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General Terms and Conditions

 

 

 

1. General

2. Contractual partner

3. Subject matter of the agreement

4. Registration

5. Conclusion of the agreement

6. Text of the contract

7. Granting of usage rights by the operator

8. Granting of usage rights by the user

9. Obligations and liability of the operator

10. Obligations and liability of the users

11. Costs and payment terms

12. Term of the agreement and termination

13. Non-disclosure obligation

14. Other

 

 

 

1. General

 

a) SCRIPT TO MOVIE®, SCRIPT TO MOVIE® CAST PRO, SCRIPT TO MOVIE® CREW PRO and SCRIPT TO MOVIE® OFFLINE are products of FF Entertainment GmbH (hereinafter referred to as FF Entertainment or operator).

b) The use of these products is governed exclusively by the following General Terms and Conditions (GTC) in the version valid at the time of the contract conclusion.

c) The operator reserves the right to change or supplement these GTC, if there is a valid reason for doing so. This is given, in particular, if there is a change in legislation or case-law of the Supreme Court. Changes or additions may also be used to eliminate any ambiguities in the interpretation of the GTC. To this end, the user will be notified of changes or additions by email. If the user does not object within the following 6 weeks, his consent to the new GTC will be deemed to have been given. The user will be advised in the notice containing the details of the proposed change or addition to the GTC of the consequences of his failure to lodge an objection. The contractual relationship will then continue under the modified or supplemented GTC.

d) Conflicting, deviating and supplementary GTC will not be accepted, unless their validity has been expressly agreed in writing.

 

 

 

2. Contractual partner

 

The contractual partner of the user for the products SCRIPT TO MOVIE®, SCRIPT TO MOVIE® CAST PRO, SCRIPT TO MOVIE® CREW PRO and SCRIPT TO MOVIE® OFFLINE will be

FF Entertainment GmbH

represented by the Managing Director Florian Froschmayer

Gervinusstr. 12

10629 Berlin

Germany

entered in the Commercial Register at the District Court of Berlin-Charlottenburg under HRB 92629 B.

VAT number: 27/423/05142

VAT ID: DE 234 518 128

 

 

 

3. Subject matter of the agreement

 

a) FF Entertainment offers the use of SCRIPT TO MOVIE®, SCRIPT TO MOVIE® CAST PRO, SCRIPT TO MOVIE® CREW PRO and SCRIPT TO MOVIE® OFFLINE exclusively to businesses within the meaning of Article 14 of the German Civil Code (BGB). The products are not intended for consumers within the meaning of Article 13 BGB. Registration is not available to consumers.

b) SCRIPT TO MOVIE® is an online platform, which can be used to plan and further develop film projects by producers online in consultation with the individual contributors with the help of the software made available by the operator.

After registration, the user can create and maintain his personal profile for free and e.g. create an individual project calendar, manage his personal address book, purchase single access or project access, start projects or be invited to take part in projects.

c) Following a successful registration, the user has the option to create a film project at a fee and use the SCRIPT TO MOVIE® software for planning purposes.

d) Performers also have the opportunity to create profiles outside projects on SCRIPT TO MOVIE® CAST PRO. SCRIPT TO MOVIE® CAST PRO is a database where actors, stuntmen, extras, presenters, speakers, singers and other performers can store their profiles and present themselves and their work. Film producers, directors, assistant directors and casting directors who plan their film with SCRIPT TO MOVIE® can contact the performers directly. It represents a digital setcard. This database is part of the SCRIPT TO MOVIE® platform. The contributed information can be viewed by all registered users of SCRIPT TO MOVIE®, who can use SCRIPT TO MOVIE® CAST PRO to offer roles directly to other users. The recipient of the offer is free to accept it, negotiate or reject it. FF Entertainment only makes the platforms SCRIPT TO MOVIE® and SCRIPT TO MOVIE® CAST PRO available, and is therefore, never a contractual partner, intermediary or agent.

e) All other users who are not registered as actors, stuntmen, extras, presenters, speakers, singers and other performers have the opportunity to create profiles outside projects on SCRIPT TO MOVIE® CREW PRO. SCRIPT TO MOVIE® CREW PRO is a database where members of film teams can present themselves and their work in the form of a digital setcard.

