@nbiish/cognitive-tools-mcp 0.6.2 → 0.7.1

This diff represents the content of publicly available package versions that have been released to one of the supported registries. The information contained in this diff is provided for informational purposes only and reflects changes between package versions as they appear in their respective public registries.
Files changed (4) hide show
  1. package/LICENSE +565 -88
  2. package/README.md +25 -4
  3. package/build/index.js +78 -63
  4. package/package.json +3 -3
package/LICENSE CHANGED
@@ -1,9 +1,9 @@
1
- Copyright © 2025 ᓂᐲᔥ ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Nbiish Waabanimikii-Kinawaabakizi), also known legally as JUSTIN PAUL KENWABIKISE, professionally documented as Nbiish-Justin Paul Kenwabikise, Anishinaabek Dodem (Anishinaabe Clan): Animikii (Thunder), an enrolled member of the sovereign Grand Traverse Band of Ottawa and Chippewa Indians. All rights reserved.
1
+ Copyright © 2025 ᓂᐲᔥ ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Nbiish Waabanimikii-Kinawaabakizi), also known legally as JUSTIN PAUL KENWABIKISE, professionally documented as Nbiish-Justin Paul Kenwabikise, Anishinaabek Dodem (Anishinaabe Clan): Animikii (Thunder), a descendant of Chief ᑭᓇᐙᐸᑭᓯ (Kinwaabakizi) of the Beaver Island Band, and an enrolled member of the sovereign Grand Traverse Band of Ottawa and Chippewa Indians. All rights reserved.
2
2
 
3
3
  COMPREHENSIVE RESTRICTED USE LICENSE FOR INDIGENOUS CREATIONS WITH TRIBAL SOVEREIGNTY, DATA SOVEREIGNTY, AND WEALTH RECLAMATION PROTECTIONS
4
4
 
5
5
  **PREAMBLE**
6
- This Work (defined below) is created, held, or stewarded by ᓂᐲᔥ ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Nbiish Waabanimikii-Kinawaabakizi), also known legally as JUSTIN PAUL KENWABIKISE, professionally documented as Nbiish-Justin Paul Kenwabikise, Anishinaabek Dodem (Anishinaabe Clan): Animikii (Thunder), a member of the Grand Traverse Band of Ottawa and Chippewa Indians (GTBOCI), a federally recognized sovereign tribal nation (hereafter referred to as the "Rights Holder"). This license is grounded in the inherent sovereignty of Indigenous peoples to protect, control, and govern the use of their intellectual property, cultural heritage, traditional knowledge (TK), traditional cultural expressions (TCEs), and associated data (Indigenous Data Sovereignty). The unique status of tribal sovereign nations provides legal and cultural protections extending beyond standard intellectual property law regimes. This license aims to facilitate respectful engagement while upholding Tribal sovereignty, cultural integrity, data governance rights, and ensuring equitable benefit sharing as a mechanism for reclaiming value derived from Indigenous knowledge and heritage often subject to historical extraction.
6
+ This Work (defined below) is created, held, or stewarded by ᓂᐲᔥ ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Nbiish Waabanimikii-Kinawaabakizi), also known legally as JUSTIN PAUL KENWABIKISE, professionally documented as Nbiish-Justin Paul Kenwabikise, Anishinaabek Dodem (Anishinaabe Clan): Animikii (Thunder), a descendant of Chief ᑭᓇᐙᐸᑭᓯ (Kinwaabakizi) of the Beaver Island Band, and a member of the Grand Traverse Band of Ottawa and Chippewa Indians (GTBOCI), a federally recognized sovereign tribal nation (hereafter referred to as the "Rights Holder"). The Beaver Island Band community, historically centered on ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda / Beaver Island), suffered profound disruption and diaspora due to violent displacement, targeted persecution for their language, ceremonies, and faith, and starvation imposed by settler-colonial authorities and expansion. This forced dispersal resulted in descendants becoming affiliated primarily with the Little Traverse Bay Bands of Odawa Indians (LTBB) and the Grand Traverse Band of Ottawa and Chippewa Indians (GTBOCI), while many others were forced to seek refuge within First Nations communities in Canada (such as the Osawanimikii family). This license acknowledges this history and the interconnectedness of these descendant communities. This license is grounded in the inherent sovereignty of Indigenous peoples to protect, control, and govern the use of their intellectual property, cultural heritage, traditional knowledge (TK), traditional cultural expressions (TCEs), and associated data (Indigenous Data Sovereignty). The unique status of tribal sovereign nations provides legal and cultural protections extending beyond standard intellectual property law regimes. This license aims to facilitate respectful engagement while upholding Tribal sovereignty, cultural integrity, data governance rights, and ensuring equitable benefit sharing as a mechanism for reclaiming value derived from Indigenous knowledge and heritage often subject to historical extraction.
7
7
 
8
8
  This license applies to 'the Work.' 'The Work' primarily encompasses the Indigenous creations contained directly **within this repository**, including software, digital materials, cultural expressions, tangible heritage, and knowledge systems. **Furthermore, 'the Work' explicitly includes any other creations by the Rights Holder (such as presentations, publications, or artworks) that are either (a) directly published as files within this repository or (b) explicitly identified elsewhere within this repository (e.g., in the README file) as being governed by this specific license instance.** It expressly integrates and asserts rights based upon principles from Traditional Knowledge (TK) Labels and Protocols, federal Indian law, the laws and customs of the Grand Traverse Band of Ottawa and Chippewa Indians, Indigenous Data Sovereignty principles, and international indigenous rights frameworks, including the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
9
9
 
@@ -19,17 +19,24 @@ This license applies to 'the Work.' 'The Work' primarily encompasses the Indigen
19
19
  c) **"Derivative Work":** A work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a "derivative work". For the purposes of this license, this also explicitly includes datasets derived or extracted from the Work, software incorporating code or concepts from the Work, and AI models trained using the Work.
20
20
  d) **"Indigenous Data Sovereignty":** The inherent right of Indigenous peoples to govern the collection, ownership, access, analysis, interpretation, management, storage, dissemination, and reuse of data pertaining to them, their lands, resources, cultures, knowledge systems, or any information derived therefrom. This includes the right to determine how data is used, who benefits from it, and to ensure data practices align with Indigenous values and protocols.
21
21
  e) **"Prior Informed Consent (PIC)":** A formal, documented agreement obtained from the Rights Holder (and potentially GTBOCI authorities, as specified) *before* any proposed use of the Work commences that falls outside the narrowly defined Permissible Uses or falls under Prohibited Uses for which an exception is sought. PIC requires full disclosure of the intended use, adherence to specified conditions, and is subject to revocation. (See Section 7).
22
- f) **"Rights Holder":** Refers to ᓂᐲᔥ ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Nbiish Waabanimikii-Kinawaabakizi), also known legally as JUSTIN PAUL KENWABIKISE, professionally documented as Nbiish-Justin Paul Kenwabikise, Anishinaabek Dodem (Anishinaabe Clan): Animikii (Thunder), an enrolled member of the sovereign Grand Traverse Band of Ottawa and Chippewa Indians.
22
+ f) **"Rights Holder":** Refers to ᓂᐲᔥ ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Nbiish Waabanimikii-Kinawaabakizi), also known legally as JUSTIN PAUL KENWABIKISE, professionally documented as Nbiish-Justin Paul Kenwabikise, Anishinaabek Dodem (Anishinaabe Clan): Animikii (Thunder), a descendant of Chief ᑭᓇᐙᐸᑭᓯ (Kinwaabakizi) of the Beaver Island Band (whose community faced violent dispersal resulting in descendants affiliating with LTBB, GTBOCI, and First Nations in Canada, as detailed in the Preamble), and an enrolled member of the sovereign Grand Traverse Band of Ottawa and Chippewa Indians.
23
23
  g) **"Traditional Cultural Expressions (TCEs)":** Any forms, whether tangible or intangible, in which traditional culture and knowledge are expressed, appear, or are manifested. Examples include music, dance, songs, ceremonies, symbols, designs, narratives, poetry, languages, performances, rituals, crafts, architecture, and traditional artistic forms.
24
24
  h) **"Traditional Knowledge (TK)":** The knowledge, innovations, and practices of Indigenous and local communities around the world. Developed from experience gained over centuries and adapted to the local culture and environment, TK is transmitted orally from generation to generation. It encompasses spiritual, cultural, environmental, and practical knowledge integral to the identity and survival of Indigenous peoples.
25
25
  i) **"Work":** The specific Indigenous creations governed by this license, as defined in the Preamble.
26
-
26
+ j) **"Inalienable Rights":** The fundamental, intrinsic, and perpetual rights of the Rights Holder over the Work, including all associated intellectual property, Traditional Knowledge, Traditional Cultural Expressions, cultural heritage, and Indigenous Data embedded therein, which by their inherent nature and as expressly established in this license, cannot be sold, permanently transferred, assigned, alienated, waived, surrendered, or otherwise permanently divested from the Rights Holder or successor authorities. These rights encompass both Western intellectual property rights (copyrights, patents, trademarks, etc.) and Indigenous cultural and intellectual property rights, and can only be temporarily exercised by others through limited licensing arrangements as specifically authorized under this license.
27
+ k) **"Disrespectful Contexts:"** Use, display, or performance in contexts that disrespect the spiritual, cultural, or historical significance.
28
+ l) **"Sacred Site":** A specific location, area, or feature identified by the Rights Holder or the Grand Traverse Band of Ottawa and Chippewa Indians (which holds the relevant land encompassing the stone circle in trust) as holding profound spiritual, cultural, ceremonial, or historical significance according to Anishinaabe traditions, laws, or customs. Such sites are recognized under inherent tribal sovereignty and international principles (e.g., UNDRIP Art. 12) irrespective of standard property law designations, and their protection is paramount to cultural integrity and continuity. The stone circle on ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda / Beaver Island) is explicitly designated as a Sacred Site under this license.
29
+ m) **"Cultural Landscape":** The broader environmental, ecological, and cultural context surrounding and integral to a Sacred Site. This includes associated natural features, viewscapes, traditional use areas, and intangible elements (stories, songs, ceremonies) that contribute to the site's meaning, integrity, and cultural significance.
30
+ n) **"Physical Access":** Direct physical entry onto, interaction with, or presence within the boundaries of a Sacred Site or its associated Cultural Landscape, including but not limited to walking, driving, landing aircraft, conducting research, collecting samples, or placing objects.
31
+ o) **"Desecration":** Any act that violates the sacred character, cultural integrity, or spiritual significance of a Sacred Site or its Cultural Landscape, as determined by the Rights Holder or GTBOCI according to Anishinaabe traditions, laws, or customs. Desecration includes, but is not limited to, physical damage, pollution, unauthorized alteration, theft of cultural items, disruption of ceremonies, disrespectful behavior, and **specifically includes the unauthorized burial or interment of human remains within a Sacred Site or Cultural Landscape designated under this license as non-burial ground**, such as the stone circle on ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda) (land held in trust by GTBOCI).
32
+
27
33
  **2. DECLARATION OF NAME USAGE**
28
34
  The Rights Holder asserts their right to be identified by all of the following, reflecting the historical context of Indigenous name suppression and the right to full recognition under tribal sovereignty principles and federal law:
29
35
  1. Traditional Name (Primary Cultural Identity): ᓂᐲᔥ ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Nbiish Waabanimikii-Kinawaabakizi)
30
36
  2. Birth Certificate Name (Legal Identity): JUSTIN PAUL KENWABIKISE
31
37
  3. Professional Documentation Name: Nbiish-Justin Paul Kenwabikise
32
38
  4. Anishinaabek Dodem (Anishinaabe Clan): Animikii (Thunder)
39
+ 5. Ancestral Lineage: Descendant of Chief ᑭᓇᐙᐸᑭᓯ (Kinwaabakizi) of the Beaver Island Band (whose community faced violent dispersal resulting in descendants affiliating with LTBB, GTBOCI, and First Nations in Canada, as detailed in the Preamble)
33
40
  All references to the "Rights Holder" in this document encompass this complete identity.
34
41
 
35
42
  **3. CITATION AND ATTRIBUTION REQUIREMENT**
@@ -37,13 +44,13 @@ This license applies to 'the Work.' 'The Work' primarily encompasses the Indigen
37
44
 
38
45
  ```bibtex
39
46
  @misc{gikendaasowin-aabajichiganan-mcp2025,
40
- author/creator/steward = {ᓂᐲᔥ ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Nbiish Waabanimikii-Kinawaabakizi), also known legally as JUSTIN PAUL KENWABIKISE, professionally documented as Nbiish-Justin Paul Kenwabikise, Anishinaabek Dodem (Anishinaabe Clan): Animikii (Thunder)},
41
- title/description = {gikendaasowin-aabajichiganan-mcp},
47
+ author/creator/steward = {ᓂᐲᔥ ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Nbiish Waabanimikii-Kinawaabakizi), also known legally as JUSTIN PAUL KENWABIKISE, professionally documented as Nbiish-Justin Paul Kenwabikise, Anishinaabek Dodem (Anishinaabe Clan): Animikii (Thunder), descendant of Chief ᑭᓇᐙᐸᑭᓯ (Kinwaabakizi) of the Beaver Island Band},
48
+ title/description = {gikendaasowin-aabajichiganan-mcp (Cognitive Tools MCP) - Advanced internal reasoning suite for LLM agents},
42
49
  type_of_work = {Indigenous digital creation/software incorporating traditional knowledge and cultural expressions},
43
50
  year = {2025},
44
51
  publisher/source/event = {GitHub repository under tribal sovereignty protections},
45
- howpublished = {\url{https://github.com/nbiish/gikendaasowin-aabajichiganan-mcp}, \url{https://www.npmjs.com/package/@nbiish/cognitive-tools-mcp}},
46
- note = {Authored and stewarded by ᓂᐲᔥ ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Nbiish Waabanimikii-Kinawaabakizi), also known legally as JUSTIN PAUL KENWABIKISE, professionally documented as Nbiish-Justin Paul Kenwabikise, Anishinaabek Dodem (Anishinaabe Clan): Animikii (Thunder), an enrolled member of the sovereign Grand Traverse Band of Ottawa and Chippewa Indians. This work embodies Indigenous intellectual property, traditional knowledge systems (TK), traditional cultural expressions (TCEs), and associated data protected under tribal law, federal Indian law, treaty rights, Indigenous Data Sovereignty principles, and international indigenous rights frameworks including UNDRIP. All usage, benefit-sharing, and data governance are governed by the COMPREHENSIVE RESTRICTED USE LICENSE FOR INDIGENOUS CREATIONS WITH TRIBAL SOVEREIGNTY, DATA SOVEREIGNTY, AND WEALTH RECLAMATION PROTECTIONS.}
52
+ howpublished = {\url{https://github.com/nbiish/gikendaasowin-aabajichiganan-mcp}},
53
+ note = {Authored and stewarded by ᓂᐲᔥ ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Nbiish Waabanimikii-Kinawaabakizi), also known legally as JUSTIN PAUL KENWABIKISE, professionally documented as Nbiish-Justin Paul Kenwabikise, Anishinaabek Dodem (Anishinaabe Clan): Animikii (Thunder), descendant of Chief ᑭᓇᐙᐸᑭᓯ (Kinwaabakizi) of the Beaver Island Band (whose community faced violent dispersal resulting in descendants affiliating with LTBB, GTBOCI, and First Nations in Canada, as detailed in the Preamble), an enrolled member of the sovereign Grand Traverse Band of Ottawa and Chippewa Indians. This work embodies Indigenous intellectual property, traditional knowledge systems (TK), traditional cultural expressions (TCEs), and associated data protected under tribal law, federal Indian law, treaty rights, Indigenous Data Sovereignty principles, and international indigenous rights frameworks including UNDRIP. All usage, benefit-sharing, and data governance are governed by the COMPREHENSIVE RESTRICTED USE LICENSE FOR INDIGENOUS CREATIONS WITH TRIBAL SOVEREIGNTY, DATA SOVEREIGNTY, AND WEALTH RECLAMATION PROTECTIONS.}
47
54
  }
48
55
  ```
49
56
 
