SUMMARY:  You will find below a comprehensive Patent Use Agreement (PUA) designed to protect the rights associated with U.S. Patent No. 12,056,439 B2 (hereinafter referred to as “ELLA”) as deployed on the haiku.institute website (hereinafter referred to as “HI”). This PUA is intended to govern the use of ELLA by all visitors and users of HI (hereinafter referred to as “Users”). This document incorporates the binding arbitration clause from HI’s general Terms of Service and emphasizes User responsibility for damages arising from their use of HI, ELLA, and any violation of this PUA.

Patent Use Agreement (PUA) for Haiku.Institute (HI) Regarding U.S. Patent No. 12,056,439 B2 (ELLA)

Effective Date: January 1, 2025

1. Introduction and Acceptance of Terms

Welcome to haiku.institute (HI). This Patent Use Agreement (PUA) governs your access to and use of the patented technology known as ELLA (extensible linguistic longitudinal adjuster), covered by United States Patent No. 12,056,439 B2, as implemented and made available on the HI website. By accessing, browsing, or using any feature of HI that utilizes ELLA, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this PUA. If you do not agree to these terms, you are prohibited from accessing or using any portion of HI.

HI is the sole and exclusive licensee of all rights, title, and interest in and to the ELLA patent, including but not limited to the exclusive rights to make, use, sell, offer for sale, and import inventions claimed in the patent. The deployment of ELLA on HI allows Users to create poetry, including freeform and haiku, with the electronic provision for adjusting the syllabic count of each line. This functionality is directly protected by the ELLA patent.

2. Definitions

For the purposes of this PUA, the following definitions shall apply:

• HI: Refers to the website haiku.institute, including all its content, features, and functionalities.
• ELLA: Refers specifically to the patented technology described and claimed in United States Patent No. 12,056,439 B2, which covers the extensible linguistic longitudinal adjuster for the creation of poetry in the field of freeform and haiku interchangeably and electronically providing for the adjustment of the syllabic count of each.
• User: Refers to any individual or entity that accesses, browses, or uses any part of HI, particularly those features that utilize ELLA.
• Content: Refers to any text, data, information, software, graphics, audio, video, or other materials transmitted, uploaded, posted, emailed, or otherwise made available through HI by Users or HI itself.
• Patent Rights: Refers to all rights associated with the ELLA patent, including but not limited to the exclusive rights to make, use, sell, offer for sale, and import inventions claimed in the patent, and the right to exclude others from doing so.
• Use of ELLA: Refers to any interaction with the features and functionalities on HI that directly implement the technology claimed in the ELLA patent, including but not limited to the creation, modification, and adjustment of poetry with electronic syllabic count adjustment.

3. Grant of Limited License

Subject to your strict compliance with all terms and conditions of this PUA, HI grants you a limited, non-exclusive, non-transferable, revocable license to access and use the ELLA functionality solely for your personal, non-commercial purposes on the HI website. This license specifically permits you to utilize the ELLA tools to create, modify, and adjust poetry within the HI platform.

4. Prohibited Uses and Restrictions

The limited license granted herein expressly prohibits any use of ELLA beyond the explicitly permitted activities within the HI platform for personal, non-commercial purposes. You specifically agree not to:

• Reverse Engineer or Attempt to Circumvent: Attempt to reverse engineer, decompile, disassemble, or otherwise attempt to discover the underlying source code, algorithms, or inventive principles of ELLA. You shall not attempt to circumvent any technological measures implemented by HI to protect ELLA and its associated Patent Rights.
• Commercial Exploitation: Use ELLA, or its functions, for any commercial purpose whatsoever, including but not limited to selling, licensing, sublicensing, distributing, or otherwise commercially exploiting any poetry or other content created using ELLA, or the functionality of ELLA itself, without the express prior written consent of HI. This prohibition extends to using ELLA to create content for commercial websites, publications, or any other for-profit ventures.
• Reproduction and Distribution: Reproduce, duplicate, copy, modify, adapt, translate, create derivative works from, distribute, transmit, publicly display, publicly perform, license, sublicense, sell, resell, or otherwise exploit ELLA or any portion thereof, except as expressly permitted within the HI platform for personal use.
• Infringement of Patent Rights: Engage in any activity that would constitute an infringement of the Patent Rights associated with ELLA, including but not limited to making, using, selling, offering for sale, or importing any technology that infringes upon the claims of U.S. Patent No. 12,056,439 B2 outside the authorized use within the HI platform.
• Development of Competing Technology: Use ELLA as a basis for developing, directly or indirectly, any technology or product that competes with or is substantially similar to ELLA or the functionalities offered on HI.
• Unauthorized Access: Access or attempt to access any portion of HI or the systems underlying ELLA that you are not explicitly authorized to access.
• Violation of Laws: Use ELLA or HI in any manner that violates any applicable federal, state, local, or international law or regulation.
• Interference with HI: Take any action that imposes an unreasonable or disproportionately large load on HI’s infrastructure, or that could damage, disable, overburden, or impair HI or interfere with any other party’s use and enjoyment of HI.

