Common use of Scope of Licence Clause in Contracts

Scope of Licence. 3.1 The Licence applies only to Discs which are made available to the public through normal channels of retail distribution. Without prejudice to the generality of the foregoing therefore, it does not apply to Premium Discs, Discs sold through record clubs or DVD clubs or other Discs sold by any direct marketing method to the public without the intermediary of a dealer. 3.2 This Agreement applies to Discs: (a) made after the Commencement Date, notwithstanding the fact that other copies thereof were released prior to such date; (b) put into circulation after the Commencement Date, notwithstanding the fact that such Discs were made prior to such date. 3.3 The Licence applies to all Relevant Formats. 3.4 Nothing in this Agreement grants the Producer any rights as to the performing or communication to the public of any Repertoire Works, including, for the avoidance of doubt, via the Internet. 3.5 All rights other than those expressly granted in this Agreement are reserved, and, without prejudice to the generality of the foregoing, Discs made for purposes other than those referred to in clauses 1, 5 or 14 (by way of example only, Discs made and/or supplied for the purposes of broadcasting or cinematic exhibition) are not covered by the Licence. 3.6 The terms of this Agreement shall apply to Shipments up to 31 December 2005, subject to earlier termination of the Agreement under clause 27.