LIMITED LICENSE AGREEMENT – 4/5/2021

Purchase of the architectural Construction Documents hereinafter known as “CDs” indicates Client’s acceptance of all terms and conditions of this Limited License Agreement as stated below.
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Yamaguchi Martin Architects (hereinafter known as YM), is willing to license the CDs to Client only upon the condition that Client accepts all of the terms contained in this Limited License Agreement.  Please read the terms carefully.  YM grants Client a limited non-exclusive license to use the copyrighted drawings and/or (CAD) files of the CDs downloaded, as follows:

A. General Use of the CDs

1. Purchase of the CDs grants a limited, non-transferable, non-exclusive license to Client to build the home depicted in the CDs one time and one time only.  Subject to YM’s expressed, advance written permission, a re-use fee as determined by and payable to YM will be required if Client wishes to build the home depicted in the CDs more than one time.
2. Client is hereby granted permission to modify the CDs; however, copyright to the CDs remains the sole property of YM.  No permission is given to claim copyright on the original or any modified CDs. Client will provide YM one (1) printed copy of final modifications made to the CDs upon commencement of construction.
3. The original and/or modified CDs may not be sold, distributed or otherwise transferred without the express written consent of YM, and appropriate compensation to YM.
4. Client is hereby granted permission to reproduce the CDs, but only in connection and as required for the construction of one (1) home as described in the CDs subject to this Limited License Agreement.
5. Drawings, sketches and specifications are instruments of service and remain the property of YM, whether the project for which they are prepared is executed or not. They may not be used in whole or in part on other projects, or to complete a project without the express written consent of YM and with appropriate compensation to YM, as determined by YM.
6. Client agrees to hold harmless and indemnify YM from and against all claims, liabilities, losses, damages and costs, including attorney's fees, arising out of or connected with the use, construction, conversion, modification, misinterpretation, misuse, or reuse by Client or others of the CDs, electronic files, drawings and data provided by YM under this Limited Licensing Agreement.
7. The CDs are protected by Federal Copyright Laws.  Any use of the information contained therein beyond the one-time use authorized to Client by this Limited Licensing Agreement, or any duplication, publication, sale or distribution of any part of the CDs without the prior written consent of YM represents a violation of Federal Laws, and Client is subject to prosecution and the prescribed penalties to the full extent as provided thereunder.
8. Any use of the CDs, and/or modifications of the CDs, by Client, builders or others on Client’s behalf is done at their own risk.  Licensee is strongly advised to have the CDs reviewed by a local professional designer or engineer before the start of any construction.  The information contained within the CDs is to indicate design intent and basic construction detailing.  It is Client’s responsibility to ensure that Client has obtained the proper professional assistance to provide standard construction details and practices, which will result in a structurally sound and weatherproof finished product.

B. Content of the Plans

1. The CDs do not include any structural, plumbing, heating or air conditioning drawings due to the wide variety of local codes and climatic conditions.  Licensee should have a local electrical engineer, mechanical engineer, structural engineer, or builder provide these drawings as may be required for permits and construction.  Any foundation plan and associated details included are provided as a basic guide for a typical foundation system. This typical foundation system is not site or location specific. Licensee should have a local designer or licensed engineer review these plans and provide a site-specific foundation design if found necessary. The plans provided by YM are not stamped or signed by a designer, or engineer.  Local building codes, laws, regulations, or departments may require the plans to be signed and stamped by an engineer and/or designer.
2. The CDs provide ideas and concepts and are not intended to be complete in all respects and details.  Variations in standard sizes of window and door brands and types and use of different materials and thicknesses can change details.  Varying local codes, ordinances, regulations, foundation requirements, and the layout of electrical, mechanical, and plumbing systems can also change details.

C. Builder's Responsibility

1. It is the responsibility of Client’s builder to assure that all work is in accordance with the latest edition of all applicable National, State, and Local Building Codes.  It is Client’s builder's responsibility to assure that all work is in accordance with the latest edition of all applicable Construction Standards.
2. It is the responsibility of Client’s builder to assure that all manufactured articles, material, and equipment are applied, installed, connected, erected, used, cleaned, adjusted, operated and conditioned as directed by the manufacturers.  Client’s builder shall follow all instructions to sustain and preserve all expressed or implied warranties and guarantees.
3. It is the responsibility of Client’s builder to assure that all materials, equipment and components are new and of good quality.
4. It is the responsibility of Client’s builder to check all dimensions and details for overall accuracy appropriate to the local conditions and the final selection of materials such as masonry, floor joists, lumber, structural members, construction panels, roofing, etc., all of which can create variations in dimension and details.  For example, if standard lumber joists are used in place of engineered floor joists, the floor-to-floor dimension would vary from the CDs, and require revised stair dimension and framing.
5. It is the responsibility of Client’s builder to provide weather and water tight building enclosure and they shall be responsible for providing complete air / vapor barriers, house wrap, or any other components of the enclosure system.

D. Disclaimer

1. YM has created the CDs with a Standard of Care in accordance with generally accepted design practices.  Notwithstanding YM’s compliance with this standard of care, Client can normally anticipate that some changes and adjustments in the project will be required in order to correct any possible errors and omissions in the CDs. Such changes are not indicative, and may not be construed as negligence on the part of YM.
2. Names of materials and manufacturers shown on the CDs do not necessarily represent an endorsement or recommendation by YM.  Final selections of materials are the responsibility of the Client and/or Client’s builder, including but not limited to proper installation of materials, nailing, gluing, caulking, insulating, flashing, roofing, weatherproofing and many other small items and details not necessarily indicated on the CDs, and over which YM has no control or responsibility. YM shall not be held liable for any errors, omissions, or deficiencies in any form by any party whatsoever.
3. The CDs purchased by Client do not have a Designer or engineering signature, seal and/or stamp.  Client will consult the local building official who can tell Client if a review of the CDs by a licensed designer or engineer is required prior to submission of the CDs for a building permit.  All CDs are designed to meet building codes in effect at the time and place they were created by YM.  Because of the great differences in geography and climate throughout the United States and Canada, each state, county, and municipality has its own building codes, zoning requirements, ordinances, and building regulations. The CDs may need to be modified to comply with local requirements.  In addition, Client may need to obtain permits or inspections from local governments before and in the course of construction.  YM authorizes the use of the CDs on the express condition that Client will consult a local licensed designer or engineer of Client’s choice prior to beginning construction, and strictly comply with all local building codes, zoning requirements, and other applicable laws, regulations, ordinances, and requirements.

​Notices:
All CDs purchased for homes to be built in Nevada must be redrawn by a Nevada-registered professional.  Client will consult the local building official for more information on this subject.
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If CDs are purchased by another party on behalf of Client, they must provide authorization by Client for representation to do so; liability under the terms hereunder will apply to both Client and/or said representative.

By purchasing drawings from this website, you agree to this Limited License Agreement.