This database is part of the SCRIPT TO MOVIE® platform. The contributed information can be viewed by all registered users of SCRIPT TO MOVIE®, who can use SCRIPT TO MOVIE® CREW PRO to offer jobs directly to other users. The recipient of the offer is free to accept it, negotiate or reject it. FF Entertainment only makes the platforms SCRIPT TO MOVIE® and SCRIPT TO MOVIE® CREW PRO available, and is therefore, never a contractual partner, intermediary or agent.

f) Users who are registered as directors, assistant directors, location managers, directors of photography or production designers can purchase the stand-alone application SCRIPT TO MOVIE® OFFLINE. This is the offline version of SCRIPT TO MOVIE® with limited functionality, which allows users to save a project on a device and can be used to work on a project without internet access.

SCRIPT TO MOVIE® OFFLINE can be used for all user projects, but only one at a time. It does not allow for data from multiple projects to be downloaded and then processed offline.

g) The user is not entitled to receive an update or upgrade of the SCRIPT TO MOVIE®, SCRIPT TO MOVIE® CAST PRO, SCRIPT TO MOVIE® CREW PRO and SCRIPT TO MOVIE® OFFLINE products. He is not entitled to training or to receive support from the operator in the use of SCRIPT TO MOVIE®, SCRIPT TO MOVIE® CAST PRO, SCRIPT TO MOVIE® CREW PRO and SCRIPT TO MOVIE® OFFLINE products.

h) The subject matter of the agreement with respect to SCRIPT TO MOVIE®, SCRIPT TO MOVIE® CAST PRO, SCRIPT TO MOVIE® CREW PRO and SCRIPT TO MOVIE® OFFLINE is specified in detail in the relevant service specifications on the websites of the operator at the time of placing the order.

 

 

 

4.  Registration

 

The use of SCRIPT TO MOVIE®, SCRIPT TO MOVIE® CAST PRO, SCRIPT TO MOVIE® CREW PRO and SCRIPT TO MOVIE® OFFLINE is conditional on successful registration of the user.

b) The user hereby warrants that the information provided at the time of registration about his person and other circumstances, in particular, that he is a business within the meaning of Article 14 of the German Civil Code (BGB) is true and complete. If the user violates this obligation to provide true and complete information FF Entertainment has the right to deny access immediately and without notice.

c) The user chooses a username and password at the time of registration. The user is furthermore required to specify his contact details, at least one role and an email address. After registration, the user receives an email confirming his registration. This email contains an activation link. Once the account is activated, the user has access to the product SCRIPT TO MOVIE®. The user can set up a second password to ensure better protection of this access data under USER SETTINGS/EDIT ACCESS DATA. Once the user has successfully entered the first password, he will be asked to enter the second password every time he logs in. 

d) The user undertakes to keep his personal login information (username, password and second password) confidential, safe and to protect it against unauthorised access and not to share it with third parties. Registration includes a personal account that may not be transferred to or passed on to third parties. Should the user ever suspect that a third party could have gained access to his account, the user must change his password immediately and inform the operator.

 

 

 

5.  Conclusion of the agreement

 

a) The performance specifications of the products SCRIPT TO MOVIE®, SCRIPT TO MOVIE® CAST PRO, SCRIPT TO MOVIE® CREW PRO and SCRIPT TO MOVIE® OFFLINE as presented on the websites of the operator do not constitute a legally binding offer.

b) By filling in the registration form and by clicking on the "Complete Registration" button, the user declares his interest to register on the SCRIPT TO MOVIE® platform and to open a personal user account. The user submits a binding offer to the effect of wanting to register for free.

A binding agreement is concluded with user, when FF Entertainment accepts this offer by sending a confirmation and an activation link by email.

c) Following the registration, the user has the option to order additional services that are available at a fee:

(1) SCRIPT TO MOVIE®

In the account area, the user can select the option "User Settings/New Project", and confirm his selection by entering a name of the film project and by clicking the button "Create project". In this way, the user makes a binding offer to use the SCRIPT TO MOVIE® platform and software to plan and produce the specified film project.

The user has the option to create a project access to plan the specified film, which allows him to invite an unlimited number of registered users to take part in this project. These users must be registered with SCRIPT TO MOVIE®.

Alternatively, the user can use SCRIPT TO MOVIE® only in one role for the specified film project (single access). On this basis, he is entitled to assign a maximum of 4 additional roles to himself and invite up to 4 registered users to the project.

