Standard Licensing Agreement

1. License Agreement

ROAM Architecture, PLLC, its officers, directors, employees and subconsultants (hereinafter referred to as “the Licensor”) assumes no liability for any home, portion of a home, or other structure which may be built from these plans.  The purchaser of this License for use of the Design (hereinafter referred to as “Licensee”) is responsible for reading and complying with the following before the start of construction.

2. Use of the Design and Plans

A.  The Design and Plans are the property of the Licensor.  The Design and Plans are protected by Federal Copyright Laws.  Any use of the information contained herein beyond the one-time use authorized by a purchase of Licensee, or any duplication, publication, sale, or distribution of any part of the Design or Plans without the prior written consent of the Licensor represents a violation of Federal Laws subject to the prescribed penalties.

B.  Purchase of License and downloading / receiving any PDF documents grants the purchaser as “Licensee” the right to use such documents to construct a single structure.  A single purchase of the License allows duplication of prints solely for that purpose.  Licensee acknowledges that all rights of ownership, title, and interest in the copyrights, plans and derivatives remain with Licensor.  Modified plans are considered derivatives of the original and receive the same copyright protection even if completely redrawn.  License ends with the completion of the structure (occupancy).  License is not transferable to a third party.  This means if the structure is not built, the License may not be sold to somebody else.

C.  Any use of the Design and Plans, or modifications of the Design and Plans, by Licensee, builders or others is done at their own risk.  Licensee shall have the Design and Plans reviewed by a local professional architect or engineer before the start of construction.  The information contained within the documents is to indicate design intent and basic construction detailing.  It is the builder’s responsibility to provide standard construction details and practices which will result in a structurally sound and weatherproof finished product.

D.   Licensee agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Licensor from any damages, liabilities, or costs, including reasonable attorneys’ fees and costs of defense, arising out of the use or modification of any Design and Plans, including electronic files.  This indemnification provision shall survive the termination of this Agreement.

E.  It is understood that this Agreement does not include project observation or review of the builder’s performance or any other construction phase services, and that such services will be provided for by the Licensee.  The Licensee assumes all responsibility for interpretation of the Design and Plans and for construction observation and the Licensee waives any claims against the Licensor that may be in any way connected thereto.

3. Content of the Plans

A.  These Plans do not include any detailed electrical, 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 or builder provide detailed electrical, plumbing, heating or air conditioning drawings as may be required for permits and construction.  The foundation plan and associated details are provided as a basic guide for a typical spread footing / poured concrete foundation system.  The design as shown is typical for the New York State lower Hudson Valley region and may not be acceptable for other locations.  Licensee should have a local architect or licensed engineer review these Plans and provide a site-specific foundation design if found necessary by the Authority Having Jurisdiction (AHJ).

B.  These Plans 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.  No cutting or damage to building structural components will be allowed without written authorization from a local structural engineer.

D.  All utilities shall be connected to provide gas, electric, and water to all equipment whether said equipment is in Contract or not.  Equipment shall be guaranteed to function properly upon completion.

E.  Manufacturer’s standard specifications and materials approved for project use are hereby made part of these Notes with same force and effect as if written out in full herein.  All appliances, fixtures, equipment, hardware, etc. shall be installed in accordance with Manufacturer’s specifications and procedures.

F.  Written words take precedence over drawn lines.  Large-scale details and plans take precedence over smaller details and plans.  Should a conflict arise between the Specifications and Drawings, the requirements deemed most stringent shall be used.

G.  Minor details not usually shown or specified but necessary for proper and acceptable construction, installation, or operation of any part of the Work shall be included in the Work as if it were specified or indicated on the Drawings.

H.  All architectural drawings and construction notes are complimentary.  What is indicated and called for by one shall be binding as though called for by all.

I.  No deviation from the Drawings or Specifications or intent of same shall be made without the Owner’s written authorization.

J.  All dimensions are face of stud or centerline of structure unless otherwise noted (UON).

K.  Door and window unit dimensions are to centerlines of units, UON.

4. Builder’s Responsibility

A.  It is the responsibility of the builder to assure that all work is in accordance with the latest edition of all applicable National, State, and Local Building Codes.  It is the builder’s responsibility to assure that all work is in accordance with the latest edition of all applicable Construction Standards, fire department standards, utility company standards and best practices.

B.  It is the responsibility of the 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.  Builder shall follow all instructions to sustain and preserve all expressed or implied warranties and guarantees.

C.  It is the responsibility of the builder to assure that all materials, equipment, and components are new and of good quality.

D.  It is the responsibility of the builder to check all dimensions and details for overall accuracy appropriate to the local conditions

E.  It is the responsibility of the builder to arrange for all tests and inspections as specified or otherwise required by the local building department and shall pay all costs and fees for same.  The builder shall secure all building permits and upon completion of the project (prior to final payment) deliver to the Owner a Certificate of Occupancy, Use (or equivalent as local conditions require) from the building department.

F.  It is the responsibility of the builder to use State licensed contractors / subcontractors for all plumbing and electrical work.  Contractors / subcontractors shall submit all required permits, certificates, and sign-offs to the Owner for their records prior to final payment.

G.  The General Contractor shall verify all dimensions, be familiar with the existing conditions, and bring any discrepancies to the attention of the Licensee prior to submission of construction proposal and before beginning work.  Drawings may be scaled for estimating purposes and for general reference only.  For all other dimensions or locations, refer to dimensions on Drawings.  Verify all dimensions in the field.

H.  The General Contractor shall lay out all work and be responsible for all dimensions and conditions for trades such as electrical, plumbing, etc.

I.  All Work shall be guaranteed by the General Contractor for a minimum of one year after final approval, unless local laws require a longer warranty period.  The General Contractor shall sign the written guarantee as provided by the Owner.  The guarantee shall cover all general and subcontractor work.  All defects discovered during this period shall be repaired to the Owner’s satisfaction at the Contractor’s expense.

5. Disclaimer

Names of materials and manufacturers shown on these Plans do not represent an endorsement or recommendation by the Licensor.  Final selections of materials are the responsibility of the Licensee and / or 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 Design and Plans and over which The Licensor has no control or responsibility.  The Licensor shall not be held liable for any errors, omissions, or deficiencies in any form by any party whatsoever.