This site is permanently defunct. The book The Triple Path has been withdrawn from publication and is no longer available electronically. All prior licenses for distribution or use of the book have expired. The following license terms now control:
ELECTRONIC CONTENT LICENSE AGREEMENT
The Triple Path by James Kenneth Rogers
Effective Date of This Revision: January 1, 2025
Supersedes: All prior versions of this License
THE FOLLOWING NOTICE APPEARs IN ALL PRINT AND ELECTRONIC COPIES OF THIS WORK:
"See TriplePath.org/license for terms governing electronic redistribution. By downloading electronic copies of the book, or by redistributing electronic copies of the book, you agree to those terms."
By virtue of having downloaded, accessed, or received an electronic copy of The Triple Path (the "Work"), you ("Licensee") are bound by this License Agreement ("Agreement"). If you do not agree to every term of this Agreement, you must immediately permanently delete all copies of the Work in your possession or control and cease all use.
ARTICLE I — SCOPE AND BINDING EFFECT
1.1 Acceptance by Conduct. The copyright page of every edition of the Work—print and electronic—contains a notice directing readers to TriplePath.org/license and stating that downloading or redistributing electronic copies of the Work constitutes agreement to this License. Accordingly, any person who has downloaded, redistributed, or otherwise obtained an electronic copy of the Work has affirmatively agreed to be bound by this Agreement and all prior versions thereof, including any versions in effect at the time of their initial download.
1.2 Incorporation of Prior License Terms. The prior version of this License, which governed all downloads made prior to the effective date of this revision, contained terms that by their express language survive its expiration. Those surviving terms are restated and reaffirmed herein. In particular, the prior License provided: "You may not copy, redistribute, or use excerpts from the book for any purpose without permission." That restriction was not subject to any expiration date and remains in full force. All permissions to copy or redistribute the Work that were granted under prior versions of this License expired on June 30, 2024. No new permissions to copy or redistribute the Work are granted by this Agreement.
1.3 Obligation to Delete. Because all permissions to possess, distribute, or use electronic copies of the Work expired on June 30, 2024, any person currently in possession of an electronic copy of the Work is obligated to permanently delete all such copies immediately. Continued possession of an electronic copy of the Work after the date on which that person received notice of the expiration of permissions (whether through this License, the copyright page notice, or otherwise) constitutes a continuing violation of this Agreement.
1.4 Organizational Binding. Any individual who downloaded, accessed, or used the Work in any official capacity on behalf of any organization, corporation, media entity, news organization, governmental department or unit, or other legal entity represents that they had actual authority to bind that entity to the terms of this Agreement, and that entity is thereby bound.
ARTICLE II — RESERVATION OF ALL RIGHTS
2.1 No Rights Granted. This Agreement grants Licensee no rights of any kind to copy, reproduce, display, perform, distribute, transmit, sublicense, modify, or create derivative works of the Work or any portion thereof, in any medium or format, whether now known or hereafter developed.
2.2 All Rights Reserved. All rights in and to the Work are reserved exclusively by the copyright holder. No license, permission, or right may be implied from any prior course of dealing, prior version of this License, or any other source.
2.3 Prohibited Acts. Without limiting the generality of Section 2.1, the following acts are expressly prohibited:
(a) Copying, reproducing, or duplicating the Work or any portion thereof, in any medium;
(b) Distributing, transmitting, uploading, or making available the Work or any portion thereof to any person, entity, platform, website, database, or system;
(c) Displaying or performing the Work or any portion thereof publicly, including by posting, streaming, or sharing any content from the Work;
(d) Using the Work or any portion thereof for any commercial, governmental, journalistic, academic, political, religious, or any other purpose;
(e) Linking to any electronic copy of the Work hosted anywhere other than TriplePath.org, provided that no permission to link is currently granted;
(f) Continued possession of any electronic copy of the Work after receiving notice that prior permissions have expired;
(g) Sharing, forwarding, or transmitting this Agreement, a copy of the Work, or any excerpt of the Work with any third party without also communicating the full terms of this Agreement and assuming joint liability as set forth in Article IV.
ARTICLE III — CONTRACTUAL DAMAGES
3.1 Nature of Damages. The parties agree that the damages arising from a violation of this Agreement are difficult or impossible to calculate precisely, and that the liquidated damages provisions of this Article represent a reasonable pre-estimate of harm and not a penalty.
3.2 Per-Violation Liquidated Damages. For each discrete violation of any provision of Article II or Article I of this Agreement, Licensee agrees to pay, as liquidated damages, a sum equal to the maximum amount of statutory damages then available under 17 U.S.C. § 504(c)(2) for willful copyright infringement (currently $150,000 per work infringed), as a contractually agreed damages benchmark—regardless of whether any copyright claim is asserted, whether the Work was registered with the U.S. Copyright Office, or whether any infringement in the copyright sense has occurred. This sum is stipulated as the agreed measure of damages under this License for breach of its terms.
