This is our standard undertaking page. If you are a business please copy and paste this onto your headed paper. If you are an individual please put your name and address in the appropriate place.
To: The Directors
Chard (1964) Limited
521 Lytham Road
In consideration of your agreeing not to issue legal proceedings and/or apply for interim relief against me to restrain my acts of copyright infringement as referred to in our e-mails / correspondence dated DD MMM YYYY:
- acknowledge that:-
- copyright subsists in the photographic images of coins created by your employees referred to with our e-mails / correspondence dated DD MMM YYYY (the “Photographic Images”);
- I have no right or authority to reproduce the Photographic Images, or any photographic images created by you or on your behalf, without your express licence and authority;
- infringement of the above copyright is likely to cause you significant harm and damage which cannot be adequately remedied in damages.
- to immediately cease infringing the copyright in the Photographic Images and not to infringe the same again, whether now or in the future;
- not to infringe the copyright in any photographic images created by you or on your behalf in the future;
- to immediately withdraw from:
- any and all websites in my control; and/or
- any and all eBay listings in my name or in my control;
- destroy any leaflets, catalogues, or other stationery;
- cancel and withdraw any advertising;
any and all copies of the Photographic Images and any photographic images created by you or on your behalf;
- to disclose to you within 10 days from the date of these undertakings full details of:-
- the total number of coins sold by us by reference to your copyright work(s), the price of the same and our profit thereon;
- the name and contact details of all persons to whom we have supplied coins advertised by reference to your copyright work(s);
- any printed matter including leaflets, catalogues, or advertising.
- to provide the above information to you by way of a statutory declaration if requested by you within 10 days of any such request;
- upon the provision of the information above (whether by way of statutory declaration or otherwise) to enter into bona fide discussions with you as to the amount of compensation to be paid by us to you in respect of such sales and in respect of the infringement of your rights by us and to promptly pay such sum to you on agreement and in any event within 21 days of such agreement (including as appropriate a sum in respect of your legal fees).
Dated this DD MMM YYYY