LICENSE AGREEMENT
This Agreement is effective on the date the Intellectual Property is downloaded by the Licensee.
Recitals
A. Licensor is in the business of providing a total support network for all recreational vehicle enthusiasts (“RVers”/ “RVing Community.”) and owns the Intellectual Property, the form of which, is set forth at escapees.com hereby incorporated by reference.
B. Licensee wishes to use the Intellectual Property, for one of the following uses: personal blogs, personal YouTube channels or similar web-based channels, and/or personal websites. The use shall be selected at the time the Licensee downloads the Intellectual Property; and, the use shall hereby be incorporated by reference into this Agreement. The use of the Intellectual Property shall not be commercial in nature.
C. Licensor is willing to grant the Licensee a license to use the Intellectual Property on the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements set forth below, the parties hereto covenant and agree as follows:
Article II: License
A. The Licensor hereby grants to the Licensee, and the Licensee hereby accepts, a nonexclusive, nontransferable license (the “License”) to use the Intellectual Property.
B. No other right or license is granted by Licensor to Licensee or by Licensee to Licensor, either express or implied, with respect to any other trademark, trade name, service mark, or other intellectual property right owned, possessed, or licensed by or to Licensor. Licensee shall not use the Intellectual Property in any manner not specifically authorized by this Agreement.
Article III: Operation under License
A. The Licensee must obtain all governmental permits, licenses, registrations, and approvals needed to produce and market the Product or provide the Service and must operate under the License in compliance with all applicable laws and regulations. Specifically, but without limitation, when using any of the Intellectual Property, the Licensee must comply with all laws relating to intellectual property in force, including marking requirements. At the request of Licensor, and without compensation to Licensee, Licensee shall promptly do such acts and execute, acknowledge, and deliver all such papers as may be necessary or desirable, in the sole discretion of Licensor, to obtain, maintain, protect, and/or vest in Licensor the entire right, title, and interest in and to any Intellectual Property; including rendering such assistance as Licensor may request in any litigation, Patent and Trademark Office proceeding, or other proceeding. All use of any Intellectual Property by Licensee on any good shall inure to the benefit and be the property of Licensor.
B. The Licensee may use the Intellectual Property only in connection with goods manufactured, distributed, and sold by or for, and/or services provided by or for, the Licensee in accordance with the specifications, directions, and processes furnished to the Licensor by the Licensee or its representatives and agents from time to time; and, the quality of all goods sold under the Intellectual Property must be satisfactory to the Licensor or as specified by the Licensor. The Licensee must furnish to the Licensor, upon request, with samples of goods sold or distributed, and/or examples of how Licensee provides services, using one or more of the Intellectual Property. In addition, in order to assure that the development, manufacture, appearance, quality, and distribution of the Product and/or Service are consonant with the Intellectual Property used to identify it or them, Licensor retains the right to participate at each stage of development of any Product or any other Material Requiring Approval and to approve or disapprove of any development, manufacture, appearance, quality, and/or distribution.
C. Whenever the Licensee uses any of the Intellectual Property, in advertising or in connection with goods that it sells or distributes, the Intellectual Property must be displayed in accordance with specifications and directions furnished by the Licensor to the Licensee, from time to time. Licensee shall use upon or in connection with the Product, and/or Service, where a United States Federal Trademark Registration has been obtained, the symbol ®. Licensee shall not otherwise affix or use such in connection with nor use any other trademark or trade name in connection with the Product without Licensor’s prior written approval. The Licensee must also clearly indicate the Licensor’s ownership of the Intellectual Property whenever one of the Intellectual Property is used. Licensee agrees to use such copyright notice as may be prescribed by legal counsel for Licensor, from time-to-time.
Article IV: Assignment and Subleasing
A. This Agreement and the License are personal to the Licensee, and the Licensee may not assign or sublicense any of the rights granted to the Licensee under this Agreement without the advance written consent of the Licensor, which consent may be withheld for any reason whatsoever. Any purported assignment or sublicense by the Licensee (or by operation of law) that is not approved in writing by the Licensor will be null and void and of no legal effect whatsoever.
