LIMITED LICENSE AGREEMENT
Date:
Customer Name (“Client”):
Plan Name and Plan Number (“Plan”):
Architect (“Architect”):
Client’s signature and purchase of the Plan(s) documents indicates Client’s acceptance of all terms and conditions of this Limited License Agreement as stated below.
Architect is willing to license the Plan(s) documents to Client only upon the condition that Client accepts all of the terms contained in this Limited License Agreement. Please read the terms carefully. Architect grants Client a limited non-exclusive license to use the copyrighted drawings and/or CAD files of the Plan(s) named above, as follows:
A. General Use of the Plan(s)
1. Purchase of the Plan(s) grants a limited, non-transferable, non-exclusive license to Client to build the home depicted in the Plan(s) one time and one time only. Subject to Architect’s expressed, advance written permission, a re-use fee as determined by and payable to Architect will be required if Client wishes to build the home depicted in the Plan(s) more than one time.
2. Client is hereby granted permission to modify the Plan(s); however, copyright to the Plan(s) remains the sole property of Architect. No permission is given to claim copyright on the original or any modified Plan(s). Client will provide Architect one (1) printed copy of final modifications made to the Plan(s) upon commencement of construction.
3. The original and/or modified Plan(s) may not be sold, distributed or otherwise transferred without the express written consent of Architect, and appropriate compensation to Architect.
4. Client is hereby granted permission to reproduce the Plan(s), but only in connection and as required for the construction of one (1) home as described in the Plan(s) subject to this Limited License Agreement.
5. Drawings, sketches and specifications are instruments of service and remain the property of Architect, whether the project for which they are prepared is executed or not. They may not be used in whole or in part on other projects, or to complete a project without the express written consent of Architect and with appropriate compensation to Architect, as determined by Architect.
6. Client agrees to hold harmless and indemnify Architect from and against all claims, liabilities, losses, damages and costs, including attorney’s fees, arising out of or connected with the use, construction, conversion, modification, misinterpretation, misuse, or reuse by Client or others of the Plan(s), electronic files, drawings and data provided by Architect under this Limited Licensing Agreement.
7. The Plan(s) is protected by Federal Copyright Laws. Any use of the information contained therein beyond the one-time use authorized to Client by this Limited Licensing Agreement, or any duplication, publication, sale or distribution of any part of the Plan(s) without the prior written consent of Architect represents a violation of Federal Laws, and Client is subject to prosecution and the prescribed penalties to the full extent as provided thereunder.
8. Any use of the Plan(s), and/or modifications of the Plan(s), by Client, builders or others on Client’s behalf is done at their own risk. Licensee is strongly advised to have the Plan(s) reviewed by a local professional Architect or engineer before the start of any construction. The information contained within the Plan(s) is to indicate design intent and basic construction detailing. It is Client’s responsibility to ensure that Client has obtained the proper professional assistance to provide standard construction details and practices, which will result in a structurally sound and weatherproof finished product.
B. Content of the Plans
1. The Plan(s) provided by Architect may include reference plan, or not include any plans of plumbing, heating or air conditioning systems due to the wide variety of local codes and climatic conditions. Licensee should have a local electrical engineer, mechanical engineer or builder provide these drawings as may be required for permits and construction.
2. Any structural foundations and / or framing plans and associated details included are provided as a basic guide for typical structural systems. Any structural information shown is not site or location specific. Licensee should have a local Architect or licensed engineer review these plans and provide site-specific structural engineering and foundation design if found necessary.
3. The plans provided by Architect are not stamped or signed by Architect or engineer. Local building codes, laws, regulations, or departments may require the plans to be signed and stamp by an engineer and/or Architect.
4. The Plan(s) provides ideas and concepts and is not intended to be complete in all respects and details. Variations in standard sizes of window and door brands and types and use of different materials and thicknesses can change details. Varying local codes, ordinances, regulations, foundation requirements, and the layout of electrical, mechanical, and plumbing systems can also change details.
C. Builder’s Responsibility
1. It is the responsibility of Client’s builder to assure that all work is in accordance with the latest edition of all applicable Nation, State, and Local Building Codes. It is Client’s builder’s responsibility to assure that all work is in accordance with the latest edition of all applicable Construction Standards.
2. It is the responsibility of Client’s builder to assure that all manufactured articles, material, and equipment are applied, installed, connected, erected, used, cleaned, adjusted, operated and conditioned as directed by the manufacturers. Client’s builder shall follow all instructions to sustain and preserve all expressed or implied warranties and guarantees.
3. It is the responsibility of Client’s builder to assure that all materials, equipment and components are new and of good quality.
4. It is the responsibility of Client’s builder to check all dimensions and details for overall accuracy appropriate to the local conditions and the final selection of materials such as masonry, floor joists, lumber, structural members, construction panels, roofing, etc., all of which can create variations in dimension and details. For example, if standard lumber joists are used in place of engineered floor joists, the floor-to-floor or floor-to-ceiling dimension would vary from the Plan(s), and require revised stair dimension and framing.
D. Disclaimer
1. Architect has created the Plan(s) with a Standard of Care in accordance with generally accepted design practices. Notwithstanding Architect’s compliance with this standard of care, Client can normally anticipate that some changes and adjustments in the project will be required in order to correct any possible errors and omissions in the Plan(s) documents. Such changes are not indicative, and may not be construed as negligence on the part of Architect.
2. Names of materials and manufacturers shown on the Plan(s) do not necessarily represent an endorsement or recommendation by Architect. Final selections of materials are the responsibility of the Client and/or Client’s builder, including but not limited to proper installation of materials, nailing, gluing, caulking, insulating, flashing, roofing, weatherproofing and many other small items and details not necessarily indicated on the Plan(s), and over which Architect has no control or responsibility. Architect shall not be held liable for any errors, omissions, or deficiencies in any form by any party whatsoever.
3. The Plan(s) purchased by Client do not have an architectural or engineering signature, seal and/or stamp. Client will consult the local building official who can tell Client if a review of the Plan(s) by a licensed Architect or engineer is required prior to submission of the Plan(s) for a building permit. All Plan(s) are designed to meet building codes in effect at the time and place they were created by Architect. Because of the great differences in geography and climate throughout the United States and Canada, each state, county, and municipality has its own building codes, zone requirements, ordinances, and building regulations. The Plan(s) may need to be modified to comply with local requirements. In addition, Client may need to obtain permits or inspections from local governments before and in the course of construction. Architect authorizes the use of the Plan(s) on the express condition that Client will consult a local licensed Architect or engineer of Client’s choice prior to beginning construction, and strictly comply with all local building codes, zoning requirements, and other applicable laws, regulations, ordinances, and requirements.