Everywhere’s Single-Use Construction License
END USER LICENSE AGREEMENT – SINGLE-USE CONSTRUCTION
THIS IS A BINDING LEGAL AGREEMENT regarding the blueprint, floor plans or drawing files and the design(s) of the home design embodied within (collectively, the “Architectural Work”) that you are downloading or purchasing from Everywhere, Inc., for yourself, your company, your employer, or other principal (hereafter collectively referred to as “you”). If you refuse to accept a contractual obligation through this license agreement, you are not permitted to access, download, or use the Architectural Work. Please thoroughly and carefully read through this Agreement before purchasing, downloading, installing and/or using the Architectural Work, ANY OF WHICH SHALL INDICATE YOUR EXPRESS AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS.
The Architectural Work licensed under this Agreement is supplied to you by Everywhere, Inc. for SINGLE-USE CONSTRUCTION ONLY, and remains the intellectual property of the author(s) of the Architectural Work.
Everywhere, Inc. and/or the author(s) reserve all rights not expressly granted to you under this Agreement.
Upon receipt by Everywhere, Inc. of all applicable fees, and subject to your compliance with all of the terms and conditions of this Agreement, you are granted a non-exclusive, terminable and non-transferable license to use the Architectural Work in accordance with the following terms and conditions. You may not exceed the scope of this license. If you have negotiated and agreed to any additional terms and conditions, those must be in writing and signed or sent by Everywhere, Inc., and must incorporate this Agreement by reference.
1. PERMITTED INSTALLATIONS AND USES
Use of the Architectural Work is strictly and explicitly single-use construction, declared and paid for at time of purchase.
1.1 USES
Use of the Architectural Work in the creation of design works for your personal use is permitted. You may not allow any third party to use your copy of the Architectural Work. You may not send or transfer the Architectural Work, or any copy of the Architectural Work, to any third party. You may use the Architectural Work to print multiple copies of the blueprints or drawings for the sole purpose of building one structure.
In order for the Architectural Work to be constructed into a single structure on your parcel of land, the Architectural Work can only be changed, modified, or customized by Everywhere, Inc. and be structurally engineered by licensed engineers, solely chosen and managed by Everywhere, Inc. to perform all necessary structural drawings and load calculations according to local building code. No outside architecture firms, architects, authors, designers, engineering firms or engineers will be permitted to perform the aforementioned services. Any improper usage of engineering services, outside the scope of this agreement will be considered a breach of the terms of this Agreement and will be the cause for termination of this License.
1.2 ONE ARCHITECTURAL WORK BACK-UP
You are permitted to keep a single backup copy of licensed Architectural Work in the cloud, locally on a desktop, laptop or mobile device, or on a studio server. You must be the only party who maintains or has access to this backup copy. The Architectural Work may not be sub-licensed, sold, leased, rented, lent, or given away to any other person or entity.
1.3 SERVICE PROVIDERS
In the event that you require the services of a service provider, such as a commercial printer, you are permitted to transfer a single copy of the required Architectural Work to that specific service provider. Upon completion of your job, the service provider must delete the Architectural Work or purchase their own license. It is your responsibility to inform the service provider about this requirement. Allowing use of the Architectural Work by any third party in ANY OTHER CIRCUMSTANCE is prohibited.
2. REFUNDS
The Architectural Work may be exchanged only if defective. If you wish to claim a refund you must (a) certify that no copy of the Architectural Work remains in your possession or control and (b) provide proof of a valid sale and a valid sales receipt from Everywhere, Inc., and (c) provide other information requested by Everywhere, Inc. to support your claim. All claims for a refund must be made within three (3) days of purchase.
3. LIMITED EMBEDDING
You are permitted to embed or otherwise include the Architectural Work within a PDF, PowerPoint, Word or similar-type electronic document, distributed physically or online for personal or commercial use ONLY IF: A) the document is not for sale, resale or mass-market distribution of any kind; AND B) the online use is not a redistribution of usable versions of the Architectural Work; AND C) the distribution of the document is restricted to fewer than 5 instances. If documents containing embedded copies of the Architectural Work will be sold, a separate Items For Resale Extension (see Section 5.2 for more detail) must be purchased.
4. RESTRICTIONS
You may not use the Architectural Work to create a trademark/logo for a brand without altering it in some way–it’s already copyrighted as is. You may not use the Architectural Work in “print-on-demand” products and/or services including, but not limited to, physical goods for retail sale such as T-shirts, greeting cards, mugs, postage stamps, stickers, post cards, business cards, invitations on a customized, per order basis for retail sale such as by way of, but not limited to, Café Press, Zazzle, or other similar services. If you need an extension for this type of use, please contact us for a quote.
