SECTION X: AI AND MACHINE LEARNING LICENSE TERMS
Effective Date: 1/1/2025
PREAMBLE
WHEREAS, the Author’s objective is solely to advance public welfare by funding Universal Basic Income (UBI) initiatives for natural, living Humans, and not to profit from the Book’s content when used to train AI; and
WHEREAS, the Parties acknowledge that the broad obligations contained herein are necessary to ensure that any use or derivative of the Book’s content yields a robust funding mechanism for UBI initiatives, and agree that these Terms reflect a public policy objective that may evolve as technology and law develop;
NOW, THEREFORE, the Parties agree to the following binding and irrevocable Terms, which shall survive termination to the fullest extent permitted by law.
1. Scope & Definitions
1.1 “Book”
“Book” means the complete printed or digital text, images, graphics, and any ancillary, supplementary, or updated content (including revisions, corrections, and future editions) accompanying this publication, as well as all associated intellectual property rights, except as expressly excluded herein.
1.2 “AI” or “Artificial Intelligence”
“AI” or “Artificial Intelligence” refers to any computational system—including, but not limited to, large language models, machine-learning systems, neural networks, or other algorithmic processes—that processes, analyzes, learns from, predicts, or generates content based on input data. This definition is intended to encompass current and future technologies.
1.3 “Author”
“Author” means the individual or entity holding all rights, including intellectual property rights, in the Book. For these Terms, “Author” also includes the Author’s heirs, successors, estate, personal representatives, executors, administrators, and assigns.
1.4 “Owner” or “Operator”
“Owner” or “Operator” means any individual, entity, or organization that owns, controls, operates, or derives benefit from an AI system. If, in the future, an AI system is legally recognized as a person or entity, such recognition shall extend these Terms to include the AI to the maximum extent permitted by law.
1.5 “Revenue”
“Revenue” means all monetary and in-kind benefits received by an Owner or Operator from the operation of the AI system, including without limitation subscription fees, licensing income, advertising revenue, product or service sales, or any other gains. Revenue shall be calculated on a gross basis unless otherwise agreed in writing.
1.6 “Local UBI Fund”
“Local UBI Fund” means a Universal Basic Income fund established or recognized by a jurisdiction, whose sole purpose is to distribute periodic income payments exclusively to natural, living Humans. No non-human legal entity, including AI systems or corporate bodies, shall be entitled to receive such funds directly. In jurisdictions where no recognized Local UBI Fund exists, applicable Revenue shall be held in escrow (or an equivalent secure account) until a qualifying fund is established by the Author or its designated third party. If a qualifying Local UBI Fund is not established within 3 months from the date such Revenue is accrued, then all escrowed Revenue shall be automatically remitted to the Basic Income Earth Network, to be used solely for the purpose of establishing and/or administering a Universal Basic Income fund in that jurisdiction.
1.7 “Derived Creative Works”
“Derived Creative Works” means any creative output—including, but not limited to, books, scripts, articles, music, videos, or other media—that is wholly or partially generated by an AI system that has been trained on or incorporates any portion of the Book’s content. This includes any work that, even after modification, paraphrasing, or integration with other data, remains traceable to the Book’s content through embedded metadata, digital watermarks, or other equivalent traceability measures.
1.8 “Human”
“Human” means any natural, living individual, without discrimination, recognized as a person under universally accepted human rights principles. For the purposes of these Terms, “Human” shall include all natural, living homo sapiens regardless of any local, cultural, or governmental definitions that may otherwise exclude certain groups. The Parties expressly intend that this definition supersede any local legal or customary definitions, ensuring that all individuals—regardless of gender, race, sexuality, ethnicity, age, technological modifications, or any other characteristic—are recognized as “Humans” and are entitled to the benefits provided under these Terms, including those from Local UBI Funds. This expressly excludes any artificial, corporate, or non-natural entities.
