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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.