License Agreement
This Agreement is a legally binding contract between the purchaser of the license for the house plan and, if applicable, the purchaser’s company (collectively: “Licensee”) and Design Evolutions Inc., GA (“DE”). This Agreement explains the terms and conditions under which the Licensee is permitted to reproduce, modify, and construct a house using plans purchased from DE and through its website: www.designevolutions.com.
- DE grants the Licensee a non-exclusive, non-transferable, non-assignable License to use our house plans as defined in this Agreement. Only DE has the right to grant a license to its intellectual property. DE grants this license to the Licensee only. The license does not extend to any third party (i.e. independent designers, sub-contractors, business associates, family members, etc).
- This license goes into effective on the full and timely payment of all monies received by DE from the Licensee for said house plans.
- Any violation of the terms, conditions, or restrictions of this Agreement by the Licensee shall cause the license to be immediately revoked, without notice from DE.
- By purchasing a house plan, the Licensee agrees that all plans, drawings, photographs, renderings, and any derivative works by DE are protected under federal copyright law. Copyright owners can seek full remedies for infringement under the copyright statutes including statutory damages of up to $150,000 per infringement plus litigation costs and attorneys’ fees. All parties including the Licensee, architects, designers, draftsmen, owners, builders, realtors, and print shops are responsible if they were involved in the violation of a copyright.
- No part of any DE’s plans, drawings, photographs, or renderings may be reproduced, stored, or transmitted in any form and by any means, electronic, mechanical, reprinting, or other than as defined by the following:
“PDF Single-build” license: Following the purchase of a “PDF single-build” license for a house plan from DE, the Licensee may build one (1) house as originally designed by DE from said plan. The Licensee may also print as many paper sets as needed for the construction of one house.
“PDF + CAD Single-build” license: Following the purchase of a “PDF + CAD single-build” license for a house plan from DE, the Licensee and his independent designer may make modifications to DE’s design. DE takes no responsibility for the derivative design. The Licensee accepts responsibility and liability for all modifications made. The DE name, logo, and website shall not be used or represented on the plans or on any documents associated with the derivative design or construction of the house. The Licensee may build one (1) house based on the original/derivative design. However, DE will remain the copyright owner for any derivative works created by other designers based on DE’s original designs.
For All Licenses
The Licensee may print as many paper sets as needed for the construction of one (1) house. The Licensee may distribute printed copies or digital files of home plans to third parties as needed to assist in the construction of a single residence, as licensed in this agreement. All such loaned, printed copies and files must be retrieved or destroyed except for the owner’s reference set, after such assistance has been completed.
DE reserves the right to make corrections or changes on its drawings to ensure the accuracy of its plan information. Moreover, photographed homes may have been modified from the original construction documents to suit the homeowner’s preferences and do not necessarily represent the original DE design.
All house plans ordered through DE are provided as is. DE disclaims all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose.
DE is not liable for incidental, special, consequential, or indirect damages of any kind, including, but not limited to, loss of anticipated profits, business opportunity or other economic loss arising out of plans received from DE (even if DE has been advised of the possibility of such damage), defects in construction or design and damage caused thereby, the success of the permit submittal process, or the loss or destruction of a digital or physical copy of a licensed DE plan.
DE’s liability to Licensee or to any third party shall not exceed the price paid for the house plan in the event that any liability is imposed on DE.
Those portions of this License Agreement found to be in conflict with the license notification on the Plans shall take precedence.
The Licensee purchase of the Plans does not transfer any right, title or interest on the Plans or the copyright therein to the Licensee except as specifically set forth in the License Agreement. Furthermore, the Licensee acknowledges that Design Evolutions Inc., GA will be greatly damaged should the Licensee breach the terms of this License Agreement.
Disputes
Any dispute over the terms of this Agreement, compliance or non-compliance with such terms, or in any issue arising from the use of the license or use of any portion of a DE house plan, must be brought in the state of Georgia. The Licensee hereby agrees to the jurisdiction of such courts over himself and his company (if applicable).
DE reserves the right to take action against any Licensee for use that does not conform to the terms of this Agreement, infringes any DE intellectual property or other right, or violates other applicable law.
By buying any house plans from Design Evolutions Inc., GA , you signify your agreement to the above terms and conditions.
Returns
We do not accept returns. In addition, Design Evolutions Inc., GA maintains a strict no refund policy. Our house plan construction documents show intellectual knowledge of our product; therefore, all sales are final and cannot be returned or exchanged under any circumstances. Please be sure of your plan selection before ordering, and feel free to contact our office at (770) 807-1261 (Monday through Thursday 9:00AM to 5:00PM EST) to discuss any concerns you may have before ordering.