I have a copy of the settlement agreement from XXXXX XXXXX Inc. Is this a legitimate agreement?COPYRIGHT
Owner’s Matter/Doe #:B4-268
THIS SETTLEMENT AGREEMENT (the “Agreement”) is entered into as of the 7th day of December 2011 (“Effective Date”), by and between XXXXX XXXXX, Inc., a “California Corporation”, (“Owner”) Mark Kummerer (the “Subscriber).
A. The Subscriber’s Internet Service Provider identified the Subscriber as being the owner of an IP address that Owner’s investigators identified as having been used to upload and download a copy of Owner’s copyrighted movie entitled Prison Girls (the “Work”).
B. The parties desire to enter into this Agreement and avoid litigation. NOW, THEREFORE, in consideration of the foregoing recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties enter into the following agreement.
1. Settlement Money. Subscriber shall pay Owner $2,500.00 (the “Settlement Money”). The Settlement Money shall be in the form of a certified check, money order or law firm check made payable to the “Settlement Trust Account” and delivered to Settlement Trust Account, 2 S. Biscayne Blvd., PH 3800, Miami, Florida 33131 on or before December 27, 2011. Time is of the essence.
2. Confidentiality – Non Admission. The terms of this Agreement shall be kept confidential. Notwithstanding the foregoing, in the event of any legal action or proceeding or asserted requirement under applicable law or government regulations requesting or demanding disclosure of this Agreement or the terms hereof, the recipient shall forthwith notify the other party in writing of such request so that the other party may seek an appropriate protective order or take other protective measures. If, in the absence of a protective order, the recipient believes it is compelled to disclose this Agreement or the terms hereof, the recipient may disclose this information without liability. This Agreement is the result of a compromise and shall not be construed as an admission by the Parties of any liability, wrongdoing, or responsibility on their part or on the part of their predecessors, successors, parents, subsidiaries, affiliates, attorneys, officers, directors or employees. Indeed, the parties expressly deny any such liability, wrongdoing or responsibility.
(a) Owner shall release acquit, satisfy and forever discharges the Subscriber and his, her or its officers, agents, shareholders, subsidiaries, affiliates, insurers, assigns and other representatives of and from all, and all manner of all charges, claims, actions, rights, demands, debts, obligations, damages or accountings of whatever nature, in law or in equity, based upon any actual, potential or attempted infringement of Owner’s exclusive rights to the Work occurring, if at all, on or prior to the Effective Date upon receipt in full of the Settlement Money. For the avoidance of doubt, this Agreement does not release the Subscriber from any liability the Subscriber may have for any infringement of Owner’s rights to the Work occurring at any time after the Effective Date or any infringement occurring at anytime of Owner’s rights in any other copyright protected work other than the Work. Should Subscriber fail to pay the full amount of the Settlement Money in a timely manner then each party acknowledges Owner has expressly reserved the right to proceed against Subscriber in a copyright infringement
suit asserting infringement prior to the Effective Date of the Work through which Owner seeks damages in excess of the balance then due for the Settlement Money.
(b) The Subscriber hereby releases, acquits, satisfies and forever discharges Owner and its officers, agents, shareholders, subsidiaries, affiliates, insurers, assigns and other representatives of and from all, and all manner of all charges, claims, actions, rights, demands, debts, obligations, damages or accountings of whatever nature, in law or in equity, based upon any events, claims, actions or inactions that occurred prior to the Effective Date.
4. Independent Counsel. Each party acknowledges that it has received independent legal advice from its counsel, or has had the opportunity to seek advice from counsel, with respect to the facts and this Agreement.
5. Legal Fees and Costs. Each party shall be responsible for paying its respective legal expenses and costs incurred in connection herewith and no moneys will be exchanged except as otherwise provided for herein. Should it become necessary for Owner to institute a legal action to collect any portion of the Settlement Money, or to recover upon a worthless check, Owner shall be entitled to recover from Subscriber Owner’s reasonable attorneys’ fees and costs associated with any such collection effort.
6. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the parties hereto and to thei