Terms & Conditions
DIGITAL FILES
Single-User License Agreement for Access to Fine Line Boat Plans Digital Files
Please read before downloading digital file!
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.
Terms and Conditions when using FINE LINE BOAT PLANS AND DESIGNS website.
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.
Trademarks
All trademarks, service marks and trade names of Fine Line Boat Plans and Designs used in the site are trademarks or registered trademarks of Fine Line Boat Plans and Designs
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Fine Line Boat Plans and Designs disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Fine Line Boat Plans and Designs does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Fine Line Boat Plans and Designs does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Fine Line Boat Plans and Designs shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Fine Line Boat Plans and Designs has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Fine Line Boat Plans and Designs product is mistakenly listed at an incorrect price, Fine Line Boat Plans and Designs reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Fine Line Boat Plans and Designs reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Fine Line Boat Plans and Designs shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Fine Line Boat Plans and Designs without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Fine Line Boat Plans and Designs may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Fine Line Boat Plans and Designs.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Fine Line Boat Plans and Designs or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
Fine Line Boat Plans and Designs does not and cannot review all communications and materials posted to or created by users accessing the site, and are not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Fine Line Boat Plans and Designs is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Fine Line Boat Plans and Designs reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Fine Line Boat Plans and Designs in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Fine Line Boat Plans and Designs, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Fine Line Boat Plans and Designs may link to sites operated by third parties. However, even if the third party is affiliated with Fine Line Boat Plans and Designs, Fine Line Boat Plans and Designs has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Fine Line Boat Plans and Designs. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Fine Line Boat Plans and Designs seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
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