BlackRoad OS, Inc. Proprietary License — All Rights Reserved

2026-02-24 16:42:27 -06:00
parent ef02555a20
commit 7115942f37
1 changed files with 8 additions and 264 deletions
--- a/260
+++ b/260
@@ -557,266 +557,10 @@ NOT constitute a license. This Agreement governs regardless of any
 automated crawling policies.
 ==================================================
-SECTION 11 — DATA DISGORGEMENT, MONETARY DAMAGES,
+SECTION 11 — INDEMNIFICATION
             AND AUDIT RIGHTS
 ==================================================
-BlackRoad OS, Inc. asserts absolute rights to trace, audit, quantify,
+11.1 You shall indemnify, defend, and hold harmless BlackRoad OS, Inc.,
 and recover damages from any unauthorized use of its data, code,
 documentation, or intellectual property.
 11.1 RIGHT TO DATA RETURN AND DISGORGEMENT.
     (a) Any entity that has ingested, cached, stored, indexed,
         processed, trained on, fine-tuned with, evaluated against,
         or otherwise used BlackRoad OS, Inc.'s Software, code,
         documentation, or data ("Unauthorized Data") is REQUIRED to:
         (i)   Immediately cease all use of Unauthorized Data;
         (ii)  Identify and disclose all instances where Unauthorized
               Data exists within their systems, models, training
               sets, evaluation sets, caches, indexes, embeddings,
               vector databases, and derived outputs;
         (iii) Delete all Unauthorized Data and all derivatives
               thereof from all systems, including but not limited
               to model weights that incorporated Unauthorized Data
               during training;
         (iv)  Provide a certified, itemized accounting of all
               Unauthorized Data in their possession, signed under
               penalty of perjury by a corporate officer;
         (v)   Return to BlackRoad OS, Inc. complete copies of all
               Unauthorized Data, including metadata showing when
               and how it was acquired.
     (b) The obligation to disgorge data is RETROACTIVE and applies
         regardless of when the data was acquired, whether before or
         after the effective date of this Agreement. The act of having
         public repositories does not constitute consent to data
         collection for any purpose other than human viewing through
         a web browser.
 11.2 MONETARY DAMAGES FRAMEWORK.
     Any entity found to have used BlackRoad OS, Inc.'s intellectual
     property without authorization shall be liable for the GREATER
     of the following:
     (a) ACTUAL DAMAGES: All direct and consequential damages
         suffered by BlackRoad OS, Inc., including lost licensing
         revenue, diminished trade secret value, and competitive harm.
     (b) DISGORGEMENT OF PROFITS: One hundred percent (100%) of all
         revenue, profits, and financial benefit derived by the
         infringer from any product, service, model, or system that
         was developed, trained, improved, evaluated, or marketed
         using BlackRoad OS, Inc.'s intellectual property.
     (c) STATUTORY DAMAGES: Up to $150,000 per work infringed under
         17 U.S.C. Section 504(c)(2) for willful infringement.
     (d) PROPORTIONAL ROYALTY DAMAGES: Calculated as follows:
         (i)   TRAINING DATA ROYALTY: If BlackRoad data constituted
               any portion of a training dataset, BlackRoad OS, Inc.
               is entitled to a pro-rata share of ALL revenue
               generated by the resulting model, calculated as:
               Royalty = (BlackRoad Data Volume / Total Training Data)
                         x (Total Model Revenue) x (Multiplier of 3x)
               The 3x multiplier reflects the enhanced value of
               curated, proprietary code and documentation versus
               generic training data.
         (ii)  MINIMUM ROYALTY FLOOR: Regardless of the proportional
               calculation, the minimum royalty for any unauthorized
               use of BlackRoad data in model training shall be no
               less than ONE MILLION DOLLARS ($1,000,000) per model
               per year in which the model was offered commercially.
         (iii) INFERENCE ROYALTY: If any model trained on BlackRoad
               data generates output in response to user queries,
               BlackRoad OS, Inc. is entitled to $0.01 per inference
               call made to that model, or 5% of per-query revenue,
               whichever is greater.