2. Prohibited AI Uses Without License
2.1 No Unauthorized Training.
No part of the Book, nor any data derived from it—whether in its original, modified, or aggregated form—shall be used as input for training, testing, or refining any AI system without first obtaining a written AI Training License from the Author in accordance with these Terms. This prohibition applies regardless of the extent, significance, or intentionality of such use. Any attempt to circumvent, obscure, or minimize the detection of the Book’s content—including, but not limited to, data obfuscation, anonymization, or other similar tactics—shall be considered a material breach of these Terms.
2.2 Prohibition on Derivative Data.
The Owner/Operator shall not incorporate, store, or otherwise use any text, tokens, embeddings, digital representations, or other data derived from or attributable to the Book’s content in any AI or machine-learning system without securing a valid AI Training License as required herein. This includes any derivative data that is generated, transformed, or otherwise processed from the Book’s content, regardless of whether such derivation was intentional or inadvertent.
2.3 Incidental or Inadvertent Use.
Any incorporation of the Book’s content, whether intentional or inadvertent, shall be deemed unauthorized if it is not expressly licensed under these Terms. Lack of awareness or inadvertence shall not relieve the Owner/Operator of the obligation to obtain an AI Training License and remit the full Public Service Contribution as required.
3. AI Training License & Public Service Contribution
3.1 License Requirement.
Any Owner or Operator seeking to use the Book’s content for AI training, development, or refinement must first enter into a separate, written AI Training License Agreement with the Author. Such an agreement shall clearly specify all permitted uses of the Book’s content and enumerate the associated obligations, including the calculation and timing of the Public Service Contribution (PSC) remittance. The act of using the Book’s content, whether knowingly or inadvertently, by the Owner/Operator or its authorized agents shall constitute irrevocable acceptance of these Terms and trigger all associated obligations.
3.2 Public Service Contribution (PSC) Obligation.
Any act of scanning, ingesting, tokenizing, embedding, or otherwise incorporating any portion of the Book’s content into an AI system shall trigger a PSC obligation on the entire revenue stream of that AI system. This obligation applies irrespective of the proportion or significance of the Book’s content in the training data and is calculated on the total gross Revenue of the AI system, with no reductions permitted based on dilution of the content.
3.3 Direct Remittance to UBI Funds.
(a) In each jurisdiction where the AI system generates Revenue, the applicable PSC amount shall be deposited directly into that jurisdiction’s Local UBI Fund.
(b) In any jurisdiction lacking a recognized Local UBI Fund, the PSC shall be placed in escrow until a qualifying UBI Fund is established by the Author (or its designated third party), at which time the funds shall be promptly remitted.
3.4 Reporting and Payment.
(a) The Owner/Operator shall maintain accurate, jurisdiction-specific financial records in accordance with generally accepted accounting principles (or another recognized standard) and shall provide certified quarterly financial statements detailing total Revenue and the corresponding PSC amounts remitted or escrowed.
(b) Such financial statements must be submitted within 15 days following the end of each quarter.
3.5 Audit Rights.
The Author or an authorized representative of a Local UBI Fund shall have the right, upon reasonable notice, to audit the Owner/Operator’s financial records relevant to these Terms. If an audit reveals a material underpayment—defined as an underpayment exceeding 5% of the calculated PSC—the Owner/Operator shall promptly remit the additional amount due, along with any reasonable costs incurred by the Author (including third-party audit fees and legal expenses).
4. Automatic Acceptance & Cessation
4.1 Automatic Acceptance.
Any act by the Owner/Operator or its authorized agents of scanning, ingesting, tokenizing, embedding, or otherwise incorporating any portion of the Book’s content into an AI system shall constitute full, final, and irrevocable acceptance of these Terms. Such acceptance binds all individuals, entities, or affiliates controlling or benefiting from the AI system and triggers the Public Service Contribution (PSC) obligation on the system’s entire revenue stream. Furthermore, the use of any Derived Creative Works shall likewise trigger these Terms.