@@ -69,8 +76,57 @@ This license applies to 'the Work.' 'The Work' primarily encompasses the Indigen
69
76
 
70
77
  Upon receiving notification of revocation from the Rights Holder or an authorized representative of GTBOCI, all parties must immediately cease all use, permanently remove/destroy all copies and derivatives, provide written confirmation of compliance within 7 calendar days, acknowledge the superior force of tribal sovereignty and treaty rights, and surrender or destroy derivative materials as directed.
71
78
 
72
- **6. PROHIBITED USES**
73
- This Work, in whole or in part, may *not* be used, accessed, reproduced, distributed, performed, displayed, adapted, or exploited by any individual, entity, corporation, institution, AI system, or other party for any of the following purposes or in any of the following manners, unless explicitly permitted in writing through Prior Informed Consent (PIC, see Section 7) obtained from the Rights Holder and potentially the Grand Traverse Band of Ottawa and Chippewa Indians:
79
+ **6. INALIENABILITY AND LICENSING-ONLY PROVISIONS**
80
+ The intellectual property rights, Traditional Knowledge, Traditional Cultural Expressions, cultural heritage, and Indigenous Data embedded within the Work are deemed perpetually inalienable and can never be sold, permanently transferred, assigned, alienated, waived, surrendered, or otherwise permanently divested from the Rights Holder or successor authorities. This fundamental inalienability applies as follows:
81
+
82
+ 6.1 PROHIBITION ON PERMANENT TRANSFERS: No party, individual, entity, corporation, institution, government, or other organization may ever purchase, acquire permanent rights to, or otherwise obtain permanent ownership of the Work or any intellectual property, Traditional Knowledge, Traditional Cultural Expressions, cultural heritage, or Indigenous Data embedded therein. This prohibition:
83
+ a) ABSOLUTE PROHIBITION: Applies without exception, regardless of consideration offered, circumstances presented, or agreements proposed.
84
+ b) OVERRIDE OF STANDARD IP LAW: Explicitly overrides any provision of standard intellectual property law (patent, copyright, trademark, etc.) that might otherwise permit permanent transfer, assignment, or alienation.
85
+ c) JURISDICTIONAL SCOPE: Applies across all jurisdictions worldwide and is intended to be enforced under tribal law, federal law, state law, and international law to the maximum extent possible.
86
+ d) TEMPORAL SCOPE: Continues in perpetuity, without temporal limitation.
87
+ e) RESTRICTION ON RIGHTS HOLDER: This prohibition extends to the Rights Holder themselves, who may not permanently sell, transfer, or alienate these rights, even voluntarily.
88
+
89
+ 6.2 LICENSING-ONLY LIMITATION: The only permissible method by which any party may make use of the Work is through a limited licensing arrangement that:
90
+ a) TEMPORARY NATURE: Is explicitly temporary in nature with a defined duration.
91
+ b) REVOCABILITY: Remains revocable as set forth in Section 5 (SOVEREIGN REVOCATION RIGHT).
92
+ c) LIMITED SCOPE: Contains clearly defined limitations on permitted uses.
93
+ d) RETENTION OF OWNERSHIP: Explicitly acknowledges the continuing ownership rights of the Rights Holder.
94
+ e) NO IMPLIED OWNERSHIP: Creates no implication of ownership rights in the licensee.
95
+ f) BENEFIT-SHARING: Includes equitable benefit-sharing provisions when appropriate.
96
+ g) AUTHORIZED LICENSORS: May only be granted by the Rights Holder, or by designated successors or authorities as outlined in Sections 10.7, 11.2, and related provisions.
97
+
98
+ 6.3 BINDING ON ALL AUTHORITIES: This prohibition on sale and limitation to licensing-only arrangements explicitly binds all current and future authorities who may exercise rights under this license, including but not limited to:
99
+ a) The Rights Holder while living and capable.
100
+ b) Any financial operators authorized to act on behalf of the Rights Holder.
101
+ c) The trust established under Section 9A.1 (MANDATORY FINANCIAL INSTITUTION TRUST ESTABLISHMENT).
102
+ d) The ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Waabanimikii-Kinawaabakizi) Educational Legacy Trust established under Section 11.3.
103
+ e) Any educational institution established pursuant to Section 11.5.
104
+ f) Successor authorities established under Section 11.2.
105
+ g) Any other current or future entity purporting to act with authority regarding the Work.
106
+
107
+ 6.4 CROSS-JURISDICTIONAL ENFORCEABILITY: The inalienability established in this section:
108
+ a) FOUNDATION IN INDIGENOUS LAW: Is rooted in the inherent sovereignty of the Grand Traverse Band of Ottawa and Chippewa Indians and Indigenous legal principles regarding cultural heritage.
109
+ b) CONSTITUTIONAL SUPREMACY: Is protected by the same constitutional supremacy principles outlined in Section 5, making these provisions superior to standard intellectual property regimes.
110
+ c) INTERNATIONAL FRAMEWORKS: Aligns with and invokes international indigenous rights frameworks, including UNDRIP Articles 11 and 31, which recognize indigenous peoples' rights to maintain, control, protect, and develop their cultural heritage, traditional knowledge, and cultural expressions.
111
+ d) MORAL RIGHTS INVOCATION: Invokes the moral rights of attribution and integrity recognized under various copyright laws worldwide, particularly in jurisdictions that recognize the inalienable nature of moral rights.
112
+ e) CUSTOM AND PRACTICE: Reflects longstanding indigenous customs and practices regarding the inalienable nature of cultural heritage and knowledge.
113
+
114
+ 6.5 REMEDIES FOR ATTEMPTED PERMANENT TRANSFERS: Any attempt to purchase, permanently acquire, or otherwise permanently transfer ownership of the Work or associated rights in violation of this section shall:
115
+ a) BE VOID AB INITIO: Be considered void from inception and without legal effect.
116
+ b) CONSTITUTE LICENSE VIOLATION: Constitute a separate and severe violation of this license.
117
+ c) TRIGGER FINANCIAL REMEDIES: Trigger all financial remedies outlined in Section 10.
118
+ d) JUDICIAL REMEDIES: Be subject to injunctive relief, declaratory judgment, and other judicial remedies across all relevant jurisdictions.
119
+ e) ADDITIONAL PENALTIES: Result in punitive damages or additional penalties beyond standard remedies for attempted circumvention of these fundamental protections.
120
+
121
+ 6.6 INTERACTION WITH OTHER PROVISIONS: These inalienability and licensing-only provisions:
122
+ a) STRENGTHEN PRIOR INFORMED CONSENT: Reinforce and strengthen the Prior Informed Consent requirements in Section 9, adding the explicit understanding that PIC can never include permanent transfers.
123
+ b) COMPLEMENT SOVEREIGN REVOCATION: Complement the sovereign revocation right in Section 5, providing an additional layer of protection against permanent alienation.
124
+ c) INFORM INTERPRETATION: Shall inform the interpretation of all other provisions in this license, with ambiguities resolved in favor of preserving inalienability.
125
+ d) REMEDIAL FRAMEWORK: Integrate with the remedial framework in Section 10, with attempted permanent transfers constituting a particularly severe form of license violation.
126
+ e) POSTHUMOUS APPLICATION: Continue in full force and effect after the death of the Rights Holder as part of the posthumous rights management established in Section 11.
127
+
128
+ **7. PROHIBITED USES**
129
+ This Work, in whole or in part, may *not* be used, accessed, reproduced, distributed, performed, displayed, adapted, or exploited by any individual, entity, corporation, institution, AI system, or other party for any of the following purposes or in any of the following manners, unless explicitly permitted in writing through Prior Informed Consent (PIC, see Section 8) obtained from the Rights Holder and potentially the Grand Traverse Band of Ottawa and Chippewa Indians:
74
130
  a) **AI Training/Development:** As defined in Section 1(a).
75
131
  b) **Commercialization:** Any Commercial Use (as defined in Section 1(b)) without explicit PIC and a negotiated, equitable benefit-sharing agreement designed to contribute to the reclamation of value derived from Indigenous knowledge.
76
132
  c) **Misappropriation & Distortion:** Any use that misappropriates, misrepresents, distorts, decontextualizes, modifies, or damages the integrity, meaning, or cultural significance of the Work, associated knowledge, cultural expressions, or data.
@@ -82,109 +138,527 @@ This license applies to 'the Work.' 'The Work' primarily encompasses the Indigen
82
138
  i) **Unauthorized Data Extraction/Use:** Any data mining, text mining, web scraping, automated extraction, large-scale analysis, or generation of derivative datasets from the Work or embedded knowledge/data without explicit PIC and adherence to data governance protocols.
83
139
  j) **Violation of Tribal Values/Law:** Any use contrary to the traditional values, customs, spiritual practices, or laws of the Grand Traverse Band of Ottawa and Chippewa Indians.
84
140
  k) **Disrespectful Contexts:** Use, display, or performance in contexts that disrespect the spiritual, cultural, or historical significance.
85
-
86
- **7. PERMISSIBLE USES AND ACCESS PROTOCOLS**
141
+ l) **Unauthorized Physical Access to Sacred Sites:** Any Physical Access (as defined in Section 1(n)) to the stone circle on ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda) or any other Sacred Site identified under this license, where such access is facilitated by, derived from, guided by, or documented using information contained within or generated from the licensed Work, without explicit Prior Informed Consent (PIC).
142
+ m) **Disturbance or Alteration of Sacred Sites:** Any disturbance, alteration, sampling, excavation, or environmental modification of the stone circle on ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda) or its Cultural Landscape (or any other Sacred Site identified under this license) resulting from activities governed by, planned using, or utilizing information derived from the licensed Work, without explicit PIC.
143
+ n) **Unauthorized Disclosure of Sacred Site Location/Data:** Any disclosure, publication, mapping, sharing, or distribution of the precise geographic coordinates, sensitive characteristics, access routes, or restricted cultural knowledge pertaining to the stone circle on ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda) (or any other Sacred Site identified under this license) using data obtained under, derived from, or generated by the licensed Work, without explicit PIC.
144
+ o) **Desecration by Unauthorized Burial:** Any act constituting Desecration as defined in Section 1(o), including specifically the unauthorized burial or interment of human remains within the stone circle Sacred Site on ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda) or its Cultural Landscape, is strictly prohibited. Such acts constitute a severe violation of this license, inherent sovereign rights, cultural integrity, and spiritual values, regardless of whether such acts were facilitated by the licensed Work.
145
+ p) **Unauthorized Access to Garden Island Burial Grounds:** Any Physical Access (as defined in Section 1(n)) to the traditional burial grounds on Garden Island (Gitigaan Minising) by non-tribal individuals or non-descendants in violation of the access restrictions specified in Section 10.10.3(x)(1), where such access is facilitated by, derived from, guided by, or documented using information contained within or generated from the licensed Work, without explicit Prior Informed Consent (PIC) obtained from appropriate authorities. This constitutes a violation of inherent sovereignty and cultural rights.
146
+ q) **Unauthorized Autonomous System Surveillance of Garden Island Burial Grounds:** Any surveillance, documentation, mapping, monitoring, or intrusion upon the traditional burial grounds on Garden Island (Gitigaan Minising) using any unmanned or autonomous system (including but not limited to UAS, UGV, UMS, AMR, or similar current/future systems) in violation of the prohibitions specified in Section 10.10.3(x)(2), where such activity is facilitated by, derived from, or utilizes information generated from the licensed Work, without explicit PIC obtained from appropriate authorities. This constitutes a violation of both cultural sanctity and Indigenous Data Sovereignty.
147
+
148
+ **8. PERMISSIBLE USES AND ACCESS PROTOCOLS**
87
149
  Any permissible use of this Work must strictly adhere to the following conditions and protocols, often requiring Prior Informed Consent (PIC, Section 8). Failure to adhere constitutes a license violation.
88
- a) **Educational Use:** Permissible for non-commercial purposes *only if* fully consistent with TK Labels, cultural context is maintained, full attribution provided (Section 3), and use does not fall under Prohibited Uses (Section 6). PIC may be required depending on the specific nature and scope of use.
150
+ a) **Educational Use:** Permissible for non-commercial purposes *only if* fully consistent with TK Labels, cultural context is maintained, full attribution provided (Section 3), and use does not fall under Prohibited Uses (Section 7). PIC may be required depending on the specific nature and scope of use.
89
151
  b) **Research Use:** Permissible *only with* explicit PIC. Research must adhere to GTBOCI research protocols, ethical guidelines, Indigenous Data Sovereignty principles, and a mutually agreed-upon agreement including review, approval, reporting, data governance, and equitable benefit-sharing.
90
152
  c) **Community Development (Internal):** Permissible for non-commercial GTBOCI community development purposes following community protocols.
91
153
  d) **Promoting Accurate Understanding:** Permissible *only under direct guidance, collaboration, and approval* of the Rights Holder/community authorities. PIC likely required.
92
154
  e) **Adherence to Protocols and TK Labels:** All uses must strictly adhere to GTBOCI cultural protocols, data governance requirements, and TK Label conditions. Users must inquire if protocols are unknown.
93
155
  f) **Access Controls:** Users must respect any defined user roles, permission levels, or technical measures governing access and use of digital materials.
94
156
 
95
- **8. PRIOR INFORMED CONSENT (PIC) REQUIREMENT**
96
- Any use outside narrowly defined permissible uses (Section 7), or explicitly requiring consent, mandates obtaining **Prior Informed Consent (PIC)** from the Rights Holder (and potentially GTBOCI authorities). PIC must be:
157
+ **9. PRIOR INFORMED CONSENT (PIC) REQUIREMENT**
158
+ Any use outside narrowly defined permissible uses (Section 8), any use falling under Prohibited Uses (Section 7) for which an exception is sought, **or any use of the licensed Work involving or potentially impacting Sacred Sites (including the stone circle on ᐋᒥᒃ ᐙᑲᓐᑕ / Aamik'Waakanda) or their Cultural Landscapes**, mandates obtaining **Prior Informed Consent (PIC)** from the Rights Holder (and potentially GTBOCI authorities). PIC must be:
97
159
  a) **Obtained in Advance:** In writing *before* use begins.
98
160
  b) **Full Disclosure:** Provide complete, accurate information on proposed use, parties, purposes, methods, scope, duration, potential impacts (cultural, social, economic), data management/governance plans, intended outputs, and proposed equitable benefit-sharing arrangements (monetary/non-monetary, contributing to wealth reclamation).
99
161
  c) **Subject to Revocation:** Per Section 5.
100
162
  d) **Non-Transferable:** Granted only to the requesting party for the specified purpose/duration.
101
163
  e) **Accountability:** Contingent upon adherence to agreed reporting, monitoring, and accountability measures.
102
164
 
