This policy applies to any and all uses of LPM or LPS.
LPM and LPS are Intellectual Property (IP) of LEADing Practice ApS and are protected by copyright. Strict Limitations apply to the use and reuse of this IP.
“LEADing Practice Material” means all LEADing Practice material, including without limitation: information and material containing Reference Content, Enterprise Standards, Industry Standards, and all products, software, website, frameworks, methods, Trade Secrets, knowledge, ideas, approaches with associated descriptions, categorization, classification, semantics relationship, ontology, objects, meta objects, artefacts, maps, matrix and models, in whatever form or media they may be used (including print media, online media, books, articles, audiovisual works, blogs, wikis, or any other format or medium). LPM also includes all text, images, software, documentation, screenshots, web sites, photographs, video footage, etc. of LEADing Practice, in whatever media they may be used (including print media, online media, books, articles, audiovisual works, blogs, wikis, or any other format or medium) (collectively referred to as “LPM”).
“LEADing Practice Service” means all creation, customization, modification, implementation, application, supervision, communication, sharing or any other work, activity or service related to LPM (collectively referred to as “LPS”).
“Reference Content” means all materials and content descriptions, categorization and classification, including without limitation: semantic relationships, ontology, meta objects, maps, matrices and models to succeed and work across the business management and information technology disciplines as well as across projects and roles. “Reference Content” also includes all of the procedures and practices associated with and or related to the Reference Content.
“Enterprise Standards” means document rules and instructions that describe a repeatable sequence of procedures, practices and step-by-step activities that are required to be followed in order to achieve a desired result, including without limitation:
- Best Practices – what works well to improve and standardize the non-core capabilities with a focus on the cost model and operating model.
- Industry Practices – performance accelerators to improve competitive parity and standardize core competitive capabilities with a focus on the performance model and service model.
- Leading Practices – outperformer practices to define and strengthen competitive advantage, innovation and efficiency in the core differentiating capabilities with a focus on the revenue model and value model.
- Patterns of Success – a sequence of repeatable patterns that defines hyper growth and first mover organizations.
“Industry Standards” means all Standards that are tailored for and applicable to various industries. As with Enterprise Standards, Industry Standards include without limitation: document rules and instructions that describe a repeatable sequence of procedures, practices and step-by-step activities that are required to be followed in order to achieve a desired result.
“You” means any reader of this policy, any purchaser and/or user of LPM and/or LPS, including without limitation: any employee, member, director, officer, shareholder, board member, partner, representative or affiliate of aforementioned reader, purchaser or user of LPM and/or LPS. Anyone included in this definition shall be bound by the terms of this Policy and deemed to accept them.
“Release for Usage” means the complete or partial integration, implementation, addition and/or storage of any Reference Content into enterprise, business and other systems, as well as its global and/or widespread use.
LPM and LPS are protected by law, including, but not limited to, internationally recognized Canadian, United States and/or European Union law, as well as any other laws or statutes which may apply. Except as specifically indicated otherwise in writing, LEADing Practice ApS is the sole owner of the copyright in the LPM and LPS, and LEADing Practice ApS reserves all rights in that regard.
Use of LPM and LPS as authorized by Contract with LEADing Practice
Your usage of and access to LPM and/or LPS must be authorized by LEADing Practice. This authorization is done on a non-exclusive, one-time-only basis, subject to certain terms and conditions, and subject to the applicable pricing, all of which as determined by the Contract.
Third parties wishing to use LPM and/or LPS must obtain LEADing Practice’s permission to do so prior to exercising such use.
Covenants for Use
Unauthorized use or misuse of any LPM or LPS is expressly prohibited.
- LPM and all copies shall remain the exclusive property of LEADing Practice ApS at all times.
- You shall not reproduce, modify, copy, aggregate, distribute, transmit, display, publish, license or transfer any LPM and/or LPS.
- You shall not directly or indirectly attempt to reconstruct any LPM and/or LPS, whether fully or partially, in any way, shape or form through the use of company records, memory or other.
- You shall in no circumstances create derivative works of LPM and/or LPS or sell any information You gain access to through LEADing practice.
- You can only use the LPM and/or LPS without modification (except as may be necessary to resize or otherwise convert the LPM and/or LPS to a permitted format).
- You must include the copyright notice “©”. LEADing Practice, Source: A part of Enterprise Standard” and possibly indicate the LEADing Practice work product family, such as “Part of the LEAD Business Model Reference Content. All rights reserved.” [Note: You should insert the year as shown on the Materials that You are using].
- You may not use the LPM and/or LPS in any offensive manner or context, for example in a way that is defamatory, disparaging or libelous to, or otherwise presents false or misleading information regarding LEADing Practice or any other party, including their products or services; in conjunction with obscene or pornographic material; in a manner that suggests bias based on race, national origin, gender, sexual orientation, or religion; or in any manner that would be illegal under applicable law.
- You may not imply any LEADing Practice partner, sponsorship, affiliation or endorsement unless expressly permitted by written contract with LEADing Practice, such as a valid partnership, sponsorship, affiliation or endorsement contract. Any implication in absence of such a contract constitutes an infringement against the LEADing Practice Brand and its IP rights.
- You may not use the LPM and/or LPS for a purpose competitive with LEADing Practice or its products unless otherwise clearly permitted by applicable law.
- You may not use the LEADing Practice corporate logo.
- No use of other LEADing Practice trademarks is granted under this section.
If You use or receive any LPM or LPS, You agree with the Policies of LEADing Practice and are bound to keep the intellectual property of LEADing Practice confidential and secure. If You allow, whether actively or passively, the material to be released, reused, reproduced, modified, copied, reconstructed, aggregated, distributed, transmitted, displayed, published, licensed or transferred in any way, You will be held accountable for any breach which may occur. Following such a breach, You will be invoiced for the LPM or LPS, as well as any applicable “Release for Usage” fees, representation fees for a LEADing Practice Partnership, as well as any other fees or remedies which may be available to LEADing Practice, all of which may be found in our Pricing and Invoicing.
Deemed Acceptance of Pricing and Invoicing
Governing Law and Jurisdiction
This Policy is governed exclusively by, and is to be enforced, construed and interpreted exclusively in accordance with, the laws of Canada, or the laws of the Country in which a breach, dispute or action arises, at the discretion of LEADing Practice, and such laws shall be deemed to be the proper and applicable laws of the Policy. Each Party will submit to the exclusive jurisdiction of the appropriate Courts and all courts having appellate jurisdiction thereover, in any suit, action or other proceeding arising out of or relating to this Policy.
Each party waives and will not assert by way of motion as a defence or otherwise in any such action, any claim that:
- such party is not subject to the jurisdiction of such Court;
- such action is brought in an inconvenient forum;
- the venue of such action is improper; or
- any subject matter of such action may not be enforced in or by such Court;
and will not seek and hereby waives in any suit or action brought to obtain a judgment for the recognition or enforcement of any final judgment rendered in an action and review, other than by way of appeal, in any court of any other jurisdiction of or pertaining to the merits of any action, whether or not such party appears in or defends the action.
Severance of Terms
If any provision contained in this Policy is held by any competent authority to be invalid or unenforceable in whole or in part, it shall insofar as it is severable from the remainder of the Policy, be deemed to be omitted from the Policy and the validity of the other provisions contained in Policy and the remainder of the provision in question shall not be affected thereby.