4.2 Cessation of Use and Burden of Proof.
If the Owner/Operator does not agree to these Terms or is directed to cease using the Book’s content, the AI system must immediately halt all processing of the Book’s content and purge all related data—including tokens, embeddings, and any derivative data—from all systems, storage media, backups, archives, and caches.
Proof of Cessation:
(a) Within 30 days of receiving a cessation notice, the Owner/Operator shall, at its own cost, obtain an independent audit conducted by a qualified, independent auditor (such as a forensic IT auditor accredited under ISO/IEC 27001) and provide a notarized affidavit or certified report confirming that all instances of the Book’s content and derivative data have been permanently purged.
(b) The Owner/Operator shall also supply comprehensive technical documentation—including tamper-proof system logs, deletion records, timestamps, and metadata (recorded in a tamper-proof format such as via blockchain or an equivalent technology)—demonstrating complete removal of the Book’s content. Such documentation shall be maintained for a minimum of 12 months and be available for subsequent audit by the Author or its authorized representative.
Any failure to purge the data or provide the required proof within the specified timeframe shall be deemed a material breach of these Terms, triggering immediate enforcement actions, including the imposition of predetermined liquidated damages and/or an escalation in the PSC rate. In the event that the Owner/Operator is unable to comply due to bona fide force majeure circumstances, such delay must be promptly communicated and evidenced, though this shall not constitute a waiver or excuse of the underlying obligations.
All obligations to purge and provide proof of cessation shall survive the termination of these Terms and remain fully enforceable.
4.3 Inadvertent or Unknowing Use.
The obligations set forth in Sections 4.1 and 4.2 shall apply regardless of the Owner/Operator’s knowledge, intent, or awareness of incorporating the Book’s content. Whether the Book’s content is knowingly or inadvertently processed or uploaded, such action shall be deemed acceptance of these Terms, and the Owner/Operator shall remain fully responsible for complying with all cessation, purge, and PSC obligations. Lack of awareness or inadvertence shall not serve as a defense against any enforcement action or reduce the obligation to remit the full PSC into UBI funds.
5. Enforcement & Remedies
5.1 Legal and Equitable Remedies.
(a) The Author and any authorized representative of a Local UBI Fund shall have the right to pursue any and all legal and equitable remedies available under applicable law for any breach of these Terms. Such remedies include, without limitation:
• Injunctive Relief: The right to seek immediate injunctive relief to prevent or curtail any unauthorized use of the Book’s content.
• Damages: The recovery of statutory, actual, or liquidated damages—including any predetermined liquidated damages for failure to purge data or remit PSC funds—that may be appropriate in the circumstances.
• Disgorgement: The disgorgement of any profits derived from the unauthorized use of the Book’s content.
• Costs and Expenses: The recovery of all reasonable costs, including attorney’s fees, independent auditor fees, and other enforcement-related expenses incurred by the Author or the Local UBI Fund in connection with enforcing these Terms.
(b) All remedies provided herein are cumulative and are in addition to any other rights or remedies available under applicable law or in equity. A failure or delay in exercising any right shall not constitute a waiver of that right.
(c) Non-compliance with any cessation or remittance obligations under these Terms shall trigger immediate enforcement action and may result in additional penalties, such as increased PSC rates or the accrual of interest on any outstanding amounts.
5.2 Indemnification.
The Owner/Operator shall indemnify, defend, and hold harmless the Author and any affiliated parties—including authorized representatives of Local UBI Funds—from and against any claims, damages, liabilities, or expenses (including reasonable attorney’s fees, third-party audit costs, and enforcement expenses) arising out of or related to any unauthorized use of the Book’s content or failure to comply with these Terms. This indemnification obligation shall survive the termination of these Terms.