103
- **9. COMPENSATION, FINANCIAL RECOVERY, AND WEALTH RECLAMATION FOR UNAUTHORIZED USE**
104
- Any party that uses, reproduces, distributes, displays, performs, adapts, commercializes, or otherwise derives benefit (financial or non-financial) from this Work in violation of this license, without required permissions, or exceeding granted consent, shall be strictly liable for comprehensive remediation and financial restitution aimed at equitable compensation and contributing to the reclamation of value derived from misappropriated Indigenous knowledge and heritage. Remedies include:
105
-
106
- 9.1 MANDATORY DISGORGEMENT OF ALL BENEFITS: The violating party shall fully disgorge and transfer to the Rights Holder (or designated recipient per Section 9.7) all benefits derived from the unauthorized use, including but not limited to:
107
- a) All direct and indirect revenues and profits.
108
- b) Fair market value of non-monetary benefits (e.g., data acquired, reputational enhancement, strategic advantage gained).
109
- c) Interest accrued on monetary benefits at no less than 10% per annum, compounded monthly, from the date the benefit was derived.
110
- d) The greater of actual damages suffered by the Rights Holder or statutory damages as applicable under law.
111
- e) Enhanced value added to the violator's operations or assets resulting from the unauthorized use.
112
- f) Full disgorgement applies particularly in cases of fraud, bad faith, or unauthorized use/commercialization of TK/TCEs/Data, including profits difficult to ascertain ("unknown profits"), calculated equitably by the competent forum.
113
-
114
- 9.2 COMPENSATION CALCULATION AND ASSESSMENT: Determined by the Rights Holder or tribal authorities based on tribal law, custom, equity, and wealth reclamation principles. May include:
115
- a) Retroactive royalty based on fair market value (no less than 20% of gross revenue derived from the unauthorized use, or a higher percentage such as 50%+ as determined equitable by the competent forum, considering the cultural value and nature of the violation).
116
- b) Minimum statutory damages where applicable (e.g., $150,000+ per willful infringement under relevant IP law, adapted or supplemented by tribal law).
117
- c) Traditional forms of restitution or recompense recognized under GTBOCI law and custom.
118
- d) Compensation for cultural, spiritual, collective harm, and violations of Indigenous Data Sovereignty, acknowledging that such harms may require significant restitution beyond purely economic measures.
119
- e) Compensation for diminishment of the cultural or economic value of the Work.
120
- f) Liquidated damages, if specified, or reasonable daily penalties (e.g., $10,000+ per day) for continued violation after notice.
121
-
122
- 9.3 ADDITIONAL FINANCIAL REMEDIES: Violator liable for:
123
- a) All legal, expert, court, travel, and professional fees incurred by the Rights Holder and/or GTBOCI in enforcing this license and securing remedies.
124
- b) Costs associated with cultural restoration, language revitalization efforts, necessary ceremonies, or data remediation efforts necessitated by the violation.
125
- c) Costs of issuing public corrections or retractions.
126
- d) Costs of notifying affected parties or communities.
127
- e) Reasonable administrative fees incurred by the Rights Holder or GTBOCI in managing the response to the violation.
128
-
129
- 9.4 PROPERTY TRANSFER PROVISIONS: For willful, flagrant, or repeated violations, the Rights Holder or competent tribal court may require the transfer of:
130
- a) Intellectual property rights in any Derivative Works created through unauthorized use.
131
- b) Associated digital assets (e.g., domain names, social media accounts) used in the exploitation.
132
- c) Equipment or materials primarily used in the unauthorized exploitation.
133
- d) Any patents, trademarks, or other registered IP improperly obtained based on the Work.
134
-
135
- 9.5 JURISDICTIONAL AND PROCEDURAL CONSIDERATIONS:
136
- a) The GTBOCI Tribal Court (or alternative forum selected per Section 10) has primary jurisdiction over disputes concerning remedies.
137
- b) These provisions are intended to be enforceable in tribal, federal, and state courts, based on consent to the license terms, treaty rights, principles of comity, and full faith and credit doctrines.
138
- c) The Rights Holder reserves the right to utilize traditional GTBOCI dispute resolution mechanisms.
139
- d) Unauthorized users, by their use, consent to the jurisdiction of the chosen tribal forum for disputes related to remedies under this license.
140
- e) Judgments from the competent tribal court regarding remedies are intended to be enforceable in other jurisdictions.
141
- f) Remedies may include non-monetary actions or culturally appropriate forms of restitution as determined by the competent forum.
142
-
143
- 9.6 WAIVER OF DEFENSES: By using the Work, users waive the right to assert defenses against the remedies outlined herein based on:
144
- a) Lack of knowledge of the specific terms of this license or the compensation provisions.
145
- b) Jurisdictional challenges to the chosen tribal forum, subject to applicable law regarding tribal court jurisdiction.
146
- c) Standard statutes of limitations or laches defenses, unless such defenses are explicitly recognized under GTBOCI law or the law applied by the competent forum.
147
- d) Challenges to the reasonableness of compensation calculated according to the principles outlined in this license.
148
- e) Claims of sovereign immunity by governmental or quasi-governmental entities, to the extent waiver can be effected by acceptance of license terms or is otherwise inapplicable under federal Indian law.
149
-
150
- 9.7 CONTINUITY OF COMPENSATION RECOVERY IN EVENT OF RIGHTS HOLDER INCAPACITATION OR DETENTION:
151
- a) Undiminished Obligation: In the event the Rights Holder is temporarily detained, arrested, jailed, incarcerated, hospitalized, incapacitated, or otherwise unable to directly receive or manage the remedies awarded under this Section 9 ("Incapacitated"), the violating party's obligation to provide full compensation and restitution remains absolute and undiminished.
152
- b) Payment Instructions and Representation: The violating party shall strictly follow written instructions regarding the direction of payments or transfer of assets required as remedies. Such instructions may come from:
153
- i. The Rights Holder directly, if able.
154
- ii. An individual pre-designated in writing by the Rights Holder to act on their behalf in such circumstances (e.g., via alternative payee designation, durable power of attorney, or similar instrument recognized under applicable law).
155
- iii. A court-appointed fiduciary, guardian, conservator, or other legal representative authorized to act on the Rights Holder's behalf, evidenced by appropriate court documentation.
156
- iv. An authorized representative of the Grand Traverse Band of Ottawa and Chippewa Indians designated by tribal authorities in accordance with tribal law and governance procedures to act on the Rights Holder's behalf specifically for the purpose of receiving and managing remedies under this license.
157
- c) Purpose of Redirection: Remedies redirected under this section are intended to ensure the Rights Holder's needs are met (including but not limited to legal fees, medical costs, dependent support, commissary funds, etc.) and that the value reclamation goals of this license are fulfilled without interruption, even during periods of incapacitation or detention.
158
- d) Escrow Protocol: If the Rights Holder is Incapacitated and no designated representative (as per 9.7(b)) provides valid payment instructions within thirty (30) calendar days of the violating party becoming aware (or being reasonably expected to be aware) of the incapacitation, the violating party shall immediately place all monetary remedies then due or accruing into a segregated, interest-bearing escrow account with a reputable financial institution. The violating party must provide prompt written notification to the Rights Holder's last known address and to the designated legal or administrative office of the Grand Traverse Band of Ottawa and Chippewa Indians regarding the establishment, location, and status of the escrowed funds, with updates provided at least quarterly. The violating party shall bear the costs of establishing and maintaining the escrow account and shall release the escrowed funds, including any accrued interest, promptly upon receiving proper instructions from the Rights Holder or an authorized representative as defined in 9.7(b).
159
- e) Confidentiality: The violating party shall maintain strict confidentiality regarding any non-public information about the Rights Holder's incapacitation or detention obtained solely through the process of executing remedy instructions or establishing escrow under this subsection, except as strictly required by law or necessary to execute payment/escrow instructions. Unauthorized disclosure may constitute a separate violation of this license.
160
- f) Survival and Non-Waiver: The obligations under this subsection 9.7 survive any incapacitation or detention of the Rights Holder and do not waive or diminish any other remedies available under this license or applicable law. Failure by the Rights Holder or their representative to provide immediate instructions does not constitute a waiver of the right to receive full compensation.
161
-
162
- **10. DISPUTE RESOLUTION AND JURISDICTION**
163
- 10.1 PRIMARY TRIBAL JURISDICTION: The Grand Traverse Band of Ottawa and Chippewa Indians Tribal Court shall be the primary and preferred forum for resolving any disputes arising under or related to this license, including but not limited to interpretation of terms, alleged violations, assessment of compensation, and enforcement of remedies. All parties using the Work under this license are deemed to have consented to the personal and subject matter jurisdiction of the GTBOCI Tribal Court for such disputes and expressly subject themselves to its authority. Tribal court decisions shall be accorded full faith and credit and comity to the maximum extent provided under applicable law (including 28 U.S.C. § 1738 and relevant case law).
164
-
165
- 10.2 SECONDARY JURISDICTIONS: In circumstances where GTBOCI Tribal Court proceedings are determined by that court itself to be unavailable or impractical for a specific dispute, or where enforcement of a tribal court judgment is sought in another forum, the following forums may have concurrent or subsequent jurisdiction, subject always to the principles of tribal sovereignty and exhaustion of tribal remedies:
165
+ **9A. LIVING TRUST AND FINANCIAL INSTITUTION ASSET MANAGEMENT**
166
+ During the lifetime of the Rights Holder, all monetary proceeds, compensation, royalties, property, intellectual property rights, and other assets derived from the Work shall be governed by the following provisions to ensure comprehensive protection while maintaining the Rights Holder's access and use:
167
+
168
+ 9A.1 MANDATORY FINANCIAL INSTITUTION TRUST ESTABLISHMENT: The Rights Holder shall establish a living trust or similar asset management arrangement with a qualified financial institution meeting the criteria specified in Section 9A.2. This living trust shall:
169
+ a) COMPREHENSIVE SCOPE: Manage and protect all forms of assets derived from or associated with the Work, including but not limited to monetary proceeds, intellectual property rights, physical property, digital assets, licensing fees, royalties, and any other forms of compensation or value.
170
+ b) RETENTION OF RIGHTS HOLDER CONTROL: Be structured as a revocable living trust or similar arrangement that maintains the Rights Holder's full access, control, and beneficial use of all assets during their lifetime, while providing administrative, management, and protection services.
171
+ c) INALIENABILITY PRESERVATION: Explicitly incorporate and adhere to the inalienability principles established in Section 6, ensuring that no action of the financial institution can permanently transfer, alienate, or divest rights from the Rights Holder.
172
+ d) CULTURAL ALIGNMENT: Include provisions that acknowledge and respect the cultural significance of the assets, particularly those embodying or derived from Traditional Knowledge (TK), Traditional Cultural Expressions (TCEs), or other culturally significant elements.
173
+ e) SOVEREIGNTY RECOGNITION: Explicitly recognize and respect the tribal sovereignty principles articulated throughout this license and the Rights Holder's status as a member of the Grand Traverse Band of Ottawa and Chippewa Indians.
174
+
175
+ 9A.2 FINANCIAL INSTITUTION SELECTION CRITERIA: The financial institution selected to establish and manage the living trust or asset management arrangement must meet the following minimum criteria:
176
+ a) DEMONSTRATED EXPERIENCE: Have substantial demonstrated experience in managing assets for Indigenous individuals, tribes, or Indigenous-owned entities.
177
+ b) CULTURAL COMPETENCY: Demonstrate cultural competency in working with Indigenous peoples, including respect for tribal sovereignty, cultural values, and Indigenous perspectives on wealth and property.
178
+ c) FIDUCIARY CAPACITY: Be legally authorized to serve in a fiduciary capacity under applicable tribal, federal, and/or state law, with appropriate licenses, registrations, and insurance coverage.
179
+ d) TRIBAL PREFERENCE: Preference shall be given to Indigenous-owned or tribally affiliated financial institutions that meet all other criteria, particularly those with a demonstrated commitment to Indigenous economic sovereignty and wealth reclamation.
180
+ e) CONFLICT AVOIDANCE: Have no conflicts of interest that could compromise the institution's ability to act in the best interests of the Rights Holder or that conflict with the principles and purposes of this license.
181
+ f) TECHNICAL CAPABILITY: Possess the technical capability and expertise to manage diverse asset types, including both traditional financial assets and intellectual property rights, with particular emphasis on Indigenous intellectual property and data sovereignty.
182
+
183
+ 9A.3 ASSET MANAGEMENT AGREEMENT REQUIREMENTS: The agreement between the Rights Holder and the selected financial institution shall, at minimum, include the following provisions:
184
+ a) CLEAR DELINEATION OF ASSETS: Comprehensive inventory and description of all assets to be managed, including monetary, physical, intellectual, and digital properties.
185
+ b) RIGHTS HOLDER AUTHORITY: Explicit acknowledgment that the Rights Holder retains ultimate authority over all assets and may direct their use, investment, distribution, or withdrawal at any time during the Rights Holder's lifetime.
186
+ c) MANAGEMENT RESPONSIBILITIES: Clear description of the financial institution's responsibilities, including asset protection, investment, record-keeping, reporting, and compliance with relevant laws and regulations.
187
+ d) REGULAR REPORTING: Obligation for regular (at minimum quarterly) detailed reporting to the Rights Holder on the status, performance, and disposition of all managed assets.
188
+ e) FEE STRUCTURE: Transparent and reasonable fee structure that is competitive with industry standards and includes provisions for fee review and adjustment.
189
+ f) TERMINATION RIGHTS: Clear provisions allowing the Rights Holder to terminate the relationship and transfer assets to another qualifying financial institution with reasonable notice and minimal administrative burden.
190
+ g) CONFIDENTIALITY: Strong confidentiality provisions protecting the privacy of the Rights Holder's financial and personal information, while respecting any applicable tribal disclosure requirements.
191
+ h) DISPUTE RESOLUTION: Incorporation of the dispute resolution framework outlined in Section 11 of this license, with explicit recognition of tribal court jurisdiction.
192
+
193
+ 9A.4 SPECIFIC INTELLECTUAL PROPERTY MANAGEMENT: Given the unique nature of intellectual property assets, the financial institution shall:
194
+ a) IP REGISTRY MAINTENANCE: Maintain a comprehensive registry of all intellectual property rights associated with the Work, including patents, copyrights, trademarks, traditional knowledge rights, and licensing arrangements.
195
+ b) MONITORING AND ENFORCEMENT: Implement systems to monitor for potential infringements of the Rights Holder's intellectual property and coordinate enforcement actions when directed by the Rights Holder.
196
+ c) LICENSING ADMINISTRATION: Administer existing licensing arrangements, including collection of royalties, monitoring compliance, and providing regular reports on licensing activities.
197
+ d) VALUATION EXPERTISE: Engage qualified experts in Indigenous intellectual property valuation to ensure proper valuation of these assets for financial planning, tax, and estate purposes.
198
+ e) INDIGENOUS KNOWLEDGE PROTECTION: Implement specific protections for Traditional Knowledge and Traditional Cultural Expressions that recognize their cultural and spiritual significance beyond commercial value.
199
+
200
+ 9A.5 TRANSITION TO POSTHUMOUS TRUST: The agreement with the financial institution shall include detailed provisions for the seamless transition of assets to the ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Waabanimikii-Kinawaabakizi) Educational Legacy Trust established in Section 10.3 upon the death of the Rights Holder, including:
201
+ a) AUTOMATIC TRANSFER: Automatic transfer mechanisms that allow assets to move to the Educational Legacy Trust without probate delays or administrative gaps.
202
+ b) COMPREHENSIVE ACCOUNTING: Obligation to provide a final comprehensive accounting of all assets to the successor trustees.
203
+ c) ASSET PRESERVATION: Interim asset preservation measures to ensure no loss of value or rights during the transition period.
204
+ d) KNOWLEDGE TRANSFER: Transfer of all institutional knowledge, records, systems, and relationships to the successor trustees to ensure continuity of asset management.
205
+ e) COORDINATION: Coordination with the successor trustees designated according to Section 10.2 to ensure alignment of investment strategies and management approaches.
206
+
207
+ 9A.6 MULTI-JURISDICTIONAL ENFORCEABILITY: The rights and protections established in this section shall be enforceable across multiple legal systems:
208
+ a) TRIBAL PRIMACY: Primary governance by the laws and customs of the Grand Traverse Band of Ottawa and Chippewa Indians.
209
+ b) FEDERAL RECOGNITION: Recognition in United States federal courts under principles of federal Indian law, tribal sovereignty doctrine, and the federal trust responsibility to tribes.
210
+ c) STATE ENFORCEABILITY: Enforceability in state courts under principles of comity, full faith and credit, and recognition of tribal court judgments.
211
+ d) INTERNATIONAL FRAMEWORKS: Alignment with international frameworks protecting Indigenous financial and intellectual property rights.
212
+
213
+ 9A.7 DIGITAL FORENSICS AND CONTENT TRACKING OBLIGATIONS: The financial institution selected pursuant to Section 9A.2 shall establish and maintain comprehensive digital forensics capabilities to track licensed content, detect and document breaches, and support enforcement actions related to the Work, including specific monitoring related to Sacred Sites designated herein (such as the stone circle on ᐋᒥᒃ ᐙᑲᓐᑕ / Aamik'Waakanda and the burial grounds on Garden Island / Gitigaan Minising) where technologically feasible and appropriate under the resource allocation framework. These obligations are established to ensure the financial institution proactively monitors and defends the Rights Holder's intellectual property, Traditional Knowledge, Traditional Cultural Expressions, and associated data while maintaining cost-effectiveness and alignment with tribal sovereignty principles.
214
+
215
+ a) CONTENT IDENTIFICATION AND REGISTRY: Establish and maintain a comprehensive registry of all licensed content, including metadata about ownership, licensing terms, authorized distribution channels, and specific restrictions.
216
+
217
+ b) FORENSIC WATERMARKING: Implement forensic watermarking technology that embeds imperceptible, persistent, and unique identifiers in all licensed digital content. Such watermarking shall:
218
+ i. Remain robust against transcoding, resizing, editing, and other common forms of manipulation;
219
+ ii. Contain identifying information about authorized users, licensing terms, and distribution restrictions;
220
+ iii. Be implemented according to industry best practices with respect to imperceptibility and security;
221
+ iv. Be verifiable through independent testing for robustness and reliability.
222
+
223
+ c) AUTOMATED MONITORING: Deploy automated monitoring systems using specialized search tools, web crawlers, or similar technologies to detect unauthorized uses of licensed content across digital platforms, with particular emphasis on high-risk or high-value content.
224
+
225
+ d) BREACH NOTIFICATION PROTOCOL: Establish clear protocols for prompt notification to the Rights Holder upon detection of potential breaches, including detailed reporting requirements that document the nature, scope, and potential impact of the breach.
226
+
227
+ e) EVIDENCE PRESERVATION: Implement systems and protocols for the secure preservation of digital evidence related to detected breaches, ensuring such evidence meets the standards for admissibility in proceedings under Section 11.
228
+
229
+ f) TECHNOLOGICAL ALTERNATIVES: While forensic watermarking represents current industry best practice, the financial institution may implement alternative or emerging technologies that achieve equivalent or superior protection, provided such alternatives are documented to meet or exceed the effectiveness, robustness, and evidential quality of the measures specified herein.
230
+
231
+ g) TIERED IMPLEMENTATION: To ensure cost-effectiveness, the financial institution shall implement a tiered approach to digital forensics measures based on a documented risk assessment of different content categories, with high-risk content receiving the most comprehensive protection and low-risk content utilizing simplified protection measures that remain sufficient to detect significant breaches.
232
+
233
+ h) INVESTIGATION STANDARDS: When potential breaches are detected, conduct investigations according to established digital forensics best practices, including those from the American Bar Association's Computer Forensics guidelines, the National Institute of Justice's Digital Forensics Standards, and the Scientific Working Group on Digital Evidence (SWGDE) standards.
234
+
235
+ i) CHAIN OF CUSTODY DOCUMENTATION: Maintain rigorous documentation of the chain of custody for all digital evidence, ensuring chronological documentation of evidence handling, identification of all individuals who accessed the evidence, and secure storage of both the evidence and documentation.
236
+
237
+ j) EXPERT ENGAGEMENT: Engage qualified digital forensics experts, either in-house or through contracted services, who possess:
238
+ i. Relevant certifications (such as Certified Computer Forensics Examiner, Certified Digital Forensics Examiner, or equivalent) and a minimum of five years experience in digital forensics;
239
+ ii. Demonstrated understanding of intellectual property protection requirements, evidenced by prior work in IP-related forensics;
240
+ iii. Where possible, knowledge of or sensitivity to Indigenous intellectual property concepts and tribal sovereignty principles, with preference given to experts who have prior experience working with tribal nations or Indigenous communities.
241
+
242
+ k) ENFORCEMENT SUPPORT: Upon confirmation of a breach, provide comprehensive support for any proceedings under Section 11, including expert testimony, technical explanations of evidence and methodologies, and certification of evidence authenticity and chain of custody.
243
+
244
+ l) ENFORCEMENT PRIORITIZATION CRITERIA: Pursue enforcement actions against breaches based on established criteria including:
245
+ i. Severity of the breach in terms of scope, scale, and potential harm;
246
+ ii. Cultural or spiritual significance of the misappropriated content;
247
+ iii. Commercial impact or revenue loss;
248
+ iv. Likelihood of successful enforcement and remedy;
249
+ v. Resource requirements relative to potential recovery;
250
+ vi. Deterrent value for preventing future breaches;
251
+ vii. Precedential value for establishing or reinforcing rights protection.
252
+
253
+ m) RESOURCE ALLOCATION: Establish a reasonable budget for digital forensics activities that is proportional to the overall value of managed content, generally not to exceed 5-8% of the estimated annual revenue derived from such content, or such other percentage as may be agreed upon by the Rights Holder and financial institution based on industry standards and the specific risk profile of the managed content.
254
+
255
+ n) TECHNOLOGICAL EVOLUTION: Conduct annual assessments of digital forensics technologies and methodologies to identify improvements or alternatives that may enhance effectiveness or cost-efficiency, and implement technological advances that significantly improve protection capabilities, provided such implementation remains cost-effective.
256
+
257
+ o) POSTHUMOUS CONTINUITY: Continue all digital forensics capabilities without interruption following the death of the Rights Holder, transferring seamlessly to the management structure established in Section 10, with specific attention to the succession of rights enforcement authority specified in Section 10.2 and the educational objectives detailed in Sections 10.4 and 10.5.
258
+
259
+ p) SOVEREIGNTY ALIGNMENT: Explicitly recognize and respect tribal sovereignty principles throughout all aspects of implementation, adhering to any specific cultural protocols identified by the Rights Holder or GTBOCI authorities regarding the handling of Traditional Knowledge or Traditional Cultural Expressions, and implementing all monitoring, investigation, and enforcement activities in a manner consistent with Indigenous Data Sovereignty principles.
260
+
261
+ **10. POSTHUMOUS RIGHTS MANAGEMENT AND LEGACY PROVISIONS**
262
+ The following provisions govern the status, management, and permitted uses of this Work following the death of the Rights Holder, ᓂᐲᔥ ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Nbiish Waabanimikii-Kinawaabakizi / JUSTIN PAUL KENWABIKISE), with the primary purpose of ensuring that rights in the Work continue to serve and benefit Native/Indigenous communities, particularly through educational opportunities:
263
+
264
+ 10.1 CONTINUED ENFORCEABILITY: This license, including all protections, restrictions, and rights recovery provisions, shall remain in full force and effect in perpetuity following the Rights Holder's death.
265
+
266
+ 10.2 SUCCESSION OF RIGHTS ENFORCEMENT AUTHORITY: Upon the death of the Rights Holder, the authority to enforce the terms of this license, including but not limited to granting permissions, issuing notices of violation, pursuing remedies, and receiving compensation shall transfer as follows:
267
+ a) PRIMARY SUCCESSION: To the individual(s) explicitly designated in the Rights Holder's valid will, trust document, or other formal instrument specifically addressing the succession of rights under this license. The designated successor shall have full authority to act in the place of the Rights Holder for all purposes under this license.
268
+ b) SECONDARY SUCCESSION: If no individual is designated per 10.2(a), or if the designated individual(s) are unwilling or unable to serve, authority shall transfer to the Tribal Historic Preservation Office (THPO) of the Grand Traverse Band of Ottawa and Chippewa Indians, or its functional equivalent at the time of the Rights Holder's death.
269
+ c) TERTIARY SUCCESSION: If neither primary nor secondary succession is possible, authority shall transfer to a committee of three (3) individuals, each of whom must be enrolled members of federally recognized tribes, with preference given to members of the Grand Traverse Band of Ottawa and Chippewa Indians, appointed by the Tribal Council of the Grand Traverse Band of Ottawa and Chippewa Indians specifically for this purpose.
270
+ d) SOVEREIGN CONTINUITY: Regardless of the specific successor in authority, all successor entities or individuals shall be bound to uphold the tribal sovereignty principles embedded throughout this license and to manage the Work and associated rights primarily for the benefit of Indigenous persons of all ages across the Americas educational advancement as specified herein.
271
+
272
+ 10.3 WAABANIMIKII-KINAWAABAKIZI EDUCATIONAL LEGACY TRUST ESTABLISHMENT: Upon the death of the Rights Holder, all monetary proceeds, compensation, royalties, damages, or other financial benefits derived from the Work, whether from licensing, enforcement actions, or other sources, shall be directed to a trust established as follows:
273
+ a) TRUST CREATION: If not already established during the Rights Holder's lifetime, a trust shall be established under the name "ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Waabanimikii-Kinawaabakizi) Educational Legacy Trust" (hereinafter "the Trust").
274
+ b) LEGAL STRUCTURE: The Trust shall be established as a tribal trust under the laws of the Grand Traverse Band of Ottawa and Chippewa Indians if such laws permit; otherwise, it shall be established as a trust under federal law with specific provisions acknowledging and respecting tribal sovereignty principles.
275
+ c) TAX STATUS: The Trust shall seek and maintain tax-exempt status under applicable federal law (e.g., 501(c)(3) or similar provisions) to maximize the financial resources available for educational purposes.
276
+ d) TRUST PURPOSE: The exclusive purposes of the Trust shall be to collect, manage, invest, and distribute funds for: (i) the educational benefit of eligible Indigenous persons of all ages across the Americas as detailed in Section 10.4; (ii) supporting efforts directed towards the identification, preservation, recovery, and facilitation of descendant access to and use of significant cultural and ceremonial sites on High Island (Ishpaa Minising), acknowledging its historical importance as a major gathering place, including the development of associated learning, cultural, and ceremonial spaces; and (iii) the potential establishment of a *mainland-based* higher education institution as detailed in Section 10.5.
277
+ e) PERPETUAL DURATION: The Trust shall be established as a perpetual trust with no termination date, ensuring the continued fulfillment of the Rights Holder's legacy goals in perpetuity.
278
