mBark Design Ltd.
Upon purchasing any of our packages, you hereby agree to the following:
Designer is willing to license the Plan(s) documents to Client only upon the condition that Client accepts all of the terms contained in this Limited License Agreement. Please read the terms carefully.
STANDARD PLAN/S, LIMITED EDITION PLAN/S, SINGLE EDITION PLAN/S
Designer grants Client a limited non-exclusive license to use the copyrighted drawings and/or CAD files of the Plan(s) named above, as follows:
1. Purchase of the Plan(s) grants a limited, non-transferable, non-exclusive license to Client to build the home depicted in the Plan(s) one time and one time only. Subject to Designer’s expressed, advance written permission, a re-use fee as determined by and payable to Designer will be required if Client wishes to build the home depicted in the Plan(s) more than one time.
2. Client is hereby granted permission to modify the Plan(s); however, copyright to the Plan(s) remains the sole property of Designer. No permission is given to claim copyright on the original or any modified Plan(s). Client will provide Designer one (1) printed copy of final modifications made to the Plan(s) upon commencement of construction.
3. The original and/or modified Plan(s) may not be sold, distributed or otherwise transferred without the express written consent of Designer, and appropriate compensation to Designer.
4. Client is hereby granted permission to reproduce the Plan(s), but only in connection and as required for the construction of one (1) home as described in the Plan(s) subject to this Limited License Agreement.
5. Drawings, sketches and specifications are instruments of service and remain the property of Designer, 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 Designer and with appropriate compensation to Designer, as determined by Designer.
6. Client agrees to hold harmless and indemnify Designer 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 Plan(s), electronic files, drawings and data provided by Designer under this Limited Licensing Agreement.
7. The Plan(s) is protected by Federal Copyright Laws. Any use of the information contained therein beyond the one-time use authorised to Client by this Limited Licensing Agreement, or any duplication, publication, sale or distribution of any part of the Plan(s) without the prior written consent of Designer 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 Plan(s), and/or modifications of the Plan(s), by Client, builders or others on Client’s behalf is done at their own risk. Licensee is strongly advised to have the Plan(s) reviewed by a local structural engineer before the start of any construction. The information contained within the Plan(s) 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.
9. 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.
10. All Plan(s) are designed to meet building codes in effect at the time and place they were created by Designer. Because of the differences in geography and climate throughout Australia and New Zealand, each state has its own building codes, zone requirements, ordinances, and building regulations. The Plan(s) 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. Designer authorises the use of the Plan(s) on the express condition that Client will consult a local licensed 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.
Australian & New Zealand house design clients are advised to review local building regulations before purchasing any of our plans.