End User Licence Agreement (EULA)
NOTICE: READ THIS END-USER LICENSE AGREEMENT CAREFULLY BEFORE PURCHASING, ACCESSING, OR OTHERWISE USING THE LICENSED PRODUCT. BY PURCHASING THE LICENSED PRODUCT, OR IN ANY OTHER WAY ACCESSING, OR USING THE LICENSED PRODUCT, CREATES A LEGALLY ENFORCEABLE CONTRACT AND CONSTITUTES ACCEPTANCE OF ALL TERMS AND CONDITIONS OF THIS AGREEMENT WITHOUT MODIFICATION.
This End-User License Agreement (the Agreement), effective as of the date you accept the terms hereof, is entered into between Humble Homes, with an address at 11 Upton Park, Belfast, BT10 0LZ, UK (Licensor) and Licensee. The parties agree as follows:
1 DEFINITIONS
“Licensed Product” means, collectively, any products created, developed, released, and sold by The Humble Homes Company, including Tiny House Plans, Modular House Plans and Software Applications.
“The Licensor” means The Humble Homes Company, with an address at 224 Lisburn Road, Belfast, BT10 0LB, UK.
“Intellectual Property” means all Licensed Products, trademarks, service marks, and trademark or service mark registrations and applications, trade names, Internet domain names, logos, designs, slogans and general intangibles of like nature, together with all goodwill related to the foregoing; copyrights, copyright registrations, renewals and applications for copyrights; software (whether in source or object code form), technology, trade secrets and other confidential information, know-how, proprietary processes, formulae, algorithms, models and methodologies.
2 CONDITIONS OF SALE
A. CONFORMANCE WITH REGULATIONS
By purchasing the Licensed Product you agree to comply with all building regulations, codes and/or any other stipulations. The Licensed Products were, at their time of creation, designed to comply with a recognised building standard. Due to variations in regional, national and international building regulations, and their ever-changing requirements, complete conformance with the Licensee’s specific regulations is impossible. The Licensor authorises the sale and usage of the Licensed Product under the expressed condition that the Licensee will adhere to all relevant building regulations and requirements.
B. DUTIES OF THE LICENSEE
The Licensee agrees to check and verify all dimensions, and materials prior to construction. The Licensor cannot and does not guarantee the availability of materials and products specified, or suggested in the Licensed Product. Questions with regard to discrepancies must be submitted to The Licensor before construction is started.
C. SINGLE HOUSE CONSTRUCTION
The Licensee agrees that the use of the Licensed Product may be used for the construction of a single house, or structure only. The Licensee also agrees that no part of the Licensed Product may be reproduced by any means without the consent of The Licensor.
D. PRICES
The price and conditions of sale of the Licensed Product are subject to change without notice.
3 GRANT OF LICENSE
The Licensed Product is owned by The Licensor (including Tiny House Plans, Modular House Plans, software applications, and their derivative products) (collectively the “Licensed Product”). The Licensor grants you the following non-exclusive rights on the premise that you agree to and comply with all terms and conditions of this EULA:
A. USE
You may use the Licensed Product on your computer for viewing and printing. You may not use the Licensed Product on additional computers and do not have the right to distribute the Licensed Product. You agree to only use the Licensed Product as expressly permitted herein. You may print up to five (5) copies of the Licensed Product which may be distributed to person(s) carrying out construction services on your behalf. Upon the completion of your house, printed copies of the Licensed Product must be destroyed. This license grants you to build one, and only one, house or structure based on the purchased Licensed Product(s). If you wish to build more than one house or structure additional copies of the Licensed Product must be purchased.
B. RESERVATION OF RIGHTS
The Licensed Product is licensed, not sold, to you by The Licensor. The Licensor owns all rights, titles and interests in and to the Licensed Product and reserve all rights not expressly granted to you in this EULA. You agree to refrain from any action that would diminish such rights or would call them into question.
C. SUPPORT
Technical Support for the Licensed Product will be free for the first thirty (30) days after the purchase. Technical Support will be available via e-mail or online chat during regular business hours GMT. After 30 days, Technical Support may be offered by The Licensor as a paid support service. Free support shall amount to a maximum of two (2) hours over the thirty (30) day duration.
4 UPGRADES & MODIFICATION
The Licensor reserves the right to make corrections to The Licensed Product as necessary. The Licensor may also carry out upgrades to existing Licensed Products. To qualify for an upgraded version of an existing Licensed Product, The Licensee must have first purchased the original version. Upon confirmation of eligibility, The Licensee will no longer be authorised to use the original Licensed Product. The upgraded version shall be deemed The “Licensed Product”.
5 TRANSFER
A. CONFIDENTIALITY
The term Confidential Information means all trade secrets, know-how, and other technical information of The Licensor that is disclosed by or for The Licensor in relation to this Agreement, but not including any information The Licensee can demonstrate is (a) rightfully furnished to it without restriction by a third party without breach of any obligation to The Licensor, (b) generally available to the public without breach of this Agreement or (c) independently developed by it without reliance on such information. The Licensed Products are The Licensor’s Confidential Information.