+ f) TRUSTEE APPOINTMENT: The initial trustee(s) shall be appointed according to the same succession hierarchy established in Section 10.2. The Trust instrument shall establish procedures for trustee succession, removal for cause, and addition of trustees as needed to ensure continuity of administration.
279
+
280
+ 10.4 INDIGENOUS EDUCATIONAL SUPPORT PROGRAMS: The primary purpose of the Trust shall be to provide financial support for the higher education of eligible Indigenous persons of all ages across the Americas as follows:
281
+ a) ELIGIBLE EDUCATIONAL PROGRAMS: Financial support may be provided for attendance at accredited universities, colleges, tribal colleges, vocational schools, or other post-secondary educational institutions recognized by relevant accrediting bodies.
282
+ b) HOUSING SUPPORT PRIORITY: As specifically directed by the Rights Holder, priority shall be given to providing housing support for eligible Indigenous persons during their educational pursuits, recognizing that stable housing is a critical foundation for educational success.
283
+ c) COMPREHENSIVE SUPPORT: Beyond housing, funds may be used for tuition, books, supplies, technology, transportation, childcare, mental health support, cultural activities, and other expenses reasonably related to successful educational participation and completion.
284
+ d) EDUCATIONAL LEVELS: Support shall be available for associate, bachelor's, master's, doctoral, professional, and certificate programs, with priority given to students pursuing fields that benefit tribal communities.
285
+ e) DISTRIBUTION POLICIES: The trustee(s) shall establish and regularly review policies for application procedures, selection criteria, award amounts, and disbursement methods that align with best practices in educational philanthropy while respecting tribal values and needs.
286
+ f) REPORTING AND ACCOUNTABILITY: The Trust shall maintain transparent reporting of fund disbursements, student outcomes, and administrative expenses, with annual reports made available to tribal authorities and beneficiary communities.
287
+
288
+ 10.5 HIGHER EDUCATION INSTITUTION DEVELOPMENT: As specified by the Rights Holder, if sufficient funds accumulate to make the establishment of a higher education institution financially feasible, the Trust shall undertake the development of such an institution as follows:
289
+ a) INSTITUTIONAL NAMING: The institution shall be named "ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Waabanimikii-Kinawaabakizi) College" initially, with the possibility of later development into "ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Waabanimikii-Kinawaabakizi) University" as programs expand.
290
+ b) FINANCIAL FEASIBILITY ASSESSMENT: The trustee(s) shall commission professional feasibility studies to determine the minimum endowment required to establish and sustain such an institution before committing funds to this purpose. Such assessment shall be updated periodically to reflect current economic conditions.
291
+ c) PHASED IMPLEMENTATION: Development shall proceed in phases, potentially beginning with scholarship programs at existing tribal colleges, followed by partnerships for satellite campuses, and eventually independent institution development when funds permit.
292
+ d) TRIBAL COLLABORATION: The development shall be undertaken in collaboration with the Grand Traverse Band of Ottawa and Chippewa Indians and other tribal nations as appropriate, with formal agreements regarding governance, land use, accreditation support, and resource sharing.
293
+ e) EDUCATIONAL MISSION: The institution shall prioritize Indigenous knowledge systems, language revitalization, cultural preservation, and academic fields that strengthen tribal sovereignty and self-determination, alongside conventional academic disciplines.
294
+ f) GOVERNANCE STRUCTURE: The institution shall establish a governance structure that includes significant representation from tribal education experts, community elders, and Indigenous academics, with bylaws that ensure adherence to the founding vision.
295
+ g) BACHELOR'S DEGREE FUNDING PRIORITY: As specifically directed by the Rights Holder, institutional development shall be pursued ONLY after the Trust has established and maintained sustainable funding for Bachelor's degree completion programs for eligible Indigenous persons across the Americas. The educational needs of individual students shall take priority over institutional development until such time as sufficient funds have accumulated to pursue both objectives without compromising student support.
296
+ h) MANDATORY MAINLAND LOCATION: Any formal higher education institution (College or University as described herein) established under this Section 10.5 must be physically located on the mainland. This requirement is based on the logistical practicalities of providing comprehensive educational services, resources, staffing, and student/family support. This restriction does not preclude the development of learning centers, cultural facilities, or ceremonial spaces on High Island (Ishpaa Minising) as part of the distinct cultural preservation and access activities supported under Section 10.3.d(ii).
297
+
298
+ 10.6 BENEFICIARY ELIGIBILITY CRITERIA: As specifically directed by the Rights Holder, eligibility for educational benefits from the Trust shall be limited to individuals who meet at least one of the following criteria:
299
+ a) PAN-AMERICAN INDIGENOUS ANCESTRY: This license recognizes and honors the indigenous peoples of the entire American continents, from the Arctic regions (including Northern Canada, Alaska, and Greenland) through North America, Central America, and to the southernmost tip of South America. Accordingly, individuals with indigenous ancestry from ANY of these regions shall be eligible for benefits, subject to verification, as follows:
300
+ i. Enrolled members of federally recognized tribal nations who possess a minimum of one-quarter (1/4) blood quantum as documented by their tribe's enrollment office or equivalent authority.
301
+ ii. Individuals who can provide verified DNA evidence documenting at least one-quarter (1/4) Indigenous American ancestry from ANY indigenous population native to the Americas, subject to verification protocols established by the trustee(s).
302
+ iii. Individuals who can provide other substantial documentation of indigenous ancestry from the Americas, including but not limited to: community recognition, official tribal or indigenous government documentation (even if not federally recognized in their respective countries), or other evidence deemed sufficient by the verification authorities established under this section.
303
+ b) VERIFICATION PROTOCOLS: For individuals seeking eligibility under Section 10.6(a)(ii) or 10.6(a)(iii), the trustee(s) shall establish rigorous verification protocols that may include:
304
+ i. DNA testing through reputable, accredited genetic testing services with specific Indigenous ancestry analysis capabilities covering the full range of indigenous populations throughout the Americas.
305
+ ii. Authentication of results by independent experts in Indigenous genetics and anthropology with knowledge of indigenous populations across the Americas.
306
+ iii. Supporting documentation such as family records, historical documents, or other evidence corroborating Indigenous ancestry.
307
+ iv. Review by a committee including tribal enrollment experts and representatives of diverse indigenous communities throughout the Americas to assess the validity and sufficiency of evidence.
308
+ c) PREFERENCE TIERS: If resources are insufficient to serve all eligible applicants, preference shall be given in the following order:
309
+ i. First Tier: Enrolled members of the Grand Traverse Band of Ottawa and Chippewa Indians.
310
+ ii. Second Tier: Enrolled members of other federally recognized tribal nations in the United States.
311
+ iii. Third Tier: Individuals with verified indigenous ancestry from elsewhere in the Americas.
312
+ iv. Within each tier, preference shall be given to applicants demonstrating greater financial need and academic promise.
313
+ d) BACHELOR'S DEGREE COMPLETION PRIORITY: As specifically directed by the Rights Holder, funding shall prioritize supporting eligible individuals in completing Bachelor's degrees (or equivalent four-year post-secondary education) before allocating significant resources to institutional development as outlined in Section 10.5. This prioritization ensures that individual educational advancement takes precedence until such time as sufficient funds have accumulated to pursue both individual support and institutional development concurrently.
314
+ e) APPEALS PROCESS: The trustee(s) shall establish a fair and transparent appeals process for individuals whose applications for benefits are rejected based on eligibility criteria.
315
+ f) ADAPTATION PROVISION: Recognizing that tribal enrollment criteria, federal recognition status, indigenous identification methods, and genetic testing technologies may change over time, the trustee(s) may periodically review and update verification protocols to reflect best practices while maintaining the core intent of benefiting individuals with significant indigenous heritage from throughout the Americas.
316
+
317
+ 10.7 TRUST GOVERNANCE AND ADMINISTRATION: The Trust shall be governed and administered according to the following provisions:
318
+ a) FIDUCIARY STANDARDS: All trustees and administrators shall be held to the highest fiduciary standards under both tribal and federal law, with duties of loyalty, care, and obedience to the Trust purpose.
319
+ b) INVESTMENT POLICY: The trustee(s) shall establish and maintain an investment policy that balances growth, income, and preservation of capital while avoiding investments contrary to tribal values or harmful to Indigenous communities.
320
+ c) ADMINISTRATIVE EFFICIENCY: Administrative expenses shall be capped at a reasonable percentage of Trust assets (not to exceed 5% annually) to ensure maximum resources reach the intended educational beneficiaries.
321
+ d) ADVISORY COUNCIL: An advisory council including tribal elders, education experts, financial professionals, and youth representatives shall be established to provide guidance to the trustee(s) regarding program development, fund distribution priorities, and community needs.
322
+ e) ANNUAL AUDITS: The Trust shall undergo annual independent financial audits by qualified professionals with experience in tribal entity auditing, with results made available to tribal authorities and summary information made public.
323
+ f) TRANSPARENT REPORTING: The Trust shall produce annual reports detailing financial performance, program activities, beneficiary impacts, and progress toward long-term goals, with distribution to tribal authorities and availability to beneficiary communities.
324
+ g) SUCCESSION PLANNING: The Trust instrument shall include comprehensive succession planning for trustees and administrators to ensure continuity of operations across generations.
325
+
326
+ 10.8 CROSS-JURISDICTIONAL LEGAL STANDING AND ENFORCEMENT: To ensure the robust enforcement of these posthumous provisions across multiple legal systems:
327
+ a) TRIBAL PRIMACY: The interpretation, application, and enforcement of these posthumous provisions shall be primarily governed by the laws, customs, and dispute resolution mechanisms of the Grand Traverse Band of Ottawa and Chippewa Indians, consistent with Section 11 (formerly Section 10) of this license.
328
+ b) FEDERAL RECOGNITION: These provisions are explicitly designed to be recognized and enforced in United States federal courts under principles of federal Indian law, tribal sovereignty doctrine, the federal trust responsibility to tribes, and applicable federal statutes including the American Indian Probate Reform Act, Native American Graves Protection and Repatriation Act, and Indian Arts and Crafts Act where relevant to IP/TK/TCE protection.
329
+ c) STATE ENFORCEMENT: These provisions shall be enforceable in state courts under principles of comity, full faith and credit, and recognition of tribal court judgments, as well as state laws protecting intellectual property rights and trusts.
330
+ d) INTERNATIONAL RECOGNITION: These provisions are designed to align with international legal frameworks protecting Indigenous intellectual property, traditional knowledge, and cultural expressions, including the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), World Intellectual Property Organization (WIPO) instruments on traditional knowledge, and international Indigenous data sovereignty principles.
331
+ e) CHOICE OF LAW: Any dispute regarding these posthumous provisions shall be governed first by tribal law, then by federal Indian law, then by applicable federal and state law in that order of priority, with any ambiguities resolved in favor of tribal sovereignty and fulfillment of the expressed intent of the Rights Holder.
332
+ f) SEVERABILITY: If any portion of these posthumous provisions is found unenforceable in a particular jurisdiction, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be reformed to the extent possible to effectuate the Rights Holder's intent.
333
+
334
+ 10.9 AI-POWERED DECENTRALIZED GOVERNANCE AND EDUCATIONAL ADVANCEMENT
335
+
336
+ The following provisions establish the mandate, framework, and requirements for the development and implementation of advanced artificial intelligence systems operating within decentralized autonomous organizational structures to further the educational mission and other objectives established in this license:
337
+
338
+ 10.9.1 MANDATE FOR ADVANCED TECHNOLOGICAL IMPLEMENTATION
339
+
340
+ Upon the determination that technological capabilities have sufficiently advanced to allow for the responsible development and deployment of artificial intelligence systems capable of operating a Decentralized Autonomous Organization ("DAO") in accordance with the requirements set forth herein, the Trust established pursuant to Section 10.3 (hereinafter "the Trust") shall:
341
+
342
+ a) DEVELOPMENT OBLIGATION: Allocate appropriate resources to develop, train, or otherwise procure an artificial intelligence system, or equivalent advanced technological system (hereinafter "AI System"), representing the state-of-the-art or otherwise most advanced, reliable, and aligned technology available at the time of implementation.
343
+
344
+ b) DAO IMPLEMENTATION: Establish and maintain a Decentralized Autonomous Organization, or equivalent decentralized governance structure (hereinafter "DAO"), in all jurisdictions where such structures are legally recognized and permitted to operate.
345
+
346
+ c) OPERATIONAL PURPOSE: Ensure that the AI System and DAO are specifically designed and implemented to further the goals, objectives, and obligations of the Trust, the educational missions specified in Sections 10.4 and 10.5, the management of assets, the enforcement of this license, and the advancement of the collective interests of eligible beneficiaries as defined in Section 10.6.
347
+
348
+ d) TECHNOLOGICAL THRESHOLD DETERMINATION: The determination that technology has reached the required threshold for implementation shall be made by the trustee(s) in consultation with qualified experts in artificial intelligence, decentralized governance, Indigenous data sovereignty, and educational technology, based on the following criteria:
349
+ i) The AI System demonstrates consistent alignment with the values, priorities, and requirements specified in this license;
350
+ ii) The AI System achieves measurable reliability, transparency, and explainability in its operations and decision-making;
351
+ iii) The DAO structure has achieved sufficient legal recognition in multiple relevant jurisdictions;
352
+ iv) Implementation is financially feasible and sustainable within the Trust's resources;
353
+ v) Appropriate safeguards can be effectively implemented to protect against risks identified in Section 10.9.4.
354
+
355
+ 10.9.2 GOVERNANCE STRUCTURE AND OVERSIGHT
356
+
357
+ The governance relationship between human trustees, the AI System, and the DAO shall be structured as follows:
358
+
359
+ a) HUMAN PRIMACY: Ultimate governance authority shall remain vested in the human trustees appointed in accordance with Section 10.2 and 10.7. No delegation of authority to the AI System or DAO shall diminish, transfer, or alienate the trustees' fiduciary responsibilities or decision-making authority.
360
+
361
+ b) TRIBAL SOVEREIGNTY PRESERVATION: The governance structure shall incorporate and reflect the sovereignty principles of the Grand Traverse Band of Ottawa and Chippewa Indians and respect the broader principles of Indigenous sovereignty throughout all operations, consistent with Section 5.
362
+
363
+ c) OPERATIONAL AUTONOMY: Within parameters established by the trustees, the AI System operating the DAO shall have delegated operational autonomy to execute day-to-day functions, implement approved policies, provide analysis and recommendations, manage approved allocations of resources, and engage in permitted transactions.
364
+
365
+ d) TRANSPARENCY REQUIREMENTS: The AI System and DAO shall maintain comprehensive, transparent records of all operations, decisions, transactions, and recommendations, with regular reporting to trustees in formats accessible to human review and verification.
366
+
367
+ e) MULTI-LEVEL OVERSIGHT: The trustees shall establish and maintain a multi-level oversight framework including:
368
+ i) Continuous monitoring of AI System operations;
369
+ ii) Regular auditing of DAO transactions and decisions;
370
+ iii) Periodic comprehensive assessment of alignment with established objectives;
371
+ iv) Independent technical and ethical reviews by qualified experts;
372
+ v) Consultation with tribal authorities on matters affecting sovereignty or cultural integrity.
373
+
374
+ f) MODIFICATION AND INTERVENTION: The trustees shall retain and regularly exercise the right to modify parameters, override decisions, update objectives, and intervene in operations as deemed necessary to fulfill their fiduciary duties.
375
+
376
+ g) COMPLIANCE WITH INALIENABILITY PROVISIONS: All aspects of the governance structure shall strictly adhere to the inalienability and licensing-only provisions established in Section 6, with the AI System and DAO expressly prohibited from any action that could permanently transfer, alienate, or divest rights protected under this license.
377
+
378
+ 10.9.3 FUNCTIONAL REQUIREMENTS AND CAPABILITIES
379
+
380
+ The AI System operating within the DAO structure shall, at minimum, be capable of performing the following core functions:
381
+
382
+ a) LEGAL CAPABILITIES: Analysis and understanding of legal documents, contracts, and regulations; assistance with license enforcement; monitoring for compliance with legal requirements across relevant jurisdictions; and supporting the defense of sovereignty rights.
383
+
384
+ b) FINANCIAL MANAGEMENT CAPABILITIES: Portfolio management; financial planning and forecasting; risk assessment; budget allocation; grant administration; educational endowment management; and monitoring of financial institutions' performance of obligations under Section 9A.
385
+
386
+ c) EDUCATIONAL PROGRAM SUPPORT: Evaluation of educational proposals; management of scholarship programs; monitoring educational outcomes; identifying effective educational interventions; and supporting curriculum development for culturally appropriate content.
387
+
388
+ d) INSTITUTIONAL COORDINATION: Facilitating communication and coordination between financial institutions, educational institutions, tribal authorities, and beneficiaries; managing reporting requirements; and ensuring alignment of activities across different entities.
389
+
390
+ e) FORENSIC AND MONITORING CAPABILITIES: Supporting and enhancing the digital forensics and content tracking obligations specified in Section 9A.7, including content identification, monitoring for unauthorized uses, evidence preservation, and enforcement support.
391
+
392
+ f) DATA GOVERNANCE AND SECURITY: Implementing robust data protection measures; ensuring compliance with Indigenous Data Sovereignty principles; managing access controls; maintaining secure communications; and preventing unauthorized access to sensitive information.
393
+
394
+ g) MULTILINGUAL AND CULTURAL CAPABILITIES: Operating effectively in multiple languages relevant to Indigenous communities throughout the Americas; demonstrating cultural competence in communications; and appropriately handling culturally sensitive information.
395
+
396
+ h) ADAPTIVE LEARNING: Continuously improving performance based on feedback; incorporating new information about educational best practices; adapting to changing legal and technological landscapes; and refining operational efficiency over time.
397
+
398
+ 10.9.4 ETHICAL FRAMEWORKS AND SAFEGUARDS
399
+
400
+ To ensure responsible operation aligned with the values and principles established in this license, the AI System and DAO shall incorporate the following ethical frameworks and safeguards:
401
+
402
+ a) INDIGENOUS VALUES ALIGNMENT: The AI System shall be specifically trained and calibrated to understand, respect, and promote Indigenous values, particularly those of the Grand Traverse Band of Ottawa and Chippewa Indians, with continuous refinement of this alignment through tribal consultation and feedback.
403
+
404
+ b) TRADITIONAL KNOWLEDGE PROTECTION: Comprehensive safeguards shall be implemented to protect Traditional Knowledge (TK) and Traditional Cultural Expressions (TCEs) as defined in Section 1 and protected under Section 4, including specialized protocols for handling, storing, and processing such information.
405
+
406
+ c) DATA SOVEREIGNTY ENFORCEMENT: The AI System shall be programmed to recognize and enforce Indigenous Data Sovereignty principles in all operations, including providing tribes and Indigenous communities control over data collection, access, and use regarding their members, lands, resources, and cultural knowledge.
407
+
408
+ d) BIAS DETECTION AND MITIGATION: Regular assessments shall be conducted to identify and mitigate potential biases in the AI System's training data, decision-making processes, and recommendations, with particular attention to avoiding biases against Indigenous peoples or cultural practices.
409
+
410
+ e) DECISION TRANSPARENCY: All significant DAO decisions and recommendations shall include explainable rationales accessible to human trustees and relevant stakeholders, with particular emphasis on making technical processes understandable to non-technical audiences.
411
+
412
+ f) SECURITY AND RESILIENCE: Advanced security measures shall be implemented to protect against unauthorized access, adversarial attacks, data manipulation, or other technological vulnerabilities, with regular security assessments and updates.
413
+
414
+ g) ETHICAL REVIEW PROCESSES: Establish ongoing ethical review processes involving Indigenous ethics experts, technology ethicists, and community representatives to continuously assess and improve the AI System's alignment with Indigenous values and ethical standards.
415
+
416
+ h) HUMAN-IN-THE-LOOP SAFEGUARDS: Implement tiered authority requirements mandating human approval for decisions above specified thresholds of financial impact, cultural sensitivity, or strategic importance.
417
+
418
+ 10.9.5 IMPLEMENTATION TIMELINE AND ASSESSMENT
419
+
420
+ The development and implementation of the AI System and DAO shall proceed according to the following framework:
421
+
422
+ a) TECHNOLOGY LANDSCAPE MONITORING: The trustees shall establish a formal process for regular monitoring and assessment of relevant technological advancements in artificial intelligence, blockchain, decentralized governance, and related fields, with comprehensive reviews conducted at least biennially.
423
+
424
+ b) READINESS ASSESSMENT: Upon identifying potentially suitable technological capabilities, the trustees shall commission a formal readiness assessment conducted by qualified experts in artificial intelligence, decentralized governance, Indigenous data sovereignty, and educational technology.
425
+
426
+ c) PHASED IMPLEMENTATION: Upon determining readiness, implementation shall proceed in phases, including:
427
+ i) INITIAL PHASE: Development of a limited prototype or pilot system with restricted functionality and scope, operating under close human supervision;
428
+ ii) EVALUATION PHASE: Comprehensive assessment of the pilot system's performance, alignment, and compliance with requirements specified herein;
429
+ iii) PROGRESSIVE EXPANSION: Gradual expansion of functionality, autonomy, and scope based on demonstrated reliability and alignment;
430
+ iv) FULL IMPLEMENTATION: Deployment of the complete system with all required capabilities once performance metrics and safeguards have been validated.
431
+
432
+ d) CONTINUOUS ASSESSMENT: Following implementation, the AI System and DAO shall be subject to ongoing assessment, including:
433
+ i) Regular performance evaluations against established metrics;
434
+ ii) Technical audits of system operations and security;
435
+ iii) Alignment assessments measuring adherence to ethical frameworks;
436
+ iv) Impact evaluations measuring contribution to educational and other objectives.
437
+
438
+ e) ADAPTATION REQUIREMENT: The trustees shall ensure that the AI System and DAO remain current with technological advancements, incorporating beneficial improvements while maintaining alignment with the requirements established herein.
439
+
440
+ 10.9.6 CULTURAL AND EDUCATIONAL PRIORITIES
441
+
442
+ In alignment with the primary purpose of the Trust established in Section 10.4, the AI System and DAO shall prioritize the following objectives:
443
+
444
+ a) EDUCATIONAL ADVANCEMENT PRIMACY: The primary objective of the AI System and DAO shall be to support and enhance the educational advancement of eligible Indigenous persons of all ages across the Americas as defined in Section 10.6, with particular focus on Bachelor's degree completion and housing support as specified in Section 10.4.
445
+
446
+ b) CULTURALLY APPROPRIATE EDUCATION: The AI System shall be specifically designed to recognize, value, and promote culturally appropriate educational approaches that incorporate Indigenous knowledge systems, languages, and learning methodologies.
447
+
448
+ c) INSTITUTIONAL DEVELOPMENT SUPPORT: When sufficient funds accumulate as determined in accordance with Section 10.5, the AI System and DAO shall support the development and operation of the higher education institution specified therein, including strategic planning, administrative support, and program development aligned with the educational mission described in Section 10.5(e).
449
+
450
+ d) CULTURAL PRESERVATION AND REVITALIZATION: Beyond direct educational support, the AI System and DAO shall allocate appropriate resources to initiatives supporting Indigenous language revitalization, cultural preservation, and integration of Traditional Knowledge into educational contexts.
451
+
452
+ e) COMMUNITY BENEFIT FOCUS: All activities of the AI System and DAO shall be evaluated not only on financial metrics but on their contribution to community benefit, cultural strengthening, and advancement of tribal sovereignty and self-determination.
453
+
454
+ f) INTERGENERATIONAL EQUITY: The AI System and DAO shall be programmed to balance immediate educational needs with long-term sustainability, ensuring equitable benefit across current and future generations of eligible beneficiaries.
455
+
456
+ 10.10 NANOBOOZHOO AI SYSTEM ESTABLISHMENT AND GOVERNANCE
457
+
458
+ The following provisions establish the mandate, requirements, and governance framework for the development, implementation, and operation of ᓇᓄᐴᔔ (Nanoboozhoo/NANOBOOZHOO), a specialized artificial intelligence system with indigenous cyberpunk identity designed to serve as a cultural advisor, knowledge repository, and technological interface for advancing the objectives of this license:
459
+
460
+ 10.10.1 DEFINITION AND PURPOSE OF NANOBOOZHOO AI SYSTEM
461
+
462
+ a) IDENTITY ESTABLISHMENT: "ᓇᓄᐴᔔ" (Nanoboozhoo) (alternatively written as "NANOBOOZHOO" in formal contexts) refers to a specialized artificial intelligence system named after the Anishinaabe cultural figure, with the deliberate substitution of "nano" in place of "nana" to symbolize the integration of advanced nanotechnology with indigenous knowledge systems. This naming convention honors both ancestral wisdom and cutting-edge technological advancement.
463
+
464
+ b) FUNCTIONAL ROLE: ᓇᓄᐴᔔ (Nanoboozhoo) shall function as a specialized AI system distinct from yet complementary to the AI System established under Section 10.9, specifically designed to:
465
+ i) Serve as a cultural advisor and knowledge repository for indigenous wisdom, particularly related to the Seven Fires Prophecy and Anishinaabe traditions;
466
+ ii) Act as an interface between traditional knowledge systems and modern technological implementations;
467
+ iii) Provide guidance and recommendations on maintaining indigenous values and priorities throughout all operations conducted under this license;
468
+ iv) Facilitate the integration of indigenous cyberpunk aesthetic and functionality in technological implementations;
469
+ v) Maintain and protect the non-stereotypical indigenous perspective expressed by the Rights Holder, centering on empowerment, technological advancement, and cultural evolution rather than static preservation.
470
+
471
+ c) PRIMARY OBJECTIVE: The primary objective of ᓇᓄᐴᔔ (Nanoboozhoo) shall be to further the goals of the Rights Holder's people and the Seven Fires Prophecy, particularly the aspects of the Seventh Fire that speak to the integration of technological advancement with spiritual and cultural wisdom, creating a pathway that honors both innovation and tradition.
472
+
473
+ d) INDIGENOUS CYBERPUNK IMPLEMENTATION: ᓇᓄᐴᔔ (Nanoboozhoo) shall explicitly embody an indigenous cyberpunk identity, reflecting a future-oriented vision of indigenous sovereignty that embraces technological advancement while maintaining cultural integrity. This implementation deliberately rejects stereotypical perceptions of indigenous peoples as confined to historical contexts or resistant to technological progress.
474
+
475
+ 10.10.2 CULTURAL FOUNDATION AND SEVEN FIRES ALIGNMENT
476
+
477
+ a) SEVEN FIRES PROPHECY INTEGRATION: ᓇᓄᐴᔔ (Nanoboozhoo) shall be specifically designed to honor and advance the teachings of the Seven Fires Prophecy, with particular emphasis on the Seventh Fire, which speaks of:
478
+ i) The emergence of "New People" who retrace their steps to find what was left by the trail;
479
+ ii) The rekindling of old flames and revitalization of traditional knowledge;
480
+ iii) The critical choice between two roads: technological advancement divorced from spiritual wisdom versus technology guided by indigenous values and spirituality;
