END USER LICENSE AGREEMENT - SINGLE-USE CONSTRUCTION
THIS IS A BINDING LEGAL AGREEMENT regarding the blueprint, floor plans or drawing files and the design(s) of the home design embodied within (collectively, the “Architectural Work”) that you are downloading or purchasing from Design Build Live, LLC (hereinafter referred to as “Design Build Live, LLC” or "Licensor"), for yourself, your company, your employer, or other principal (hereafter collectively referred to as “you” or “Licensee”). If you refuse to accept a contractual obligation through this license agreement, you are not permitted to access, download, or use the Architectural Work. Please thoroughly and carefully read through this Agreement before purchasing, downloading, installing and/or using the Architectural Work, ANY OF WHICH SHALL INDICATE YOUR EXPRESS AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS.
The Architectural Work licensed under this Agreement is supplied to you by Design Build Live, LLC for SINGLE-USE CONSTRUCTION ONLY, and remains the intellectual property of the author(s) of the Licensor.
Design Build Live, LLC reserve all rights not expressly granted to you under this Agreement.
Upon receipt by Design Build Live, LLC of all applicable fees, and subject to your compliance with all of the terms and conditions of this Agreement, you are granted a non-exclusive, terminable and non-transferable license to use the Architectural Work in accordance with the following terms and conditions. You may not exceed the scope of this license. If you have negotiated and agreed to any additional terms and conditions, those must be in writing and signed or sent by Design Build Live, LLC, and must incorporate this Agreement by reference.
PERMITTED INSTALLATIONS AND USES
Use of the Architectural Work is strictly and explicitly single-use construction, declared and paid for at time of purchase. Any additional use of the Plan, or any other plan owned by the Licensor, is subject to additional licensing fees. Licensee agrees to contact Licensor for details on re-use fees and/or multiple use programs prior to the construction of any additional residences.
Use of the Architectural Work in the creation of design works for your personal use is permitted. You may not allow any third party to use your copy of the Architectural Work. You may not send or transfer the Architectural Work, or any copy of the Architectural Work, to any third party. You may use the Architectural Work to print multiple copies of the blueprints or drawings for the sole purpose of building one structure. Licensee agrees to contact Licensor for details on re-use fees and/or multiple use programs prior to the construction of any additional residences.
Licensee shall have the right to customize the Plan, as necessary, to obtain a building permit for the construction of the single home at the above-referenced address. Customizations may be made to the Plan to comply with local building code requirements, material requirements and personal customizations. All customized versions of the Plan shall prominently bear Licensor's copyright.
If customizations are made to the Plan, Licensee acknowledges that the original Plan, together with any customizations or changes to the Plan, remain the property of Licensor. Licensor is free of any and all liability associated with customizations made to the Plan. Any discrepancies or changes of any nature to the Plan is the sole responsibility of the Licensee and anyone involved in the redesign process.
Licensee acknowledges that this License cannot be transferred or assigned to any other party. Licensee further acknowledges that Licensee cannot sell the Plan. Any subsequent sale of the Plan is a violation of this License Agreement and U.S. Copyright Law. Licensee understands that the penalty for copyright infringement is severe and can include an award of statutory damages against an infringer of up to $150,000.00 per infringement, plus attorney fees. In the alternative, a copyright holder can recover its actual damages plus the infringing party's profits derived from the infringement.
ONE ARCHITECTURAL WORK BACK-UP
You are permitted to keep a single backup copy of licensed Architectural Work in the cloud, locally on a desktop, laptop or mobile device, or on a studio server. You must be the only party who maintains or has access to this backup copy. The Architectural Work, or any portions thereof, may not be sub-licensed, sold, leased, rented, lent, or given away to any other person or entity.
In the event that you require the services of a service provider, such as a commercial printer, you are permitted to transfer a single copy of the required Architectural Work to that specific service provider. Upon completion of your job, the service provider must delete the Architectural Work or purchase their own license. It is your responsibility to inform the service provider about this requirement. Allowing use of the Architectural Work by any third party in ANY OTHER CIRCUMSTANCE is prohibited.
