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13 April 2000:
CST Legal Papers 06 Covenant, Advanced Technology
Date: 13 Apr 2000 08:36:35 -0000 From: Anonymous-Remailer@See.Comment.Header (Legal Archives) Subject: CST Legal Papers 06 Covenant, Advanced Technology Newsgroups: alt.religion.scientology Message-ID: <386EE780692@127.0.0.1> NOTES: 1. This is a "Covenant" (agreement; broadest usage: contract) between Norman F. Starkey and the corporation known as "Religious Technology Center" (RTC) granting RTC the exclusive license to USE and SUBLICENSE the Advanced Technology outside of the United States and its territories and possessions. "License," in Black's Law Dictionary, is defined as "the permission by competent authority to do an act which, without such permission, would be illegal, a trespass, or a tort [civil violation]." 2. This Covenant only grants a LICENSE for the use of the Advanced Technology in certain specific ways. It DOES NOT convey or transfer ANY of the copyrights to the Advanced Technology, and specifically states that in the Covenant. See section 7(a) of this Covenant. 3. The date of this Covenant is 30 November 1988. 4. On 29 November 1993, this Covenant was transferred completely by Starkey to the CORPORATION known as "Church of Spiritual Technology" (CST) in a document entitled "ASSIGNMENT AND ASSUMPTION (RTC)" (see "CST Legal Papers 09 Assignment and Assumption"), and which made CST the successor to Starkey/the Estate. Therefore, wherever this Covenant refers to "the Estate," and any "successor of the Estate," the designation "[CST]" has been added to this document to indicate CST's current ownership of this licensing Covenant and CST's role. 5. CST is NOT a church; it is a CORPORATION. Ref. U.S. Claims Court No. 581-88T, Judge Bruggink: "CST is not a church...CST represents that it is a religious corporation organized to accomplish the activities of a church. Despite its name, CST is not itself a church... ." Here is the document, plus three attachments--Exhibit 1, Exhibit 2, and Exhibit 3: ---------------------------------------------------------------------- ADVANCED TECHNOLOGY COVENANT - ESTATE[CST]/RTC THIS COVENANT, effective this 30 day of November 1988, is hereby executed by and between NORMAN F. STARKEY, as Executor of the Will of L. Ron Hubbard, doing business as L. Ron Hubbard Library (hereinafter referred to as "the Estate" [CST]), and RELIGIOUS TECHNOLOGY CENTER, a California non-profit religious corporation (hereinafter referred to as "RTC"). RECITALS A. L. Ron Hubbard was the founder of the religion of Scientology, which is based on a body of thruths, and the technology for applying them, that was discovered, described, and refined by L. Ron Hubbard through forty years of research and study, and is contained in the writings and recorded spoken words of L. Ron Hubbard relating to the religion of Scientology and the organizations formed to disseminate the religion of Scientology. Such writings and recorded spoken words of L. Ron Hubbard are hereinafter referred to as the "Scientology Scriptures." The Scientology Scriptures are the sole source of all the doctrines, tenets, sacrements, rituals and policies of the religion of Scientology. B. L. Ron Hubbard published much of the Scientology Scriptures for the use and benefit of mankind through the religion and organizations of Scientology. The portion of the Scientology Scriptures that constitutes the upper levels of spiritual awareness of the religion is called the religion's "Advanced Technology." The Advanced Technology is a substantial body of copyrighted unpublished written information that has been protected and maintained as highly confidential property, and that is to be made available only to Scientology organizations that qualify to deliver the Advanced Technology (referred to herein as the "Advanced Scientology Organizations"). C. The Advanced Technology is the most sacred part of the Scientology Scriptures and is maintained and used in strict accordance with Scientology Scriptural requirements. These Scriptural requirements ensure the sanctity of the Advanced Technology and the orthodox and ethical practice of the Scientology faith for all time. D. A fundamental doctrine of the religion of Scientology is that the Advanced Technology can be grasped and utilized only by Scientologists who, through processing, have attained an appropriate preclear or pre-OT grade on the Scientology Classification, Gradation and Awareness Chart, as described in the particular level of Advanced Technology. Under this doctrine, revelation of Advanced Technology to one who has not attained the appropriate preclear or pre-OT grade risks spiritual harm. E. Orthodox and ethical Scientology religious practice therefore