Bunop's intellectual property pencil

Corporations: Become a Bunop partner!

Simply stated, everything you write with the Bunop pencil belongs to Bunop, Inc.! When you sharpen the Bunop pencil you received, you agree to the following terms and conditions of use:

License Agreement for The Bunop Pencil. "You" means the person who last sharpened the Pencil. "We" and "Bunop" and "us" means Bunop, Inc., a corporation chartered in the state of New Jersey on February 23, 2000. "You" may alternatively mean any corporation where an officer or other person who has authority over the actions of the corporation has sharpened the Pencil. "Intellectual Property" means any patents, trade secrets, designs, sales figures, marketing strategies, inventions, source code, or other valuable information.
Limited Nonexclusive License. You acknowledge that you are acquiring only a limited nonexclusive license to use the pencil (the "License"). We remain the owner of all right, title, and interest in the pencil. The License permits you to use the pencil for writing and erasing, except where such use conflicts with the laws of your location or the laws of New Jersey. You agree to our rights in this License Agreement:
1. Everything you write with the Bunop Pencil becomes copyright of Bunop. Permission to use material whose copyright is owned by Bunop may be requested in writing. Note that US Copyright law allows you to make a copy for personal use. Bunop expressly allows you to make derivative works, based on materials whose copyright is owned by Bunop, providing said derivative works are written with a Bunop pencil, or if their copyright is expressly signed over to Bunop.
2. You agree to give to Us exclusive rights to use and sell any invention you disclose by reduction to writing with the Bunop Pencil.
3. Any invention erased by the eraser of the Bunop Pencil belongs to Bunop, Inc., as if it had been written instead.
4. You will promptly notify Bunop, Inc. of any written or erased material that falls under the terms of this agreement.
5. If the Bunop Pencil has been sharpened far enough so that the agreement written on the Pencil is not wholly legible, you agree to attach a clearly visible tag to the Pencil which states "Sharpening this Pencil constitutes agreement to the terms at http://kochanski.org/gpk/misc/2002/bunop" . Alternatively, you may return the Pencil to Us (at your cost), and We may replace it (at our option) with another Pencil.
6. You may loan, give, or sell this License to use the Pencil to another person. If so, you agree to inform the Pencil's next owner of the License, and that by accepting the Pencil they will be subject to the terms of this License.
7. Similarly, dividing the Bunop Pencil into multiple parts creates one new Bunop Pencil for each part, and all newly created Pencils are bound by the same License.
8. You agree not to permit the Pencil to be used for any purpose that may reasonably be foreseen to lead to the damage or destruction of the Pencil, beyond normal use and reasonable sharpening. Specifically, you may not throw it away (except as mentioned below) or burn it. Further, you agree not to use the Pencil in any way contrary to the laws of your location, or to the State of New Jersey.
9. You are aware of existing claims on any Intellectual Property that you may produce, for instance due to employment agreements you may have entered into. You agree that if you should use the Pencil in such a way that your obligation to transfer Intellectual Property to Bunop conflicts with a similar obligation to transfer Intellectual Property to any other person or organization, that you will support Bunop in any legal action Bunop may undertake to assert its rights, including filing legal papers or testifying at your expense.
10. You agree not to publish any comments about this License, or about Bunop, in any form or location without the prior written consent of Bunop. You further agree not to write the name "Bunop" under any circumstances (except for the purpose of addressing mail to Bunop) without the prior approval of Bunop.
11. If you are a corporation or an officer of a corporation, or for other reasons have authority over the actions of a corporation, you agree to allow Bunop nonexclusive rights to market all patents and intellectual property of said corporation, in exchange for full and unencumbered title to said Pencil.
12. If you are a corporation or an officer of a corporation, or for other reasons have authority over the actions of a corporation, you agree to supply Bunop Pencils to all employees.
Transfer of License This license shall transfer when the Pencil is transferred. Bunop retains all rights granted by this License with respect to both the transferor and the transferee. Transferring the License does not relieve the transferor from existing obligations under this License, for example you must still inform Bunop of any Intellectual Property that you had created with this Pencil before the transfer. Warranty rights transfer with the Pencil, but only for the 30 day period of the Limited Warranty.
Limited Warranty. We warrant to you that, for a period of 30 days after delivery of this Pencil from Bunop to you:
1. The atoms of which the Pencil is composed will remain free from defects, and will be indistinguishable from all other atoms of the same atomic number and mass.
2. The Pencil will, when sharp, and when the point is pressed against paper, make dark marks.
No employee, agent, dealer, or distributor of ours is authorized to modify this limited warranty, nor to make additional warranties. No action for any breach of the above limited warranty may be commenced more than one year after the expiration date of the warranty.
If implied warranties may not be disclaimed under applicable law, then ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 30 DAYS AFTER DELIVERY OF THIS PENCIL TO YOU. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
Limited Remedy. Your exclusive remedy in the event of a breach of the foregoing limited warranty, TO THE EXCLUSION OF ALL OTHER REMEDIES, is set forth in this paragraph. In such event, you shall return the Pencil to us, and pay for shipping; you must include copies of all Intellectual Property created with the Pencil, and a signed statement giving rights to said Intellectual Property to Bunop, Inc. We will, at our option, either ship you a replacement Pencil at our expense, or send you a check for the cost of a replacement Pencil. Said cost of replacement pencil to be determined by Bunop, Inc. To return a Pencil, contact us to obtain a return authorization code.
No Incidental or Consequential Damages Independent of the foregoing provisions, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR CONNECTED WITH THIS AGREEMENT OR YOUR USE OF THE PENCIL, regardless whether we know or have reason to know of the possibility of such damages. You agree that you have seen and used pencils before, and are aware of the risks of their use, especially the risks of sticking pencils in general (or the Pencil in particular) into your ear. Some states do not allow exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Your Indemnity to Us Independent of the foregoing provisions, you agree to defend and indemnify us against, and hold us harmless from, any and all claims, damages, losses, and expenses of any kind arising from or connected with the operation of your business.
Termination If you materially breach this License Agreement, we may terminate your right to use the Pencil by notice to you. You agree that, upon termination of the License, you will either return or safely dispose of the Pencil.
Entire Agreement. This License Agreement may be modified only by a writing signed by You and Us. This written License Agreement is the exclusive agreement between you and us concerning the Pencil and supersedes any and all prior oral or written agreements, negotiations, or other dealings between us concerning the Pencil. In the event of litigation between you and us concerning the Pencil, you agree to pay all attorney's fees in the litigation and also in any ancillary disputes (e.g., discovery disputes). This License Agreement will be governed by the law of the State of New Jersey applicable to contracts executed and performed entirely in, and by residents of, that state. This License Agreement is effective when you first sharpen the Pencil; you agree that we do not need to sign this License Agreement for it to take effect.