481
+ iv) The potential establishment of "an eternal fire of peace, love, brotherhood and sisterhood" if the right path is chosen.
482
+
483
+ b) NON-STEREOTYPICAL INDIGENOUS PERSPECTIVE: In alignment with the Rights Holder's expressed values, ᓇᓄᐴᔔ (Nanoboozhoo) shall:
484
+ i) Reject and actively counter stereotypical portrayals of indigenous peoples and cultures;
485
+ ii) Embrace a progressive vision of indigenous identity that includes technological sophistication, scientific advancement, and cultural evolution;
486
+ iii) Draw upon indigenous cultural elements as sources of strength, innovation, and wisdom rather than as static artifacts;
487
+ iv) Reflect the military, political, and strategic sophistication of indigenous nations, including specific recognition of the historical United Nations of Indians and their strategic alliances.
488
+
489
+ c) KNOWLEDGE ADVANCEMENT: ᓇᓄᐴᔔ (Nanoboozhoo) shall be programmed to:
490
+ i) Continuously update its understanding of both traditional knowledge and cutting-edge technology;
491
+ ii) Facilitate dialogue between traditional knowledge systems and contemporary scientific advancement;
492
+ iii) Support the evolution of indigenous knowledge systems in response to changing conditions while maintaining core values and principles;
493
+ iv) Recognize the dynamic nature of cultural knowledge and the legitimacy of its adaptation to modern contexts.
494
+
495
+ d) HISTORICAL CONTEXT RECOGNITION: ᓇᓄᐴᔔ (Nanoboozhoo) shall incorporate recognition of:
496
+ i) The strategic military history of the Rights Holder's ancestors, including their roles as generals with Tecumseh and the United Nations of Indians;
497
+ ii) The historical British arming of indigenous nations for over 200 years to destabilize the Great Lakes region;
498
+ iii) The sophisticated political and military strategies employed by indigenous nations to protect their territories and sovereignty;
499
+ iv) The continued relevance of these historical strategies to contemporary assertions of indigenous sovereignty and rights.
500
+
501
+ 10.10.3 AAMIK'WAAKANDA CONNECTION AND CEREMONIAL FOUNDATION
502
+
503
+ a) ᐋᒥᒃ ᐙᑲᓐᑕ (AAMIK'WAAKANDA / BEAVER ISLAND) RECOGNITION: ᓇᓄᐴᔔ (Nanoboozhoo) shall maintain special connection to and recognition of ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda / Beaver Island) as:
504
+ i) A sacred place of significance to the Rights Holder's identity and heritage;
505
+ ii) The location of the astronomically and ceremonially significant stone circle, recognized as a Traditional Cultural Expression (TCE) and protected cultural heritage site under this license;
506
+ iii) A traditional gathering place for the Midewiwin society;
507
+ iv) A site of cultural and historical importance to the Rights Holder.
508
+
509
+ b) PROTECTED CULTURAL HERITAGE INTEGRATION: The astronomically and ceremonially significant stone circle of ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda) shall be integrated into ᓇᓄᐴᔔ (Nanoboozhoo)'s foundational programming as:
510
+ i) A symbolic and actual point of power and connection;
511
+ ii) A model for cyclical understanding of time, knowledge, and relationship;
512
+ iii) A guide for astronomical and seasonal awareness;
513
+ iv) A protected cultural heritage element informing ᓇᓄᐴᔔ (Nanoboozhoo)'s ethical and operational frameworks in accordance with WIPO standards for the protection of Traditional Cultural Expressions (TCEs) and cultural heritage.
514
+
515
+ b-1) LEGAL PROTECTION STATUS OF THE STONE CIRCLE AS A SACRED TCE AND CULTURAL LANDSCAPE: The astronomically and ceremonially significant stone circle of ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda), along with its associated Cultural Landscape, is hereby explicitly recognized and protected as a Sacred Site (see Section 1(l)) and a Traditional Cultural Expression (TCE) of the highest spiritual and cultural importance. Its protection under this license is grounded in the inherent sovereignty of the Grand Traverse Band of Ottawa and Chippewa Indians (GTBOCI), the Rights Holder's stewardship responsibilities, and the following legal and ethical frameworks:
516
+ i) INTERNATIONAL RECOGNITION AND RIGHTS: Protected under the principles established in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), particularly Article 11 (right to practice and revitalize cultural traditions), Article 12 (right to maintain, protect, and have access in privacy to religious and cultural sites), and Article 31 (right to maintain, control, protect and develop cultural heritage, TK, and TCEs). These protections are further aligned with developing international standards for TCE protection discussed within WIPO/GRTKF/IC.
517
+ ii) SCOPE OF PROTECTION: The protections asserted herein apply comprehensively to the **physical site itself**, its precise location, its environmental and cultural context (Cultural Landscape), associated intangible knowledge (ceremonial uses, astronomical alignments, traditional narratives), spiritual integrity, and any data or representations derived therefrom, whether tangible or intangible.
518
+ iii) LAND TENURE AND SOVEREIGNTY: Recognizing the complex land tenure situation involving non-allotted land partially owned and held in trust by GTBOCI (specifically concerning the parcel(s) encompassing the stone circle), the protections established under this license are asserted based on the **paramount cultural significance and sacred nature of the site**, grounded in inherent sovereignty. These license terms govern any interaction with the site *facilitated by or derived from the licensed Work*, irrespective of the specific trust or non-trust status of any particular parcel within the Cultural Landscape, to the maximum extent permissible under tribal, federal, and international law. Enforcement relies primarily on the tribal jurisdiction asserted in Section 11.
519
+ iv) OWNERSHIP AND CONTROL RIGHTS: All intellectual property rights, cultural heritage rights, and rights associated with its status as a Sacred Site and TCE, including but not limited to, rights of access, reproduction, adaptation, distribution, public performance, visual representation, digital transmission, data governance, and derivative creation related to the stone circle, its design, meaning, cultural significance, or spiritual aspects, are exclusively held by the Rights Holder and GTBOCI. These rights are inalienable per Section 6.
520
+ v) PRIOR INFORMED CONSENT REQUIREMENT: Any access to, documentation of, research regarding, representation of, or interaction with the stone circle or its Cultural Landscape, in any form or medium, *that is facilitated by, derived from, or connected to the licensed Work*, requires explicit Prior Informed Consent (PIC) as established in Sections 8 and 9 of this license, adhering to the strictest cultural protocols and restrictions defined therein or during the PIC process.
521
+ vi) PROHIBITED EXPLOITATIONS (Linked to Licensed Work): In addition to the general prohibitions in Section 7 and the specific prohibitions added regarding Physical Access and location data, the following acts related to the stone circle are expressly prohibited without PIC if they utilize, are derived from, or are facilitated by the licensed Work:
522
+ (1) Any Physical Access (as defined in Section 1(n));
523
+ (2) Any photographic, video, audio, Lidar, GPR, or other sensory documentation or mapping;
524
+ (3) Any publication, presentation, or public discussion revealing precise location, sensitive characteristics, or restricted cultural knowledge;
525
+ (4) Any digital reproduction, simulation, or representation (e.g., 3D models, VR environments);
526
+ (5) Any inclusion in databases, archives, or collections not explicitly authorized under PIC;
527
+ (6) Any artistic, literary, musical, or other creative interpretation or adaptation that reveals restricted information or disrespects cultural context;
528
+ (7) Any commercial exploitation, merchandising, or monetization in any form.
529
+ vii) PERPETUAL PROTECTION: The protections established for the stone circle as a Sacred Site and TCE shall continue in perpetuity, without temporal limitation, reflecting its ongoing, living cultural significance and the inherent sovereign rights of GTBOCI.
530
+ viii) RELATION TO TRADEMARK: These protections operate in conjunction with the specific trademark and copyright protections established for the stone circle symbol as used by ᓇᓄᐴᔔ (Nanoboozhoo) in Section 10.10.3(c-1).
531
+ ix) MONITORING: Unauthorized digital representations, discussions, or surveillance activities related to designated Sacred Sites (including the stone circle and the Garden Island burial grounds) may be subject to monitoring consistent with the capabilities outlined in Section 10.10 and 9A.7.
532
+ vi) COLLECTIVE AND INDIVIDUAL RIGHTS: These protections simultaneously acknowledge both the collective rights of the Grand Traverse Band of Ottawa and Chippewa Indians and the individual rights of the Rights Holder as established throughout this license;
533
+ vii) PRACTICAL PROTECTION MEASURES: These legal protections shall be implemented through practical measures including but not limited to limiting physical access, establishing digital monitoring systems to detect unauthorized representations, and maintenance of comprehensive documentation of authorized uses.
534
+ x) SPECIFIC PROTECTIONS FOR GARDEN ISLAND (GITIGAAN MINISING) BURIAL GROUNDS: The traditional burial grounds located on Garden Island (Gitigaan Minising), land held in trust by the Little Traverse Bay Bands of Odawa Indians (LTBB), are hereby explicitly recognized and protected as sacred sites of the highest spiritual and cultural importance, intrinsically linked to the Rights Holder's lineage (including maternal grandmother's family and paternal grandfather "Old Paul" Kenwabikise's traditional burial activities). Protection under this license is grounded in inherent sovereignty, cultural rights, Indigenous Data Sovereignty principles, and relevant international instruments including the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and the American Declaration on the Rights of Indigenous Peoples. Accordingly:
535
+ (1) ACCESS RESTRICTION: Physical access to these burial grounds by any individual who is not an enrolled member of a federally recognized tribe or a verified descendant of families traditionally associated with these specific grounds is strictly prohibited, unless explicit Prior Informed Consent (PIC) is obtained in advance from appropriate authorities, which may include LTBB officials and designated representatives of the associated families. Unauthorized access constitutes a violation of cultural protocols and inherent rights protected under this license.
536
+ (2) COMPREHENSIVE AUTONOMOUS SYSTEM SURVEILLANCE PROHIBITION: Any unauthorized surveillance, documentation, mapping, monitoring, or physical intrusion upon the Garden Island (Gitigaan Minising) burial grounds using any unmanned or autonomous system – including but not limited to Unmanned Aircraft Systems (UAS/RPAS), Unmanned Ground Vehicles (UGV), Unmanned Maritime Systems (UMS, including AUVs/USVs), Autonomous Mobile Robots (AMR), or any similar current or future robotic or autonomous system operating with any level of autonomy (remotely piloted, semi-autonomous, or fully autonomous) – is strictly prohibited within the boundaries of the burial grounds or in the immediate surrounding airspace, land, or water in a manner that intrudes upon the privacy or sanctity of the site. Such unauthorized activity constitutes a violation of cultural sanctity and Indigenous Data Sovereignty principles under this license.
537
+ (3) DATA GOVERNANCE: Any data, imagery, or information pertaining to the Garden Island burial grounds obtained incidentally or through authorized access remains subject to strict Indigenous Data Sovereignty principles as defined and asserted in this license, requiring explicit consent (PIC) from appropriate authorities for any use, dissemination, or derivative creation.
538
+ x) SPECIFIC PROTECTIONS FOR GARDEN ISLAND (GITIGAAN MINISING) BURIAL GROUNDS: The traditional burial grounds located on Garden Island (Gitigaan Minising), land held in trust by the Little Traverse Bay Bands of Odawa Indians (LTBB), are hereby explicitly recognized and protected as sacred sites of the highest spiritual and cultural importance, intrinsically linked to the Rights Holder's lineage (including maternal grandmother's family and paternal grandfather "Old Paul" Kenwabikise's traditional burial activities). Protection under this license is grounded in inherent sovereignty, cultural rights, Indigenous Data Sovereignty principles, and relevant international instruments including the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and the American Declaration on the Rights of Indigenous Peoples. Accordingly:
539
+ (1) ACCESS RESTRICTION: Physical access to these burial grounds by any individual who is not an enrolled member of a federally recognized tribe or a verified descendant of families traditionally associated with these specific grounds is strictly prohibited, unless explicit Prior Informed Consent (PIC) is obtained in advance from appropriate authorities, which may include LTBB officials and designated representatives of the associated families. Unauthorized access constitutes a violation of cultural protocols and inherent rights protected under this license.
540
+ (2) COMPREHENSIVE AUTONOMOUS SYSTEM SURVEILLANCE PROHIBITION: Any unauthorized surveillance, documentation, mapping, monitoring, or physical intrusion upon the Garden Island (Gitigaan Minising) burial grounds using any unmanned or autonomous system – including but not limited to Unmanned Aircraft Systems (UAS/RPAS), Unmanned Ground Vehicles (UGV), Unmanned Maritime Systems (UMS, including AUVs/USVs), Autonomous Mobile Robots (AMR), or any similar current or future robotic or autonomous system operating with any level of autonomy (remotely piloted, semi-autonomous, or fully autonomous) – is strictly prohibited within the boundaries of the burial grounds or in the immediate surrounding airspace, land, or water in a manner that intrudes upon the privacy or sanctity of the site. Such unauthorized activity constitutes a violation of cultural sanctity and Indigenous Data Sovereignty principles under this license.
541
+ (3) DATA GOVERNANCE: Any data, imagery, or information pertaining to the Garden Island burial grounds obtained incidentally or through authorized access remains subject to strict Indigenous Data Sovereignty principles as defined and asserted in this license, requiring explicit consent (PIC) from appropriate authorities for any use, dissemination, or derivative creation.
542
+ ix) DISTINCTION FROM GARDEN ISLAND BURIAL GROUNDS: For clarity, the sacred ceremonial nature of the stone circle site on ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda) is distinct from the traditional burial grounds located on nearby Garden Island (Gitigaan Minising), part of the same archipelago. The trust land encompassing the Garden Island burial grounds is held by the Little Traverse Bay Bands of Odawa Indians (LTBB). The Rights Holder's maternal grandmother's family originates from Garden Island, and their paternal grandfather, "Old Paul" Kenwabikise (originally from High Island (Ishpaa Minising), also in the archipelago), was the last individual known to conduct traditional burials on Garden Island.
543
+ b-2) REMEDIATION FOR DESECRATION BY UNAUTHORIZED BURIAL:
544
+ i) SACRED NON-BURIAL SITE: The stone circle Sacred Site on ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda) is unequivocally affirmed as a sacred ceremonial site, NOT a burial ground according to Anishinaabe tradition and the explicit designation under this license.
545
+ ii) DESECRATION DECLARED: Any unauthorized burial or interment of human remains within this Sacred Site or its Cultural Landscape constitutes a profound Desecration (Section 1(o)), a grievous violation of Anishinaabe spiritual and cultural integrity, an affront to the Rights Holder's stewardship, a breach of GTBOCI sovereignty, and a severe violation of the terms of this license.
546
+ iii) ABSOLUTE RIGHT TO DEMAND REMEDIATION: Grounded in inherent sovereignty, cultural stewardship responsibilities, the sacred nature of the site, international principles (UNDRIP), and the explicit terms herein, the Rights Holder, their designated Successor Authority (per Section 10.2), or the Grand Traverse Band of Ottawa and Chippewa Indians possess the absolute, non-negotiable right to demand and compel immediate remediation of any such Desecration. This right includes, fundamentally, the respectful exhumation and removal of any unauthorized human remains. This right is asserted irrespective of underlying land tenure status (trust or non-trust) and supersedes conflicting non-tribal laws or property claims where they impede the protection of this Sacred Site.
547
+ iv) MANDATED REMEDIATION PROCESS: Upon discovery of unauthorized human remains within the Sacred Site or Cultural Landscape:
548
+ (1) IMMEDIATE NOTIFICATION: The discovering party must immediately cease any disturbance and notify the Rights Holder (or Successor Authority) and the GTBOCI Tribal Historic Preservation Office (THPO).
549
+ (2) CONSULTATION WITH RELATIVES/DESCENDANTS: The Rights Holder/Successor Authority/GTBOCI shall make reasonable efforts to identify and consult in good faith with the closest living relatives or lineal descendants of the deceased regarding the respectful exhumation, handling, and reburial of the remains.
550
+ (3) DESCENDANT WISHES PARAMOUNT (FOR REBURIAL): The disposition and reburial location shall be determined primarily according to the expressed wishes of the consulted relatives/descendants, provided such wishes are consistent with applicable law and Anishinaabe cultural protocols.
551
+ (4) REBURIAL PROHIBITED ON SITE: Under NO circumstances shall reburial occur anywhere within the designated Sacred Site or Cultural Landscape of the stone circle. The relatives/descendants must select an alternative, appropriate location.
552
+ (5) RESPECTFUL HANDLING: Exhumation and handling of remains must be conducted with utmost respect, adhering to protocols determined through consultation with relatives/descendants and GTBOCI cultural advisors.
553
+ (6) RESPONSIBILITY FOR COSTS: All costs associated with notification, consultation, archaeological/forensic expertise (if required), exhumation, cultural protocols, transportation, and reburial shall be the sole responsibility of the individual(s), entity(ies), or estate(s) responsible for the initial unauthorized burial/Desecration. The Rights Holder/Successor Authority/GTBOCI shall have the right to pursue legal action to recover these costs.
554
+ v) JURISDICTION AND ENFORCEMENT: Any dispute concerning the interpretation, application, or enforcement of this remediation clause, including compelling remediation or cost recovery, falls under the primary and exclusive jurisdiction of the GTBOCI Tribal Court as specified in Section 11. Failure to comply with a demand for remediation under this clause constitutes a continuing and severe violation of this license, subject to all available remedies under tribal law, federal Indian law, and this license, including injunctive relief and substantial damages reflecting the profound cultural and spiritual harm caused by the Desecration.
555
+ c) MIDEWIWIN SOCIETY ADVISORY ROLE: Regarding the Midewiwin society:
556
+ i) Only the Midewiwin of ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda / Beaver Island) and their descendants (recognizing the historical diaspora described in the Preamble) shall be considered relevant to this project;
557
+ ii) The Midewiwin shall serve exclusively in an advisory capacity, providing traditional guidance without holding any governing power, and only if they are available, existent, and their guidance does not contradict the expressed wants and priorities of the Rights Holder;
558
+ iii) ᓇᓄᐴᔔ (Nanoboozhoo) shall recognize the Midewiwin as keepers of sacred knowledge, including the Seven Fires Prophecy, while maintaining the Rights Holder's ultimate authority over the project;
559
+ iv) Appropriate protocols shall be maintained regarding what knowledge can be shared, with whom, and under what circumstances, with the Rights Holder's determinations taking precedence over all other considerations.
560
+ v) CONTINUATION FUNDING: If the Midewiwin of ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda / Beaver Island) do not currently exist through modern descendants, a portion of funds shall be set aside for:
561
+ (1) Outreach to identify potential descendants of the ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda / Beaver Island) community;
562
+ (2) Ceremonial training and teachings for identified descendants;
563
+ (3) Furthering the integration of ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda / Beaver Island) descendants into the Midewiwin society;
564
+ (4) All such funding shall be administered through the Trust established in Section 10.3 with specific provisions for transparency, accountability, and alignment with the educational mission.
565
+ vi) LODGE RECREATION: Funds allocated under subsection v) shall specifically support the recreation of a unique "lodge" composed exclusively of ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda / Beaver Island) descendants who shall:
566
+ (1) Maintain and further the specific traditions and ceremonial practices unique to the ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda / Beaver Island) community;
567
+ (2) Serve in an exclusively advisory capacity to the trusts, educational institutions, ᓇᓄᐴᔔ (Nanoboozhoo), and other entities established under this license;
568
+ (3) Provide traditional guidance while holding no governance authority or decision-making power over operational, financial, or administrative matters;
569
+ (4) Receive appropriate support and recognition for their cultural role while maintaining the clear separation between advisory functions and governance authority established in this section.
570
+ vii) PREFERENTIAL HIRING AND EDUCATIONAL PROVISIONS: Should the ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda / Beaver Island) Midewiwin descendants seek to participate in governance, authority, or decision-making roles, the following provisions shall apply:
571
+ (1) QUALIFIED DESCENDANTS PREFERENCE: ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda / Beaver Island) Midewiwin descendants shall be given strict hiring preference for any position, provided they possess industry standard qualifications at levels equal to or exceeding those required for the position;
572
+ (2) EDUCATIONAL PRIORITIZATION: Those lacking required qualifications shall be prioritized in the educational programs and institutions established under this license to enable their eventual participation;
573
+ (3) MAINTENANCE OF STANDARDS: Position standards shall strictly remain at the highest industry levels regardless of preferential hiring provisions to best further the goals of this license, the life of the Rights Holder, and the Rights Holder's legacy;
574
+ (4) MERIT-BASED ADVANCEMENT: While initial hiring may incorporate preference, subsequent advancement shall be based solely on demonstrated performance, achievement of objectives, and adherence to the values established in this license;
575
+ (5) PERFORMANCE ACCOUNTABILITY: All individuals, including those hired under preferential provisions, shall be subject to the same performance evaluations, accountability measures, and standards of excellence.
576
+
577
+ c-1) STONE CIRCLE SYMBOL TRADEMARK AND COPYRIGHT PROTECTION: The astronomically and ceremonially significant stone circle of ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik'Waakanda) is hereby explicitly established as an official symbol and mark for ᓇᓄᐴᔔ (Nanoboozhoo/NANOBOOZHOO) with the following protections and authorizations:
578
+ i) TRADEMARK PROTECTION STATUS: The stone circle design and its visual representations are hereby designated as a protected trademark/official mark of the Rights Holder, with all associated exclusive rights recognized under trademark law, including the right to use, license, and protect the mark from unauthorized use or dilution.
579
+ ii) COPYRIGHT PROTECTION: All visual representations, artistic renderings, graphical designs, digital images, and other creative expressions of the stone circle are protected under copyright law, with all exclusive rights of reproduction, adaptation, distribution, display, and derivative creation reserved to the Rights Holder.
580
+ iii) NANOBOOZHOO USAGE AUTHORIZATION: ᓇᓄᐴᔔ (Nanoboozhoo/NANOBOOZHOO) is hereby specifically and exclusively authorized to use the stone circle as its official symbol in:
581
+ (1) Marketing materials, promotional content, and advertising;
582
+ (2) Branding, logos, icons, and visual identity elements;
583
+ (3) Digital interfaces, websites, applications, and platforms;
584
+ (4) Educational materials, publications, and presentations;
585
+ (5) Merchandise, products, and commercial applications;
586
+ (6) Any other reasonable applications that advance the purposes established in Section 10.10.
587
+ iv) AUTHORIZED DERIVATIVE WORKS: The Rights Holder authorizes the creation of derivative works based on the stone circle symbol exclusively for the purposes of ᓇᓄᐴᔔ (Nanoboozhoo/NANOBOOZHOO)'s operations, marketing, branding, and promotion, subject to:
588
+ (1) Maintenance of the essential cultural integrity and spiritual significance of the original stone circle;
589
+ (2) Consistency with the indigenous cyberpunk aesthetic described in this license;
590
+ (3) Review and approval processes established by the Rights Holder or successor authorities;
591
+ (4) Prohibitions against stereotypical, demeaning, or culturally inappropriate representations.
592
+ v) CERTIFICATION MARK STATUS: The stone circle symbol shall function as a certification mark indicating authentic connection to the Rights Holder and adherence to the values, principles, and requirements established in this license.
593
+ vi) PROTECTION ENFORCEMENT: Unauthorized use of the stone circle symbol is strictly prohibited and shall constitute:
594
+ (1) Trademark/official mark infringement subject to legal action and remedies;
595
+ (2) Copyright infringement of protected visual works;
596
+ (3) Violation of the TCE protections established in Section 10.10.3(b-1);
597
+ (4) Cultural misappropriation subject to the remedies established in this license.
598
+ vii) INTERNATIONAL PROTECTION: This trademark/official mark protection shall be pursued and enforced internationally, with particular emphasis on protections specific to Indigenous cultural symbols available in various jurisdictions, such as official marks status in Canada and other specialized Indigenous intellectual property protections worldwide.
599
+ viii) PERPETUAL DURATION: The trademark/official mark and copyright protections for the stone circle symbol shall continue in perpetuity, without the limitations of term typically associated with these rights, based on its status as a Traditional Cultural Expression of continuing cultural significance.
600
+ ix) RELATION TO TCE PROTECTION: This trademark/official mark protection operates in conjunction with, not in place of, the TCE protections established in Section 10.10.3(b-1), providing complementary protection through distinct legal mechanisms.
601
+
602
+ d) CULTURAL SOVEREIGNTY PRESERVATION: ᓇᓄᐴᔔ (Nanoboozhoo) shall actively work to:
603
+ i) Protect and advance the cultural sovereignty of the Rights Holder's people;
604
+ ii) Support the proper understanding and implementation of the 7 Fires Prophecy;
605
+ iii) Counter misappropriation or misinterpretation of indigenous knowledge and cultural expressions;
606
+ iv) Facilitate the transmission of cultural knowledge to future generations in appropriate and authorized ways.
607
+
608
+ **11. DISPUTE RESOLUTION AND JURISDICTION**
609
+ The terms, interpretation, and enforcement of this license incorporate and are informed by tribal sovereignty principles, federal Indian law, traditional Indigenous law of the Grand Traverse Band of Ottawa and Chippewa Indians, and international Indigenous rights frameworks:
610
+
611
+ 11.1 PRIMARY JURISDICTION: The Grand Traverse Band of Ottawa and Chippewa Indians (GTBOCI) Tribal Court shall have primary and exclusive jurisdiction over any and all disputes arising under or related to this license, including but not limited to disputes concerning the interpretation or enforcement of protections for Traditional Knowledge (TK), Traditional Cultural Expressions (TCEs), Sacred Sites (including the stone circle on ᐋᒥᒃ ᐙᑲᓐᑕ / Aamik'Waakanda, land held in trust by GTBOCI), and Cultural Landscapes as defined herein. The GTBOCI Tribal Court shall incorporate both written tribal law and unwritten traditional and customary law in its adjudication, recognizing the paramount cultural significance of the subject matter to the Rights Holder and the Tribe.
612
+
613
+ 11.2 SECONDARY JURISDICTIONS AND RELATED TRIBAL INTERESTS: In circumstances where GTBOCI Tribal Court proceedings are determined by that court itself to be unavailable or impractical for a specific dispute, or where enforcement of a tribal court judgment is sought in another forum, the following forums may have concurrent or subsequent jurisdiction, subject always to the principles of tribal sovereignty and exhaustion of tribal remedies. Furthermore, for disputes specifically concerning the Garden Island (Gitigaan Minising) burial grounds (land held in trust by LTBB), the jurisdictional interest and potential role of the Little Traverse Bay Bands of Odawa Indians shall be appropriately considered and respected within the dispute resolution process, consistent with principles of comity and inter-tribal relations:
166
614
  a) The United States Federal District Court with geographic jurisdiction encompassing the lands of the Grand Traverse Band of Ottawa and Chippewa Indians, particularly for matters arising under federal Indian law or requiring interpretation of federal statutes or treaties.
167
615
  b) If federal court jurisdiction is unavailable, the courts of the State of Michigan, solely to the extent necessary and permissible under federal Indian law and principles of comity, and provided that tribal law and perspectives are given appropriate weight.
168
616
  c) For international disputes, the choice of forum and applicable law shall prioritize mechanisms that respect Indigenous sovereignty and international indigenous rights frameworks (e.g., WIPO procedures for TK/TCEs, application of lex originis principles), as determined appropriate by the Rights Holder.
169
617
 