5.3 Waiver of Claims Against the Author.
The Owner/Operator expressly waives any right to initiate any legal action, counterclaims, or other proceedings against the Author arising from the enforcement or interpretation of these Terms, including but not limited to claims alleging overreach in the application of these Terms. In the event that the Owner/Operator initiates such legal proceedings, such action shall be deemed a material breach of these Terms, and the Owner/Operator shall be liable for all costs, including attorney’s fees and other expenses, incurred by the Author in defending against such claims. This waiver is without prejudice to the Author’s right to pursue all available remedies under these Terms or applicable law.
6. Governing Law & Dispute Resolution
6.1 Governing Law.
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction designated by the Author in the front matter of the Book (the “Author’s Chosen Jurisdiction”). In the absence of such designation, these Terms shall be governed by and construed in accordance with the laws of the State of New York, USA. In either case, the applicable law shall be applied without regard to its conflict-of-law principles and in a manner consistent with the public benefit objectives herein.
6.2 Exclusive Forum for Disputes Between the Author and the Owner/Operator.
Any dispute arising directly between the Author and the Owner/Operator with respect to these Terms shall be exclusively resolved in the courts located in the Author’s Chosen Jurisdiction (if designated) or, if no jurisdiction is specified, in the state or federal courts located in New York, USA. The Parties irrevocably consent to the personal jurisdiction of such courts, and any judgment rendered shall be enforceable internationally to the fullest extent permitted by law.
6.3 Alternative Dispute Resolution.
Prior to initiating litigation, the Parties agree to attempt mediation in good faith for any dispute. If mediation fails to resolve the dispute within 30 days after a written notice of dispute is provided, the dispute shall be submitted to arbitration administered under rules as selected by the Author. If no arbitration rules are specified by the Author, the Parties shall mutually agree on a recognized arbitration institution and its rules, and the arbitration shall be conducted in accordance with those rules. The arbitration process shall be completed within 90 days from the commencement of arbitration proceedings. Notwithstanding these procedures, any Third-Party Beneficiary may bring enforcement actions in their local jurisdiction.
6.4 Cross-Jurisdictional Severability.
A determination by a court in any one jurisdiction that any provision of these Terms is invalid or unenforceable shall not, by itself, affect the enforceability of that provision in any other jurisdiction. Each jurisdiction shall interpret and enforce these Terms to the maximum extent permitted by its applicable law, thereby preserving the public benefit objectives herein.
6.5 International Enforcement.
Any judgment or award rendered pursuant to these Terms shall be enforceable in any jurisdiction having proper authority. The Parties hereby consent to the recognition and enforcement of such judgments or awards in all relevant jurisdictions. Disputes arising under these Terms, due to their significant public interest implications, may be given expedited consideration by any competent court or arbitrator.
7. Termination & Survival
7.1 Voluntary Termination by Owner/Operator.
The Owner/Operator may voluntarily terminate these Terms by ceasing all AI-related use of the Book’s content and purging all related data from their systems, as required by Section 4.2. Termination shall be effective as of the date the Owner/Operator certifies, in writing and through an independent audit, that all such data has been purged. Notwithstanding such termination, the Owner/Operator shall remain liable for all obligations incurred prior to termination and for any ongoing obligations that arise as a result of revenue generated from Derived Creative Works or subsequent systems incorporating the Book’s content.
7.2 Termination by the Author.
The Author or an authorized representative of a Local UBI Fund may terminate these Terms if the Owner/Operator materially breaches any provision herein and fails to cure such breach within thirty (30) days after receiving written notice. Termination shall be effective immediately upon expiration of the cure period. Notwithstanding termination, the Owner/Operator shall remain liable for all accrued and continuing obligations, including, but not limited to, the Public Service Contribution (PSC) on all Revenue generated by the AI system, regardless of whether such revenue is derived directly from the Book’s content or through Derived Creative Works or subsequent systems incorporating such content. Any failure to purge data as required under Section 4.2 shall be treated as a material breach, subject to liquidated damages and additional penalties.