requires that Advanced Technology be used without alteration and consistent with the Scriptures, that the confidentiality of Advanced Technology be absolutely maintained, and that Advanced Technology be revealed only to Scientologists who have advanced to the appropriate level of spiritual awareness. F. RTC was formed by Scientologists, with the approval of L. Ron Hubbard, for the exclusive purpose of protecting the religion of Scientology by ensuring that Scientology religious services are orthodox and comport with all Scriptual requirements. RTC accomplishes its religious purpose by authorizing and supervising the use of Scientology religious trademarks by the Church of Scientology International, the Mother Church of the Scientology faith, and by authorizing and supervising the use of Advanced Technology bu Advanced Scientology Organizations. G. L. Ron Hubbard died on January 24, 1986 and Norman F. Starkey was, on February 16, 1986, duly appointed the Executor of the Will of L. Ron Hubbard by the Superior Court in and for the County of San Luis Obispo, California, Case No. 20885. Case No. 20885 remains pending as of the date of execution of this Covenant, and therefore the Estate [CST] currently owns all rights in the Advanced Technology that were owned by L. Ron Hubbard at the time of his death and has the right to control the use of such Advanced Technology. The Estate [CST] is now prepared to grant authority to RTC to protect and control the utilization of the Advanced Technology throughout the world in accordance with Scientology Scriptural requirements. H. It is the purpose of this Covenant to authorize the orthodox and ethical use of the Advanced Technology identified in Exhibits 1 and 2 attached hereto throughout the world, excluding the United States and its territories and possessions (hereinafter referred to as the "Territory"), and to enable RTC to permit Advanced Scientology Organizations to utilize the Advanced Technology in the Territory in accordance with the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual convenants and conditions contained herein, the Estate [CST] and RTC covenant as follows: 1. Recitals. The Recitals set forth in paragraphs A through H above are made a part of this Covenant. 2. Grant of Authority. The Estate [CST] hereby grants to RTC the exclusive authority to: (a) permit Advanced Scientology Organizations in the Territory as RTC may select: (i) to use the Advanced Technology identified in Exhibit 1 attached hereto for the purpose of processing preclears and pre-OTs in the Advanced Technology; and (ii) use the Advanced Technology identified in Exhibit 2 attached hereto in the Territory to train persons for the purpose of processing preclears and pre-OTs in the Advanced Technology; (b) make such copies of the Advanced Technology as are required to comply with covenants between RTC and Advanced Scientology Organizations, and to distribute such copies to Advanced Scientology Organizations in accordance with the limitations set forth in Paragraph 3 of this Covenant, but RTC may not permit any third parties to copy or distribute the Advanced Technology; and (c) protect and enforce all rights in the Advanced Technology in the Territory, including copyright rights and trade secret rights, and to collect damages for any past, present, or future infringement or misappropriation of such rights by third parties. 3. Limitations. RTC shall use the Advanced Technology, and shall ensure that it is used by Advanced Scientology Organizations, without alteration and strictly in accordance with the Scientology Scriptures, particularly with that portion of the Scientology Scriptures known as the Scientology systems of ethics and justice and its related administrative policies. 4. Distribution of Contributions. (a) RTC shall not be required to make any monetary payments to the Estate [CST] for the grant of authority set forth in paragraph 2 of this Covenant. (b) It is understood and agreed that RTC will establish appropriate rates of contribution for the use of the Advanced Technology by Advanced Scientology Organization as a way to provide financial support for RTC's religious activities and for the dissemination and growth of the religion of Scientology. (c) RTC shall apply to religious and charitable purposes, other than the support of RTC and its operations, at least ninety percent (90%) of the total contributions that RTC receives from authorizing the Advanced Scientology Organizations to use the Advanced Technology. Such religious and charitable purposes shall be determined by the Directors of RTC, and must be either consistent with the purposes of the religion of Scientology according to the Scientology Scriptures, or for the general purpose of advancing