This License is only available to purchasers of the “Kirk Duncan Mastermind” or “Coach Fast Track” program.
This is a human-readable summary of (and not a substitute for) the license.
For all 3 Key Elements materials marked: “Licensed under 3KE Coach Materials 1.0.”
Purchasers of the “Kirk Duncan Mastermind” or “Coach Fast Track” programs are free to:
Adapt – remix, transform, and build upon the material for any purpose, even commercially.
Use – copy and provide the material (and your adaptations) to your coaching clients, in any medium or format, for their personal use only.
Under the following terms:
Attribution – You must give appropriate credit to 3 Key Elements, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests 3 Key Elements endorses you or your use. For example: “(c) 2022 Your Name – Adapted from 3 Key Elements and Licensed under 3KE Coach Materials 1.0”
No Public Sharing – the materials (and your adaptations) may not be shared to the public, used in advertising, social media, or distributed in any way the public may access without first becoming your client.
3 Key Elements Coach Materials 1.0
By exercising the Licensed Rights (defined below), You accept and agree to be bound by the terms and conditions of this 3 Key Elements Coach Materials 1.0 Copyright License (“Copyright License”). To the extent this Copyright License may be interpreted as a contract, 3 Key Elements, Inc. (the “Licensor”) grants You such rights in consideration of Your purchase of the “Kirk Duncan Mastermind” or “Coach Fast Track” program. You expressly acknowledge that You have read and understand this Copyright License in its entirety.
Section 1 – Definitions.
a. Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor. For purposes of this Copyright License, where the Licensed Material is a musical work, performance, or sound recording, Adapted Material is always produced where the Licensed Material is synched in timed relation with a moving image.
b. Copyright and Similar Rights means copyright and/or similar rights closely related to copyright including, without limitation, performance, broadcast, and sound recording rights, without regard to how the rights are labeled or categorized. For purposes of this Copyright License, the rights specified in Section 2(b)(1)-(2) are not Copyright and Similar Rights.
c. Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements.
d. Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.
e. Licensed Material means the artistic, literary work, or other material to which the Licensor applied this Copyright License.
f. Licensed Rights means the rights granted to You subject to the terms and conditions of this Copyright License, which are limited to all Copyright and Similar Rights that apply to Your use of the Licensed Material and that the Licensor has authority to license.
g. Licensor means the individual(s) or entity(ies) granting rights under this Copyright License.
h. Personal Use Only means use of the Materials for display on personal computers, or making physical copies for personal use. The Materials may not be publicly Shared or distributed in any way. The Materials may not be resold, relicensed, or sub-licensed. The Materials may not be used in Adapted Material without prior authorization.
i. Share means to provide material to the public by any means or process that requires permission under the Licensed Rights, such as reproduction, public display, public performance, distribution, dissemination, communication, or importation, and to make material available to the public including in ways that members of the public may access the material from a place and at a time individually chosen by them.
j. You means the individual or entity exercising the Licensed Rights under this Copyright License as the Licensee. Your has a corresponding meaning.
Section 2 – Scope.
a. License grant.
1. Subject to the terms and conditions of this Copyright License, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to:
A. Reproduce, but not publicly Share, the Licensed Material, in whole or in part;
B. produce and reproduce, but not publicly Share, Adapted Material; and
C. provide Licensed Material and Adapted Material to Your coaching clients, in any medium or format, for their Personal Use Only.
2. Exceptions and Limitations. For the avoidance of doubt, where Exceptions and Limitations apply to Your use, this Copyright License does not apply, and You do not need to comply with its terms and conditions.
3. Term. The term of this Copyright License is specified in Section 5(a).
4. Media and formats; technical modifications allowed. The Licensor authorizes You to exercise the Licensed Rights in all media and formats whether now known or hereafter created, and to make technical modifications necessary to do so. The Licensor waives and/or agrees not to assert any right or authority to forbid You from making technical modifications necessary to exercise the Licensed Rights, including technical modifications necessary to circumvent Effective Technological Measures. For purposes of this Copyright License, simply making modifications authorized by this Section 2(a)(4) never produces Adapted Material.