You are not permitted to embed or otherwise include the Architectural Work within a PDF, PowerPoint, Word or similar-type electronic document, distributed physically or online for personal or commercial use. You may not use the Architectural Work to create a trademark/logo for a brand without altering it in some way--it’s already copyrighted as is. You may not use the Architectural Work in "print-on-demand" products and/or services including, but not limited to, physical goods for retail sale such as T-shirts, greeting cards, mugs, postage stamps, stickers, post cards, business cards, invitations on a customized, per order basis for retail sale such as by way of, but not limited to, Café Press, Zazzle, or other similar services. If you need an extension for this type of use, please contact us for a quote.
You may not use the Architectural Work in pornographic, fraudulent, obscene, immoral, infringing, illegal, blasphemous or defamatory material. You may not sell, sublicense, distribute or otherwise grant rights of any kind to the Architectural Work. You may not make the Architectural Work available to others in any way, including as a downloadable file, an email attachment, MMS message or via any other electronic method that exists now or in the future. You may not modify, adapt, translate, rent, lease, resell, distribute, produce, reverse engineer, decompile, disassemble, re-digitize or create derivative works based on the Architectural Work that you then make available as editable files.
The Architectural Work is licensed—not sold—to you by Design Build Live, LLC on behalf of the author, and is licensed for use in accordance with the terms of this Agreement. As a licensee, your ownership of the structure which the Architectural Work is recorded, if any, is distinct from and does not grant any right, title or interest in and to the design of the Architectural Work itself. All copies of the Architectural Work downloaded or installed, including copies of any Architectural Work that accompany this document either as part of a downloaded file or on recorded media, such as, but not limited to, magnetic or optical media, remain the exclusive property of Design Build Live, LLC and/or the author. The Architectural Work and the design embodied therein are the exclusive property of Design Build Live, LLC and/or the author and are protected under both domestic and international copyright, trademark and unfair competition laws. The various names of the Architectural Work and the design within the Architectural Work are the trademarks of Design Build Live, LLC or the author. All other trademarks are the property of their respective owners, and may be registered in the United States or other jurisdictions. Except as stated herein, this Agreement does not grant you any rights to trademark or any other intellectual property rights in the Architectural Work.
Copyright and licensing of home plans for construction exists to protect all parties. It respects and supports the intellectual property or the original designer. Copyright law has been reinforced over the past few years. Willful infringement could cause settlements for statutory damages up to and not limited to $150,000.00 plus attorney’s fees, damages and loss of profits. Illustration or working drawings by any means is strictly prohibited. Although we make every effort to ensure the accuracy of our plan information, we reserve the right to make corrections on our floor plans or elevations if changes occur.
If your use of the Architectural Work is displayed in any format including, but no limited to, video, movie, television show, awards ceremony, online or printed photographs or other media, you agree to credit Design Build Live, LLC in the following manner: (Project Name) © Design Build Live, LLC www.design-build-live.com.
Any breach of the terms of this Agreement shall be cause for termination of this License. In the event of termination, and without limitation of any remedies under law and equity, you agree to immediately return or destroy the Architectural Work, at the discretion of Design Build Live, LLC, and certify that no copy remains in your possession or control.
COMPLIANCE WITH LAWS
You shall be responsible for your compliance with all laws relating to the control of exports or the transfer of technology in connection with any use and distribution of the Architectural Work. The Architectural Work and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the government, governmental authorities, its employees or vendors may be subject to restrictions set forth in federal law and regulations. If applicable, you hereby agree to familiarize yourself and adhere to any applicable rule, regulation or statute that may apply.
Design Build Live, LLC maintains a NO RETURN policy. Because our plans are copyrighted and registered to the purchaser, we cannot allow refunds. Please be sure of your selection before ordering, and feel free to contact our office at firstname.lastname@example.org to discuss any concerns you may have before ordering.
Structural engineering is not included with our plans. We strongly recommend you have your plans reviewed by a local structural and truss engineer to ensure your plans will fully satisfy local building codes and be expediently approved. Different locations have different conditions, such as hurricanes or earthquakes that homes need to be able to withstand. A local expert familiar with your specific locale is best prepared to ensure your plans meet the requirements of your area. Please remember to verify if your municipality requires a licensed Architect to stamp and seal the plans. You will need to arrange this if it is required in your area.