3.3 Definition of "Violation." For purposes of this Article, each of the following constitutes a separate and independent violation giving rise to a separate and independent liquidated damages obligation:
(a) Each act of copying or reproduction of the Work or any portion thereof;
(b) Each act of distribution or transmission of the Work or any portion thereof to any person or entity;
(c) Each instance of continued possession of an electronic copy of the Work on any given calendar day following the date on which Licensee was on notice of the obligation to delete;
(d) Each public display or public performance of any content from the Work;
(e) Each separate posting, upload, or sharing of any content from the Work on any platform, website, or service.
3.4 Willfulness Presumed. Because Licensee has been placed on express notice of all restrictions by the copyright page notice in every edition of the Work and by this Agreement, all violations shall be presumed willful for purposes of calculating damages under this Article.
3.5 Attorneys' Fees and Costs. In any proceeding to enforce this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs. In addition, if the copyright holder is the prevailing party, Licensee shall be liable for all investigative and enforcement costs incurred by the copyright holder in connection with identifying and pursuing the violation.
3.6 Cumulative Remedies. The liquidated damages remedy set forth in this Article is cumulative and does not limit or supersede any other remedy available to the copyright holder at law or in equity, including injunctive relief and actual damages.
3.7 Injunctive Relief. Licensee acknowledges that a breach of this Agreement would cause irreparable harm to the copyright holder for which monetary damages would be an inadequate remedy, and agrees that the copyright holder shall be entitled to seek immediate injunctive relief in any court of competent jurisdiction, without bond, without proof of actual damages, and without prejudice to any other rights or remedies.
ARTICLE IV — JOINT AND SEVERAL LIABILITY FOR FURTHER DISTRIBUTION
4.1 Duty to Inform. Any Licensee who shares, transmits, or otherwise makes available to any third party either a copy of the Work or a link to a copy of the Work must, contemporaneously with that sharing, provide the third party with a complete copy of this Agreement.
4.2 Joint Liability. Any Licensee who shares the Work or any portion thereof with any third party—whether or not the Licensee complies with the notification obligation of Section 4.1—assumes joint and several liability with that third party for all violations of this Agreement subsequently committed by that third party and for all liquidated damages arising from such violations.
4.3 Organizational Liability. Any organization, corporation, governmental entity, or other legal entity on behalf of which an individual downloaded or used the Work is jointly and severally liable with that individual for all violations of this Agreement.
ARTICLE V — GOVERNING LAW, VENUE, AND JURISDICTION
5.1 Governing Law. This Agreement, and all disputes arising under or related to it, shall be governed by the laws of the United States of America and the State of Arizona, without regard to conflict-of-law principles.
5.2 Exclusive Venue. The exclusive venue for all disputes arising under or related to this Agreement—including any claims by the copyright holder against Licensee relating to the Work, whether or not such claims arise under this Agreement—shall be the Superior Court of Maricopa County, Arizona. Licensee irrevocably consents to personal jurisdiction and venue in that court and waives any objection based on improper venue, inconvenient forum, or lack of personal jurisdiction.
5.3 Survival. Sections 2.1 through 2.3, Article III, Article IV, and Article V shall survive any expiration, termination, or revision of this Agreement and shall remain in full force and effect permanently.
5.4 Waiver of Jury Trial. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSEE WAIVES ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING UNDER OR RELATED TO THIS AGREEMENT.
5.5 Class Action Waiver. Licensee waives any right to bring or participate in any class action, collective action, or representative proceeding arising under or related to this Agreement.
ARTICLE VI — GENERAL PROVISIONS
6.1 Severability. If any provision of this Agreement is held unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and all remaining provisions shall remain in full force and effect.
6.2 No Waiver. The copyright holder's failure to enforce any provision of this Agreement on any occasion shall not constitute a waiver of the right to enforce that provision on any future occasion.
6.3 Entire Agreement. This Agreement, together with the copyright page notice in the Work, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, and agreements relating to that subject matter, except that prior license terms expressly stated to survive expiration remain in effect as provided in Section 1.2.
6.4 Amendment. The copyright holder reserves the right to amend this Agreement at any time by posting a revised version at TriplePath.org/license. The dispute resolution, venue, and damages provisions of this Agreement shall continue to govern all disputes regardless of any future amendment or expiration.
6.5 No License by Estoppel or Implication. No license to use the Work shall arise from any prior permission, prior version of this License, course of dealing, course of performance, or any other source except an express written license signed by the copyright holder.