The agreement to use SCRIPT TO MOVIE® for the specified film project comes into effect when FF Entertainment accepts the user's offer by sending the relevant confirmation by email. Once the payment has been received in full, FF Entertainment will activate the service.

(2) SCRIPT TO MOVIE® CAST PRO and SCRIPT TO MOVIE® CREW PRO

In the account area, the user can select the option "User Settings/My Digital Setcard" and activate it in the selected categories by clicking on the button "Buy". In this way, the user makes a binding offer to create a personal profile on SCRIPT TO MOVIE® CAST PRO or SCRIPT TO MOVIE® CREW PRO at a fee. The agreement to use SCRIPT TO MOVIE® CAST PRO or SCRIPT TO MOVIE® CREW PRO for one year comes into effect when FF Entertainment accepts the user's offer by sending the relevant confirmation by email. Once the payment has been received in full, FF Entertainment will activate the service.

(3) SCRIPT TO MOVIE® OFFLINE

Users who are registered as directors, assistant directors, location managers, directors of photography or production designers can order the stand-alone application SCRIPT TO MOVIE® OFFLINE at http://www.scripttomovie.com to be downloaded free of charge. By clicking on the option "Activate SCRIPT TO MOVIE® OFFLINE" the user makes a binding offer to use the software at a fee. The agreement to download and use the Java-based stand-alone application SCRIPT TO MOVIE® OFFLINE comes into effect when FF Entertainment accepts the user's offer by sending the relevant confirmation by email. Once the payment has been received in full, the users will be sent a download link and serial number by email and the download will be activated.

 

 


6. Text of the contract

 

The text of the contract will be stored by FF Entertainment. Users can access the most recent version of the GTC on the website http://www.scripttomovie.com/index.php/en/agb-uk at any time.

 

 

 

7. Granting of usage rights by the operator

 

a) By entering into an agreement with the user (see Section 5) FF Entertainment grants the user usage rights to the purchased services. The usage rights are revocable at any time, non-exclusive and limited to the content available online.

The user is not entitled to sublicense products. The rights granted are limited in duration to the term of this agreement. In terms of content, usage rights are limited to the described scope of services.

b) The user is prohibited from reproducing, storing and/or publishing data and/or content from SCRIPT TO MOVIE®, SCRIPT TO MOVIE® CAST PRO and SCRIPT TO MOVIE® CREW PRO outside the platform SCRIPT TO MOVIE® without the prior written consent of the operator.

The user is furthermore prohibited from making available to the public any screenshots from SCRIPT TO MOVIE®, SCRIPT TO MOVIE® CAST PRO and SCRIPT TO MOVIE® CREW PRO outside the platform SCRIPT TO MOVIE®.

c) The user is not entitled to copy, modify, manipulate, publish or make the websites of FF Entertainment or SCRIPT TO MOVIE®, SCRIPT TO MOVIE® CAST PRO, SCRIPT TO MOVIE® CREW PRO and SCRIPT TO MOVIE® OFFLINE available to the public.

d) The following applies primarily to SCRIPT TO MOVIE® OFFLINE:

(1) The usage rights extend to any lasting or temporary reproduction (copying) of the software by saving, loading, running or displaying for the purpose of executing the program and processing of data contained in the program by the computer.

(2) The program may be changed or revised, to the extent necessary for its intended use, compatibility with other programs and to correct errors. Any further changes or revisions are excluded. In particular, company names, trademarks, copyright notices and other proprietary notices contained in the program may not be altered or erased and must be included in modified or revised versions of the program.

(3) The user is entitled to make one backup copy of the software.

(4) Decompilation of software is only permitted under the statutory restrictions under Article 69e of the German Copyright Act. Any further decompilation is excluded.

(5) This is without prejudice to any other rights to use and exploit the program. The user is, in particular, not entitled to use the program and/or modified or revised versions thereof on more than one computer at the same time.

(6) Once a new version of the program becomes available, the user will have the right to download the new version of the program from the operator's server against payment of an upgrade fee as laid down in the operator's price list. By exercising this right, the previously used program is replaced by its new version. The license agreement will be adapted to the new program, but the content will remain intact.

