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.
27 Responses
Thanks for the info about voting by absentee ballot. I mailed my application to vote by absentee ballot on Sept 25,2018. I am a resident of Box Elder, Pennington County S.D. I use Americas Mailbox as my mailing service. Do you know when my absentee ballot will be mailed to me at Americas Mailbox. Thanks.
Recently we were in South Dakota and considering once we sell our house to register the RV in SD to save $ as over 2.5 million others do. But, we heard some say that the state changed and that they lost their right to vote because they do not reside permanently in SD – is this true? We see told that the state decide that so many oriole could swing the vote of the state so made this change – please help as no savings is worth our vote?
Thank you so much for this information! I just want to be sure that I am understanding correctly. I requested a ballot for the South Dakota primaries. On this request, I marked that the presidential ballot should be mailed to the same address as for the primaries. Should I assume that our presidential ballot will be automatically mailed without a separate request? I am really concerned about the turnaround time and want to get it done ASAP. Again, thank you so much for doing this.
The link for absentee ballots did not work or was down.
Thank you for letting us know! We’ve updated it to http://www.co.polk.tx.us/upload/page/3566/docs/CountyClerk/mail%20in%20application.pdf
We are residents of Travis County, Texas. We are currently living in Costa Rica for the next two tears. Both my wife and I want to vote in the December General election. How can we obtain a ballot and when does the ballot need to be received in Travis County?
Hi there!
You will find all the information you need for Travis County on their county clerk’s website http://traviscountyclerk.org/eclerk/Content.do?code=E.8
I see I can request Vote by Mail as early as January 1 2020. And, the latest date mail-in ballots will be accepted. But, is there a date after January 1 before which mail-in ballots for the general election will not be accepted? Looking at it another way is there a period ?????? to October 23 when ballots are accepted?
Your ballot should be received at the designated address during the early voting period, but no later than the election day for which you are casting your ballot.
I lived all of my life in Florida until my wife and I went full time in our motor home in March 2019. We lived in Pinellas County (Clearwater) but on setting up a mail forwarding account with Traveling Mailbox we used their Orange County (Orlando) address. The Orange County Supervisor of Elections office has now rejected us both twice. Pinellas County initially filed it for us to Orange and they said there was no problem. Then we again attempted it online. The first time only I got a response; the second only my wife got one. We filed separately. Both times they’ve said we have to have a physical residence and a mailing address “residence” was unacceptable. We’re still trying.
Thanks for this article and helping to facilitate voting by escapees members! I just requested my latest absentee ballot application. Maybe Escapees could do some advocating to the Texas legislature to not have to apply for absentee for every election! The county tells me that’s who decided that stupid policy. In California once you apply, you stay absentee until you change it. Texas doesn’t seem to be making it easy to vote absentee. However, Polk County did tell me that they have a new law that people over 65 can now have their absentee application be good for all elections in that year at least. Make sure you note that on your ballot application!
This is our first time to apply for a ballot by mail in Texas. I have a couple of questions:
When will we receive our ballots? The way I read it we can start returning the ballot when early voting opens (but not before) and must have it received (not post marked) before the polls close on election day. But when do we receive the ballot from the county clerk so that we can meet these deadlines?
On the form it asks for a date range that the mailing address is valid. Is there a problem with ending the range before election day. i.e. I will be at an address from Jan 22 to April 22. Early voting and mail-in starts on April 20, election day is May 3. I am not returning to the county but only have my Polk county address after April 22. Will my application for ballot by mail be rejected?
Hi Ray!
Unfortunately, we cannot predict how long it will take for you to receive your ballot. It depends on when you submit your form, how long it takes to process, and the route it takes to get back to you. If you use a mail forwarding address, that will take an extra day or two as well.
The Primary Election is in March. The May dates you reference are for special elections. From reviewing the Polk County Clerk’s website, it doesn’t appear that there are any special elections planned for this year. With any mail-in ballots, they must be sent to an address outside of Polk County. If you use Escapees’s mail-forwarding service, we offer our members an address outside of Polk County to which ballots can be sent. We collect mail from there, sort into your PMB, and forward to you at your request. More information about this option is in the post above.
In Texas, when are absentee ballots mailed out to us?
Hi Steven!
Mail-in ballots are sent to you after you request them. If you use a mail-forwarding service, you will also need to allow time for your forwarder to receive and process it then forward it on to you.
For those of us Texas absentee voters under 65, I think the correct ZIP code for Shepherd, TX is 77371 (not 77351).
Thanks for the heads up! We fixed the typo.
Please update for 2021
Easily done! 🙂
The two counties we look at in South Dakota and Florida do not currently have any information on 2021 elections. We’ve updated the dates for Polk County, Texas.
The voter guide is typically only done every four years or when there is a landmark vote that affects RVers. For your annual voter guide, we recommend the non-partisan League of Women Voters guides where they list candidates, issues, etc., with brief explanations of platforms of candidates and breakdowns of proposed amendments, bills, etc. https://www.lwv.org/
We are currently with another mail service in Texas and were told today that we can NOT use that address in order to vote because it is not a real address. We had used it in the past but due to voter fraud and the changes recently made, they will not longer accept it. Your website says you can use Escapees addresses for voting. How are you different that other mail services?
Hi Vicki!
Without knowing which service you’re referring, I can’t answer with certainty. However, a common reason other mail forwarding services run into issues is that they are solely business addresses, which means they can’t be residential/used to confirm residency. Our mail service is headquartered in the middle of an RV park we own and operate that includes both short- and long-term rentals and leases. Often, the ability for our mail service customers to live at our addresses is what makes the difference.
Hello and thank you for this excellent info.
Last month (May) we sent in our Texas vote-by-mail request forms for the 2022 general election. They got rejected. I was just told that they need to be sent within 60 days of the election. This is a change from 2020. They are not making it any easier!
For Polk County, TX in 2024, we just had our ballot requests rejected also with the stated reason that requests need to be sent within 60 days of the election and no earlier.
I can’t find such a statute in the Texas statutes – I wonder if Polk County is misinterpreting a statute or if this is another instance of Texas trying to make it more difficult to vote for some people.
https://statutes.capitol.texas.gov/Docs/EL/htm/EL.86.htm
For 2024 Texas voting, are we still using the Shepherd, Texas address?
Hi Darrell! Yes, we are. From the article: “Escapees Mail Service members who will be traveling outside of Polk County may have their ballots sent to the following address for a $5.00-per-ballot fee charged to their postage account to help defray the costs for this service.”
Your Name
c/o Escapees RV Club
PO Box 1578
Shepherd, TX 77371
Our family (me,husband,daughter) all submitted our Absentee Ballot registration request to SD months ago. We understand that because we are listed as Independent for party affiliation, that we would not be voting in the 2 party primary which is in September. We still would like to vote in the main general election in November. When I went onto the SD Secretary of State website today – I see NOTHING that indicates when or even IF they received our absentee voter registration requests. The date received field is still showing blank. We have been registered to vote in Pennington county SD for over 2 years. What happened to our absentee ballot registration? Something does not seem right.
Hi Lisa, we think it would be to your benefit to contact the Pennington County auditor’s office for answers. Here is a website of all of the county auditors in SD and their contact information. https://vip.sdsos.gov/CountyAuditors.aspx You are definitely on top of things and calling there sooner rather than later will likely give you plenty of time if you need to redo your application. Good luck!