the moral and ethical level of mankind. Without limiting the generality of the foregoing, acceptable purposes for the uses of such contributions shall be: (1) establishing and maintaining an indestructible record of the Scientology Scriptures; (2) establishing and maintaining a museum of the religion of Scientology; (3) establishing religious schools, scholarships and retreats; (4) supporting other qualified organizations of the religion of Scientology; and (5) publishing, disseminating and promoting literature that is not part of the Scientology Scriptures but which, in the judgment of the Directors of RTC, is in concert with the broad goals of Scientology and is worthy of support for the general benefit of mankind. (d) RTC may retain for the purposes of paying RTC's operating and overhead expenses up to ten percent (10%) of the total contributions received by RTC from authorizing the Advanced Scientology Organizations to use the Advanced Technology. 5. Term and Termination. (a) The term of this Covenant shall be perpetual, subject to the provisions of paragraphs 5(b) through 5(d) below. (b) This Covenant is subject to termination at any time by any successor of the Estate [CST] to the rights in the Advanced Technology. Any continuation of this Covenant after such a succession will be at the will of the Estate's successor. [NOTE: Successor of the estate is the corporation known as "Church of Spiritual Technology" (CST), who now has the right to continue this Covenant or not.] (c) The Estate [CST] retains the right to terminate this Covenant at any time if it determines, in its sole and absolute discretion, that RTC has failed to preserve and maintain the confidentiality, purity, and ethical use of the Advanced Technology in accordance with the Scientology Scriptures and the Scientology system of ethics and justice, or that RTC in any way has placed the Advanced Technology in danger of appropriation by any entity that is outside of or hostile to the religion of Scientology, or that RTC has permitted and is permitting use of the Advanced Technology in any way that is contrary to the Scientology Scriptures or the Scientology system of ethics and justice or seriously damages the religion of Scientology. (d) On termination of this Covenant for any reason, RTC shall immediately cease all use of the Advanced Technology, shall promptly account to the Estate [CST] for each physical copy of the Advanced Technology, and shall transfer all such copies within RTC's possession, custody, or control to the Estate [CST] or to the Estate's successor [NOTE: CST became the Estate's successor], or to the designee of the Estate [CST] or the Estate's successor [CST became the Estate's successor]. 6. Indemnification. (a) RTC acknowledges the full responsibility of RTC and the Advanced Scientology Organizations for the ethical and proper use and delivery of the Advanced Technology according to the Scientology Scriptures, and agrees that it will make no claim that the Estate [CST] is responsible for the content or delivery of the Advanced Technology. RTC hereby indemnifies and waives any claim against the Estate [CST] or its agents, employees, representatives or successors [CST became the Estate's successor], and agrees to hold them harmless from all costs, liabilities, and claims of any kind that arise from or relate to the use or misuse of the Advanced Technology by RTC or the Advanced Scientology Organizations. All such claims shall be defended at the expense of RTC. (b) The writings of L. Ron Hubbard are a record of research and observation by him into the nature of the human mind and spirit. These writings contain a spiritual and religious guide intended to assist persons to become more aware of themselves as spiritual beings, restoring respect for self and others, and not for treating or diagnosing human ailments of body or mind, nor for engaging in teaching or practicing medical arts or sciences. The Estate [CST] makes no claim that the nature or purpose of the Advanced Technology exceeds this description of Scientology or that the application of the Advanced Technology will have any particular effect on any particular parishioner. (c) RTC shall include the disclaimer set forth in paragraph 7(b) above in all agreements with Advanced Scientology Organizations relating to the Advanced Technology and shall require the Advanced Scientology Organizations to obtain from all persons to whom the Advanced Technology is to be delivered a waiver identical to the waiver set forth in Exhibit 3 attached hereto. 7. Title and Copyrights. (a) RTC acknowledges that all copyright rights covering the Advanced Technology are retained and owned exclusively by the Estate [CST]. 