B. This Agreement may be assigned by the Licensor to any person or entity whatsoever.
Article V: Licensorship and Protection of Intellectual Property
The Licensee acknowledges the Licensor’s exclusive right, title, and interest in the Intellectual Property and will not at any time do or cause to be done any act or thing contesting or in any way impairing or tending to impair any part of such right, title, and interest. Specifically, but without limitation, the Licensee will at no time adopt or use any word or mark that is likely to be similar to or confusing with the Intellectual Property. In connection with use of the Intellectual Property, the Licensee will not in any manner represent that it has ownership of the Intellectual Property or any registration thereof, and the Licensee acknowledges that use of the Intellectual Property will not create in the Licensee’s favor any right, title, or interest in or to the Intellectual Property, but all uses of the Intellectual Property by the Licensee, including any goodwill generated by such use, will inure to the benefit of the Licensor. The Licensor will be responsible for trademark registrations and must use commercially reasonable efforts to file, prosecute, and maintain all trademark and related registrations and registration applications for the Intellectual Property.
Article VI: Infringement
Only the Licensor shall have the right, but not the obligation, to prosecute any infringement of the Intellectual Property. The Licensee must promptly inform the Licensor of any infringement that comes to the Licensee’s attention, regardless of whether the Licensee elects to prosecute the infringement.
Article VII: Licensor’s Warranties and Representations
The Licensor is the sole Licensor of the Intellectual Property and has a good right to license the rights in the Intellectual Property to the Licensee in accordance with the terms of this Agreement.
Article VIII: Indemnity
A. Licensee represents and warrants that it has the right to enter into this Agreement and to agree to the terms and conditions of this Agreement. The Licensee agrees that it will indemnify and hold harmless the Licensor , and its directors, officers, employees, shareholders, partners, agents, and affiliates, against all controversies, disputes, claims, liability, and expenses (including legal fees) relating to this Agreement, whether sounding in contract, tort or otherwise, brought by a third party.
B. Licensee shall promptly notify the Licensor of any claim, in writing; and, Licensee shall cooperate with the Licensor in the defense of any claim.
Article IX: Term and Termination
A. The term of the License will commence on the date of this Agreement and will continue in effect for a period of one (1) year. At the expiration of the initial one-year term of the License, or any renewal thereof, the License will be renewed for a period of one year beginning on the date of the expiration of the prior term, unless either the Licensor or the Licensee gives written notice of termination to the other not later than thirty (30) days before the expiration of the prior term. If notice of termination is given, the License will terminate on the expiration of the existing term.
B. The Licensor may, at its option, terminate the License prior to the end of its term by written notice to the Licensee if Licensee violates any of the terms of this Agreement.
C. Termination or expiration of the License will not in any way operate to impair or destroy any of the Licensor’s or the Licensee’s preexisting rights or remedies, either at law or in equity.
D. Immediately following the termination or expiration of the License, all rights granted to Licensee hereunder shall automatically revert to Licensor and Licensee shall execute any and all documents evidencing such automatic reversion; and, the Licensee must cease and desist from all use of the Intellectual Property in any way and deliver to the Licensor all material and papers on which the Intellectual Property appear that are in the Licensee’s possession.
E. Licensee shall, within three (3) months after such expiration or termination, deliver to Licensor a complete and accurate statement indicating that all existing inventories of Product have been destroyed and all references to Intellectual Property have been removed from Licensee’s properties.
Article X: Relationship
A. The relationship between the Licensor and the Licensee is that of licensor and licensee, and it is not the purpose or intention of this agreement or of the parties to create a partnership, joint venture, principal-agent, or other relationship for any purpose whatsoever. Neither the Licensor nor the Licensee is authorized to or has the power to obligate or bind the other party in any manner whatsoever except as may be expressly provided in this Agreement.