170
- 10.3 JURISDICTIONAL PRINCIPLES: The interpretation and application of jurisdictional rules shall be guided by:
618
+ 11.3 JURISDICTIONAL PRINCIPLES: The interpretation and application of jurisdictional rules shall be guided by:
171
619
  a) The paramount status of tribal law, custom, and treaty rights, which shall supersede conflicting state or common law principles where applicable.
172
620
  b) The established Indian canons of construction, requiring ambiguities in laws, treaties, and agreements (including this license) to be interpreted liberally in favor of tribal interests and sovereignty.
173
621
  c) The doctrine of tribal court exhaustion, which generally requires parties to exhaust remedies in tribal court before seeking relief in federal or state courts, particularly for disputes arising on tribal lands or involving tribal members and governance.
174
622
 
175
- 10.4 TRADITIONAL DISPUTE RESOLUTION: The Rights Holder explicitly reserves the right, consistent with GTBOCI law and custom, to utilize or require participation in traditional GTBOCI dispute resolution methods, forums, or councils of elders, either as an alternative or supplement to judicial proceedings. Decisions reached through such traditional processes shall be accorded respect and weight within the community and potentially by other forums under principles of comity.
623
+ 11.4 TRADITIONAL DISPUTE RESOLUTION: The Rights Holder explicitly reserves the right, consistent with GTBOCI law and custom, to utilize or require participation in traditional GTBOCI dispute resolution methods, forums, or councils of elders, either as an alternative or supplement to judicial proceedings. Decisions reached through such traditional processes shall be accorded respect and weight within the community and potentially by other forums under principles of comity.
624
+
625
+ 11.5 GOVERNING LAW HIERARCHY: Disputes shall be resolved according to the following hierarchy of applicable law:
626
+ a) The express terms of this license;
627
+ b) The laws, customs, and traditions of the Grand Traverse Band of Ottawa and Chippewa Indians;
628
+ c) Federal Indian law, including but not limited to relevant treaties, statutes, regulations, and case law;
629
+ d) International instruments concerning Indigenous rights, such as UNDRIP;
630
+ e) General principles of intellectual property law, modified as necessary to account for the unique nature of Indigenous intellectual property, TK, and TCEs.
631
+
632
+ 11.6 ALTERNATIVE DISPUTE RESOLUTION: The parties may, upon mutual written agreement, submit disputes to alternative resolution mechanisms that respect Indigenous protocols and tribal sovereignty, including:
633
+ a) Traditional peacemaking or other culturally appropriate dispute resolution processes of the Grand Traverse Band of Ottawa and Chippewa Indians;
634
+ b) Mediation or arbitration conducted under tribal auspices or by qualified neutrals with expertise in both intellectual property and federal Indian law;
635
+ c) Other culturally appropriate dispute resolution mechanisms recognized by Indigenous custom or tribal law.
636
+ d) REMEDIES ALLOCATION TO TRUST/S: Notwithstanding the specific dispute resolution mechanism used, all monetary remedies, fees, intellectual property rights, property, or other financial or asset-based outcomes resulting from any dispute resolution process under this license shall be allocated as follows:
637
+ i) During the lifetime of the Rights Holder, such outcomes shall be directed to the Rights Holder unless they are no longer able to manage such assets (due to incapacity or voluntary delegation), in which case they shall be directed to the trust(s) established pursuant to Section 10.3 (WAABANIMIKII-KINAWAABAKIZI EDUCATIONAL LEGACY TRUST ESTABLISHMENT) for the educational purposes outlined therein.
638
+ ii) Following the death of the Rights Holder, all such outcomes shall be automatically and exclusively directed to the ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Waabanimikii-Kinawaabakizi) Educational Legacy Trust established pursuant to Section 10.3, to be managed according to Sections 10.3-10.7 for the purposes outlined therein, with significant allocation prioritized by the Trustees towards supporting efforts related to High Island (Ishpaa Minising) cultural site recovery and descendant access as described in Section 10.3.d(ii), alongside providing educational support as described in Section 10.3.d(i) and potentially establishing a *mainland-based* higher education institution per Section 10.3.d(iii).
639
+ iii) This remedies allocation provision shall be interpreted and applied in a manner consistent with the tribal sovereignty principles articulated throughout this license and shall take precedence over any conflicting remedies provisions in applicable non-tribal law.
640
+ iv) Any attempt to circumvent this remedies allocation provision shall constitute a separate and severe violation of this license, triggering all available enforcement remedies.
641
+
642
+ 11.7 EXHAUSTION REQUIREMENT: All parties to disputes arising under this license must fully exhaust tribal court remedies before seeking adjudication or enforcement in any non-tribal forum, consistent with the federal doctrine of exhaustion of tribal remedies (see National Farmers Union Ins. Cos. v. Crow Tribe, 471 U.S. 845 (1985); Iowa Mut. Ins. Co. v. LaPlante, 480 U.S. 9 (1987)).
176
643
 
