USAGE
AND LICENSE TO USE AGREEMENT
"SHRINKWRAP
LICENSE"
Self-executing
Contract/Security Agreement in Event of Unauthorized use
You have my permission to modify and use the modified complaints,
motions, briefs, and other legal filings, for non-commercial purposes, to fit your situation without
violating my copyright of this work and website if you are not a licensed
attorney and meet other
requirements stated. This is provided on an "AS
IS" basis.
HOWEVER copying any portion of this work
other than the above legal documents will be a violation of the author's rights
and federal copyright law as this work is or will be registered in the Library
of Congress and is intended to generate income. This website software is protected by Virginia's UCITA laws
which provide for extensive protection of software works. Licensed attorneys
are barred from copying,
printing,
distributing or using ANY
part of this website without explicit written authorization. Your use of these filings is an ACCEPTANCE of EXPLICIT CONTRACT per terms contained herein, and cedes the site
owner jurisdiction and
venue in Fauquier County, VA, or other location of his choice. See further
terms on indexcopyrightuccnotice.htm
or EULA.htm
The AUTHOR or
copyright owner, or software developer
neither makes or implies any warranties or guarantees, express or
implied, other than those written in the agreement including, without
limitation, the warranties of merchantability and fitness. This is provided on
an "as is" basis.
User agrees to pay a fee for any other use than
those listed above, and must
contact owner for further
information on the fee.
Reproduction and distribution prohibited without permission.
This website is intended to be viewed on a computer. Permission and
limited, non-exclusive license to reproduce this website, by any method
including but not limited to magnetically, digitally, or hard copy, may be licensed for $4,999.00 per printed hard copy page per copy per annum,
in advance of printing.
Other complete copies distributed on CD media for private usage are available at negotiated fees when copyright and software
owner is contacted for fee and other information.
Copyright Notice/Security
Agreement
All rights reserved re web site THE BACKWARDS
ABUSE PREVENTION LAWS, (website BAPL)
by J. W. Wright III, Fauquier County, VA. No part of the web site THE
BACKWARDS ABUSE PREVENTION LAWS, (website BAPL ) or derivatives of the website or related software may be used or reproduced in any manner
for purposes of commercial (profit from sale) or financial gain or by former
spouse without the prior, express written consent and acknowledgment of by J.
W. Wright III, hereinafter "Secured Party." The trade secrets,
intellectual property, and contents and pattern of collective application of
sample documents, i.e. "Copyright Notice," "published Web
Pages," and "unpublished Web Pages,", and related software contained at BAPL are the exclusive property of J. W. Wright III, Fauquier
County, VA.
Reproduction and use of the aforementioned trade secrets, intellectual
property, sample documents, and
related software contained at BAPL, as well as all other material contained at
BAPL, is authorized only for personal, non-commercial (non-money-making)
purposes.
With
the intent of being contractually bound, any person, juristic person, or former spouses as
well as the agent of said juristic person, consents and agrees by this Copyright
Notice/Security agreement that neither said person, juristic person, nor the
agent of said person or former spouses shall use for commercial or financial
gain or beneficial gain the name THE BACKWARDS ABUSE PREVENTION LAWS (BAPL) nor any of the aforementioned
copyrighted material contained on the web site or associated servers, without
the prior, express written consent and acknowledgment of the Secured Party's
signature in red ink, and, in the case of common-law-copyrighted trade secrets,
intellectual property, contents and pattern of collective application of web
pages and related software
contained at BAPL and associated web servers, the prior,
express, written consent and acknowledgment of said common-law copyright
holder, as signified by said common-law copyright holders signature in red ink.
Secured party neither grants, nor implies, nor otherwise gives consent for any
unauthorized commercial use, or any use by prior spouses, of BAPL, it's web servers, its
proprietary software applications, not the copyrighted materials contained on
the web site or any development server, all such unauthorized use is strictly
prohibited.
