Terms and Conditions
End Use License Agreement
This End Use License Agreement (“Agreement”) is a legally binding agreement between you (“Licensee”) and Tiny House Enterprises, LLC (“Licensor”), an Oregon based limited liability company (LLC). By downloading or otherwise using the construction drawings and supporting documents, herein referred to collectively as “Plans”, Licensee agrees to be bound by the terms of this Agreement.
All purchases for Plans are nonrefundable.
Disclaimer:
These plans have been prepared to meet generally accepted professional standards and practices in effect at the time they were created, and have been developed without knowledge or reference to a specific site or geographical area. Because local and state building regulations vary widely and are subject to change, conformance of the plans with requirements of each specific jurisdictions is impossible. Therefore, supplemental to these documents, it is Licensee’s and/or his/her builder’s responsibility to know and build with current codes and regulations in the jurisdiction governing the project. Any use of this information without adaptation to changes and codes, standards, site conditions, and other factors is at the Licensee’s sole risk.
Release of Liability:
Licensor and the architect or designer of the plans disclaim all warranties, express or implied, including merchantability or fitness of purpose. Licensee agrees that the Licensor and the architect or designers of the plans shall not be liable for direct, 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 the use of the Plans. Licensee agrees to defend and indemnify Licensor for all claims, costs, losses or damages resulting from the use of Plans.
Licensee shall verify all dimensions and materials before construction begins. Licensor does not guarantee the availability of any products or materials suggested or specified in the Plans. The Licensor assumes no liability for errors or omissions in these documents and reserves the right to make changes at any time. Licensor assumes no responsibility for any alterations made to the Plans. Any and all use of the Plans is at the Licensee’s own risk.
License:
Licensor grants Licensee a non-exclusive, nontransferable license. Any use of the Plans shall solely be for personal use. Licensee shall have the right to (a) to construct a single house based upon the Plans; (b) print three (3) hard copies of the Plans and; (c) customize the Plans at Licensee’s sole risk. The Licensor shall not be held responsible for any changes made to the plans. All changes should be examined by a licensed engineer to ensure that no additional engineering requirements are necessary.
To be clear, Licensee shall only use the Plans for PERSONAL USE. No commercial use by Licensee, their assigns, or any related or unrelated third party is implied or licensed in this agreement.
Licensor retains all rights, ownership, and interest in the Plans. Licensee acknowledges that no ownership to or rights in the Plans shall be transferred under this Agreement. Licensee agrees not to remove any trademark, copyright, or other proprietary notices on or in any portion of the Plans as delivered and shall reproduce all such notices on all authorized copies. Licensee shall respect the rights of Licensor at all times in regards to the Plans.
Licensee’s rights to use the Plans shall be limited to those expressly granted in this Agreement. Any use which exceeds the scope of this license shall be deemed to constitute a material breach of this Agreement.
To the extent permitted by law and notwithstanding the details of this agreement, Licensor expressly disclaims all warranties, conditions, results, guarantees and/or representations with respect to the Plans, whether expressed or implied and is in no way responsible for the results attained by the Licensee regarding the use of the Plans.
Restrictions:
Licensee shall not distribute, share, loan, resell, lease, sublicense, reproduce, or otherwise disclose or transfer the Plans to any third party, group or network, nor shall Licensee allow third parties to have electronic access to the Plans. Further, Licensee shall not share any customizations made to the Plans with any third party or use those customizations for any commercial purpose. Licensee, or any third party, shall not reverse engineer (or similar activities) the house after construction has begun or been completed.
All purchases for Plans are nonrefundable.
Termination:
This Agreement shall commence on the date of Plans purchase and shall be perpetual as long as it is upheld. This Agreement shall terminate and be considered void upon written notice from Licensor in the event Licensee materially breaches any term or condition of this Agreement. Licensee understands that exceeding the scope of the license shall expressly constitute a material breach of this Agreement.
Attorney Fees:
If any suit or action is filed by any party to enforce this Agreement or otherwise with respect to the subject matter of this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court, and if any appeal is taken from the decision of the trial court, reasonable attorney fees as fixed by the appellate court.
Venue/Jurisdiction:
The laws of the State of Oregon shall govern the validity, construction, enforcement and interpretation of this Agreement. Exclusive venue and jurisdiction for any dispute concerning this Agreement shall be in Jackson County, Oregon.