Article XI: Binding Effect
A. The provisions of this Agreement will be binding on and inure to the benefit of the heirs, personal representatives, successors, and assigns (where applicable) of the parties.
Article XII: Notice
A. All notices and other communications between the parties must be in writing.
B. Notices must be given by (i) personal delivery, (ii) a nationally-recognized, next-day courier service, (iii) first-class registered or certified mail, postage prepaid to the party’s address specified in this agreement, or to the address that a party has notified to be that party’s address for the purposes of this section, (iv) or via email.
C. A Notice given in accordance with this Agreement will be effective upon receipt by the party to which it is given or, if mailed, upon the earlier of receipt and the fifth Business Day following mailing.
Licensor:
Teresa Moore, COO
Escapees, Inc.
100 Rainbow Drive
Livingston, Texas 77351
Licensee:
______
______
______, ______ ______
Article XIII: Attorney’s Fees
In the event of any controversies, disputes, and/or claims arising out of or relating to this Agreement, whether sounding in contract, tort, or otherwise, each party shall bear its own costs and expenses, including reasonable attorneys’ fees, incurred in connection with such action.
Article XIV: Confidentiality
Licensee shall maintain the confidentiality of all trade and proprietary secrets that may be disclosed in the course of providing the services under this agreement. Licensor shall identify to Licensee in advance and in writing any information or data deemed a trade or proprietary secret.
ARTICLE XV: CHOICE OF LAW
The parties agree that the laws of Texas shall govern this Agreement and all controversies, disputes and claims relating to, in connection with or arising out of this Agreement or breach of this Agreement, whether sounding in contract, tort, or otherwise, and whether settled by binding arbitration or by a court of competent jurisdiction.
Article XVI: Waiver
A party’s failure or neglect to enforce any of its rights under this agreement will not be deemed to be a waiver of that rights or any other of its rights.
Article XVII: Headings and Construction
The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.
Article XVIII: Counterparts
The parties to this Agreement may sign this Agreement in any number of counterparts, each of which is an original and all of which taken together form one single document. Moreover, this Agreement shall become effective when each of the parties to this Agreement sign one or more counterparts and delivered the signed counterpart to each of the other parties to this Agreement, in accordance with ARTICLE II: NOTICE of this Agreement.
Article XIX: Severability
If any term or provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable, the remainder of this Agreement shall remain in full force and effect, and, that illegal, invalid, or unenforceable term or provision shall be modified to the extent necessary to render such term or provision enforceable. The rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements of the parties, without frustrating the purpose of the Agreement.
Article XX: Entire Agreement, Modification and Integration
A. This Agreement constitutes the entire agreement between the parties. Each party acknowledges that in entering into this Agreement it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made expressly or impliedly) that is not set out in this agreement.
B. This Agreement may not be modified other than in a writing, dated, executed by an authorized representative of both parties, stating its intent to modify or supersede this Agreement and delivered in accordance with the Notice clause of this Agreement.
IN WITNESS WHEREOF, Licensor has caused this Agreement to be executed by offering the Intellectual Property for download on escapees.com; and, Licensee has caused this Agreement to be executed personally or, as appropriate, by its duly authorized officers by downloading the Intellectual Property.
21 Responses
Your mini-infomercial on Insta-Pot just didn’t make sense to me and I do about 95% of our cooking. We are fulltime RVers (for 17 years) and our RV galley/kitchen is fully usable and functional without one of these gadgets.
Lockie said she had three electric pressure cookers and bemoans the “earlier” versions that many of us grew up with. She even states, “have you seen some of the photos of stovetop cookers gone awry?” Well, No, I haven’t. At least not in the last 30-40 years and that’s a guess. Years ago, in the rare instance of my hearing that a pressure cooker had “gone awry,” it was ultimately determined that it was misuse that caused the problem.