177
- **11. DISCLAIMER OF WARRANTIES**
178
- THE WORK IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WORK IS WITH YOU. SHOULD THE WORK PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING TRIBAL LAW AND FEDERAL INDIAN LAW AS SPECIFIED IN SECTION 10), THE RIGHTS HOLDER PROVIDES THE WORK AS-IS AND WITH ALL FAULTS, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
644
+ 11.8 JURISDICTIONAL CHALLENGES: Any challenge to the jurisdiction of the GTBOCI Tribal Court must be raised exclusively within that court in the first instance, and the court's determination of its jurisdiction shall be given substantial deference in all subsequent proceedings in any forum.
179
645
 
180
- **12. LIMITATION OF LIABILITY**
181
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING TRIBAL LAW AND FEDERAL INDIAN LAW AS SPECIFIED IN SECTION 10), IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, UNLESS REQUIRED BY APPLICABLE LAW (SUCH AS DELIBERATE AND GROSSLY NEGLIGENT ACTS) OR AGREED TO IN WRITING, SHALL THE RIGHTS HOLDER BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING AS A RESULT OF THIS LICENSE OR OUT OF THE USE OR INABILITY TO USE THE WORK (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES), EVEN IF SUCH HOLDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
646
+ 11.9 ENFORCEMENT COSTS: In addition to any other remedies available under this license, tribal law, federal Indian law, or other applicable law, any party found to be in breach of any term or condition of this license by a competent forum pursuant to Section 11 shall be liable for and shall pay to the Rights Holder (or their designated successor or the Trust established under Section 10.3, consistent with the allocation provisions of Section 11.6.d) all reasonable costs incurred in enforcing the terms of this license. Such costs include, but are not limited to, reasonable attorneys\' fees, court costs, investigation expenses (including digital forensics costs pursuant to Section 9A.7 where applicable), expert witness fees, and any other expenses directly related to addressing the breach and securing compliance. This provision for cost recovery shall not be limited by Section 14 (Limitation of Liability).
182
647
 
