End User License Agreement
IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY: This Cob House End-User License Agreement (“EULA”) is a legal agreement between you (hereinafter “Licensee”) and This Cob House (hereinafter “we”, or “us”). By ordering or otherwise using the Licensed Product, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, please do not purchase our Licensed Product.
1. PLANS
The Licensed Product contains building plans for the construction of a tiny cob house. Plans assume general construction knowledge, including but not limited to cobbing, framing, roofing, and electrical knowledge. Our plans are designed to satisfy generally accepted professional standards and practices, but have not been checked for compliance with any specific site or local codes. It is the responsibility of the Licensee to ensure that the plans meet local codes and site specific requirements. We recommend consulting with your local building authority before the construction of any structure.
2. PLAN LICENSE
We grant to you a nonexclusive, nontransferable license which grants you the right to (a) access electronically, use and display the house plans on a single workstation, (b) construct a single house for personal use, ( c) customize the plans for personal use, and (d) make a single backup of the licensed product for contingency purposes. Any use which exceeds the scope of this license shall be deemed to constitute a breach of this agreement.
3. RESTRICTIONS
You shall not distribute, share, duplicate, sublicense, rent, lease, loan, distribute or use to create derivative works based on information provided in whole or in part. Any reproduction, without the express written consent of This Cob House is strictly prohibited and is prosecutable by law. The Licensed Product is not to be used in a network, or in any other multiple use arrangement. Third parties are not to have electronic access to the Licensed Product. The Licensed Product is not to be used for commercial benefit. Personal customizations (within the limits expressed by the LICENSE) are not to be shared with any third parties for commercial benefit. Third parties are not permitted to reverse engineer your house after its construction. Any failure to abide by the restrictions set forth in this Section shall expressly constitute a material breach of this Agreement.
4. TERM & TERMINATION
This Agreement commences as of the date upon which you pay the license fee. This Agreement will be automatically terminated in the event you breach any term or condition of this Agreement. Exceeding the confines of the license shall constitute a breach of this Agreement. Upon any breach, the non-exclusive license granted to you shall be terminated, and you shall have no further right to access, electronically, use, display, print, reproduce, copy, or create archival backups of the Licensed Product.
5. PAYMENT
You agree to pay an upfront license fee. The license fee is due and payable upon your acceptance of this Agreement. All sales are final. There shall be no refunds issued for any reason.
6. PROPRIETARY INFORMATION AGREEMENT
You agree to keep completely confidential and agree not to disclose or publish any of the proprietary information furnished by us. Proprietary Information includes all non-public information related to This Cob House and the Licensed Product, including but not limited to trade secrets, design, technical drawings or blueprints, specifications, ideas and concepts. Proprietary Information does not include information which was (a) in your knowledge or possession prior to the purchase of the Licensed Product; (b) in the public domain; (c) disclosed to you by a third party with the right to make such a disclosure; or (d) developed by you independently.
7. LIMITED WARRANTY
We warrant that the electronic delivery format of the Licensed Product will be free of defects for a period of 7 days.
8. DISCLAIMER OF ALL OTHER WARRANTIES
The Licensed Product is provided ‘as is’. Use of the Licensed Product is at your own risk. You solely assume all risk related to the construction of your house based on the Licensed Product. We make no warranty that the Licensed Product (a) will satisfy the codes and regulations in your area; (b) that your actual costs will not vary from the estimated construction costs; (c) will remain accessible and free of technical problems; (d) will meet all your needs, or result in a satisfactory outcome; (e) will be accurate, current, complete and free from any errors. ALL PRODUCTS AND SERVICES PROVIDED BY THIS COB HOUSE ARE PROVIDED “AS-IS”. EXCEPT AS PROVIDED IN THE LIMITED WARRANTY ABOVE, WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY, SELECTION AND PERFORMANCE OF THE PRODUCT IS WITH THE PURCHASER OF THE PRODUCT.
9. REMEDY
Upon written notice from the Licensee of a defect in the delivery format of the Licensed Product, our liability and your exclusive remedy shall be to receive a replacement copy of the Licensed Product in the same electronic delivery format at no additional charge. The replacement copy of the Licensed Product shall remain warranted for the remainder of the original duration of the Limited Warranty.
10. INDEMNIFICATION
You will, at your own expense, indemnify and hold This Cob House, and its subsidiaries and affiliates, and all officers, directors, and employees thereof, harmless from and against any and all claims, actions, liabilities, losses, damages, judgments, grants, costs, and expenses, including reasonable attorneys’ fees (collectively, “Claims”), arising out of any use of the Licensed Product by you, any party related to you, or any party acting upon your authorization in a manner that is not expressly authorized by this Agreement.
11. LIMITATION OF LIABILITY
Our liability under this Agreement shall be limited to the total fees paid to us according to this Agreement. Under no circumstances shall we be liable for any incidental, consequential, indirect, and special or punitive damages. In addition, we shall not be liable for any lost profits, arising out of, or related to this Agreement, regardless if we have been informed of the possibility previously stated, and regardless of whether the claim is based on contract, tort, or another theory or cause of action.
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