FIVE 28 Group

Five 28 Group Inc License Agreement

 

Grant of License: In consideration of payment for use of architectural drawings and specifications as instruments of service known hereinafter as the “Plans”, Five 28 Group Inc grants you, the Licensee, a nonexclusive right to use and to construct ONE (1) structure (house) from these Plans. The licensee will provide the full address of the building site which, along with the Licensee's name, shall be included on the drawings provided. Purchased plans shall not be used to build more than one structure (house) and under no circumstances can the plans be re-sold to another party.

 

Additional licenses may be obtained by contacting the Five 28 Group Inc. Five 28 Group Inc reserves all rights not expressly granted to Licensee.

​

Use of Drawings by Contractors/Sub Contractors/Architects/Designers/Engineers: The Licensee agrees to ensure that any other party engaged in the construction of their home, who uses or modifies the drawings, understands and agrees that the drawings are for use of the construction of one house..

 

Copies: One PDF copy of the Plans will be e-mailed within 1-3 weeks of receiving payment on the order unless an alternate delivery schedule has been discussed. The license agreement allows the licensee to print sets of the Plans as needed for permitting and the construction of your project. Your license agreement is non-transferable and does not allow you to post drawings on the internet, resell or use the design more than once.

 

Local Conditions: These Plans have been drawn to meet generally accepted requirements. However, Five 28 Group Inc cannot ensure that they will be appropriate for your specific lot, site conditions, geographical location, environmental conditions, personal requirements and/or that they will meet all requirements of your province/state and/or municipal/county approving authority. It is the responsibility of the Licensee or their designate to site the building on their property and meet all local codes/requirements. Five 28 Group Inc recommends consultation with a local designer/architect, engineering and/or building professional to ensure code compliance prior to submission for the necessary permits.

 

Limitation of Liability: Neither Five 28 Group Inc, nor anyone who has been involved in the creation, production, or delivery of this product shall be liable for any direct, indirect, consequential, or incidental damages arising out of or in any way connected with the use of or inability to use the plans. By acceptance of this Agreement and the licensed Plans, the licensee agrees as your sole and exclusive remedy, including attorney's fees, is that Five 28 Group Inc 's liability for any claims, of any nature, shall be limited to $100.00 (One Hundred Dollars).

 

Marketing: The Plans you are purchasing are labeled “Five 28 Group Inc”. Marketing home sales using “Five 28 Group Inc” is prohibited, unless by written agreement from Five 28 Group Inc.

 

Purchase: All sales are final.

 

​

Plan General Notes & Disclaimers:

 

1. The Plans have been prepared to meet generally accepted professional standards and practices. The Licensee understands that the Plans have been developed without knowledge of or reference to the Licensee's site or geographical location. Site conditions, such as frost line/depth, soil bearing capacity, seismic, snow and wind zones, sun exposure, etc. vary and in some cases require that the design be modified to take these into consideration. Local code requirements for site setbacks, maximum building height, life-safety requirements such as stair width, stair rise and run, egress windows, smoke detectors, carbon monoxide detectors, etc. vary. Strength of materials (such as lumber) available locally may vary. Therefore, supplemental to these documents, it is the Licensee's responsibility to consult with their local builder, professional designer/architect and/or engineers (structural and/or civil) to determine that the Plans meet all current Federal/National, state/provincial and local codes, ordinances/bylaws and regulations, etc., and are appropriate to site conditions. Compliance with such requirements shall take precedence over these Plans.

 

It is the responsibility of the Licensee to engage the appropriate engineering professional and have them provide the necessary engineering documentation required for permit application and construction.  

 

2. Any use of the information provided in the Plans without adaptation to local codes, standards, site conditions and other factors is at the Licensee's sole risk. Five 28 Group Inc assumes no responsibility for changes made (modifications) to the Plans by others and makes no warranties, either expressed or implied, in the use of these plans. The Licensee agrees to defend and indemnify Five 28 Group Inc for all claims, costs, losses or damages resulting from the use of these Plans.

 

3. Prior to commencement of construction, it is the Licensee and their builder's responsibility to check all dimensions and details, and verify conformance with governing code requirements for the geographic area in which the house is to be built.

 

The information contained within the Plans is to indicate design intent and basic construction detailing. It is the Licensee, their consultants and their builder's responsibility to provide standard construction details and practices, to create a structurally sound and weatherproof finished project.

 

All structural, mechanical and electrical requirements shall also be reviewed by the appropriate professional before construction begins. Codes govern over drawings and dimensions govern over scale. Drawings should not be scaled.

 

4. Five 28 Group Inc has not been engaged for construction administration nor supervision of any kind and assumes no responsibility to ensure that construction conforms to the Plans, nor has any responsibility for construction materials, means, methods, techniques, sequences, procedures or safety precautions in connection with the work.

 

5. Any names of materials and manufacturers indicated on the Plans do not represent an endorsement or recommendation by Five 28 Group Inc. Final selections of materials are the responsibility of the Licensee and Licensee’s builder, including but not limited to proper installation of materials, nailing, screwing, gluing, caulking, insulating, flashing, weatherproofing and many other small items and details not necessarily indicated in the Plans, and over which Five 28 Group Inc has no control or responsibility. Five 28 Group Inc shall not be held liable for any errors, omissions, or deficiencies in any form.

 

6. These Plans are copyrighted. Unauthorized copying of these Plans is expressly forbidden. The Licensee is granted the right to make copies as needed for the construction of one (1) building. Use of these Plans for construction of more than one home is prohibited. Any copying, other than with regard to the single site for which it has been authorized for use, is strictly prohibited. The licensee may be held legally responsible for any copyright infringement that is caused or encouraged by the failure to adhere to the terms of this agreement.

 

7. Five 28 Group Inc retains ownership of the copyright of the design described in the Plans and all subsequent copies of the work, regardless of the form of the original and other copies. Licensee acknowledges that all rights of ownership, title, and interest in the copyrights, Plans, and derivative works remain with Five 28 Group Inc or if derivative works are created by Licensee or its builder or architect after Licensee’s purchase, the rights therein are hereby transferred by Licensee to Five 28 Group Inc. Modified plans are considered derivative works of the original and receive the same copyright protection even if completely redrawn. This 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. This limited License is personal to Licensee, and Licensee acknowledges that the Plans and License are not transferable to a third party. The Licensee agrees that purchase of the Plans is not a sale of the original documents.

 

8. No other agreements exist between Licensee and Five 28 Group Inc unless agreed to in writing. The Licensee and Five 28 Group Inc agree that the venue for any disputes arising from this agreement shall be held in the city of Calgary in the province of Alberta, Canada and shall be resolved through binding arbitration. In the event of any suit arising from this Agreement, the prevailing party shall be entitled to an award of fees and costs, including attorney fees, as incurred in connection therein.