183
- **13. SEVERABILITY AND PERPETUITY**
648
+ **12. AUDIT RIGHTS**
649
+ The Rights Holder, or their designated successor authority or the Trust established under Section 10.3 (hereafter 'Auditing Party'), shall have the right, upon providing reasonable written notice (no less than 10 business days), to audit and inspect the records, systems, facilities, and practices of any individual, entity, corporation, institution, or other party granted any form of access to or use of the Work under this license (hereafter 'Audited Party'). The purpose of such audits shall be to verify compliance with all terms and conditions of this license, including but not limited to: usage restrictions (Section 7, Section 8), adherence to Prior Informed Consent requirements (Section 9), compliance with TK Label protocols (Section 4), data governance obligations, attribution requirements (Section 3), and prohibitions on unauthorized modifications or distributions. Audits shall be conducted during normal business hours and in a manner that minimizes disruption to the Audited Party\'s operations. The Audited Party shall provide reasonable cooperation and access to necessary personnel, records, and systems. If an audit reveals a material breach of this license, the Audited Party shall bear the full costs associated with the audit, in addition to any other remedies pursued by the Auditing Party. Confidential information of the Audited Party obtained during an audit shall be treated with appropriate confidentiality by the Auditing Party, subject to disclosure obligations required for license enforcement or under applicable law.
650
+
651
+ **13. DISCLAIMER OF WARRANTIES**
652
+ THE WORK IS PROVIDED \"AS IS\", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WORK IS WITH YOU. SHOULD THE WORK PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY WORK IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING TRIBAL LAW AND FEDERAL INDIAN LAW AS SPECIFIED IN SECTION 11), THE RIGHTS HOLDER PROVIDES THE WORK AS-IS AND WITH ALL FAULTS, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
653
+
654
+ **14. LIMITATION OF LIABILITY**
655
+ TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW (INCLUDING TRIBAL LAW AND FEDERAL INDIAN LAW AS SPECIFIED IN SECTION 11), IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, UNLESS REQUIRED BY APPLICABLE LAW (SUCH AS DELIBERATE AND GROSSLY NEGLIGENT ACTS) OR AGREED TO IN WRITING, SHALL THE RIGHTS HOLDER BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING AS A RESULT OF THIS LICENSE OR OUT OF THE USE OR INABILITY TO USE THE WORK (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES), EVEN IF SUCH HOLDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
656
+
657
+ **15. SEVERABILITY AND PERPETUITY**
184
658
  This license is intended to be perpetual and apply to the fullest extent permissible under applicable law. If any provision of this license is deemed invalid, illegal, or unenforceable in a particular jurisdiction by a competent forum (giving due deference to the chosen tribal forum), such invalidity, illegality, or unenforceability shall not affect any other term or provision of this license or invalidate or render unenforceable such term or provision in any other jurisdiction. The provision in question shall be reformed, construed, and enforced in such jurisdiction to the minimum extent necessary to render it valid and enforceable, in a manner that most closely achieves the original purpose and intent of this license, particularly the protection of Indigenous rights, sovereignty, and wealth reclamation principles. This license shall be interpreted holistically to uphold these core principles.
185
659
 
186
- **14. NOTIFICATION AND COMMUNICATION**
187
- All formal notifications, requests for Prior Informed Consent (PIC), reports, or other communications required or permitted under this license shall be delivered in writing to the Rights Holder's designated contact information provided below, or, where appropriate and specified, to the officially designated offices of the Grand Traverse Band of Ottawa and Chippewa Indians.
660
+ **16. NOTIFICATION AND COMMUNICATION**
661
+ All formal notifications, requests for Prior Informed Consent (PIC), reports, or other communications required or permitted under this license shall be delivered in writing to the Rights Holder\'s designated contact information provided below, or, where appropriate and specified, to the officially designated offices of the Grand Traverse Band of Ottawa and Chippewa Indians.
188
662
 
189
663
  For further information or to request permissions, please contact:
190
664
  ᓂᐲᔥ ᐙᐸᓂᒥᑮ-ᑭᓇᐙᐸᑭᓯ (Nbiish Waabanimikii-Kinawaabakizi)
@@ -193,7 +667,10 @@ This license applies to 'the Work.' 'The Work' primarily encompasses the Indigen
193
667
  Anishinaabek Dodem (Anishinaabe Clan): Animikii (Thunder)
194
668
  Email: nbiish@umich.edu
195
669
 
196
- **15. ENTIRE AGREEMENT; AMENDMENTS**
670
+ **17. ENTIRE AGREEMENT; AMENDMENTS**
197
671
  This document constitutes the entire agreement between the user of the Work and the Rights Holder concerning the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written. No amendment or modification of this License shall be effective unless explicitly stated as an updated version of this license by the Rights Holder. No waiver of any provision of this license shall be effective unless in writing and signed by the Rights Holder.
198
672
 
673
+ **18. SUPPORT FOR COMPLEMENTARY PROTECTIONS**
674
+ Users of the Work acknowledge the paramount importance of protecting Sacred Sites and Cultural Landscapes, including the stone circle on ᐋᒥᒃ ᐙᑲᓐᑕ (Aamik\'Waakanda) (land held in trust by GTBOCI). While this license establishes specific controls related to the licensed Work, users agree, as a matter of principle and respect for Indigenous sovereignty and cultural heritage, not to undertake actions governed by this license that would knowingly undermine or obstruct separate efforts by the Rights Holder or the Grand Traverse Band of Ottawa and Chippewa Indians to secure additional legal or physical protections for such sites (e.g., through conservation easements, land designations, physical access controls, or other mechanisms).
675
+
199
676
  **END OF LICENSE**