Between Global Presence Enterprises, LLC (AKA GP, GPM, GPE) and GPE Client on proposal, contract, or invoice.
Terms:
1. Grant of License:
GP, GPM, or GPE grants GPE Client a non-exclusive, non-transferable license to use the Authored Work, subject to the terms and conditions of this Agreement.
2. Ownership:
While GPE Client holds a license to use the Authored Work, it does not gain copyright ownership unless explicitly stated in the contract, proposal, or invoice. GP, GPM, or GPE retains copyright ownership unless otherwise agreed in writing. The default status of our creative works is conditional subscription licensing. The second option is royalty payments. The last option is ownership with a value-based pricing model.
3. Client's Legal Responsibility:
GPE Client assumes full legal responsibility for any claims of copyright infringement arising from their commissioning and use of the Authored Work. GPE Client agrees to indemnify and hold harmless GP, GPM, or GPE from any claims, damages, losses, or expenses, including attorneys' fees, arising from any breach of copyright laws in using the Authored Work.
4. Modifications:
Unless prior written approval is obtained, GPE Client may not modify, redistribute, or create derivative works from the Authored Work. Unauthorized modifications could result in copyright infringement.
5. Confidential Information:
GPE Client agrees not to use any Confidential Information in a way that infringes upon the copyrights or intellectual property rights of GP, GPM, or GPE or any third party.
6. Indemnification Clause:
GPE Client agrees to indemnify, defend, and hold harmless GP, GPM, or GPE from and against any claims, liabilities, damages, and expenses (including attorneys' fees and costs) arising from the client's use of the Authored Work, including but not limited to claims of copyright infringement.
7. Applicable Law:
The Agreement shall be governed by the laws of the State of Florida, with an addition that any copyright infringement disputes will also be subject to federal copyright laws.
8. Arbitration:
The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations among the parties. If the matter is not determined by negotiation within 30 days, the parties will resolve the dispute using arbitration. Any controversies or conflicts arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and any court with proper jurisdiction may enter judgment upon it.
10. Acceptance:
The Agreement should be accepted by the GPE Client when accepting the proposal or contract “I Agree to the Terms and Conditions” Checkbox or paying the invoice, acknowledging their understanding and acceptance of the terms, including the client's legal responsibilities.
Licensor: Global Presence Enterprises, LLC | Jack Hakimian, CEO
Licensee: GPE Client | Representatives Name on Invoice