Lockie mentions that one of these cookers will replace (and I quote) “rice cooker, egg cooker, bean pot, yogurt maker, cheesecake maker, pasta cooker, sauté pan, slow cooker, steamer and more.” I certainly don’t have all these gadgets in my kitchen now and no plans to get them. Plus, I can cook rice, eggs, beans, and pasta perfectly using the basics such as a pot, water, and the item.
Plus, with one Insta-Pot, everything has to be cooked together—like a soup or stew. While we enjoy these occasionally, we do not want it for every dinner.
It seems that promoting Insta-Pot as the ultimate in cooking enhancements is a bit of “overkill” and not an effective replacement for other skills.
Hi there,
We asked Lockie to write this article due to the numerous inquiries we get from RVers, asking about electric pressure cookers (such as an Instant Pot) and how they work for an RV kitchen.
While you may not find purpose in some of the features she discusses, there are others who do. We’re happy you’ve found the approach that works for you! 🙂
We rejoined Escapees earlier this year while in Quartzsite.
We came across an outlet mall while we were heading into Las Vegas. While roaming around a Williams-Sonoma store, I spotted a display of Instant Pots. One followed us home.
We have enjoyed using our Instant Pot a lot. We’ve cooked pork loin, carna guisada, beef roast, Anastasia & pinto beans, and sweet potatoes, for which, I am happy to report, they all came out tasting great.
What are your favorite things to cook, either entrees or side dishes?
One concern with Instant Pots/Pressure cookers is the humidity/steam released when opening the pot, even after the “natural” release. Easy solution we have is to take the Instant Pot outside to release the steam and the initial opening which releases still more humidity. It may sound inconvenient but it really isn’t a big deal and spares us the humidity. Ribs are amazing done in the Instant Pot, as well as tri tip, and takes less time and doesn’t use propane for the oven. Quick finish on a grill for those that like a little char and they taste like they cooked a long time. We have found it simplifies and quickens a lot of meals, especially after being gone all day doing things. Same results as a slow cooker without all the time.
I love my instant pot! I use it nearly everyday and sometimes more than once a day. It’s wonderful to cook a dozen hard boiled eggs in 5-10 minutes. The shells just fall off. A 6 qt will cook two racks of ribs in 25 min. I make yogurt at least every week…so much better than store bought (and you know what’s in it. Only using one cup of water rather than a pot full to cook eggs, pasta, etc is another plus. I’ve made sous vide steak several times and cheese cake…yum! You also can cook more than one thing at a time. It’s called pot-in-pot cooking. Anyway I love mine and wouldn’t want to do without it.
We’re full timers and appreciate Lockie taking the time to write this article. I carry a different brand of the electric presser cooker as I just liked that it appeared to be a bit easier for clean up than the Instant Pot. I was hoping for some recipes so maybe she would be willing to share some. I’ve heard that there is a Ninja version of the instant cookers that has a browning element in the lid so will probably be looking into this to replace the one I have sometime in the future. Thank you Lockie for sharing 😉
My husband and I are full time RVers. We love our Nonja Foodie as it has a wide variety of functions. I admit that I wa fairly skeptical but my husband follows some food bloggers who have wonderful recipes. Thank you for this great eticke
I wouldn’t think of RVing without my IP. I use it a lot, mostly for rice as it comes out perfectly. I, however set mine for 4 minutes when cooking rice and have never had a problem. It’s great for pulled pork. As for the steam, I just throw a folded kitchen towel over it when I release the steam. Of course then I have a wet towel to deal with. I wouldn’t recommend it for cooking posole. The kernels turn to mush and don’t bloom. On another note: I just acquired the air fryer lid for mine and can’t wait to try chicken in it.
Could you please let us know what you think about the air fryer lid?
I turn my pressure pot on before I do anything else. By the time I’ve got my ingredients around, the pot is hot. This reduces the amount of time it takes for the pot to come to pressure once I add my ingredients and secure the lid.