         (iv)  EMBEDDING ROYALTY: If BlackRoad code, documentation,
               or data has been converted to embeddings or vector
               representations for use in retrieval-augmented
               generation (RAG), search indexes, or code suggestion
               systems, BlackRoad OS, Inc. is entitled to $0.001
               per retrieval query against those embeddings plus
               a lump-sum royalty of $500,000 per database containing
               BlackRoad embeddings.
     (e) TREBLE DAMAGES: In cases of willful, knowing, or reckless
         infringement, all damages under this Section shall be
         TREBLED (multiplied by three) pursuant to 15 U.S.C. Section
         1117(b) and applicable trade secret statutes.
     (f) COMPOUNDING INTEREST: All damages accrue interest at the
         rate of eighteen percent (18%) per annum from the date of
         first unauthorized use until paid in full.
     (g) AUDIT AND INVESTIGATION COSTS: The infringer shall pay all
         costs incurred by BlackRoad OS, Inc. in detecting,
         investigating, and proving the infringement, including
         forensic analysis, expert witness fees, and e-discovery
         costs.
 11.3 MANDATORY AUDIT AND TRANSPARENCY RIGHTS.
     (a) RIGHT TO AUDIT. BlackRoad OS, Inc. has the absolute right
         to audit any entity suspected of using its intellectual
         property. Upon written demand, the audited entity shall:
         (i)   Provide complete access to training data manifests,
               data provenance records, and dataset composition logs;
         (ii)  Disclose all sources of code used in training,
               including GitHub repositories scraped or crawled;
         (iii) Provide model cards, datasheets, and documentation
               describing training data sources;
         (iv)  Allow independent third-party forensic analysis of
               model weights, embedding spaces, and training
               pipelines to detect BlackRoad data signatures;
         (v)   Respond to all audit requests within thirty (30)
               calendar days.
     (b) FAILURE TO COMPLY with an audit request shall create a
         REBUTTABLE PRESUMPTION that the entity used BlackRoad
         data in its training, and damages shall be calculated at
         the maximum rate under Section 11.2.
     (c) ONGOING MONITORING RIGHTS. BlackRoad OS, Inc. shall have
         the ongoing right to:
         (i)   Submit test prompts to any AI system to detect
               memorized or regurgitated BlackRoad code, documentation,
               or proprietary terminology;
         (ii)  Analyze AI-generated outputs for fingerprints of
               BlackRoad intellectual property (see Section 11.4);
         (iii) Engage third-party auditors to inspect training data
               and model behavior;
         (iv)  Subpoena training data records, crawler logs, and
               GitHub API access logs in the event of litigation.
 11.4 CODE FINGERPRINTING AND DIGITAL WATERMARKING.
     (a) BlackRoad OS, Inc. embeds proprietary digital fingerprints,
         watermarks, canary tokens, stylometric markers, and unique
         identifiers ("Fingerprints") throughout its Software,
         including but not limited to:
         (i)   Unique variable naming conventions and code patterns
               that serve as stylometric signatures;
         (ii)  Canary strings embedded in documentation, comments,
               and configuration files;
         (iii) Steganographic markers in media assets, images, and
               binary files;
         (iv)  Unique mathematical formulations (Amundson Equations)
               that are traceable if reproduced;
         (v)   Agent personality definitions and response patterns
               that constitute recognizable creative expression;
         (vi)  Hash-chain journal entries (PS-SHA-infinity) that
               create verifiable provenance chains;
         (vii) Proprietary terminology (e.g., "Intelligence Routing,"
               "Tokenless Gateway," "Directory Waterfall,"
               "Trinary Logic," "Depth Scoring," "Respectful
               Economics") that constitutes protectable trade dress.
     (b) DETECTION METHODOLOGY. The presence of any Fingerprint in
         an AI model's outputs, training data, or embedding space
         constitutes PRIMA FACIE EVIDENCE of unauthorized use of
         BlackRoad intellectual property.