Self-executing[1]
Contract/Security Agreement in Event of Unauthorized use: By this Copyright Notice,
the person, or both the juristic person and any agent of said juristic person,
hereinafter jointly and severally "User," consent and agree that any
use of THE BACKWARDS ABUSE PREVENTION LAWS (BAPL) other
than authorized personal, non-commercial use as set forth above, constitutes
unauthorized use, counterfeiting, of the copyrighted material contained at
BAPL, and contractually binds User, renders this Copyright Notice a Security
Agreement, wherein User is debtor and J. W. Wright III, Fauquier County, VA
is Secured Party, and signifies that User; (1) grants Secured party a
security interest in all the User's assets, land, and personal property, and
all User's interests in assets, land, and personal property, in the sum certain
amount of $500,000.00 per each occurrence of unauthorized use of the aforementioned
copyrighted material, plus costs plus interests as specified by Secured Party,
plus triple damages; (2) authenticates this Copyright Notice/Security
Agreement, hereinafter "Security Agreement," wherein User is debtor
and J. W. Wright III, Fauquier County, VA is Secured Party, and where in
User pledges all of User's assets, land, consumer goods, farm products,
inventory, money, gold, silver, diamonds, investment property, commercial tort
claims, letters of credit, letter-of-credit rights, chattel paper, instruments,
deposit accounts, documents, and general intangibles, and all of User's
interest in all such foregoing property, now owned and hereafter acquired, now
existing and hereafter arising, and wherever located, as collateral for securing
User's contractual obligation in favor of Secured Party for User's unauthorized
use of Secured party's copyrighted property;
(3) consents and agrees this Secured Party's
filing of a UCC Financing Statement in the UCC office, as well as in any county
recorder's office, wherein J. W. Wright III, Fauquier County, VA is
Secured Party; (4) consents and agrees that said UCC Financing Statement
described above in paragraph "(3)" is a continuing financing
statement, and further consents and agrees with Secured Party's filing of any
continuation statement necessary for maintaining Secured Party's perfected
security interest in all of User's property and interest in property, pledged
as collateral in Security Agreement and described above in paragraph "(2),"
until User's contractual obligation theretofore incurred has been fully
satisfied; (5) consents and agrees with Secured party's filing of any UCC
Financing Statement, as described above in paragraphs "(3)" and
"(4)," as well as the filing of this Security Agreement, as described
above in paragraph "(2)," in the UCC filing Office, as well as in any
county recorder's office; (6) consents and agrees that any and all such filings
described in paragraph's "(4)," and "(5)" above are not, and
may not be considered, bogus, and the User will not claim that any such filing
is bogus; (7) waives all defenses; and (8) Appoints Secured Party as Authorized
Representative for User, effective upon User's default re User's contractual
obligations in favor of Secured Party as set forth below under "Payment
Terms" and "Default Terms," granting Secured Party full
authority and power for engaging in any and all actions on behalf of User
including, but not limited by authentication of a record on behalf of User, as
Secured Party, in Secured Party's sole discretion, deems appropriate, and, as
regards and deposit account of any kind maintained with any bank in/under the
the name of User, and likewise any deposit account maintained under Social
Security Account Number/Employer Identification Number of User, notwithstanding
the absence of User's name as account-holder of any such deposit account
maintained with any bank in/under the Social Security Account Number/Employer
Identification Number of User, grants Secured Party full authority and power
for originating instructions for said deposit-account and directing the
disposition of said funds in said deposit account by acting as signatory on
said account without further consent of User and without liability, and User
further consents and agrees that this appointment of Secured Party as
Authorized Representative for User, effective upon User's default, is
irrevocable and coupled with a security interest, and (9) consents and agrees
the governing law will be from the Commonwealth of Virginia.
User further consents and agrees with
all of the following additional terms of Self-executing Contract/Security
Agreement in Event of Unauthorized Use: Payment Terms: In
accordance with the fees for unauthorized use of THE BACKWARDS ABUSE
PREVENTION LAWS (BAPL) and the
copyrighted material contained , as set forth above, User hereby consents and
agrees that User shall pay Secured Party all unauthorized fees within ten (10)
days of the date User is sent Secured Party's invoice, hereafter "Invoice,"
itemizing said fees. Default Terms: In event of non-payment in
full of all unauthorized-use fees by User within ten (10) days of date of
Invoice is sent, User shall be deemed in default and; (a) all of User's
property and interest in property, pledged as collateral by User and described
above in paragraph "(2)," immediately becomes, i.e. is, property of
Secured Party; (b) Secured Party in appointed User's Authorized Representative
as set forth above in paragraph "(8)"; and (c) User consents and agrees
that Secured party may take possession of, as well as otherwise dispose of in
any manner that Secured Party, in Secured Party's sole discretion, deems
appropriate, including, but not limited by, sale at auction, at any time
following User's default, and without further notice, any and all of User's
property and interest in property, formerly pledged as collateral by User as
described above in paragraph "(2)," now property of Secured Party, in
respect of this Security Agreement, that Secured Party, again in Secured
Party's sole discretion, deems appropriate.
Terms
for Curing Default: Upon event of default, as set forth above under
"Default Terms," irrespective of any and all of User's former
property and interest in property in possession of, as well as disposed of by,
Secured Party, as authorized above under "Default Terms," User may
cure User's default re only the remainder of User's property and interest in
property, formally pledged as collateral as described in paragraph
"(2)," that is neither in the possession of, not otherwise disposed
of by, Secured party within twenty (20) days of date of User's default only by
payment in full. Terms of Strict Foreclosure: User's non-payment
in full of all unauthorized-use fees itemized in Invoice within said twenty (20)
day period for curing default as set forth above under "Terms for Curing
Default" authorizes Secured Party's immediate non-judicial strict
foreclosure on any and all remaining property and interest in property,
formally pledged as collateral by User as described above in paragraph
"(2)," now property of Secured Party, which is not in the possession
of, nor otherwise disposed of by, Secured Party upon expiration of said twenty
(20) day default-curing period. Ownership subject to copyright held by J. W.
Wright III, Fauquier County, VA, Copyright © 2000, 2001, 2002, 2003, 2004, 2005. All Rights Reserved.
This agreement/contract conforms to the Uniform Commercial Code known as the
UCC and Virginia's UCITA code.
@2005 J.W. Wright III all rights reserved
[1] A self-executing instrument is one that is "effective immediately without the need of any type of implementing action." Black's Law Dictionary 1364 (7th ed. 1999).