Agreement
Agreement
FreitasAIA.com End User License Agreement – Single Development License
1. This is an agreement by and between Sean Freitas Architect ("Licensor"), owner of FreitasAIA.com, and the End User ("Licensee"), who is being licensed to develop one (1) single project use of the downloaded drawing files ("Design").
2. Licensee acknowledges that this is only a limited nonexclusive license. Licensor is and remains the owner of all titles, rights, and interests in the Design.
3. This License permits Licensee to install the Design on more than one computer system for use solely by Licensee, as long as the Design will not be used on more than one (1) project. Licensee will not make copies of the Design or allow copies of the Design to be made by others, unless authorized by this License Agreement. Licensee may make copies of the Design for backup purposes only.
4. Licensee is permitted to develop one (1) project from the Design. The Design may be used for the project on behalf of the Licensee, be that the Licensee or client(s) thereof. The Design, in whole or in part, may NOT be used for the development of designs for resale or distribution without the express written permission of the Licensor.
5. Unless otherwise expressly authorized in a separate written agreement between, and executed by, you and Sean Freitas Architect, the following license restrictions apply: You may not rent, lease, sublicense, use and/or permit the use of the Design on a timeshare or service basis. In addition, you may not provide the Design as part of a design service, whether as a subscription basis or otherwise.
6. This Design is subject to a limited warranty. Licensor warrants to Licensee that the Design will perform according to its printed documentation, and to the best of Licensor's knowledge Licensee's use of this Design according to the printed documentation is not an infringement of any third party's intellectual property rights. To the extent permitted by law, THE ABOVE-STATED LIMITED WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND LICENSOR DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. No agent of Licensor is authorized to make any other warranties or to modify this limited warranty. Licensee has specific legal rights pursuant to this warranty and, depending on Licensee's jurisdiction, may have additional rights. Due to the nature of downloaded digital media, designs may not be returned for credit and/or refund under any circumstances.
7. Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE'S USE OF THE DESIGN, whether based on lost revenue or otherwise, regardless of whether LICENSEE was advised of the possibility of such losses in advance. In no event shall LICENSOR's liability hereunder exceed the amount of license fees paid by Licensee, regardless of whether Licensee's claim is based on contract, tort, strict liability, product liability or otherwise. Licensee's jurisdiction may not allow such a limitation of damages, so this limitation may not apply.
8. Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee's business operations.
9. Licensor has the right to terminate this License Agreement and Licensee's right to use this Design upon any material breach by Licensee.
10. Licensee agrees to return to Licensor or to destroy all copies of the Design upon termination of the License.
11. This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Design. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Design. This license is subject to change without notice.
12. This License Agreement is valid without Licensor's signature. It becomes effective upon the earlier of Licensee's signature, or Licensee's use of the Design, or purchase of the Design.
13. FreitasAIA.com is a copyright of Sean Freitas.
14. This License Agreement shall be governed by the laws of the State of California