     (c) TAMPERING PROHIBITION. Any attempt to remove, alter,
         obscure, or circumvent Fingerprints constitutes:
         (i)   Circumvention of copyright management information
               under 17 U.S.C. Section 1202;
         (ii)  Circumvention of technological protection measures
               under 17 U.S.C. Section 1201 (DMCA Anti-Circumvention);
         (iii) Additional grounds for treble damages.
     (d) AUTOMATED DETECTION SYSTEMS. BlackRoad OS, Inc. operates
         automated monitoring systems that:
         (i)   Query major AI APIs (including but not limited to
               ChatGPT, Claude, Gemini, Grok, Copilot, and
               CodeWhisperer) for memorized BlackRoad content;
         (ii)  Monitor code suggestion platforms for BlackRoad
               code patterns;
         (iii) Scan model hubs (including Hugging Face, GitHub
               Models, and Replicate) for unauthorized derivatives;
         (iv)  Analyze published model documentation and papers for
               references to BlackRoad data;
         (v)   Monitor domain registrations and app stores for
               trademark infringement.
     (e) EVIDENCE PRESERVATION. All detection results are
         automatically logged, timestamped, and preserved in
         tamper-proof hash-chain journals (PS-SHA-infinity) for
         use as evidence in legal proceedings.
 11.5 PLATFORM-SPECIFIC DATA RIGHTS.
     (a) GITHUB / MICROSOFT. BlackRoad OS, Inc. expressly opts out
         of all GitHub terms permitting the use of repository
         contents for AI training, code suggestions, or model
         development, including but not limited to GitHub Copilot
         and any successor products. This opt-out is effectuated
         under GitHub's Terms of Service and Privacy Statement,
         and is further reinforced by this Agreement.
     (b) HUGGING FACE. No BlackRoad data, code, models, or assets
         may be hosted on, distributed through, or indexed by
         Hugging Face without express written authorization.
         Any BlackRoad-related content found on Hugging Face
         without authorization shall be subject to immediate
         DMCA takedown and damages under this Section.
     (c) GOOGLE / ALPHABET. BlackRoad OS, Inc. opts out of all
         Google terms permitting indexing or use of content for
         AI training, including Gemini, Bard, and any products
         derived from Google's AI models.
     (d) COMMON CRAWL AND WEB ARCHIVES. BlackRoad OS, Inc. does
         NOT consent to inclusion in Common Crawl, the Pile, the
         Stack, StarCoder training data, RedPajama, or any other
         public dataset. Any inclusion constitutes unauthorized
         copying under this Agreement.
     (e) ALL OTHER PLATFORMS. This opt-out extends to all current
         and future AI training platforms, code indexing services,
         and data aggregation services not specifically named herein.
 11.6 DATA SUBJECT RIGHTS (REGULATORY).
     To the extent applicable under any jurisdiction:
     (a) Under the CALIFORNIA CONSUMER PRIVACY ACT (CCPA/CPRA),
         BlackRoad OS, Inc. asserts the right to know what personal
         and proprietary data has been collected, the right to delete,
         the right to correct, and the right to opt-out of sale or
         sharing of data.
     (b) Under the GENERAL DATA PROTECTION REGULATION (GDPR), to the
         extent any processing occurs in the EU/EEA, BlackRoad OS,
         Inc. asserts rights under Articles 15 (right of access),
         17 (right to erasure), 20 (right to data portability), and
         21 (right to object to processing).
     (c) Under the DELAWARE PERSONAL DATA PRIVACY ACT, BlackRoad OS,
         Inc. asserts all applicable data subject rights as a Delaware
         corporation.
     (d) Under any OTHER applicable privacy or data protection law,
         BlackRoad OS, Inc. reserves all rights to access, deletion,
         portability, and objection to processing.
 ==================================================
 SECTION 11A — INDEMNIFICATION
 ==================================================
 11A.1 You shall indemnify, defend, and hold harmless BlackRoad OS, Inc.,
     Alexa Louise Amundson, and their respective officers, directors,
     employees, agents, successors, and assigns from and against any
     and all claims, damages, losses, liabilities, costs, and expenses