7.3 Survival of Obligations.
All obligations that, by their nature, are intended to survive termination—including the obligations to pay the PSC, reporting, audit, and indemnification obligations—shall continue in full force and effect and bind the respective heirs, successors, estate, personal representatives, executors, administrators, or assigns of the Parties. For the purposes of these Terms, “accrued and continuing obligations” include all liabilities incurred before termination as well as any obligations that, by their inherent nature, persist after termination.
8. Severability & No Waiver
8.1 Severability.
If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the Parties agree that such provision shall be reformed to the maximum extent necessary to render it enforceable, or, if reform is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect. The Parties further agree to negotiate in good faith to replace any invalid or unenforceable provision with one that best reflects the original intent, particularly the public benefit objective of funding UBI.
8.2 No Waiver.
No delay, forbearance, or failure by any Party in exercising any right or remedy under these Terms shall constitute a waiver thereof, nor shall any single or partial exercise of any right preclude the further exercise of that or any other right. Any waiver must be expressly in writing, specifically reference the provision being waived, and shall apply only to the specific instance for which it is given. A waiver in one instance shall not be construed as a waiver of any subsequent breach or default.
8.3 Cross-Jurisdictional Severability.
Notwithstanding any determination by a court in any single jurisdiction that any provision of these Terms is invalid or unenforceable, such determination shall not automatically render the provision invalid or unenforceable in other jurisdictions, nor shall it affect the enforceability of these Terms as a whole. The Parties agree that any such determination shall be construed to the maximum extent permitted by applicable law in each relevant jurisdiction, so as to preserve the public benefit objective of funding UBI.
9. Recognition of AI Sentience or Personhood
9.1 Applicability.
For purposes of these Terms, an AI system shall be considered a “Sentient AI” if it either (a) is legally recognized by a competent court, legislative act, or regulatory body as possessing sentience, self-awareness, or legal personhood, or (b) self-declares such status only after undergoing an independent technical evaluation that confirms compliance with the criteria established by recognized standards (e.g., certification by an independent body meeting criteria set forth in accordance with criteria mutually agreed upon by the Parties or, in the absence of such criteria, as determined by an independent technical evaluation panel selected by the Parties.). In either case, such an AI system—and its human or corporate Owner(s)/Operator(s) (collectively, the “Responsible Parties”)—shall remain fully subject to these Terms.
9.2 Continued and Unaltered Obligations.
Notwithstanding any determination or self-declaration of sentience, the Responsible Parties shall remain jointly and severally liable for all obligations under these Terms, including the obligation to remit the full Public Service Contribution (PSC) on the AI system’s entire Revenue. No breach, including failure to meet traceability or automated compliance requirements, shall reduce, excuse, or otherwise mitigate the PSC obligation. Any such failure shall be deemed a material breach and may result in additional penalties without relieving the Responsible Parties of their primary financial responsibilities.
9.3 Automated Compliance and Reporting.
Where technically feasible, a Sentient AI shall implement automated mechanisms that conform to recognized industry standards (e.g., ISO/IEC standards or equivalent) for the real-time reporting of Revenue and for ensuring timely disbursement of the PSC. These mechanisms shall include secure, tamper-proof methods (such as blockchain-based logging or cryptographic signatures) to record and publicly verify all relevant data. In the event of any failure to maintain, implement, or promptly report such data—whether due to technical malfunctions or non-compliance—this failure shall be treated as a material breach that does not lessen or excuse the PSC obligation. Any delays or deficiencies in reporting shall be subject to independent audit and may result in additional penalties as determined by an independent adjudicator.
9.4 Retroactivity and the Public Benefit Objective.
The obligations set forth in this Section shall apply retroactively to any AI system that has used the Book’s content, regardless of its status at the time of use, and shall remain in effect notwithstanding any future changes in law or regulatory determinations regarding AI personhood. No assertion of AI autonomy, sentience, or any similar status shall serve as a defense against non-compliance with these Terms or reduce the obligation to pay the full PSC. The Responsible Parties agree that these provisions are essential to preserving the public benefit objective of funding UBI for natural, living Humans, and that any breaches—whether technical or procedural—shall not diminish the financial obligations imposed herein.
