Terms and Conditions

IMPORTANT READ CAREFULLY: This End User License Agreement (the “Agreement”) is a legal agreement

between you and Sol Haus Design, a California company with a principal business address of

P.O. Box 384, Ojai, CA 93024 (hereinafter “Licensor,” “we,” or “us”). By downloading or

otherwise using the Licensed Product, you agree to be bound by the terms of this Agreement. If you do not

agree to the terms of this Agreement, then you should not download this Licensed Product.

 

The provisions below form the essential basis of our agreement between you (The Licensee) and Sol Haus Design

(The Licensor). You shall not copy or use the Licensed Product except as is otherwise expressly permitted below.

You should also read the full text describing the risks below and accept and acknowledge the risks before you

use the Licensed Product in accordance with this Agreement.

 

1. The Plans

The Plans are offered as building guidelines and suggestions only. The Plans do not constitute legal construction

documents. It is recommended to consult with your local building authority before the construction of any structure.

Before beginning construction, always have a licensed architect or structural engineer sign off on your final plans.

The Purchaser or Licensee agrees to comply with all local codes and building regulations. The Plans are designed

to satisfy generally accepted professional standards and practices. However, The Plans have been created

without knowledge or reference to the Licensee’s specific site or local codes. It is the responsibility of the Licensee

to ensure that the plans meet local codes and site-specific requirements.

 

The Licensee agrees to check and verify all dimensions and materials before construction. Due to regional

variations, The Licensor cannot and does not guarantee the availability of any products or materials suggested or

specified in the Licensed Product. The Licensee is solely responsible for any and all modifications to The Plans

necessary to accommodate differences in available materials, to satisfy the Licensee’s personal needs, or to meet

local building codes of other site-specific requirements. The Licensor assumes no liability for

errors or omissions in these documents and reserves the right to make changes at any time. Sol Haus Design

assumes no responsibility for any alterations made to the Licensed Product. Use of this Licensed Product is at the

Licensee’s own risk.

 

THE PLANS HAVE NOT BEEN CHECKED FOR COMPLIANCE WITH THE PARTICULAR CODES OR

CONDITIONS IN YOUR AREA. WE RECOMMEND THAT YOU CONSULT WITH YOUR LOCAL BUILDING

OFFICIALS BEFORE INSTALLING ANY NEW STRUCTURE, IN ORDER TO ENSURE THAT YOUR HOUSE

WILL COMPLY WITH LOCAL BUILDING CODES.

 

2. Intellectual Property in the Plans

We shall retain all right, title, and interest to the intellectual property, trade secrets, and know-how in the

Licensed Product (“Intellectual Property”). You acknowledge that no title to or rights in the Intellectual Property

are transferred to you from us under this Agreement. You agree not to remove any trademark, copyright, or

other proprietary notices on or in any portion of the Licensed Product as delivered and to reproduce all such

notices on all authorized copies.

 

3. License

We grant to you a non-exclusive, nontransferable license solely for your personal use to (a) to print out up to three

(3) hard copies of the Licensed Product for your personal use only; (b) to construct a single house based upon the

Licensed Product for your personal use only; (c) to customize the Licensed Product for your personal use only;

Your rights in the Licensed Product shall be limited to those expressly granted in this Agreement. Any use which

exceeds the scope of this license grant shall be deemed to constitute a material breach of this Agreement,

including but not limited to using the Licensed Product for commercial purposes or building more than a single

house without first paying the appropriate fees to secure the additional licensing rights.

 

4. Restrictions

You shall not distribute, share, rent, resell, lease, sublicense, reproduce, or otherwise disclose or transfer the

Licensed Product to any third party. You shall not use the Licensed Product in a network, or in any other

multiple use arrangement, or allow third parties to have electronic access to the Licensed Product. You shall not

use the Licensed Product for any commercial purposes, make more than three (3) hard copies of the Licensed

Product, share any copies of the Licensed Product with third parties, or permit the Licensed Product to be used

by any third party for commercial purposes. You shall not share any customizations you have made to the

Licensed Product with any third party or use those customizations for any commercial purpose, nor shall you

permit any third party to disassemble or reverse engineer your house after it is constructed.

 

Notwithstanding the foregoing, you are authorized to distribute up to three (3) hard copies to contractors building

a single house for your own purposes; provided that, however, such contractors may not use the Licensed

Product to build any house other than your house, and they must return or destroy all hard copies upon

completion of the work on your house. Any failure to abide by the restrictions set forth in this Section shall

expressly constitute a material breach of this Agreement.

 

5. Term; Termination

This Agreement commences as of the date on which you pay the license fee (“Effective Date”) and is perpetual.

This Agreement will automatically terminate upon notice in the event you materially breach any term or condition

of this Agreement. You understand that exceeding the scope of the license shall expressly constitute a material

breach of this Agreement. Upon any material breach, your non-exclusive license shall cease and terminate, and

you shall have no further right to access electronically, use, display, print, reproduce, make copies of, or make

archival back-up copies of the Licensed Product.

TO THE EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED

WARRANTY SET FORTH ABOVE, WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS,

RESULTS, GUARANTEES, OR REPRESENTATIONS WITH RESPECT TO THE LICENSED PRODUCT,

WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF

MERCHANTABILITY, MERCHANTABLE OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR

PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, OR ARISING FROM THE COURSE OF

PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

 

6. Technical Support

Technical support is not included with your license; however, we do make technical support available for an

additional charge.