I attended an RVillage Rally where the PotHeadz ladies presented two different seminars. The huge room was packed both times and over a third of attendees were men. It was eye opening.
To avoid excessive steam/humidity in my small Lance 1475, I use my 8 qt outside. While it’s making dinner for my dog (yes, I spend more for her food than myself) or myself, I enjoy sitting outside and reading.
I recently purchased a Mealthy CrispLid for my InstantPot (it fits both 6 & 8 qt), so now I have an air fryer (enjoying my sweet potato no oil fries) to add to the assortment of the other products I don’t need to purchase.
Thank you Lockie for the information. I too went to the Instant Pot in my RV because of it’s multi use functionality in the RV. I loved it so much that I actually purchased the Ninja FoodI that has the function of air fryer and all the functions of the Instant Pot.
These appliances do require a willingness to learn how to use them but once you do most people will love them!
We have the 6 qt. Instant Pot and love it. I have the double stack pots that I can use doing meat in one and veggies in the second pot. I also love making cheesecakes in my Instant Pot. I also have the Instant Pot Blender and have ordered the Instant Pot Vortex 7:1 air fryer . I bought the Air Fryer lid and fry basket, but I think we will like the vortex for its rotisserie even better.
I do love my IP when we are in our sticks and bricks but I find it not useful for our style of RV travel. We are mostly no hookup boondocking types so running the genny to use it just doesn’t work for us. I do enjoy its versatility but I not a daily user. I do think those who are with hookups would enjoy having the IP on board to save not heating up the rig in warmer months.
I purchased the Ninja Foodie because it does it all!! We use the Air Fryer function a lot! We love chicken wings, fish for fish tacos, zucchini chips, etc. By having the Ninja Foodie, I only have to bring one appliance and fewer pots and pans. I have baked banana bread in it and it came out wonderful. There is no food you cannot do in the Foodie! Making it a perfect appliance for the RV. As far as steam, when doing a quick release I hold a folded dish towel over the vent catching most of the steam. And while we’re in Texas, we can use a bit of humidity, due to the high heat and very low humidity.
I love my Instant pot but sure could use a good cookbook for it. Any recommendations?
Your article was right on target, Lockie. I loved your analogy of us Boomers growing up in the Cold War with visions of mushroom clouds when using our “manual” pressure cookers. My mother used her pressure cooker regularly and I was given the usual warnings. She gifted me my first pressure cooker along with more warnings. Then one day years later it happened. I blew up the beans. Beans everywhere – ceiling, hood vent, floor, counter, every crevice of the stove, down the side of the refrigerator, on the windows, curtains, cabonets, kitchen table, light fixtures. Yes, the whole enchilada. I cleaned up and kept using it. It’s that good. Then I discovered the electric pressure cooker. I bought a 4-quart Fagor that is virtually identical to the InstaPot before InstaPot became the household standard. This smaller size was all we two needed even before fulltiming and I wouldn’t be without it. It’s truly a space saver in our RV.
For those who are perfectly happy without a pressure cooker, that’s terrific. I doubt we who have used and loved any version of the InstaPot would ever go back.
I bought the non stick insert for the IP. Much easier cleanup after browning stuff.
Going to look at the ‘Mealthy Crisp Lid’ as I just did sweet potato fries in oven, when
114 degrees in Tucson. HiHi
I’m a full timer and have owned an InstaPot for six years. I just bought a new InstaPot that has more amazing features than my first one. I use my InstaPot all the time and couldn’t imagine life without it. I’ve found many thousands of recipes online along with tips for using my InstaPot. I just had to begin using it and experimenting with recipes. It’s so easy to use and cuts meal preparation down.
We are also full timers. I have had them all in my sticks and bricks home. The larger IP, the Ninja Foodie. Now I have the 3 quart IP. I love the size. Makes more than enough for the two of us and takes up less room. I invested in a nice Ninja oven so I can air fry or bake when I want to. As for the steam problem. I set the IP under the oven hood, turn on the vent fan and it works great!