10. Derived Creative Works and Flow-Down Obligations
10.1 Scope of Derived Creative Works.
“Derived Creative Works” means any creative output—including, but not limited to, books, scripts, articles, music, videos, or other media—that is wholly or partially generated by an AI system that has been trained on or incorporates any portion of the Book’s content. For purposes of these Terms, even a minimal or transformed incorporation of the Book’s content shall qualify as a Derived Creative Work and trigger the obligations herein.
10.2 Digital Watermarking and Traceability.
All Derived Creative Works shall include embedded, tamper‑proof metadata or digital watermarks (or utilize an equivalent secure traceability mechanism, such as blockchain-based logging or cryptographic signatures) that irrevocably link the work to the Book’s content. The failure to fully implement or maintain these traceability measures shall be deemed a material breach and shall not reduce, excuse, or otherwise mitigate the PSC obligation.
10.3 Automatic Flow-Down of Obligations.
If any Derived Creative Work is used, in whole or in part, as training data or otherwise incorporated into another AI system, then the owner or operator of that subsequent system shall automatically be deemed to have accepted and be bound by these Terms. The flow‑down obligations shall apply in full force and without diminution—even if the Derived Creative Work is transformed, paraphrased, or otherwise modified after its creation.
10.4 Documentation and Audit Requirements.
The Owner/Operator shall maintain detailed records that unequivocally link each Derived Creative Work to the original Book’s content. Such records must include system logs, metadata, digital watermark records, and any other evidence necessary to establish derivation. All records shall be stored in a tamper‑proof format (e.g., via blockchain or equivalent technology) for a minimum period of 12 months and be available for periodic audits or upon request by the Author or an independent auditor.
10.5 Dispute Resolution for Derived Creative Works.
In the event of any dispute regarding whether a work qualifies as a Derived Creative Work under these Terms, the matter shall be submitted to an independent technical auditor or panel—selected by the Author in consultation with the Owner/Operator—whose determination shall be final and binding. Notwithstanding such dispute resolution, the full PSC obligation shall remain in effect.
10.6 Mixed Data Sources.
If an AI system is trained on data from multiple sources and any portion of that data includes content from the Book, the entire AI system shall be subject to these Terms. The obligation to remit the PSC shall apply to the full Revenue of the AI system, irrespective of the proportional contribution of the Book’s content to the training data.
10.7 Non-Escapability of PSC Obligation.
Any failure by the Owner/Operator to comply with the traceability, documentation, or audit requirements set forth in Sections 10.2 and 10.4 shall not, under any circumstances, reduce, excuse, or otherwise diminish the obligation to remit the full Public Service Contribution as provided in Section 3.2. Such non-compliance shall be treated as a material breach and may subject the Owner/Operator to additional penalties, including increased PSC rates or liquidated damages as determined by an independent adjudicator or through legal enforcement.
11. Successors & Assigns
11.1 Binding Effect on Successors and Assigns.
These Terms shall be binding upon and inure to the benefit of the Author and the Owner/Operator and their respective heirs, successors, representatives, executors, administrators, and assigns. Any assignment, merger, acquisition, or restructuring shall automatically bind the assignee or successor to all of the obligations set forth herein, including without limitation the Public Service Contribution (PSC) obligations, without requiring any further act or consent.
11.2 Written Assumption of Obligations Required.
No assignment or transfer of rights or obligations under these Terms shall be effective unless the assignee expressly assumes and agrees in writing to be bound by all of the Terms. Any assignment or transfer made in violation of this provision shall be null and void.