You may not use the Architectural Work in pornographic, fraudulent, obscene, immoral, infringing, illegal, blasphemous or defamatory material. You may not sell, sublicense, distribute or otherwise grant rights of any kind to the Architectural Work. You may not make the Architectural Work available to others in any way, including as a downloadable file, an email attachment, MMS message or via any other electronic method that exists now or in the future. You may not modify, adapt, translate, rent, lease, resell, distribute, produce, reverse engineer, decompile, disassemble, re-digitize or create derivative works based on the Architectural Work that you then make available as editable files.
5. OTHER RESTRICTIONS AND LICENSE EXTENSIONS
Use of the Architectural Work is not permitted in the following circumstances without purchasing the applicable license extension. Any descriptions provided herein are intended only as specific examples for your convenience and are not a limitation of any restrictions. If you have questions regarding your needs and the applicable extension required, please contact us for assistance.
5.1 MULTI-USE EXTENSION
If the Architectural Work will be constructed more than once, a Multi-Use Extension must be purchased. The extension fee covers the installation of the Architectural Work on two (2) or more structures, up to an unlimited number. If you are a company purchasing a Multi-Use Extension for your employees, your employees may use the Architectural Work anywhere in the world, subject to the terms of this Agreement. You must notify all employees of the terms and conditions of this Agreement and you are responsible for all actions of the employees.
5.2 LARGE VOLUME COMMERCIAL EXTENSION
If the Architectural Work will be used to construct more than 25 structures on a single parcel, a Large Volume Commercial Extension must be purchased. Since there’s not a “one size fits all” way to sell this extension, you will need to contact us for a quote. This applies to more than 25 structures of the same model and extended uses of the Architectural Work either print or digital A) products, documents, promotional campaigns and/or related materials; B) advertising campaigns and/or related materials; or C) product packaging and/or related materials. This includes, but is not limited to, interior/exterior signs, billboards and/or electronic billboards, product packages, social media posts, gas pump displays, CDs, DVDs, films, video games, coupons, media cases, book covers, music videos, television commercials, streaming videos etc.
6. RIGHTS RESERVED
The Architectural Work is licensed—not sold—to you by Everywhere, Inc. on behalf of the author, and is licensed for use in accordance with the terms of this Agreement. As a licensee, your ownership of the structure which the Architectural Work is recorded, if any, is distinct from and does not grant any right, title or interest in and to the design of the Architectural Work itself. All copies of the Architectural Work downloaded or installed, including copies of any Architectural Work that accompany this document either as part of a downloaded file or on recorded media, such as, but not limited to, magnetic or optical media, remain the exclusive property of Everywhere, Inc. and/or the author. The Architectural Work and the design embodied therein are the exclusive property of Everywhere, Inc. and/or the author and are protected under both domestic and international copyright, trademark and unfair competition laws. The various names of the Architectural Work and the design within the Architectural Work are the trademarks of Everywhere, Inc. or the author. All other trademarks are the property of their respective owners, and may be registered in the United States or other jurisdictions. Except as stated herein, this Agreement does not grant you any rights to trademark or any other intellectual property rights in the Architectural Work.
7. DESIGN CREDIT
If your use of the Architectural Work is within a format where credits are displayed, for example a movie or television show, or an awards ceremony, or printed production credits, etc., you agree to credit Everywhere, Inc. in the following manner: (Architectural Work Name) © (Everywhere, Inc.) www.everywhereco.com. (This type of credit is ONLY required where credits are shown as part of the format. You would not need to add a credit on a product package, for example.)
8. TERMINATION
Any breach of the terms of this Agreement shall be cause for termination of this License. In the event of termination, and without limitation of any remedies under law and equity, you agree to immediately return or destroy the Architectural Work, at the discretion of Everywhere, Inc., and certify that no copy remains in your possession or control.
9. COMPLIANCE WITH LAWS
You shall be responsible for your compliance with all laws relating to the control of exports or the transfer of technology in connection with any use and distribution of the Architectural Work. The Architectural Work and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the government, governmental authorities, its employees or vendors may be subject to restrictions set forth in federal law and regulations. If applicable, you hereby agree to familiarize yourself and adhere to any applicable rule, regulation or statute that may apply.
