Builder Application Terms & Conditions

CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. YOU ACCEPT AND AGREE TO BE BOUND BY THIS LICENSE AGREEMENT BY CLICKING THE BUTTON LABELED ’’I ACCEPT’’ THAT IS DISPLAYED BELOW. IF YOU DO NOT AGREE TO THIS LICENSE, CLICK THE BUTTON LABELED ’’CANCEL’’ AND YOUR ORDER WILL BE CANCELED, THE BLUE PRINTS WILL NOT BE DELIVERED AND YOUR WILL NOT BE CHARGED. Background Recitals A. WHEREAS, you wish to offer to purchase the right to market floor plans build by us. B. AND WHEREAS, we wish to supply you with the licensed right to use the floor plans as specified in this Agreement. THEREFORE, in consideration of the premises and mutual covenants contained in this Agreement and for good and valuable consideration, the receipt and sufficiency of which you acknowledge, the parties agree as follows: Terms and Conditions 1. Definitions: ’’You’’ means the person or company who is being licensed to use the Blue Prints.”We”, “us” and “our” means Ultimate Design Inc. 2. License Grant: We hereby grant you a nonexclusive license to use the set of Blue Prints purchased by You for the construction of one building only, provided both that only one set of the Blue Prints is kept in your possession at any time and that your use of the Blue Prints fully complies with the terms of this Agreement. 3. Title: We remain the owner of all right, title and interest in the Blue Prints in any medium whatsoever. 4. Prohibitions: The Blue Prints are protected by copyright laws. You must treat the Blue Prints like any other copyrighted material. You may not: (a) copy the Blue Prints; (b) modify or adapt the Blue Prints. If you wish to modify or adapt the Blue Prints you must contact us to seek permission which permission may be arbitrarily withheld; or (c) sublicense, transfer, rent, lease or lend the Blue Prints. 5. Limited Warranty: While we take reasonable efforts in the drafting of our Blue Prints, we do no not assume liability for any errors or omissions in the Blue Prints, unless advised in writing of such errors or omissions prior to commencement of construction. Additionally building codes regulations, and construction practices vary widely from province to province and state to state, therefore we do not make any warranty, expressed or implied, with respect to the use of our Blue Prints, or the fitness of our Blue Prints for your unique construction project. Some jurisdictions require an architect or an engineer to review Blue Prints prior to issuing a building permit, we strongly recommend that you consult with a local architect or a building official to review the Blue Prints before you begin construction. To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 6. Limited Remedy: Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be to return the price you paid for the Blue Prints. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE BLUE PRINTS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 7. Term and Termination: This license agreement takes effect upon receipt of the set of the Blue Prints You ordered. You may terminate it at any time by destroying all copies of the Blue Prints in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Blue Prints in your possession. 8. Confidentiality: The Blue Prints contain trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE BLUE PRINTS OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS. 9. General Provisions: (a) Governing Law. This Agreement shall be governed by and construed in accordance with the substantive laws of the Province of Alberta and attorn to the courts of the Province of Alberta. (b) Entire Agreement. The parties have read this Agreement and agree to be bound by its terms and conditions, including the background recitals, and further agree that it constitutes the complete and entire agreement of the parties and supersedes all previous communications, oral or written, and all other communications between the parties. No representations or statements of any kind made by either party, which are not expressly stated herein, shall be binding on such party.