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).