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Supreme Court Oral Argument: United States of America v. Dennis Franklin

Agenda: Welcome/introductions, Safety Briefing, minutes approval, Public Comments – General Items of Interest, Public Comments – Timber Sale Action Items, Monthly Timber Sales (staff/Board action), Public Comments – Land Transactions Action Items, Land Transactions (staff presentation/Board action), Public Comments – Board on Geographic Names Action Items, Board on Geographic Names (staff/Board action), Public Comments – Chair Report, Chair’s Report – Trust Land Performance Assessment Project, executive session (no coverage), adjournment.

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Terms of Use

This User Agreement (“User Agreement”) sets forth the entire understanding between you (an individual, representing yourself, or if applicable, acting as an authorized representative for a school, group, government entity, news organizations, association, business entity or corporation) (referred to as “you” or the “User”) and WisconsinEye Public Affairs Network, Inc. (referred to as “we,” “us” or “WisconsinEye”) regarding coverage of State of Wisconsin State Senate and/or Assembly proceedings made available by WisconsinEye (our “Content”). WisconsinEye makes our Content available through (i) broadcasting signals or a direct signal, and (ii) our website (the “Site”). The term “broadcasting” as used herein, means in the general sense of transmission by any means possible, including via cable or air, and shall not be limited by any federal or state legal definitions.

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The contents of this website, including the coverage of state government proceedings, are owned by WisconsinEye Public Affairs Network, Inc. and may not be reproduced, downloaded, distributed or otherwise used except in accordance with the following User Agreement.

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WISCONSINEYE PUBLIC AFFAIRS NETWORK, INC. USER AGREEMENT

This User Agreement (“User Agreement”) sets forth the entire understanding between you (an individual, representing yourself, or if applicable, acting as an authorized representative for a school, group, government entity, news organizations, association, business entity or corporation) (referred to as “you” or the “User”) and WisconsinEye Public Affairs Network, Inc. (referred to as “we,” “us” or “WisconsinEye”) regarding coverage of State of Wisconsin State Senate and/or Assembly proceedings made available by WisconsinEye (our “Content”).

WisconsinEye makes our Content available through (i) broadcasting signals or a direct signal, and (ii) our website (the “Site”). The term “broadcasting” as used herein, means in the general sense of transmission by any means possible, including via cable or air, and shall not be limited by any federal or state legal definitions.

1. License and Access

Subject to the terms of this User Agreement, WisconsinEye grants you a limited, revocable, nontransferable, nonsublicensable, non-exclusive license to access and view our Content, provided that unless otherwise expressly provided herein, no portion of our Content may be recorded, reproduced, reprinted, republished, modified, duplicated, copied, sold, resold, distributed, redistributed, publicly displayed or publicly performed in any form without the express written permission of WisconsinEye.

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You acknowledge and agree that you will not use our Content for commercial purposes or for political purposes. For this User Agreement, our Content is used for political purposes if any of the following apply:

a. The Content is disseminated in any way for the purpose of influencing the election or nomination for election of any individual to federal, state or local office, for the purpose of influencing the recall from or retention in office of an individual holding a federal, state or local office, for the purpose of payment of expenses incurred as a result of a recount at an election, or for the purpose of influencing a particular vote at a referendum.

b. The Content is disseminated in any way during the period beginning on the 60th day preceding a general election, special, spring or primary election and ending on the date of that election and the dissemination includes a reference to or depiction of a clearly identified candidate whose name is certified to appear on the ballot for election or nomination to an office to be filled at that election.

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You agree to comply with all applicable federal and state laws and regulations in connection with this User Agreement.

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In addition to and subject to the limitations of the license granted in Section 1, Users who are schools, higher education institutions, State of Wisconsin agencies, libraries and municipalities are authorized to record, reproduce, internally transmit, publicly display and perform our Content to their respective students, employees, or patrons for educational, training, research and other non-commercial and non-political purposes (as defined herein), provided such Users comply with all other provisions of this User Agreement, keep all copyright, trademark, and other ownership notices in the Content intact, and include the following statement in the Content (unless waived by WisconsinEye): “This copyrighted content is used with permission from Wisconsin Eye’s gavel to gavel coverage.” Such Users’ rights to record, reproduce, internally transmit, publicly display and perform are limited to the purposes expressly described herein, and such Users do not have the right to reprint, republish, modify, sell, resell, distribute or redistribute our Content in any form without the express written permission of WisconsinEye. No use under this Section shall in any way distort or misrepresent the Content.

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In addition to and subject to the limitations of the license granted in Section 1, Users who are members or employees of the Wisconsin Legislature are authorized to record, reproduce, internally transmit, post on official state legislative websites, publicly display and perform our Content for non-commercial and non-political purposes (as defined herein) in Senate-produced or Assembly-produced communications and educational materials, provided that (i) all such use of our Content is approved by a member of the applicable legislative leadership (the “Legislative Leadership”), (ii) Users comply with all applicable policies of the Legislature and their respective house with regard to use of our Content, (iii) Users comply with all other provisions of this User Agreement, including but not limited to the restrictions and requirements under this Section 5, and (iv) Users keep all copyright, trademark, and other ownership notices in the Content intact. Such Users’ rights to record, reproduce, internally transmit, post on official state legislative websites, publicly display and perform are limited to the purposes expressly described herein, and such Users do not have the right to reprint, republish, modify, sell, resell, distribute or redistribute our Content in any form without the express written permission of WisconsinEye. Users who are members or employees of the Wisconsin Legislature must comply with the following when using our Content:

a. Any Content that is not used in its wholly original format, that is gavel-to-gavel coverage as provided by WisconsinEye, must (i) continuously display an editor identification statement (“Editor Identification Statement”) identifying the person, group, or entity responsible for the edited version of the Content in at least twelve point font size, and (ii) display bookend editor statements at the beginning and end of the production of Content (“Bookend Statement”). The Editor Identification Statement should display, at a minimum, the following: “Produced by staff of Wisconsin State [Senate or Assembly]. Video with WisconsinEye trademark excerpted from WisconsinEye’s gavel-to-gavel coverage.” For the purposes of this Agreement, continuously display means the Editor Identification Statement must be displayed on the Content or the accompanying “skin” of the media player at all times during the display of the Content. The Bookend Statement should display, at a minimum, the following: “This video production was produced by the staff of the Wisconsin State [Senate or Assembly]. The content displaying the WisconsinEye trademark was excerpted from WisconsinEye’s gavel-to-gavel coverage. WisconsinEye does not endorse any view contained in the following production.”

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In addition to and subject to the limitations of the license granted in Section 1, Users who are individuals or news organizations possessing a valid, permanent or temporary registration card issued by the Wisconsin Capitol Correspondent’s Association (“Bona Fide News Gatherers”) are authorized to record, reproduce, edit, transmit, publicly display and perform our Content for Spot News Gathering, providedsuch Users comply with all other provisions of this User Agreement, keep all copyright, trademark, and other ownership notices in the Content intact, and include the following statement in the Content (unless waived by WisconsinEye): “This copyrighted content is used with permission from Wisconsin Eye’s gavel to gavel coverage.” Spot News Gathering shall be defined as timely, editorial information for public consumption relating to daily legislative events or actions and does not include use in opinion pieces or commentary. Such Users’ rights to record, reproduce, edit, transmit, publicly display and perform are limited to the purposes expressly described herein, and such Users do not have the right to reprint, republish, modify, sell, resell, distribute or redistribute our Content in any form without the express written permission of WisconsinEye. Full length coverage by Bona Fide News Gatherers of individual event state proceedings will be permitted only with prior written approval from WisconsinEye, and if applicable, the Wisconsin State Senate or Assembly. No use under this Section 6 shall in any way distort or misrepresent the Content.

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As such, WisconsinEye requests that our Content not be accessible under the Wisconsin Public Records Law. If User is a governmental entity subject to the Wisconsin Public Records Law, User agrees to notify the records custodians that they may not disclose our Content pursuant to requests received under the Wisconsin Public Records Law.

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By accepting this User Agreement and/or using our Content, you represent to WisconsinEye that you are authorized to enter into this User Agreement for your school, group, government entity, news organizations, association, business entity or corporation, or if you are an individual, you are of legal age to enter into contracts in your jurisdiction and have all rights, approvals and/or consents necessary to agree to the terms provided herein. You agree to all of the terms and conditions of this User Agreement and agree that if you breach this User Agreement, WisconsinEye may discontinue your access to our Content immediately and pursue any and all legal claims and remedies available to us, including but not limited to claims for federal copyright infringement. The U.S. Copyright Act provides for statutory damages not less than $750 and up to $30,000 per copyrighted work, all of which can be substantially increased if the infringement was willful. Infringers can also face federal criminal charges.

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a. You acknowledge that the availability of our Content and operation of our Site may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors, and WisconsinEye shall not be responsible to you or others for any such interruptions, errors or problems or any discontinuance of our Content or our Site. Access to our Content may be discontinued at any time, with or without reason. YOU EXPRESSLY UNDERSTAND THAT OUR CONTENT, IS PROVIDED “AS IS,” “AS AVAILABLE,” WITH ALL FAULTS, AND WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR CONTENT. WE MAKE NO WARRANTY THAT OUR CONTENT WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT ENDORSE ANY OF THE VIEWS EXPRESSED IN OUR CONTENT. Accessing our Content and our Site is at your own risk. You are advised to take adequate precautions to minimize any loss to your system caused by malicious programming (e.g. virus, worms), including use of anti-virus programs and proper backup of files. Posting malicious programming to our Site is prohibited.

b. Notwithstanding subsection (a) in this Section 13, WisconsinEye is not released from any duty it is required to perform under the terms of (i) the License Agreement between WisconsinEye and the State of Wisconsin (Senate) dated July 5, 2005, and any renewals or extensions thereof, and (ii) the License Agreement between WisconsinEye and the State of Wisconsin (Assembly) dated July 6, 2005, (each a “License Agreement,” and collectively, the “License Agreements”); nor does subsection (a) limit WisconsinEye’s liability for breach of any License Agreement or limit the remedies available to the State of Wisconsin for any violation of such License Agreement.

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Except as otherwise provided in this Section 15, you agree to indemnify, defend and hold WisconsinEye and (as applicable) our employees, directors, officers, donors, agents, users, parent, subsidiaries, affiliates and other partners, harmless from and against any loss, cost, claim, damage, liability and/or expense, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, including reasonable attorneys’ fees arising out of or in any way connected with our Content or Site, resulting from your use of our Content or our Site, your access to our Site, your breach of this User Agreement or violation of any law or third party’s rights. This Section does not apply to any User who is a State of Wisconsin agency, governmental entity, or a member or employee of the Wisconsin State Legislature signing this User Agreement in his or her official capacity.

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b. If any provision of this User Agreement shall be held void, invalid or inoperative, no other provision of this User Agreement shall be affected as a result thereof, and, accordingly, the remaining provisions of this User Agreement shall remain in full force and effect as though such void, invalid or inoperative provisions had not been contained herein.

c. The headings and captions used herein are inserted for convenience of reference only and shall not affect the construction or interpretation of this User Agreement.

d. We may assign our rights and obligations under this User Agreement at any time without notice.

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