Single-User License Agreement for Access to Fine Line Boat Plans Digital Files
Fine Line Boat Plans agrees to deliver the digital file(s) to the Licensee (“You”) on the condition that You accept the following terms of use (“Agreement”). By downloading the digital file, You are accepting and agreeing to the terms and conditions of this Agreement which constitute a legal agreement between You and the Fine Line Boat Plans. If You do not agree with the terms of this Agreement, You should not download the digital file. Once the digital file is downloaded and received by You, no refunds or exchanges for the digital download will be given, except as may be necessitated by a technical issue.
1. License
A. Fine Line Boat Plans hereby grants You a non-exclusive, non-transferable license to the digital file for your sole use.
B. The Digital Files containing the STUDY PLAN or the FULL SIZE PLANS AND PATTERNS are supplied for the building of one boat only. If you wish to build multiple vessels please contact the office.
C. You may install the file on your computer and on up to four others of your personal devices if they are accessible by only You.
2. Authorized Use
A. The digital file is copyrighted by Fine Line Boat Plans, as indicated. Except as specified herein, no part of the digital file may be reproduced or transmitted in any form, including transmittal by e-mail, by file transfer protocol (FTP), or by being made part of a network-accessible system, without the prior written permission of Fine Line Boat Plans.
B. In cases of a requirement to reproduce a document or portions of a document as part of documentation for external submission (e.g. as part of technical specifications for a project proposal), the necessary pages of the document, may be reproduced and submitted provided Fine Line Boat Plans' copyright notice is included. You agree to notify Fine Line Boat Plans of any such use. For internal and archival purposes only, a paper copy may be attached to your documentation and shall be considered a permanent part of that documentation.
C. Under no circumstances are You permitted to reproduce or distribute all or part of any document for external use or for use in any other site or group of sites, except as set forth in (B) above.
D. Concurrent viewing of the digital file on two or more computers and viewing the digital file through a local area network, wide area network, or any other type of network including cloud-computing access is prohibited by this license. If a digital file is stored on your computer, and your computer is accessible to other users on a network, the file should be locked so as not to be accessed by other users on the network.
E. You may not sell, sublicense, lease, rent, modify, merge, adapt, translate, assign or otherwise transfer any of the digital file or parts of the file, or remove any proprietary notice, watermark, or label appearing on the file, including any copyright and trademark notices.
F. Allowable exemptions to these terms of authorized use are specified under the US Copyright Law Fair Use Doctrine, (U.S.C. Title 17, Section 107). Any breach of this Agreement is cause for revocation of this License.
3. Intellectual Property
All intellectual property contained within the digital file, and all trademarks, service marks, copyrights, ownership and other rights therein are and shall remain the sole and exclusive property of Fine Line Boat Plans. Other copyrights belonging to third parties are and shall remain the property of their respective copyright owners.
Fine Line Boat Plans reserves the right to change file settings, permissions, and modes of access on subsequent file downloads at its discretion without prior notice.
4. NOTICE
FINE LINE BOAT PLANS MAKES NO REPRESENTATION OR WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW) WITH RESPECT TO THE PRODUCT, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO THE SUFFICIENCY, ACCURACY OR UTILIZATION OF, OR ANY INFORMATION OR OPINION CONTAINED OR REFLECTED IN, OR PRODUCED THROUGH, ANY OF THE PRODUCT. AWWA EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE PRODUCT IS PROVIDED “AS IS.” THE USER ASSUMES ALL RISK OF USE. NO OFFICER, DIRECTOR, EMPLOYEE, MEMBER, AGENT, OR REPRESENTATIVE OF AWWA IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS LIMITED WARRANTY.
5. Disclaimer & Indemnification
In no event will Fine Line Boat Plans be liable for direct, indirect, special, incidental, or consequential damages arising out of the use of information presented in this digital file. In particular, Fine Line Boat Plans will not be responsible for any costs, including but not limited to those incurred as a result of lost revenue. In no event shall Fine Line Boat Plans' liability exceed the amount paid by the Licensor for the digital file license.
You agree to indemnify, defend, and hold harmless Fine Line Boat Plans and its Sections and each of their respective officers, directors, employees, legal representatives, agents, contractors, successors, and assigns from and against any and all losses, claims, demands, costs, damages, expenses, judgments, awards, settlements or liabilities in connection with any third party claim, suit, action, or proceeding resulting from or arising out of a third party claim based on a breach of this agreement, including any of the representations and warranties set forth herein.
6. Governing Law
This Agreement will be governed by U.S. intellectual property laws and the laws of the State of Colorado without giving effect to any choice of law principles that would require the application of the laws of a different country or state. The Parties consent to the exclusive jurisdiction of the local and U.S. government courts located in the State of Colorado, in any action arising out of or relating to this Agreement, and agree that any action arising out of or relating to this Agreement will be maintained in the same jurisdiction.
If You have questions at any time regarding the use of electronic files, please contact Fine Line Boat Plans for guidance and clarification. Once the digital file is downloaded and received by You, no refunds or exchanges for the digital download will be given, except as may be necessitated by a technical issue.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Fine Line Boat Plans and Designs. The collective work includes works that are licensed to Fine Line Boat Plans and Designs. Copyright 2016, Fine Line Boat Plans and Designs ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Fine Line Boat Plans and Designs or purchasing Fine Line Boat Plans and Designs products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Fine Line Boat Plans and Designs or to purchase Fine Line Boat Plans and Designs products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Fine Line Boat Plans and Designs. You further agree not to change or delete any proprietary notices from materials downloaded from the site.