(7) The electronic transfer of the program to third-party computers and the distribution of copies of the program to third parties are excluded. This also applies to a retransmission or transmission for the purpose of temporary assignment. This exclusion also covers parts of the program as well as modified or revised versions of the program and parts thereof.

a) FF Entertainment is the holder of all copyrights and design rights to the user interface of SCRIPT TO MOVIE®, SCRIPT TO MOVIE® CAST PRO, SCRIPT TO MOVIE® CREW PRO and SCRIPT TO MOVIE® OFFLINE. The user is prohibited from reproducing, making available to the public, processing or distributing the user interface.

f) All usage rights will automatically revert to FF Entertainment when the contract is terminated and/or the user denied access.

g) All rights granted are conditional on all outstanding fees being paid in full by the user.

 

 

 

8. Granting of usage rights by the user

 

a) The user will grant every other registered user invited to take part in the project irrevocable, non-exclusive usage rights to all content contributed to the concrete project.  Usage rights are non-transferable.

By the user expressly granting permission to use the content he contributes, he grants all other registered and users invited to take part in the same project to process such content.

b) The user grants the operator a non-exclusive irrevocable right to use all content contributed by him. This includes, in particular, the right to make copies for backup purposes, store and make it available to all users invited to participate in the project as part of the SCRIPT TO MOVIE® platform.

 

 

 

9. Obligations and liability of the operator

 

a) The operator shall ensure annual average availability of 98% across the platforms SCRIPT TO MOVIE®, SCRIPT TO MOVIE® CAST PRO and SCRIPT TO MOVIE® CREW PRO. This does not apply to times during which the platforms of SCRIPT TO MOVIE®, SCRIPT TO MOVIE® CAST PRO and SCRIPT TO MOVIE® CREW PRO are unavailable due to technical or other problems outside the control of FF Entertainment (e.g. force majeure, acts of third parties). The operator will strive to eliminate any disruption to its services as soon as possible within the available technical possibilities.

The operator is entitled to restrict or suspend its services for a short time in order to carry out technical measures, which serve to improve the provision of services (maintenance and optimisation work). Whenever possible, this work will be carried out in periods of low usage and notified to users in advance.

b) The operator shall only use encrypted data lines. Since the operator provides online services, under current technical possibilities, it cannot guarantee the security of the platforms and users' content despite its best efforts.

c) To report faults, please use the following contact form http://www.ffentertainment.de/index.php/kontakt

d)The operator makes the products SCRIPT TO MOVIE®, SCRIPT TO MOVIE® CAST PRO and SCRIPT TO MOVIE® CREW PRO available as the platform operator. The operator is not the author of the content or links. These are created and prepared exclusively by the users. The operator hereby expressly distances itself from any content or links.

e) The operator hereby guarantees that the platforms SCRIPT TO MOVIE®, SCRIPT TO MOVIE® CAST PRO and SCRIPT TO MOVIE® CREW PRO as well as the SCRIPT TO MOVIE® OFFLINE program are suitable for use in accordance with the product or program description valid at the time they have been made available to the user. This does not give rise to any further guarantee obligations. In particular, the operator cannot accept any responsibility for the products SCRIPT TO MOVIE®, SCRIPT TO MOVIE® CAST PRO and SCRIPT TO MOVIE® CREW PRO and the SCRIPT TO MOVIE® OFFLINE program will meet any special requirements of the user. The selection, installation and use as well as the achievement of the desired results is the sole responsibility of the user. There is also no guarantee for modified or revised versions of the program, unless it can be successfully demonstrated that existing defects are related to the changes or revisions.

f) The following applies in a supplementary manner to the products of the operator: The operator is fully liable for loss or damage

-                suffered as a result of intent or gross negligence,

-                injury to life, body or health,

-                under the provisions of the Product Liability Act or

-                under a guarantee assumed by the operator.

In the case of a slightly negligent breach of an obligation that is material to the purpose of the contract (material contractual obligations), the liability of the operator is limited to damage that is foreseeable and typical for the type of business transaction concerned.

h) Any further liability for damages is excluded. The operator will, in particular, not be liable for initial defects, unless the conditions of Section f) or g) have been met. The operator will, in particular, not be liable for damage due to incorrect use or operation of SCRIPT TO MOVIE®, SCRIPT TO MOVIE® CAST PRO, SCRIPT TO MOVIE® CREW PRO and SCRIPT TO MOVIE® OFFLINE and the resulting consequential damage.

i) The above limitations of liability also apply to the personal liability of employees, representatives and bodies of the operator. This also applies to vicarious agents of the operator.