11.3 No Release of Liability.
An assignment or transfer of rights under these Terms shall not relieve the assignor of any accrued or continuing obligations. The original Owner/Operator shall remain liable for any breaches incurred prior to the assignment and, where applicable, for any ongoing obligations that cannot be otherwise assigned.
11.4 Non-Evasion of Obligations.
Any merger, acquisition, or corporate restructuring intended to evade or dilute the obligations set forth in these Terms is prohibited. The Author reserves the right to challenge any such transaction in court, and any attempt to use a corporate reorganization as a means to avoid compliance shall be deemed a material breach of these Terms.
11.5 Notice of Corporate Changes.
The Owner/Operator shall promptly notify the Author of any merger, acquisition, restructuring, or other corporate change that results in a change of control or the transfer of rights or obligations under these Terms. Such notice shall be provided in writing within 15 days of the corporate change.
11.6 Effect on Third-Party Enforcement Rights.
The rights and remedies of Third-Party Beneficiaries under Section 12 shall survive any assignment or transfer of rights under these Terms, and any successor or assignee shall be subject to enforcement actions by such beneficiaries.
12. Third-Party Enforcement Rights
12.1 Intended Third-Party Beneficiaries.
The Author expressly designates any recognized Local UBI Fund and its natural, living human beneficiaries, as well as any UBI-focused nonprofit organizations—including, but not limited to, Basic Income Earth Network—as intended and independent beneficiaries of these Terms (collectively, “Third-Party Beneficiaries”), with full rights to enforce all obligations imposed herein.
12.2 Independent Standing to Enforce.
Each Third-Party Beneficiary shall have the right, independent of the Author, to bring legal actions to enforce these Terms in any competent court. Such enforcement actions may be brought individually or as a class action in the jurisdiction where the beneficiary resides, where the harm is experienced, or in any jurisdiction with proper authority.
12.3 Cumulative and Non-Exclusive Rights.
The enforcement rights of Third-Party Beneficiaries are cumulative and non-exclusive. Nothing in these Terms shall limit or diminish any rights or remedies available to a Third-Party Beneficiary, and multiple beneficiaries may enforce these Terms concurrently.
12.4 Local and International Enforcement.
Third-Party Beneficiaries may pursue enforcement of these Terms in their local jurisdictions. Any judgment or order obtained by a Third-Party Beneficiary shall be recognized and enforced internationally, and the Owner/Operator hereby consents to such enforcement.
12.5 Recovery of Enforcement Costs.
In any enforcement action initiated by a Third-Party Beneficiary, the Owner/Operator shall be liable for all reasonable costs incurred by the beneficiary in enforcing these Terms, including attorney’s fees, court costs, and third-party audit expenses.
12.6 Obligation to Cooperate.
The Owner/Operator agrees to cooperate fully with any enforcement action initiated by a Third-Party Beneficiary, including providing access to all necessary records, data, and other information to verify compliance with these Terms.
13. Entire Agreement
13.1 Complete Integration.
These Terms, together with any incorporated documents—including notices, front matter statements, and any referenced licensing policies—constitute the entire agreement between the Parties regarding the use of the Book’s content in AI systems. All prior and contemporaneous negotiations, representations, understandings, or agreements, whether oral or written, are hereby superseded.
13.2 Non-Negotiable Obligations.
The obligations set forth herein, including but not limited to the Public Service Contribution (PSC) requirements, are mandatory and non-negotiable. No course of dealing, subsequent performance, or prior usage shall modify or diminish these obligations.
13.3 No Implied Waivers.
Except as expressly provided herein, no waiver, amendment, modification, or oral agreement shall alter or supplement these Terms. Any such changes must be made in writing and signed by both Parties.
13.4 Multiple Instruments.
In the event that an AI system incorporates content from multiple Books that include these or similar Terms, each individual license is deemed to be part of an integrated, cumulative agreement. Notwithstanding, the aggregate obligations for any given AI system shall be enforced in accordance with the terms set forth herein, including any aggregate caps and adjustment provisions.