5. No endorsement. Nothing in this Copyright License constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Licensor or others designated to receive attribution as provided in Section 3(a)(1)(A)(i).
b. Other rights.
1. Moral rights, such as the right of integrity, are not licensed under this Copyright License, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, the Licensor waives and/or agrees not to assert any such rights held by the Licensor to the limited extent necessary to allow You to exercise the Licensed Rights, but not otherwise.
2. Patent and trademark rights are not licensed under this Copyright License.
3. To the extent possible, the Licensor waives any right to collect royalties from You for the exercise of the Licensed Rights, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme. In all other cases the Licensor expressly reserves any right to collect such royalties.
Section 3 – License Conditions.
Your exercise of the Licensed Rights is expressly made subject to the following conditions.
1. If You reproduce the Licensed Material (including in modified form as Adapted Materials), You must:
A. retain the following if it is supplied by the Licensor with the Licensed Material:
i. identification of the creator(s) of the Licensed Material and any others designated to receive attribution, in any reasonable manner requested by the Licensor (including by pseudonym if designated);
ii. a copyright notice;
iii. a notice that refers to this Copyright License;
B. indicate if You modified the Licensed Material and retain an indication of any previous modifications; and
C. indicate the Licensed Material is licensed under this Copyright License.
2. You may satisfy the conditions in Section 3(a)(1) in any reasonable manner based on the medium, means, and context in which You Share the Licensed Material. For example, it may be reasonable to satisfy the conditions by providing a URI or hyperlink to a resource that includes the required information.
3. If requested by the Licensor, You must remove any of the information required by Section 3(a)(1)(A) to the extent reasonably practicable.
Section 4 – Disclaimer of Warranties and Limitation of Liability.
a. Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers the Licensed Material as-is and as-available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You.
b. To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this Copyright License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You.
c. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.
Section 5 – Term and Termination.
a. This Copyright License applies for the term of the Copyright and Similar Rights licensed here. However, if You fail to comply with this Copyright License, then Your rights under this Copyright License terminate automatically.
b. Where Your right to use the Licensed Material has terminated under Section 5(a), it reinstates:
1. automatically as of the date the violation is cured, provided it is cured within 30 days of Your discovery of the violation; or
2. upon express reinstatement by the Licensor.
For the avoidance of doubt, this Section 5(b) does not affect any right the Licensor may have to seek remedies for Your violations of this Copyright License.
c. For the avoidance of doubt, the Licensor may also offer the Licensed Material under separate terms or conditions or stop distributing the Licensed Material at any time; however, doing so will not terminate this Copyright License.
d. Sections 1, 4, 5, 6, and 7 survive termination of this Copyright License.
Section 6 – Other Terms and Conditions.
a. The Licensor shall not be bound by any additional or different terms or conditions communicated by You unless expressly agreed.
b. Any arrangements, understandings, or agreements regarding the Licensed Material not stated herein are separate from and independent of the terms and conditions of this Copyright License.
Section 7 – Interpretation.
a. For the avoidance of doubt, this Copyright License does not, and shall not be interpreted to, reduce, limit, restrict, or impose conditions on any use of the Licensed Material that could lawfully be made without permission under this Copyright License.
b. To the extent possible, if any provision of this Copyright License is deemed unenforceable, it shall be automatically reformed to the minimum extent necessary to make it enforceable. If the provision cannot be reformed, it shall be severed from this Copyright License without affecting the enforceability of the remaining terms and conditions.
c. No term or condition of this Copyright License will be waived and no failure to comply consented to unless expressly agreed to by the Licensor.
d. Nothing in this Copyright License constitutes or may be interpreted as a limitation upon, or waiver of, any privileges and immunities that apply to the Licensor or You, including from the legal processes of any jurisdiction or authority.