 

 

 

10. Obligations and liability of the users

 

a) The user is responsible for the content and links contributed to SCRIPT TO MOVIE®, SCRIPT TO MOVIE® CAST PRO, SCRIPT TO MOVIE® CREW PRO or SCRIPT TO MOVIE® OFFLINE.

b) The user is expressly forbidden to contribute content or links to SCRIPT TO MOVIE®, SCRIPT TO MOVIE® CAST PRO, SCRIPT TO MOVIE® CREW PRO or SCRIPT TO MOVIE® OFFLINE or to keep such content or links available, whose reproduction, public disclosure, or other use violates any applicable laws or third-party rights or invites third parties to such actions. This includes but is not limited to content that

(1) promotes or glorifies hatred, violence or racial discrimination,

(2) is immoral, pornographic, erotic, or harmful to minors,

(3) violates any criminal laws,

(4) infringes third-party copyright, trademark or other intellectual property rights or

(5) violates the rights to use of a name, personality rights (including the right to one's own image).

c) The user hereby warrants to contribute only content to SCRIPT TO MOVIE®, SCRIPT TO MOVIE® CAST PRO, SCRIPT TO MOVIE® CREW PRO and SCRIPT TO MOVIE® OFFLINE that is not subject to conflicting third-party rights, and to which the user may grant rights to other users as set out in Section 8, and in particular, reproduction, public access and processing rights.

d) the user may only use the SCRIPT TO MOVIE® OFFLINE program offered by the operator to maintain offline content.

e) The user hereby indemnifies the operator against any third party-claims or damage caused by acts or omissions on the part of the user that are contrary to law or contract. This includes but is not limited to violations of these GTC.

 

 

 

11. Costs and payment terms

 

a) The registration with SCRIPT TO MOVIE® is free.

b) The use of the services SCRIPT TO MOVIE®, SCRIPT TO MOVIE® CAST PRO, SCRIPT TO MOVIE® CREW PRO and the software SCRIPT TO MOVIE® OFFLINE is available for a fee. The costs are determined in accordance with price information contained in service specifications and price lists available on the websites of the operator at the time of the conclusion of the agreement.

c) The service SCRIPT TO MOVIE® can be booked with project or single access. In both cases, the service will be booked for the specified film project.

(1) Project access

When purchasing project access for SCRIPT TO MOVIE® the user is required to pay a one-time fee per film, as set out in the service specifications to create this concrete film project with the help of SCRIPT TO MOVIE®. This fee covers the option of the producer to invite an unlimited number of contributors to take part in the project. No further fee is collected from these participants for the use of SCRIPT TO MOVIE® for this film project. Every user must have at least one role (e.g. director, location manager) within the project assigned to them. One user may be assigned multiple roles.

(2) Single access

For small projects, FF Entertainment offers the use of SCRIPT TO MOVIE® with single access. This product is limited to projects involving up to a maximum of 5 participants or roles per film project. The prices per project, user and role are set out in the price list and service specifications. The participants also incur costs when carrying out a role or function. A one-time fee is payable for the use of any other function in a project.

Users must assign at least one role (e.g. director) to themselves. Users can also assign multiple roles to themselves. The rights of the respective roles are governed by the service specifications.

Once the number of users exceeds 5 in a project with single access, single access must be converted into project access. The costs incurred so far will be credited to the users in the form of a credit note for SCRIPT TO MOVIE®. This credit note is non-transferable.

b) For the stand-alone application SCRIPT TO MOVIE® OFFLINE a one-time licence fee is payable per project in accordance with the service specification and price list. The license fee is payable irrespective of the extent of actual use of the software by the user.

c) Details on SCRIPT TO MOVIE® CAST PRO, SCRIPT TO MOVIE® CREW PRO?