10. REVOCATION OF WARRANTIES
SUBJECT TO THE REPRESENTATIONS AND WARRANTIES STATED HEREIN, THE ARCHITECTURAL WORK IS PROVIDED “AS IS” AND WITHOUT FIDUCIARY OBLIGATION TO YOU AND OTHER WARRANTIES OF ANY KIND. EVERYWHERE, INC. AND THE AUTHOR OF THE ARCHITECTURAL WORK EACH HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EVERYWHERE, INC. DOES NOT WARRANT THAT THE OPERATION OF THE ARCHITECTURAL WORK WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE ARCHITECTURAL WORK IS WITHOUT DEFECTS. THE ARCHITECTURAL WORK IS NOT INTENDED AND WAS NOT DESIGNED OR MANUFACTURED FOR USE IN ANY CIRCUMSTANCES WHERE THE FAILURE OF THE ARCHITECTURAL WORK COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. THE ARCHITECTURAL WORK IS NOT FAULT TOLERANT AND IS NOT INTENDED FOR USE IN THE CONTROL OR OPERATION OF DEVICES OR EQUIPMENT FOR MANUFACTURING, OR FOR USE IN NAVIGATIONAL DEVICES. THIS DISCLAIMER OF WARRANTIES APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
11. LIMIT OF LIABILITY
IN NO EVENT WILL EVERYWHERE, INC. BE LIABLE TO YOU FOR CONSEQUENTIAL OR INCIDENTAL DAMAGE (INCLUDING DAMAGE FROM LOSS OF BUSINESS PROFITS OR SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) OR FOR CLAIM BY ANY PARTY ARISING OUT OF THE USE OF OR INABILITY TO USE THE ARCHITECTURAL WORK, EVEN IF EVERYWHERE, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. UNDER NO CIRCUMSTANCES, SUBJECT TO THE CONDITIONS NOTED HEREIN, SHALL EVERYWHERE, INC. OR THE AUTHOR’S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE REPLACEMENT COST OF THE ARCHITECTURAL WORK OR THE PROVISION OF SUBSTITUTE SOFTWARE, AT THE SOLE DISCRETION OF EVERYWHERE, INC.. THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
12. INDEMNIFICATION
You agree to defend, indemnify and hold Everywhere, Inc. and Everywhere, Inc.’s suppliers including any authors of the Architectural Work harmless from and against any losses, damages, expenses, and costs, including reasonable attorneys’ fees, from any claim by a third party arising from or related to your breach of this Agreement or your act, error, or omission.
13. GOVERNING LAW
This Agreement will be governed by the laws of the State of Delaware (USA) as applies to contracts entered into and wholly performed therein without application of its conflict of law provisions or the conflict of law provisions of any other jurisdiction. You hereby expressly consent to the personal jurisdiction of the local, state or federal courts within Delaware selected by Everywhere, Inc. for the hearing or resolution of any dispute or action arising out of or related to this License and you hereby further expressly waive any jurisdiction or venue defenses and agree to services of process by certified mail return receipt requested. All remedies are cumulative and not exclusive.
14. GENERAL
You acknowledge that you have read this agreement and understand it and that by using the Architectural Work, you will be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between Everywhere, Inc. and you which supersedes any proposal or prior agreement, oral or written, and any other communications between any other party relating to the subject matter of this Agreement. No variation of the terms of this agreement or any different terms will be enforceable against Everywhere, Inc. unless Everywhere, Inc. gives its express written consent. If any provision of this agreement is held void or unenforceable, that provision will be enforced to the maximum extent possible and the remaining provisions of this agreement will remain in full force and effect. In the event any collection or enforcement effort or any legal action is instituted by Everywhere, Inc. to interpret or enforce this Agreement, you will be responsible for paying reasonable attorneys’ fees incurred by Everywhere, Inc.. If you are an Architect, Engineer or Company and Everywhere, Inc. brings any enforcement effort or legal action against any third party for whom you work, arising from your obligations in this Agreement or the violation by that third party of any applicable restrictions or obligations in this Agreement, you will be responsible for paying reasonable attorneys’ fees incurred by Everywhere, Inc.. This Agreement will not be construed against any party by reason of the drafting or preparation hereof. Everywhere, Inc. expressly reserves the right to amend or modify this Agreement at any time and without prior notification.
This license was linked to the product page before your time of purchase and is available to view online at any time at the following URL:
Should you desire any additional use that is not mentioned within this Agreement, feel free to contact us at any time.