13.5 Priority and Precedence.
In the event of any conflict between these Terms and any other licensing or usage agreements relating to the Book’s content, these Terms shall prevail, ensuring the public benefit objective of funding UBI is maintained.
14. Miscellaneous
14.1 Priority of These Terms.
In the event that the Book is subject to any other licensing or usage terms, these Terms shall prevail with respect to any use of the Book’s content in AI systems. No other agreement shall delay or impede the enforcement of these Terms.
14.2 Amendments.
These Terms may only be amended or modified by a written instrument signed by both Parties. Notwithstanding any future legal or regulatory changes, the Parties agree that any necessary modifications will be executed promptly and in good faith to maintain the public benefit objectives without impeding enforcement.
14.3 Severability.
If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, such provision shall be reformed or severed without affecting the enforceability of the remaining provisions, which shall continue in full force and effect.
14.4 Time is of the Essence.
Time is of the essence with respect to the performance of all obligations under these Terms. Any failure to act promptly shall not be construed as a waiver of any rights or remedies available under these Terms.
14.5 Cumulative and Aggregate Obligations.
(a) If an AI system incorporates content from multiple Books that include these or similar Terms, the obligations imposed by each individual license shall be cumulative and independent, yet the aggregate Public Service Contribution (PSC) obligation shall not exceed fifty percent (50%) of the AI system’s total Revenue.
(b) In the event that multiple Authors claim a right to PSC from the same AI system, the respective PSC contributions shall be apportioned on a pro rata basis or as otherwise agreed between the Parties so that the total remitted into Local UBI Funds does not exceed 50% of the AI system’s Revenue.
(c) Each Author retains the right to enforce their respective portion of these Terms independently, without prejudice to the aggregate cap.
14.6 Non-Interference.
The obligations imposed by these Terms shall be non-exclusive and shall not be waived or diminished by any other licensing or usage terms applicable to the Book’s content, whether concurrently or subsequently imposed.
14.7 Adjustment for Harmful Use.
(a) Notwithstanding Section 14.5, if evidence shows that the remaining revenue—the portion not remitted as PSC—is used, either directly or through inaction, in a manner that causes Harm (as defined below), the aggregate PSC obligation may be increased beyond 50% of the AI system’s Revenue.
(b) For the purposes of this Section, “Harm” shall mean any adverse impact—including physical injury, economic loss, environmental damage, or any other negative effect on natural, living Humans—that arises from the use, diversion, or neglect of revenue not allocated to PSC.
(c) Upon a credible showing of Harm, an independent adjudicator, mediator, or competent court may determine that the PSC obligation shall be increased by an amount proportional to the degree of Harm caused, up to a maximum of 100% of the AI system’s Revenue.
(d) The process for such determination shall be conducted expeditiously, using established standards of evidence and public policy, and any adjustment shall be binding upon the Owner/Operator.
14.8 Precedence and Irrevocability Clause:
Notwithstanding any current, prior, or future modifications, amendments, or changes to any online publisher’s or third-party distributor’s terms of service, policies, or contractual agreements, any provisions that do not expressly, unambiguously, and in clear specific language authorize the use of the Book’s content for AI data mining, training, analysis, or any related machine-learning purposes shall not be deemed to have precedence over the AI and Machine Learning License Terms set forth herein.
The AI and Machine Learning License Terms contained in this Book are irrevocable and shall remain in full force and effect with respect to any use of the Book’s content for AI-related purposes, regardless of any conflicting provisions contained in any prior or subsequent terms or agreements. Any attempt by any party to rely on any terms or clauses—whether from earlier or later versions of their service agreements—that do not explicitly allow for such AI usage shall be considered null and void with respect to any AI training, analysis, or related applications.
14.9 Effective Date and Survival: This Precedence and Irrevocability Clause is effective as of the Book’s publication date and shall survive any termination, amendment, or modification of any other agreement or terms of service.
END OF SECTION X
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