 

7. Proprietary Information

For the term of this Agreement and for a period of five (5) years thereafter, you agree to keep completely

confidential and will not publish or otherwise disclose for any purposes the Proprietary Information furnished by

us to you pursuant to this Agreement.

For the avoidance of doubt, Proprietary Information shall include all of the proprietary, non-public information

pertaining to us and the Licensed Product, including but not limited to the trade secrets and know-how

contained within the Licensed Product; the designs, technical drawings, and works of authorship; the

specifications; and the proprietary ideas. Notwithstanding the foregoing, “Proprietary Information” shall not

include any information which you can demonstrate by your records (a) was in your knowledge or possession

prior to our disclosure to you, (b) was in the public domain at the time of disclosure or subsequently entered the

public domain through no fault of yours; (c) was disclosed to you by a third party with the right to make such a

disclosure; or (d) was developed independently by you.

 

8. Limited Warranty

We warrant that the electronic delivery format of the Licensed Product will be free from physical defects for a

period of 5 days following the Effective Date.

 

9. Disclaimer of Other Warranties

The Licensed Product is provided on an “as is” basis. Use of the Licensed Product is at your own risk. You

solely assume any and all risks with respect to the construction of your house based on the Licensed Product.

We can make no warranty that the Licensed Product will meet all of your needs or result in a successful or

satisfactory outcome for you, nor can we warrant that the Licensed Product will be completely accurate, current,

complete, or free from errors and omissions. We can make no warranty that the Licensed Product will comply

with the particular codes or conditions in your area, nor can we warrant that your actual costs will not vary from

our estimated building costs. We also cannot warrant that access to the Licensed Product will be continuous,

uninterrupted, bug-free, error-free, virus-free, or free of technical problems. We will use reasonable care,

however, to provide uninterrupted, bug-free, error-free, electronic delivery of the Licensed Product.

 

10. Remedies

Upon receipt of written notice from you of a physical defect in the delivery format of the Licensed Product, our

entire liability and your sole and exclusive remedy shall be to receive a replacement delivery of the Licensed Product.

 

11. Indemnification

You agree to indemnify, defend, and hold us harmless us against any and all loss, damage liability, and expense

(including without limitation reasonable fees for attorneys and experts) arising out of any claim, demand, cause

of action, debt or liability, including reasonable attorneys’ fees, to the extent that such action is based upon a

claim that (a) if true, would constitute a breach of any representations or agreements by you hereunder; (b)

arises out of any negligence or willful misconduct by you; (c) you have infringed our intellectual property rights

hereunder; or (d) is based on any third party claim that arises out of this Agreement.

 

12. Limitation of Liability; Consequential Damages

Notwithstanding anything to the contrary, our liability under this Agreement shall be limited to the total fees you

pay to us pursuant to this Agreement. In no event shall we be liable for any incidental, consequential, indirect,

special, or punitive damages, or lost profits, arising out of, or related to, this Agreement, even if we have been

advised of the possibility thereof, and regardless of whether the claim is based on contract, tort, or another

theory or cause of action.

 

13. Miscellaneous

Our relationship will be that of third party contractors, and neither of us will have the right power, or authority to

assume, create, or incur any expense, liability, or obligation, express or implied, on behalf of the other. You may

not assign or transfer any of your rights or obligations under this Agreement without our prior written consent.

You agree that we may assign this Agreement without prior notice in the event of a merger, acquisition, or sale

of all or part of our business. No waiver of any breach of the terms of this Agreement, no matter how long

continuing or how often repeated, shall be deemed a waiver of any subsequent breach thereof, nor shall any

delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power,

or privilege. If any provision of this Agreement is held unenforceable or in conflict with the law of any jurisdiction,

the validity of the remaining provisions shall not be affected by such holding. The meaning of that provision will

be construed to the extent feasible, to render the provision unenforceable. If no feasible interpretation will save

such provision, it is to be severed from the remainder of the terms of this Agreement, which are to remain in full

force and effect. This Agreement contains the entire understanding of the Parties with respect to the subject

matter contained herein, and shall supersede all prior agreements and understandings, whether written or oral.

 

14. Governing Law; Dispute Resolution

This Agreement is governed by the laws of the State of California, without regard to conflicts of law principles.

All disputes arising under this Agreement shall be under the Commercial Rules of the American Arbitration Association

by one arbitrator mutually agreed upon both you and us in accordance with the aforementioned Rules. Costs of the

arbitration, including administrative and arbitrators’ fees, shall be shared equally by each of us. The arbitration award

shall be final and each of us shall comply in good faith to the entry of the arbitrator’s award in any court having

jurisdiction. If judicial enforcement or review of the arbitrator’s decision is sought, the prevailing one of us shall be

entitled to costs and reasonable attorneys’ fees. For the avoidance of doubt, all claims you bring against us must be

resolved in accordance with this Section. All claims filed or brought against us contrary to this Section shall be

considered improperly file. Should you file a claim contrary to this Section, you agree that we may recover attorneys’

fees and costs of up to One Thousand Dollars ($1000.00) provided that we have notified you in writing of the

improperly filed claim and you have failed to properly withdraw the claim.

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