FAQ    |    Copyright    |    DLA

 I.          Definitions:

1.  Copyright    "©"  An original Design of a Structure embodied in any tangible medium of expression, including a Building, architectural plans, or drawings, subject to Copyright protection as an “architectural work” under Section 102 of the Copyright Act, 17 U.S.C., as amended on December 1, 1990. The work includes the overall form as well as the arrangement and composition of spaces and elements in the design but does not include individual standard features or design elements that are functionally required. The Copyright lasts for the life of the author plus 70 years.

2.    Contractor    The person, or entity that has oversight of the construction, and means and methods of assembling the Structure, and its components.

3.    Design    The creative, intellectual representation of a parti, or idea , or form of a Structure, ands its related elements, arrangement and composition of spaces and elements in the Structure, being the actual Structure, and or represented thru; Documents, drawings, sketches,  plans, or by other graphic, or electronic means, indicating the assembled intent.

4.    Design License Agreement   ("DLA")  is a legal agreement between the Licensee and the Licensor, which governs the  use of the Design, and Documents for the purpose of Constructing one Structure. Licensee agrees  to be legally bound by the terms of this DLA, and the use of the corresponding Documents in accordance with the terms of this DLA. By Constructing the Structure of the Design, the Licensee shall be bound by the terms and conditions of this DLA.  If Licensee dos not agree to the terms of this DLA, Licensor shall not be deemed to have licensed the Design to Licensee. In such case,  Licensee may not use the Design, and or Documents, and any unauthorized use may be in violation of the Federal Copyright law, and will be subject to the prescribed penalties.

5.    Documents    The graphic tangible medium of expression, inclusive of, but not limited to, drawings, sketches, renderings, and electronic files, that represent the Design.  This includes, but is not limited to the Schematic Drawings, Construction Drawings, Renderings, CAD files, and files located within the ResDes.Com website. 

6    Licensee    The purchaser of the License; the person , or entity, obtaining the License.

7.     Licensor    The Copyright holder (ResDes.Com, its owners, agents, members, shareholders, employees, consultants, board members, or any other related party, Architect, or designer.).  The one granting the License.

8.    Structure    The residence, or final structure to be built, from the Design, from the representation of drawings, sketches, or plans, obtained with the License.  A building that is habitable by humans and intended to be both permanent and stationary, such as houses.

II.          Terms and Conditions (Articles):

1.    Ownership.

1.1    All rights, titles and interest in and to the Design and the Copyright associated therewith are owned by Licensor. The foregoing rights to the Design are licensed to the Licensee on a limited basis as prescribed in the following Article 2. In any event, this provision shall  not be construed in any way, as an expression to assign or sell any Copyrights of, or any other intellectual property rights to, the Design from  Licensor to Licensee.

2.    Grant of License.

2.1    Licensor grants Licensee a non-exclusive, non-transferable license to Construct the Structure of the Design, (1) one time only, at a location to be determined by the Licensee.  If Licensee Constructs more than one Structure, without obtaining additional License(s) (DLA), Licensee shall be in violation of the Federal Copyright law, and will be subject to the prescribed penalties.  The DLA  is granted to the original Licensee only and may not be transferred, assigned, or sub-licensed to any other party. Licensee may modify the Design, and or Documents, in order to conform to the local conditions, and codes only. The Design, and or Documents may not be licensed, sold or given to anyone else. 

2.2    Licensee, with the exception of the provisions of Article 2.1, shall not make any copies, scans, or other images, either graphic, or digital  of the Design, or Documents. 

2.3    Except for expressly stipulated in Sections 2.1 and 2.2 above, Licensor does not grant Licensee any license relating to the Design. Except to the extent expressly permitted by applicable law, Licensee  may not, (i) make any copies of the Documents except as expressly permitted in accordance with Sections 2.1 and 2.2 of this DLA, (ii) modify the Design, (iii) modify the Design to create any derivative Design, (iv) use the Design to Construct more than one Structure, (v) rent or lease the Design, (vi) Use the Design in any marketing materials, or electronic means, or (vii) transfer the Design to any third person or parties by any means.

