Terms & Agreements
This License Agreement (“Agreement”) is made by and between Eco-Haus (“Licensor”) and the party checking the box "I agree to the terms and conditions" (Licensee) and concerns the grant of a license to use certain plans and specifications copyrighted by Licensor.
I. GRANT OF LICENSE
Licensor grants to Licensee a non-exclusive license to use the Plans and Specifications identified below for the sole purpose of constructing one unit from these documents. The unit must be constructed within 1 year from the date of the license, and if not so constructed, this license shall expire. Licensor reserves all rights to the Plans and Specifications not expressly granted to Licensee by this Agreement.
II. PLANS & SPECIFICATIONS
The Plans and Specifications shall mean the plans and specifications identified in the Contract that is a part of this Agreement.
Licensee shall pay Licensor a one-time license fee identified in the Contract that is a part of this Agreement. Upon receipt of payment and execution of this Agreement, Licensor shall provide Licensee one copy of the Plans and Specifications in hard copy/print format.
IV. RIGHT & OWNERSHIP
Licensor owns the Plans and Specifications and has registered a copyright for the Plans and Specifications. The grant of the license under this Agreement allows Licensee to make additional copies of the Plans and Specifications, but only for purposes necessary to construct the one unit authorized by this license. Any other copying or any use of the Plans & Specifications other than for constructing the one unit shall be a violation of this Agreement and infringement of the copyright, subjecting the Licensee to liability as provided by law.
V. LIMITATIONS ON USE
The Plans & Specifications do not account for specific local conditions and local building codes, land use laws and other rules and regulations governing the construction of structures, including without limitation, frost line/depth, soil bearing capacity, seismic and wind zones, slide zones and other unstable soil conditions, and life safety requirements such as stair width, stair rise and run, egress windows, smoke detectors and other safety requirements. Licensee agrees to consult with a local engineer or architect to determine local legal requirements and local environmental conditions before constructing the unit. The Plans and Specifications may require modifications to meet the local legal requirements and local environmental conditions and Licensee is authorized to make such modifications, provided that such modifications are made at Licensee’s sole risk without liability to Licensor. Licensee is solely responsible for compliance with all legal requirements and for constructing the unit to address local environmental conditions.
VI. NO WARRANTIES
Licensor makes no express or implied warranties regarding the Plans & Specifications, including without limitation warranties relating to merchantability, fitness for a particular purpose, and habitability. In addition, Licensor will not observe construction and cannot warrant or express an opinion as to whether the actual construction of the unit complied with the Plans and Specifications and will not be responsible for the construction means, methods, techniques, sequences, procedures or safety precautions undertaken by the builder.
VII. LIMITATION OF LIABILITY
To the fullest extent permitted by law, Licensee expressly agrees that Licensor’s maximum liability to Licensee for claims arising from this Agreement shall be the license fee paid for the license of the Plans & Specifications As used in this paragraph, the term "liability" means liability of any kind, whether in contract (including breach of warranty), in tort (including negligence), in strict liability, or otherwise, for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of or in any way related to the use of the Plans & Specifications and this Agreement and due to the acts of Licensor, its officers, directors, and employees from any cause(s). Licensor shall not be liable for any claims of loss of profits or any other indirect, incidental, or consequential damages of any nature whatsoever.
To the fullest extent permitted by law, Licensee agrees to defend, indemnify, and hold Licensor, its officers, directors and employees harmless from and against any and all claims, defense costs, including attorneys' fees, damages, and other liabilities arising out of or in any way related to this Agreement provided that Licensee shall not indemnify Licensor against liability for damages to the extent caused by the negligence or intentionally wrongful acts of Licensor (understanding that such damages incurred by Licensee are capped by the Limitation of Liability in VII above).
IX. INTERPRETATIONS & ENFORCEMENT
Interpretations and enforcement of this Agreement shall be governed and construed in accordance with the laws of the State of Washington without regard to conflict of law principals. All legal actions by either party against the other party shall be barred after one year has passed from the execution date of this Agreement. In the event of litigation between the parties, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs.
X. ENTIRE AGREEMENT & PRECEDENCE
This Agreement represents the entire agreement between the parties regarding the subject matter of the license and supersedes and takes precedence over any inconsistent or contradictory provisions contained in any marketing materials. oral statements, purchase order or other document or representation regarding the Plans and Specifications.