limited license agreement
Thank you for allowing us to be part of your home plan purchasing experience. We want to take this opportunity to explain important information about our copyright. By providing you with the facts, we hope to clarify any confusion and exclude you from legal trouble.
By the purchase of any plan herein, you agree to the terms and become obligated under this Agreement.
HOW CAN I AVOID LEGAL ACTION?
HOME PLANS ARE COPYRIGHTED!
Nicolelli Architects, LLC owns and holds the copyrights to the pre-designed Plans on this web site. The Plans are protected by the Architectural Work Copyright Protection Act of 1990. When purchasing a set of plans, in return for payment of a one-time fee, we grant the buyer a non-exclusive, non-transferable, limited license to use the Plans for the construction of one house.
Just like books, movies, and songs, federal copyright laws protect the intellectual property of architects and home designers by giving copyright protection to home plans and designs. The copyright laws prevent anyone from reproducing or reusing the plans or design without written permission from the copyright owner.
DON’T COPY DESIGN OR FLOOR PLANS FROM ANY PUBLICATION, ELECTRONIC MEDIA OR EXISTING HOME.
It is illegal to create construction drawings of home designs found in any plan book, CD-ROM or on the Internet. It is a common misunderstanding that it is permissible to copy, adapt or change a floor plan or design found in any media. It is not. It is also illegal to copy a constructed home that is protected by copyright, even if you have never seen the plans for the home. If a particular home plan or existing home is desired, plans must be purchased from an authorized source.
Plans are provided ‘as is’. Use of the Plans is at your own risk. You solely assume all risk related to the construction of your house based on the Plans. We make no warranty that the Plans (a) will satisfy the codes and regulations in your area; (b) will remain accessible and free of technical problems; (c) will meet all your needs, or result in a satisfactory outcome; (d) will be accurate, current, complete, and free from any errors.
ALL PRODUCTS AND SERVICES PROVIDED BY Nicolelli Architects, LLC 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.
BUILDING MORE THAN ONE HOME FROM A SET OF PLANS IS AN INFRINGEMENT OF COPYRIGHT.
The purchase of a PDF or CAD drawing format does not give you the right to construct more than one home. Contact our office to determine if a reuse fee applies to your order and can be paid to receive another license to build the home.
PLANS CANNOT BE COPIED OR REPRODUCED, EXCEPT FOR THE USE ONLY BY THE LICENSEE (YOU).
By providing you with PDF or CAD drawings, we expect you to run multiple prints to construct the home. However, these are NOT to be used by anyone else, and as noted above, all plans are strictly subject to © protection.
MODIFICATION TO PLANS.
You may want to make some revisions to adapt to your specific needs, and some states require the Plans to be sealed and/or redrawn by a professional (architect or engineer) licensed in that state. Even if you make modifications to a copyrighted design and/or have the plans completely redrawn, the modified design is not free from the original designer’s copyright. In addition, in exchange for receiving these plans the purchaser agrees to waive or release Nicolelli Architects, LLC of any liability arising from such changes, and you accept full responsibility for the accuracy and integrity of any changes or modifications. You, the purchaser, are responsible for any charges incurred for modifications or to meet local codes.
WHO IS RESPONSIBLE FOR COPYRIGHT INFRINGEMENT?
Any party who participates in the violation may be responsible whether you were aware of the copyright or not. Ignorance of the law is not a valid defense. Refuse to be part of any illicit copying or use of designs, derivative works, prints, or design features by being certain of the original design source.
PENALTIES FOR INFRINGEMENT.
Penalties for copyright infringement can be quite severe. Violators may be required to pay statutory damages up to $150,000.00, actual damages, profits made, and the designer's reasonable attorney fees.
THE PLANS MAY NOT BE USED BY, TRANSFERRED OR RESOLD TO ANOTHER PERSON.
Your payment of a fee for use of the Plans does not transfer any right, title or interest in the Plans, except as provided in the license agreement. You may allow all or any part of the Plans to be utilized by third parties including associates, contractors and sub-contractors, but only as is necessary to assist you in the construction of the home depicted by the Plans. You agree to retrieve and protect from use or copying all loaned Plans after assistance is completed. The above applies also to any of the option packages to the plans used now or in the future.
When you modify a home plan, the new plan is considered a derivative of the copyrighted work. The copyright owner of the original work also owns the copyright to the derivative work. Even if changes are made to a plan and you want to build the home multiple times, you must pay the applicable reuse fees or have a license of the original plan to build the home multiple times. You must also display the copyright owner’s copyright notice when displaying the plan and/or derivative plan.
ALL SALES FINAL.
Sales of house construction sets are final. No refunds or exchanges will be given once your order has been processed. Please select carefully.
WHAT ELSE SHOULD I KNOW?
At the time of creation, your Plans conformed to the 2006 International Residential Code for One- and Two-Family Dwellings. Consult a local mechanical contractor to ensure compliance with your local codes and to ensure that the correct size, type of equipment and building assembly is used for your particular region and climatic conditions.
We hope this information has been helpful. We value your business and appreciate your support in protecting our work. If you have any questions about our plans or the License Agreement, please contact us at 612.360.7449 or e-mail us or fill out our form on the Contact Us page.
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