License Agreement

The undersigned licensee (“Licensee”) desires to obtain from Nanabode, LLC the right to obtain drawings and specifications to facilitate Licensee’s construction of a single home, and Nanabode, LLC is willing to grant such right to Licensee on the terms and conditions set forth below, which both parties agree shall govern their rights, duties and obligations to each other with respect to the subject matter of the agreement (“Licensee Agreement”). Therefore, in consideration of the forgoing, Nanabode, LLC and Licensee agree as follows:   A.  Use of Drawings and Specifications  1.  These Drawings and Specifications (“The Plans”) are the property of Nanabode, LLC and are protected by the United States Copyright Laws. Any use of the information contained in the Plans beyond the one-time use authorized by a purchase by the Licensee, or any duplication, publication, sale or distribution of any part of these Plans without prior written consent of Nanabode, LLC is prohibited and represents a violation of federal laws subject to criminal and civil penalties.  2.  A purchase of this License grants a limited license to the purchaser as “Licensee” to use such Plans to construct a single home in accordance with the terms hereof. These terms represent the License Agreement between Nanabode, LLC and Licensee. Licensee acknowledges that all rights of ownership, title and interest in the copyrights, Plans, and derivative works with Nanabode, LLC, or if derivative works are created by Licensee or its builder or architect after Licensee purchase, the rights herein are hereby are transferred by Licensee to Nanabode, LLC. Modified plans are considered derivative works of the original and receive the same copyright protection even if completely redrawn. Thus License for use of The Plans ends with the completion of the house or abandonment of the construction project for which the License was acquired. The limited License is personal to Licensee, and Licensee acknowledges that the Plans and License are not transferable to a third party.  3.  Any use of the Plans or modifications of the Plans, by the Licensee’s builder or others is done at the Licensee’s own risk. Licensee should have the plans reviewed by a local licensed architect or engineer before the start of construction. The information contained within the Plans is to indicate design intent and basic construction detailing. It is the Licensee’s builder’s responsibility to provide a structurally sound and weatherproof product.  B. Content of Plans  1.  These plans do not contain detailed plumbing, heating or air conditioning drawings due to the wide variety of local codes and climatic conditions. Licensee is advised to have a local MEP engineer or contractor provide detailed MEP drawings as may be required for permits or construction.  C. Licensee’s and Builders Responsibilities  1. It is the responsibility of the Licensee and its Builder to ensure that: (a) all construction is in accordance with the latest addition of all applicable National, State and Building Codes.  (b)all manufactured articles, material and equipment are applied, installed, connected, erected, used, cleaned, adjusted, operated and conditioned as directed by manufacturers, and that builder follows all instructions to maintain and preserve all expressed and implied warranties and guarantees. (d) all materials, equipment and components are new and of good quality. (e) all dimensions and details are accurate and appropriate according to local conditions and that the final selection of materials such as masonry, floor joists, lumber, structural members, construction panels, roofing, etc. are consistent within. (f) any deviations or changes from the Plans that are the result of such variances have been incorporated into and coordinated with the Plans. (g) all tests and inspections as specified or otherwise required by the local building department have been coordinated and are timely obtained and all costs and fees for same have been paid. All building permits and upon completion of the project, a Certificate of Occupancy Use (or equivalent  as local conditions require) from the building department have been obtained. (h) only state licensed contractors/subcontractors have been used for all plumbing and electrical work, and that they have been required to submit all required permits, certificates, and sign-offs to the Licensee for Licensee’s records prior to final payment. (i) all dimensions have been verified, and any discrepancies addressed prior to submission of construction proposal and beginning of work. (j) Plans may be scaled for estimating purposes only. For all dimensions and locations, refer to dimensions on the Plans. It is the responsibility of the builder to verify all dimensions in the field. (k) the Licensee’s builder shall be exclusively responsible for any warranty or guarantee required by the Licensee. THE PLANS ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. INCLUDING WARRANTIES OF TITLE, NONFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITATION OF THE FORGOING, LICENSEE AGREES THAT IT IS THE LICENSEE’S RESPONSIBILITY TO ENSURE, PRIOR TO USE OF ANY PLANS, THAT SUCH PLANS ARE ACCURATE, SUITABLE FOR LICENSEE’S PURPOSES AND THAT THEY COMPLY WITH ALL APPLICABLE LAWS. IN NO EVENT SHALL NANABODE, LLC OR ANY OF ITS DESIGNERS, BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE PLANS. NANABODE, LLC’S LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO (A) THE AMOUNT, IF ANY, LICENSEE PAID TO NANABODE, LLC IN CONNECTION WITH THE MATTER GIVING RISE TO SUCH LIABILITY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THUS CERTAIN LIMITATIONS ABOVE MAY NOT APPLY TO LICENSEE. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE  OR UNENFORCEABLE FOR ANY REASON, NANABODE, LLC’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100. This License Agreement is governed by the laws of the State of Texas and United States Copyright Laws. The parties agree that any suit brought on by any claim related to the provisions hereunder (including any suit for copyright infringement for exceeding the scope of the license) shall be brought exclusively in the state of federal courts located in Travis County, Texas.