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Smart House LLC Stock Plans License Agreement


License Grant: Fox Architects grants the purchaser, (hereafter called the Licensee) upon

payment of the license fee, the nonexclusive right to use the selected Smart House construction

documents in order to construct one structure. Additional licenses are required in order to

construct additional structures, and can be obtained by contacting Smart House LLC. Fox

Architects reserves all rights not expressly granted to Licensee. This license is not assignable

by Licensee without prior consent of Fox Architects. Content may be withheld at the sole

discretion of Fox Architects.

Copies and Reproduction: This is not a sale of the original documents. One reproducible copy

of the construction document set is provided. The licensee is permitted to print additional sets

as required to bid and construct the structure. Fox Architects retains ownership of the

construction documents and all subsequent copies.

Local Requirements and Permit Submittal: It is the responsibility of the Licensee to confirm

that these documents satisfy both the specific site conditions of the proposed lot and the

specific submittal requirements of local permitting agencies. The Smart House construction

documents meet generally accepted requirements for drawing submittals to permitting agencies.

Fox Architects cannot ensure these documents are appropriate for your specific conditions or

that they will meet all the requirements of your local permitting agency. Fox Architects

recommends consultation with a local building professional prior to submission of permit

application.

Stock Plan General Notes & Disclaimers

1. The Smart House construction documents meet generally accepted professional standards

and practices, but have been developed without reference to the Licensee’s specific site or

that site’s physical location. No knowledge of this site or location is acknowledged or

implied unless Fox Architects has been retained specifically to provide such analysis and

services.

2. It is the Licensee’s responsibility to consult with local construction professionals such as a

builder, architect or engineer to confirm first, that these construction documents meet all

current federal, state or provincial and local codes and regulations and second that they are

appropriate for the specific site conditions.

2.1. Compliance with local Building Code and Zoning requirements shall take precedence

over the Smart House construction documents. Local site conditions may vary. These

can include steep slopes, frost depth, soil bearing capacity, seismic and wind zones,

exposure, and so on. Local code requirements can also vary. These can include zoning,

life-safety and structural requirements.

2.2. The Licensee or Licensee’s builder shall check all dimensions and details as well as

structural, mechanical and electrical requirements to verify conformance with governing

code requirements for the jurisdiction in which the house is to be built before beginning

construction.

2.3. Do not scale drawings. Use dimensions provided. Notify the architect of any

discrepancies.

2.4. Any use of the construction documents without review and implementation of any

necessary revisions based on zoning, codes, code revisions, standards, site conditions

or other factors which may affect the physical or legal constructability of the project is at

the Licensee’s sole risk.

2.5. Fox Architects assumes no responsibility for changes made to these documents by

others.

2.6. Fox Architects makes no warranties, either expressed or implied, in the use of these

documents.

3. Fox Architects assumes no responsibility either to ensure that construction conforms to

these plans, or for construction means, methods, techniques, sequences or procedures in

connection with the work, unless Fox Architects has been engaged specifically to provide

such services.

4. The Licensee agrees to hold harmless, defend and indemnify Fox Architects for all claims,

costs, losses or damages resulting from the use of these documents including, but not

limited to, claims of third parties that Licensee's modifications of these plans infringe the

copyrights of others.

5. These drawings and specifications are copyright protected and remain the property of Fox

Architects. Unauthorized reproduction of these documents is expressly forbidden. The

Licensee is granted the right to make copies as needed for the construction of one building

per construction document purchase. Any other reproduction or construction is

unauthorized. The Licensee may be held legally responsible for any copyright infringement

that is caused by the failure to adhere to the terms of this agreement. Any modifications of

the drawings and specifications created by Licensee or its agents or contractors shall be

subject to the obligation to grant back to Fox Architects the exclusive license to any

modifications, derivative works or final drawings.

6. Jurisdiction and Venue. Fox Architects and the Licensee agree that this transaction is

governed by the laws of the state of Washington and that any litigation arising from this

License Agreement or the Licensee's use of plans provided pursuant hereto shall be subject

solely to the jurisdiction of the Superior Court of the State of Washington for Jefferson

County or, in the alternative if applicable federal court jurisdictional requirements are met,

the Federal Court for the Western District of Washington.

Liability Exclusions: Fox Architects and/or Smart House LLC, including their employees,

associates, or anyone else involved in the creation, production, sales or delivery of this product

shall not be liable for any direct, indirect, consequential, or incidental damages as a result of the

use of the smart House construction documents.

Purchase: All sales are final.