5. User-Generated Content

Any poetry or other content created by you using ELLA on HI remains your intellectual property to the extent permitted by law and subject to HI’s general Terms of Service regarding user-generated content. However, you acknowledge and agree that your use of ELLA to create such content does not grant you any rights whatsoever in or to the ELLA patent itself. HI retains all ownership and rights in and to ELLA.

By using ELLA to create content on HI, you represent and warrant that your content does not infringe upon the intellectual property rights of any third party. You grant HI a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable, and transferable license to use, reproduce, distribute, display, and perform your content as necessary to operate and provide the HI services, as further detailed in HI’s general Terms of Service.

6. Disclaimer of Warranties

HI provides ELLA on an “as is” and “as available” basis. HI makes no warranties, express or implied, regarding the operation of ELLA or its suitability for any particular purpose. To the fullest extent permitted by applicable law, HI disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and freedom from errors or defects. HI does not warrant that ELLA will be uninterrupted or error-free.  

7. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall HI, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages (including, without limitation, damages for loss of profits, data, use, goodwill, or other intangible losses) arising out of or relating to your access to or use of, or your inability to access or use, ELLA or HI, or any content therein, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not HI has been informed of the possibility of such damage. HI’s total liability to you for all claims arising out of or relating to this PUA or your use of ELLA shall not exceed the amount, if any, paid by you to HI for the use of HI.  

8. Indemnification

You agree to indemnify, defend, and hold harmless HI, its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your breach of this PUA; (b) your use of ELLA or HI; (c) your User Content; (d) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (e) any claim that your use of ELLA outside the scope of the limited license granted herein infringes upon the ELLA patent or any other intellectual property right.  

9. Binding Arbitration

Any and all disputes, controversies, or claims arising out of or relating to this PUA, or the breach, termination, or validity thereof, or your use of ELLA or HI, shall be exclusively and finally resolved by binding arbitration as set forth in detail in our Terms of Service.  

10. Responsibility for Damages

You acknowledge and agree that your use of HI, ELLA, and any violation of this PUA may cause damage to HI, including but not limited to financial losses, damage to reputation, and legal costs. You agree that you are solely responsible for any and all such damages incurred by HI as a direct or indirect result of your unauthorized or improper use of HI, ELLA, or your breach of this PUA. HI reserves the right to pursue all available legal and equitable remedies through arbitral enforcement to recover such damages.

11. Termination

HI reserves the right, in its sole discretion, to suspend or terminate your access to all or any part of HI, including the ELLA functionality, at any time, with or without notice, for any reason or no reason, including but not limited to your breach of this PUA. Upon termination, your right to use ELLA will immediately cease. The provisions of this PUA shall survive any termination of this PUA.

12. Governing Law and Jurisdiction

This PUA shall be governed by and construed in accordance with the laws of the State of Wyoming without regard to its conflict of law principles. To the extent that any legal action is permitted notwithstanding the binding arbitration clause herein, you agree that the state and federal courts located in Wyoming shall have exclusive jurisdiction to hear and determine any such disputes. You hereby consent to the personal jurisdiction of such courts and waive any objections to venue in such courts.

13. Entire Agreement

This PUA constitutes the entire agreement between you and HI concerning the use of the ELLA patent on the HI website and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and HI with respect to the subject matter hereof.   

14. Severability

If any provision of this PUA is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.  

15. Waiver

No waiver of any provision of this PUA shall be effective unless in writing and signed by HI. No failure or delay by HI in exercising any right, power, or remedy under this PUA shall operate as a waiver of such right, power, or remedy, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy.  

16. Modifications to this PUA

HI reserves the right to modify or amend this PUA at any time in its sole discretion. Any changes will be effective immediately upon posting the revised PUA on the HI website. Your continued use of ELLA after the posting of any revised PUA constitutes your acceptance of such changes. It is your responsibility to review this PUA periodically for any updates or modifications.

By using the ELLA functionality on HI, you signify your understanding of and agreement to be bound by this Patent Use Agreement. If you do not agree to these terms, you must not use the ELLA features of the HI website.