8. Protection and Enforcement of Rights. (a) RTC shall initiate suits against any third party who infringes RTC's rights granted under this Covenant if the opinion of RTC's counsel is that such infringement should be enforced. The conduct of such lawsuits initiated by RTC shall be within the sole control of RTC, who shall vigorously prosecute such suits. However, the Estate [CST] may at its option and its own expense (1) participate in such suits in an advisory capacity, (2) be joined in such suit as a party, or (3) initiate suit on its own behalf. (b) RTC shall pay all legal expenses incurred in connection with the conduct of litigation hereunder that it institutes and shall be entitled to retain any award or damages received pursuant to such litigation. To the extent that the Estate [CST] participates in such suits, any award in damages received shall be divided between the Estate [CST] and RTC in proportion to their share of expenses incurred in connection with such litigation. 9. Assignability. This Covenant shall be considered personal to RTC, and RTC may not assign any of its rights or duties under this Covenant. IN WITNESS WHEREOF, and intending to be legally bound, duly authorized representatives of RTC have executed this Covenant below. Date: November 30, 1988 By [signature] _________________________________ NORMAN F. STARKEY As Executor of the Will of L. Ron Hubbard RELIGIOUS TECHNOLOGY CENTER Date: Dec 15, 1988 By [signature] _________________________________ Name: Warren McShane Title: Secretary ------------------------------------------------------------------ Exhibit 1 PRECLEAR/PRE-OT PROCESSING LEVELS GRADE/LEVEL MATERIALS/STATE ATTAINED Grade V & VA Release The Power and Power Plus Processes (Power Release) Grade VI Release R6 End Words (Whole Track Release) Clear Clearing Course OT I Section One Operating Thetan OT II Section Two Operating Thetan OT III Section Three Operating Thetan New OT IV Operating Thetan Drug Rundown Completion New OT V Audited New Era Dianetics for Operating Thetans New OT V1 Hubbard Solo New Era Dianetics for Operating Thetans Auditing Course New OT VII Solo New Era Dianetics for Operating Thetans Completion New OT VIII Truth Revealed New OT IX Character New OT X Operating New OT XI Future L - 10 List 10 L - 11 New Life Rundown L - 12 Flag OT Executive Rundown OT Review Auditing ------------------------------------------------------------------ Exhibit 2 AUDITOR TRAINING CLASS/DESCRIPTION CERTIFICATE/FORMAL NAME Class VII Auditor Hubbard Graduate Auditor Class VII Case Supervisor Hubbard Graduate Case Supervisor Class VIII Auditor Hubbard Standard (Confid. Section) Technical Specialist Solo Case Supervisor Hubbard Solo Case Supervisor Class X Auditor Class X Auditor Class X Case Supervisor Class X Case Supervisor Class XI Auditor Class XI Auditor Class XII Auditor Class XII Auditor Class XII Case Supervisor Class XII Case Supervisor NED for OT's Auditor Hubbard Advanced Courses Specialist NED for OT's Case Supervisor Hubbard Advanced Courses Specialist Case Supervisor Confidential Section of the Solo Auditor Course (R6EW Materials) Senior NCT's Course New Vitality Rundown Auditor's Course New Vitality Rundown Case Supervisor Course ------------------------------------------------------------------ Exhibit 3 Waiver 1. The undersigned hereby acknowledges that: a. The writings of L. Ron Hubbard ("LRH") are a record of observation and research by him into the nature of the human mind and spirit. These writings contain a spiritual and religious guide intended to assist persons to become more aware of themselves as spiritual beings, restoring respect for self and others, and not for treating or diagnosing human ailments of body or mind, nor for engaging in teaching or practising medical arts or sciences. L. Ron Hubbard and his Estate [CST], RELIGIOUS TECHNOLOGY CENTER ("RTC"), and (Advanced Scientology Organization) make no claim that the nature or purpose of the Advanced Technology exceeds this description of Scientology or that the application of the Advanced Technology will have any particular effect on any particular parishioner. b. The undersigned relies on (Advanced Scientology Organization) alone, without the participation of any other person or entity, for the ethical and proper delivery of the Advanced Technology according to the Scriptures. c. The undersigned hereby waives any claims against L. Ron Hubbard and his Estate [CST], RTC, (Advanced Scientology Organization) and the agents, employees, representatives, predecessors, successorts, assigns, and affiliates of any of them, which is inconsistent with the preceding paragraph, and will hold them harmless from any related or resulting cost or liability, including attorneys' fees. Dated: ________________________ ____________________________ |