DRF HOME DESIGNS, INC. Click-Through Agreement
THIS CLICK-THROUGH AGREEMENT (THIS “AGREEMENT”) IS BETWEEN YOU AND DRF HOME DESIGNS, INC. (THE “COMPANY” OR “WE”). BY CLICKING THE “ACCEPT” BUTTON, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE COMPANY IS UNWILLING TO LICENSE THE HOME DESIGNS (AS DEFINED BELOW) TO YOU, AND YOU MUST CLICK THE “DO NOT ACCEPT” BUTTON BELOW. THE “EFFECTIVE DATE” OF THIS AGREEMENT IS THE DATE UPON WHICH YOU CLICK THE “ACCEPT” BUTTON BELOW.
The Company licenses prototype drawings featuring large scale drawings and renderings for construction of a home (hereinafter collectively called “Home Designs” and individually a “Home Design”). The Company is able to provide the Home Designs for much less than finished construction drawings because we exclude the foundation plan, building section and framing details. These items vary significantly based on you and your builder’s preferences and your local building standards. We have intentionally designed our prototype plans so that they may be modified to meet your needs. While our drawings are complete and accurate, we encourage you to review them and mark them up to suit your needs. Your local builder will be able to provide a preliminary cost estimate based on our drawings. You should ask your local builder to specify which foundation and framing methods he or she recommends. Your local builder may also recommend some design changes. Once you have reviewed your prototype drawings thoroughly, you should consult an architect to review your desired changes and provide feedback. Ultimately, final construction drawings should be completed by an architect to comply with your local building codes. The prototype drawings are offered as general information only and not as the professional advice of an architect or engineer. You need to consult a professional advisor for professional advice.
Grant of License.
The Company grants you a nonexclusive, nontransferable, license (the “License”) to use the selected and paid-for Home Design to build one home, i.e., a single structure, not multiple homes based on the same design. Upon payment, you will be able to download or order by regular mail a set of prototype drawings pertaining to the selected Home Design. As discussed above, the prototype drawings are not finished construction drawings. You will need to work with a builder or architect (whatever is required in your state or jurisdiction) to develop finished construction drawings. You may make copies of the Home Design as necessary to assist you and your builder and/or architect to build one home.
Except as otherwise provided in this Agreement, you will not use, copy or distribute the Home Design. In addition, you agree not to (a) sell, assign, sublicense, rent, lease, loan, or otherwise transfer all or any portion of the Home Design; (b) remove or alter any trademark, logo, copyright or other proprietary notices associated with the Home Design; or (c) cause or permit any other party to do any of the foregoing.
You acknowledge that the Company owns all rights in the Home Design (except the rights expressly granted to you under the license) and in all patents, copyrights, trademarks, and any other form of intellectual property rights in or related to the Home Designs. There are no implied licenses in this Agreement, and the Company reserves all rights not expressly granted under this Agreement.
If the copy of the Home Design that you download or receive by regular mail is torn, illegible or incomplete, please contact the Company within 10 days for a replacement copy.
DISCLAIMER OF WARRANTY
EXCEPT FOR THE LIMITED WARRANTY ABOVE, THE HOME DESIGNS ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL HAVE NO LIABILITY TO YOU, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY MANNER RELATED TO THE HOME DESIGNS OR OTHER GOODS AND SERVICES PROVIDED TO YOU BY THE COMPANY, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR ANY LOSS OR INJURY CAUSED, IN WHOLE OR IN PART, BY OUR ACTIONS, OMISSIONS, OR NEGLIGENCE, OR FOR CONTINGENCIES BEYOND OUR CONTROL. IN ANY EVENT, THE LIABILITY OF THE COMPANY, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE COMPANY AND/OR AFFILIATES TO PURCHASE THE HOME DESIGNS AND OTHER GOODS/SERVICES.
EXCLUSION OF DAMAGES
IN NO EVENT SHALL THE COMPANY, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES, BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES IN ANY MANNER RELATED TO THE HOME DESIGNS OR OTHER GOODS AND SERVICES PROVIDED TO YOU BY THE COMPANY.
This Agreement will commence on the Effective Date and remain in effect unless and until terminated in accordance with this Termination paragraph. You may voluntarily terminate this Agreement at any time before using the Home Designs by destroying all copies of the Home Designs and making no use thereof. The Company may terminate this Agreement by giving notice to you in the event of a breach of the “License Restrictions” Section set forth above. Such notice shall be given via regular mail if the Company has a current valid mailing address for you, and otherwise by phone, fax, e-mail or other means directed to you at any contact information that the Company has or may obtain. Upon termination of this Agreement and/or the License, your rights under the License will immediately cease. All sections of this Agreement except the “Grant of License” Section will survive any termination of this Agreement.
This Agreement is the entire agreement of the parties regarding the subject matter hereof, superseding all other agreements between them, whether oral or written, regarding the subject matter hereof. This Agreement will be governed by and interpreted pursuant to the laws of the State of New York (without applying New York’s conflict-of-law principles). If any provision of this Agreement is held to be unlawful, void or unenforceable, such portion will be deemed severable and will not affect the enforceability of the remaining portions.