BY ORDERING, ACCESSING, OR BY OTHERWISE USING THE LICENSED PRODUCT YOU AGREE TO THE TERMS OF THIS END USER LCENSE AGREMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT ORDER OR USE THIS LICENSED PRODUCT. THIS EULA CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY AND EXCLUSIVE REMEDIES. THE PROVISIONS BELOW FORM THE ESSENTIAL BASIS OF OUR AGREEMENT BETWEEN YOU (THE LICENSEE) AND HUMBLE HOMES (THE LICENSOR).
1. CONDITIONS OF SALE
This is not a sale of the original documents. Humble Homes retains ownership of the Licensed Product and all copies made of the document, regardless of their format. The Purchaser agrees to comply with all local codes and building regulations. At their time of creation, all plans comply with a recognised building code, however due to the variation of local and state building codes, and their constant revision and development, absolute conformance to the Licensees locality is impossible. Humble Homes authorises the sale and use of the Licensed Product upon the Licensees obligation and agreement to comply with all applicable code and regulation requirements.
The Licensee agrees to check and verify all dimensions and materials before construction. Due to regional variations, Humble Homes cannot and does not guarantee the availability of any products or materials suggested or specified in the Licensed Product.
The Licensed Product contains construction drawings. Plans assume general construction knowledge, including but not limited to roofing, electrical, plumbing and framing knowledge. Plans are designed to satisfy generally accepted professional standards and practices. Plans have been created without any knowledge or reference to the Licensee’s specific site or local codes. Site specific conditions may include, but are not limited, frost line depth, seismic activity, soil bearing capacity, high wind zones etc. Code requirements may include, but are not limited to, safety requirements, such as, stair width, rise and run, emergency egress windows and routes, smoke and carbon monoxide detectors etc. Material strengths may also vary. 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.
HUMBLE HOMES – including anyone who has been involved in the creation, development, production or delivery of the Licensed Product – shall not be liable for any direct, indirect, consequential, or incidental damages.
We grant to you a non-exclusive, non-transferable license solely for your personal use. This license grants you the right to construct a single house only. You have the right to access electronically, use and display the House Plans on a single workstation. Up to five (5) hard copies of the House Plans may be printed for your personal use only. Customisations must be confirmed by a licensed structural engineer and approved for use by your local building authority. A single back-up copy of the Licensed Product is permitted. Your rights in the Licensed Product shall be limited to those expressly granted in this Agreement. Any use which transcends the scope of this license shall be deemed to constitute a breach of this Agreement. As the Purchaser, you agree to check and verify all dimensions and materials before construction. Due to regional variations, Humble Homes cannot and does not guarantee the availability of any materials or products suggested or specified in the Licensed Product. These documents could include technical or other inaccuracies and errors. Humble Homes assumes no liability for errors or omissions in these documents and reserves the right to make changes at any time. Humble Homes assumes no responsibility for any alterations made to the Licensed Product, nor do we make any warranties, either expressed or implied, in the use of the Licensed Product. Use of this Licensed Product as is, without adaption to changes in codes, standards and practices, environmental conditions and other factors is at the Licensee’s own risk.
You shall not modify, duplicate, share, 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 Humble Homes 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, nor is the Licensed Product permitted for use by third parties for commercial benefit. Personal customisations (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. The distribution of up to five (5) hard copies to contractors building a single house on your behalf is permitted. Contractors must not use the Licensed Product to build any house other than your house. Upon completion of your house, all hard copies must be returned or destroyed. Noncompliance with the restrictions of this Section constitutes a breach of this Agreement.
5. 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 back-ups of the Licensed Product.
You agree to pay an up-front 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.
7. PROPRIETARY INFORMATION AGREEMENT
You agree to keep completely confidential and agree to the nondisclosure or publishing of the proprietary information in this document. Proprietary Information includes all non-public information related to Humble Homes 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.
8. LIMITED WARRANTY
We warrant that the electronic delivery format of the Licensed Product will be free of defects for a period of 7 days. Misuse of the Licensed Product in its electronic format will and does constitute a breach of this limited warranty. In such situations the Licensee will not receive a replacement copy of the Licensed Product as stated in the REMEDY.
9. 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 HUMBLE HOMES 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. IF ANY IMPLIED WARRANTY CANNOT BE DISCLAIMED IN ANY TERRITORY WHERE A SERVICE OR PRODUCT IS SOLD, THE DURATION OF SUCH IMPLIED WARRANTY SHALL BE LIMITED TO THE DURATION OF THE APPLICABLE WARRANTY PERIOD OF SEVEN DAYS.
Upon notice (either electronic or written) 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.
You will, at your own expense, indemnify and hold Humble Homes, 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.
12. 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.
COPYRIGHT & TRADEMARK INFORMATION
Humble Homes products and services are protected by United Kingdom Copyright Law, EU Copyright Directive and International Treaty Provisions.
Humble Homes and the Humble Homes logo are trademarks and service marks of The Humble Homes Company. All other brand and product names are trademarks, registered trademarks or service marks of their respective holders.