2.4    The use of the Design , or Documents for marketing is strictly limited to promoting the sale of a single individual home constructed from the Design. Any other means of marketing is prohibited. The ResDes.com name and logo are trademarks of ResDes.com . Any use without permission is prohibited. 

2.5    Licensor copyright information must remain on Documents. Licensor  must be recognized as the original Copyright holder of the Design, and Documents, or any authorized derivative work (per Article 2.1 only) there from.

3.    Warranties and Disclaimers.

3.1    TO THE EXTENT ALLOWED BY LAW, THE DESIGN, AND DOCUMENTS ARE PROVIDED TO THE LICENSEE "AS IS" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED.   LICENSOR SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT AND/OR FITNESS FOR A PARTICULAR PURPOSE.  LICENSOR SPECIFICALLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

3.2    Any use of the Design, or modifications of the Documents, by Licensee, or their agent, is done at their own risk.   The Design, and Documents are representative of local building conditions in the Midwest region.  Local city, county, state, zoning, and building codes may require modifications or additional Documents, in order to comply with their regulations.  Additional seismic,  wind, hurricane, or climactic design may be required in certain regions.  It shall be Licensee's responsibility to have the Design, and Documents reviewed by a local professional Architect or Engineer before the start of construction, to confirm, or modify the Design, and Documents to local conditions. The information contained within the Documents indicate the Design intent only, and may not contain all details necessary for  construction of the Design, in a particular area or region.  The foundation plan and associated details are provided as a basic guide for a typical spread footing/concrete block foundation system.  Licensee should have a local Architect or Engineer review the Documents and provide a site-specific foundation design if found necessary.  

3.3    The Documents provide ideas and concepts and are not intended to be complete in all respects and details. Variations in standard sizes of elements and use of different materials and thicknesses can change details. 

3.4    It is the responsibility of the Licensee, or their agent, to check all dimensions and details for overall accuracy appropriate to the local conditions and the final selection of materials and finishes.

3.5    Names of materials and manufacturers shown on the Documents do not represent an endorsement or recommendation by Licensor.  Selections of materials are the responsibility of the Licensee, 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 Documents, and over which Licensor has no control or responsibility.  

4.  Limitation of Liability

4.1   IN NO EVENT SHALL LICENSOR  BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF USE OF STRUCTURE, INTERRUPTION OF HABITATION, OR FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE DESIGN,  AND OR DOCUMENTS WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. LICENSEE'S USE OF THE DESIGN, AND DOCUMENTS IS ENTIRELY AT LICENSEE'S OWN RISK. SHOULD THE DESIGN, OR DOCUMENTS PROVE DEFECTIVE, OR CONTAIN ERRORS, OMISSIONS, OR DESIGN DEFECTS, LICENSEE SHALL ASSUME THE ENTIRE COST OF ALL SERVICE, REPAIR OR CORRECTION AND, TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, LICENSEE AGREES  TO UNCONDITIONALLY WAIVE ALL STATUTORY OR OTHER RIGHTS THAT MAY BE HELD BY LICENSEE AGAINST LICENSOR IN RESPECT OF SUCH DEFECT. Notwithstanding the above, these terms do not purport to limit the statutory rights of a consumer that cannot be waived under the applicable law. 

4.2    Licensor does not, and will not have control of the construction process, and means or methods, used by the Contractor.  In as such, Licensor shall be held harmless, out of any claims or suites, either directly, or as a third party, that may arise from the course of Construction, whether, or not, if it is due to any errors, omissions, or other design defect, whether known, or unknown.

4.3 The actual limit of liability for the Licensor shall not exceed the amount that the Licensee paid for the DLA.

5.    Term.

5.1    This DLA will become effective on the issue date of this DLA, and  shall be perpetual. However, Licensor  may terminate this DLA without notice.

6.    Governing Laws

6.1    This DLA is governed and controlled under the jurisdiction of the laws of Ohio. If any of the provisions of this DLA shall be declared void, such provisions shall be severable and independent from the other provisions of this DLA, and the validity of the other provisions and of the entire DLA shall not be affected.