B. RESTRICTIONS
You may not rent, lease or lend the Licensed Product or use the Licensed Product for commercial timesharing or bureau use. You may not sublicense, assign or transfer the license or Licensed Product. You may not use The Licensed Product for commercial benefit. You may not use the Licensed Product for purposes of resale.
6 PROPRIETARY RIGHTS
A. GENERAL
All intellectual property rights in the Licensed Product are owned by The Licensor and are protected by law, including but not limited to copyright, trade secret, and trademark law, as well as other applicable laws including United Kingdom Copyright Law, EU Copyright Directive and International Treaty Provisions. The structure, organization and content of the Licensed Product are the valuable trade secrets and confidential information of The Licensor. You shall not remove any product identification, copyright notices or proprietary restrictions from the Licensed Product.
B. NO IMPLIED LICENSE
Except for the limited rights and license expressly granted hereunder, no other license is granted, no other use of The Licensed Product is permitted and The Licensor shall retain all right, title and interest in and to the Licensed Products (and all patent rights, copyright rights, trade secret rights and all other intellectual property and proprietary rights embodied therein).
C. MARKINGS
The Licensee shall not alter, obscure or remove any trademark, displayed by or contained in any Licensed Product or its packaging. You are not permitted to use The Humble Homes Company’s trademarks.
7 LIMITATION ON REVERSE ENGINEERING
Except to the extent that such restriction is not permitted under applicable law, you are not permitted (and you agree not to) reverse engineer, decompose, disassemble or create derivative works of or modify the Licensed Product. Nothing contained herein shall be construed, expressly or implicitly, as transferring any right, license or title to you, The Licensee, other than those explicitly granted under this EULA. The Licensor reserves all rights in its intellectual property rights not expressly agreed to herein. Unauthorized copying of the Licensed Product or failure to comply with the restrictions in this EULA (or other violation of the license herein) will result in automatic termination of this Agreement and you, The Licensee, agree that it will constitute immediate, irreparable harm to The Licensor for which monetary damages would be an inadequate remedy, and that injunctive relief will be an appropriate remedy for such a breach.
8 TERM
This EULA is effective unless terminated or rejected. This EULA will terminate immediately and without notice in the event you breach this EULA and/or fail to comply with any term or condition of this EULA.
9 CONSENT TO USE OF DATA
You agree that The Licensor may collect and use statistics on your use of the Licensed Product and technical information you provide in relation to support services related to the Licensed Product. The Licensor agrees not to use this information in a form that personally identifies you except to the extent necessary to provide such services.
10 DISCLAIMER OF WARRANTIES
EXCEPT AS MAY BE SET OUT IN A SPECIFIC WARRANTY ACCOMPANYING THE LICENSED PRODUCT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSOR PROVIDES THE LICENSED PRODUCT “AS IS” AND WITH ALL FAULTS AND WITHOUT ANY OTHER WARRANTY OF ANY KIND, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, ANY IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, ALL WITH REGARD TO THE LICENSED PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE LICENSOR OR A THE LICENSOR AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
Some jurisdictions do not allow exclusion of implied warranties or limitations on the duration of implied warranties, so the above disclaimer may not apply to you in its entirety. To the extent applicable law requires The Licensor to provide warranties, you agree that the scope and duration of such warranty shall be to the minimum extent permitted under such applicable law.
IN NO EVENT DOES THE LICENSOR PROVIDE ANY WARRANTY OR REPRESENTATIONS WITH RESPECT TO ANY THIRD PARTY PRODUCT OR SERVICE WITH WHICH THE LICENSED PRODUCT IS DESIGNED TO BE USED, AND THE LICENSOR DISCLAIMS ALL LIABILITY WITH RESPECT TO ANY FAILURES THEREOF.
11 LIMITATION OF LIABILITY
Licensed Products purchased from The Licensor are provided as-is and The Licensor disclaims all other warranties, express or implied, including merchantability or fitness of purpose. The Licensor 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 the use of services even if The Licensor has been advised of the possibility of such damage. It is the Licensee’s responsibility to ensure the accuracy, compliance with applicable statute or regulation, and fitness of purpose of the Licensed Product received from The Licensor prior to use thereof. In the event any liability is imposed on The Licensor, The Licensor’s liability to the Licensee or any third party shall not exceed the price paid for the Licensed Product.
12 INDEMNITY
You agree to indemnify, defend and hold The Licensor and its officers, directors, employees, subsidiaries, and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your breach of the terms and conditions of this Agreement, your violation of any laws, regulations or third party rights or your negligent act, omission or wilful misconduct, including those regarding intellectual property.
13 DISPUTES
Any disputes must be brought to the attention of The Licensor by email: info@humble-homes.com
COPYRIGHT
Humble Homes products and services are protected by United Kingdom Copyright Law, EU Copyright Directive and International Treaty Provisions.
TRADEMARK
Humble Homes and the Humble Homes logo are trademarks and service marks of The Humble Homes Company. All other brand and product names are trademarks, registered trademarks or service marks of their respective holders.
