MAINTAINING A VALID E-MAIL ADDRESS ON FILE WITH FANLINE FOR SO LONG AS YOU AVAIL YOURSELF OF ANY OF ITS SERVICES.
You hereby appoint us as your authorized representative for the sale and other distribution of “Your Content” (as defined below). Accordingly, you hereby grant to us and our “Licensees” (as defined below) the non-exclusive right, during the "Term" (as defined below) and throughout the “Authorized Territory” (as defined below), to:
The term of this Agreement will commence on the Effective Date and will continue, unless and until terminated by either you or us, upon twenty-four (24) hours written notice (the “Term”), which notice, if sent by (a) FANLINE to you, may be sent to you at the last e-mail address you provided to FANLINE; and (b) you to FANLINE, must be sent only to the following e-mail address: [email protected] with the following information: (i) your username; (ii) the e-mail address associated with your Account; (iii) all album titles for which you are requesting termination; and (iv) which Services you are terminating (e.g., Digital Distribution, and/or Sync Distribution).
Any termination notice provided by you pursuant to this section shall be permanent and irreversible. Notwithstanding anything to the contrary herein, FANLINE may at any time in its sole discretion, with or without notice to you: (i) suspend or limit your access to or your use of the Services; and/or (ii) suspend or limit your access to your Account (as further defined, below).
You further agree that the amount payable to you is inclusive of any so-called “artist royalties” that might otherwise be required to be paid for sales or exploitations pursuant to the applicable laws of any jurisdiction and for any public performances, public displays, or communications to the public of the sound recordings and musical works constituting Your Content.
FANLINE IS IN NO WAY RESPONSIBLE OR LIABLE FOR YOUR FAILURE TO ADHERE TO THESE STANDARDS, OR ANY OTHER APPLICABLE RULES, REGULATIONS, LAWS, OR STANDARDS IN YOUR TERRITORY.
You have the right, at any time during the Term, to withdraw the authorizations set forth above for the sale or other uses of all or any portion of Your Content, upon written notice to us (a “Withdrawal Notice”), or to terminate this Agreement pursuant to Section 3 of this Agreement (a “Termination Notice”). Upon receipt of a Withdrawal Notice with respect to any of Your Content or a Termination Notice with respect to all of Your Content, we will promptly remove those elements of Your Content covered by such Withdrawal Notice or Termination Notice, as the case may be, from the Website (and in no event more than five (5) business days following receipt of a Withdrawal Notice or Termination Notice), and shall, within five (5) business days following our receipt of a Withdrawal Notice or Termination Notice, advise our Licensees via a “Takedown Notice” that they are no longer authorized to sell or offer for any other use those elements of Your Content covered by such Takedown Notice. Your submission of a Withdrawal Notice or Termination Notice shall not in any way limit the authorizations granted to us or any Licensees prior to the implementation of your Withdrawal Notice or Termination Notice, and will not limit in any way the rights of end users who have acquired Your Content.
FANLINE is not responsible for, and has no liability for, any delays from our Licensees in removing Your Content from the Mobile Application owned or operated by such Licensees. You shall remain solely responsible for enforcing the removal of Your Content from our Licensees’ Mobile Application in the event such Licensees fail to remove Your Content following receipt of a Takedown Notice or following the termination of any rights granted to such Licensees by FANLINE; provided, however, that FANLINE may, in its sole and absolute discretion, continue to assist you to effectuate the removal of Your Content from Licensees’ websites and services. FANLINE may, but need not, provide you with notice in the event FANLINE terminates or allows to expire any authorizations previously granted to a Licensee for the distribution of Your Content. Nothing in this Agreement shall limit any remedies you may have at law or in equity against any Licensee that is using Your Content in violation of the terms of any license granted to such Licensee by you or FANLINE.
Subject to our rights hereunder or under any prior agreement between you and us, as between you and us, all right, title, and interest in and to
FANLINE may also remove Your Content from the Mobile Application if you are abusive, rude, or provide false or intentionally misleading information to any FANLINE employees or agents. FANLINE shall have no liability to you for the removal of any of Your Content from the Mobile Application or any Licensee website or service other than to provide you a credit (but not a refund) for any fees previously paid by you for making Your Content available via the Mobile Application or through Licensees. The removal of any of Your Content shall not relieve FANLINE of the obligation to pay you any royalties that may have accrued prior to the removal of Your Content.
FANLINE may make changes to or discontinue any aspects of the Services and any of the features, media, content, products, software, or services available via the Mobile Application or Website, at any time without notice and without liability to you. The features, media, content, products, software, or services available on and through the Mobile Application or Website may be out of date, and FANLINE makes no commitment to update any aspect of the Mobile Application or Website. FANLINE makes no representations and warranties with respect to availability of the Mobile Application or Website and may discontinue the Service at any time with or without notice. You are solely responsible for maintaining back-up copies of any elements of Your Content uploaded to the Mobile Application or Website.
This arbitration agreement shall not limit either party's right to seek and obtain emergency or interim relief from any court of competent jurisdiction
Welcome to the FANLINE Digital Distribution Addendum between you and FANLINE (the "Addendum"). This Digital Distribution Addendum is part of and incorporates the terms of the FANLINE Artist Agreement, and contains additional terms and conditions under which FANLINE offers the Digital Download and Distribution Service and the Digital Performance Rights Administration Service.
In addition to the rights granted in the FANLINE Artist Agreement, You hereby grant to us the exclusive right (as explained below) and the non-exclusive right, during the Term and throughout the Authorized Territory, to:?