d) Every user is allocated storage space on the server of the operator. This space is free for the first 12 months after booking or participating in a project within the platform SCRIPT TO MOVIE®. The reference date for this purpose is the date of the first purchase of PROJECT ACCESS or INDIVIDUAL ACCESS or acceptance or an invitation from other project owners to take part in the project. An invitation can be accepted by clicking on the button YES, I WILL TAKE PART IN THE PROJECT immediately after login. The archiving of projects users are involved in is free for the first 12 months after the reference date. Every user can have an unlimited number of active or archived projects running simultaneously. At the end of the first 12 months after the reference date, the storage space will be available at a fee under the following terms: If the user has more than one active or archived project, he will be charged an annual fee. If the user has only one archived or active project, the storage space will remain free. The prices are set out in the price lists and service specifications of the operator.

e) Any information on prices or charges is quoted inclusive of VAT at the applicable rate.

f) The fees for use of the products SCRIPT TO MOVIE®, SCRIPT TO MOVIE® CAST PRO, SCRIPT TO MOVIE® CREW PRO and SCRIPT TO MOVIE® OFFLINE  are payable upon signing the contract.

g) Upon conclusion of the agreement, the invoice will be stored as a pdf under "User Preferences/Account/Account history" and also sent to the user by email after the purchase process has been completed.

h) Payments can be made either by using the payment service PayPal (https://www.paypal.com) or Ingenico (http://payment-services.ingenico.com/). The account of the user will be debited immediately after payment. Once the payment has been successfully made, the ordered service SCRIPT TO MOVIE®, SCRIPT TO MOVIE® CAST PRO or SCRIPT TO MOVIE® CREW PRO or access to SCRIPT TO MOVIE® OFFLINE will be activated immediately.

i) The user is only entitled to set off claims, if his counterclaims are legally established, undisputed or have been accepted in writing by the operator.

i) The user is only entitled to withhold payment if his counterclaims are legally established or by the operator. Furthermore, all the relevant claims must be based on the same contractual relationship.

 

 

 

12. Term of the agreement and termination

 

a) The agreements for the services SCRIPT TO MOVIE® CAST PRO and SCRIPT TO MOVIE® CREW PRO have a duration of one year from the date of activation. The user will be notified well in advance by email to the address specified at the time of registration that the agreement is about to expire, and he will be offered to extend the agreement by another year at terms that apply at the time. If the user does not wish to renew the contract, it will end.  The activation of the digital setcard of the user will be deleted.

b) The agreements for the services SCRIPT TO MOVIE® run either as project or single access for the duration of the specified film project. FF Entertainment will archive active projects on the SCRIPT TO MOVIE® platform automatically 90 days after the last day of shooting or if the project has been inactive for more than 180 days, whichever comes first. In both cases, the user will be informed two weeks in advance by email to the address specified at the time of registration. The film project is then deemed to have been completed. When the project is archived we will delete some of the stored photos. It will delete all the attached photos in the sections figures, subjects, props, costumes and makeup. A maximum of 10 photos will be stored per subject and location, the rest will be automatically deleted. Positions of the sun per setting will also be deleted.

c) To be effective, notices of termination must be in writing whereby the notice will be deemed to have been given when it is sent by fax or email.

d) Once the termination becomes effective, the user shall delete the downloaded application SCRIPT TO MOVIE® OFFLINE from all devices. This also applies to modified or corrected versions of the licensed program.

e) After balancing the interests involved, the operator reserves the right to deny access to a user if he misuses his access rights. The denial of access leads to immediate revocation of previously granted usage rights. Misuse means, in particular, any breach of these GTC or violation of applicable laws. The user is liable for any misuse for which he bears responsibility.

 

 

 

13.  Non-disclosure obligation

 

 The user agrees to keep all information and expertise made available to him through the use of the services offered by the operator confidential. This includes, in particular, any information about created, planned or completed film projects. This obligation shall apply even after the termination of this agreement.

 

 

 

14.  Other

 

a) The sole place of jurisdiction for all disputes as a result of and in connection with this agreement is the place of business of the operator.

b) To be effective, any amendments or additions to this agreement must be in writing. This also applies to the waiver of the written form requirement.

c) This agreement is governed by the laws of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (UN Convention on the Sale of Goods (CISG)).

Should any individual provision of this agreement be invalid, the validity of the remaining provisions will remain unaffected thereby. The parties to this contract will endeavour to replace the invalid provision with a valid provision that approximates as closely as possible the legal and economic intent behind the original provision.

 

Version: June, 1st 2015