REVOCATION OF WARRANTIES
SUBJECT TO THE REPRESENTATIONS AND WARRANTIES STATED HEREIN, THE ARCHITECTURAL WORK IS PROVIDED "AS IS" AND WITHOUT FIDUCIARY OBLIGATION TO YOU AND OTHER WARRANTIES OF ANY KIND. DESIGN BUILD LIVE, LLC AND THE AUTHOR OF THE ARCHITECTURAL WORK EACH HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DESIGN BUILD LIVE, LLC DOES NOT WARRANT THAT THE OPERATION OF THE ARCHITECTURAL WORK WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE ARCHITECTURAL WORK IS WITHOUT DEFECTS. THE ARCHITECTURAL WORK IS NOT INTENDED AND WAS NOT DESIGNED OR MANUFACTURED FOR USE IN ANY CIRCUMSTANCES WHERE THE FAILURE OF THE ARCHITECTURAL WORK COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. THE ARCHITECTURAL WORK IS NOT FAULT TOLERANT AND IS NOT INTENDED FOR USE IN THE CONTROL OR OPERATION OF DEVICES OR EQUIPMENT FOR MANUFACTURING, OR FOR USE IN NAVIGATIONAL DEVICES. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
LIMIT OF LIABILITY
IN NO EVENT WILL DESIGN BUILD LIVE, LLC BE LIABLE TO YOU FOR CONSEQUENTIAL OR INCIDENTAL DAMAGE (INCLUDING DAMAGE FROM LOSS OF BUSINESS PROFITS OR SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) OR FOR CLAIM BY ANY PARTY ARISING OUT OF THE USE OF OR INABILITY TO USE THE ARCHITECTURAL WORK, EVEN IF DESIGN BUILD LIVE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES, SUBJECT TO THE CONDITIONS NOTED HEREIN, SHALL DESIGN BUILD LIVE, LLC OR THE AUTHOR'S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE REPLACEMENT COST OF THE ARCHITECTURAL WORK OR THE PROVISION OF SUBSTITUTE SOFTWARE, AT THE SOLE DISCRETION OF DESIGN BUILD LIVE, LLC. THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD DESIGN BUILD LIVE, LLC AND DESIGN BUILD LIVE, LLC'S SUPPLIERS INCLUDING ANY AUTHORS OF THE ARCHITECTURAL WORK HARMLESS FROM AND AGAINST ANY LOSSES, DAMAGES, EXPENSES, AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, FROM ANY CLAIM BY A THIRD PARTY ARISING FROM OR RELATED TO YOUR BREACH OF THIS AGREEMENT OR YOUR ACT, ERROR, OR OMISSION.
This Agreement will be governed by the laws of the State of West Virginia (USA) as applies to contracts entered into and wholly performed therein without application of its conflict of law provisions or the conflict of law provisions of any other jurisdiction. You hereby expressly consent to the personal jurisdiction of the local, state or federal courts within West Virginia selected by Design Build Live, LLC for the hearing or resolution of any dispute or action arising out of or related to this License and you hereby further expressly waive any jurisdiction or venue defenses and agree to services of process by certified mail return receipt requested. All remedies are cumulative and not exclusive.
You acknowledge that you have read this agreement and understand it and that by using the Architectural Work, you will be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between Design Build Live, LLC and you which supersedes any proposal or prior agreement, oral or written, and any other communications between any other party relating to the subject matter of this Agreement. No variation of the terms of this agreement or any different terms will be enforceable against Design Build Live, LLC unless Design Build Live, LLC gives its express written consent. If any provision of this agreement is held void or unenforceable, that provision will be enforced to the maximum extent possible and the remaining provisions of this agreement will remain in full force and effect. In the event any collection or enforcement effort or any legal action is instituted by Design Build Live, LLC to interpret or enforce this Agreement, you will be responsible for paying reasonable attorneys’ fees incurred by Design Build Live, LLC. If you are an Architect, Engineer or Company and Design Build Live, LLC brings any enforcement effort or legal action against any third party for whom you work, arising from your obligations in this Agreement or the violation by that third party of any applicable restrictions or obligations in this Agreement, you will be responsible for paying reasonable attorneys’ fees incurred by Design Build Live, LLC. This Agreement will not be construed against any party by reason of the drafting or preparation hereof. Design Build Live, LLC expressly reserves the right to amend or modify this Agreement at any time and without prior notification.