File Download Agreement

Important Notice:

This agreement applies to the download and use of computer files, drawings, plans, details and other components (collectively, "DOWNLOADED FILES") posted in this Download Library.

THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU AND PLANHELP.COM (THE COMPANY) WHICH SPECIFIES THE LICENSE TERMS AND WARRANTY AND LIABILITY LIMITATIONS REGARDING YOUR USE OF DOWNLOADED FILES MADE AVAILABLE BY THE COMPANY.

Any downloaded plans, details, specifications or other tools are to be used at your own discretion for you own projects. You have the right to modify these materials to meet your specific needs. The company does not warrant that any downloaded material will be appropriate for your situation or that it will meet all the requirements of your codes. It is your responsibility to check with local building professionals to confirm the suitability of any drawings you produce using these materials.

Some of these files and drawings will have been donated to the Download Library by other members. Just as with the Company, you hold harmless other PlanHelp members for any use you may make of these materials (see Terms of Use - http://www.planhelp.com/public/73.cfm.)

You may not sell, barter or aggregate downloaded materials or make them available to non-members by posting, copying or emailing. You do have the right to use these materials in your own drawings and building documents that are to be used for the construction of your own or your clients projects. You may also sell such works of your own design so long as you acknowledge The Company materials with the following notice: "These drawings incorporate open source plan materials available from PlanHelp.com."

NON-COMPANY FILES AVAILABLE THROUGH THIS DOWNLOAD AREA ARE SUBJECT TO THE SPECIFIC LICENSE CONDITIONS OF THEIR RESPECTIVE AUTHORS, AND ARE ADDITIONALLY SUBJECT TO BOTH THE LIABILITY AND WARRANTY LIMITATIONS OF THIS LICENSE AGREEMENT. INSTALLATION OR USE OF THESE DOWNLOADED FILES INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR USE ANY OF THESE FILES.

Not Commercial Software

THE DOWNLOADED FILES SUBJECT TO THIS AGREEMENT ARE NOT COMMERCIAL SOFTWARE. THEY ARE NOT COVERED BY ANY OTHER WARRANTY CONTAINED IN ANY OTHER LICENSE AGREEMENT BETWEEN YOU AND THE COMPANY. THE COMPANY HAS PERFORMED NO QUALITY ASSURANCE TESTING AND WILL NOT MAINTAIN AND SUPPORT ANY DOWNLOADED FILES UNLESS OTHERWISE EXPLICITLY INDICATED.

Termination

THE COMPANY may terminate this Agreement at any time for any reason (or no reason), with or without notice. Upon any termination of this Agreement, all rights granted herein shall immediately terminate, and you must promptly return to THE COMPANY or destroy all copies of all Files Downloaded from this download area.

Risk of Use

YOU UNDERSTAND THAT THE DOWNLOADED FILES MAY NOT HAVE BEEN TESTED AND MAY HAVE ERRORS. YOUR USE OF ANY DOWNLOADED FILE IS ENTIRELY AT YOUR OWN RISK.

No Warranty

THE DOWNLOADED FILES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR REPRESENTATION WHATSOEVER, EXPRESS OR IMPLIED. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.

Indemnification

You agree to defend, indemnify, and hold harmless THE COMPANY against and in respect of any claim, suit, loss, damages, obligations, penalty, deficiency, or liability (including, without limitation, attorneys' fees) imposed upon, incurred by, or asserted against THE COMPANY that result from or are alleged to result from (a) any breach of this Agreement, (b) any acts, misrepresentations, or omissions in connection with this Agreement, (c) any modification or alteration of a Downloaded File, and/or (d) any warranty, condition, representation, or indemnity granted by you for any Downloaded File.

Limitation on Liability

IN NO CASE SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, WHETHER SUCH DAMAGES ARE BASED UPON A BREACH OF EXPRESS OR IMPLIED WARRANTIES, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY. THIS IS TRUE EVEN IF THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL THE COMPANY'S LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY YOU TO THE COMPANY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE WARRANTY LANGUAGE ABOVE MAY NOT APPLY TO YOU. IN SUCH CASE, THE COMPANY'S LIABILITIES SHALL BE LIMITED BY THIS LIMITATION ON LIABILITY PROVISION.

Export Law Assurances

You acknowledge that the Downloaded Files are subject to the export control laws and regulations of the United States. You confirm and agree that you will not export any Downloaded File, directly or indirectly, to any country or end user that is subject to United States export restrictions, or import into any country, except as permitted by the laws and regulations of the applicable country.

U.S. Government Restricted Rights

If this license is acquired under a U.S. Government contract, use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in DFARS 252.227-7013(c)(1)(ii) for Department of Defense contracts and as set forth in FAR 52.227-19(a)-(d) for civilian agency contracts. THE COMPANY reserves all unpublished rights under the United States Copyright laws.

Miscellaneous

You have no authority to act on THE COMPANY's behalf or to bind THE COMPANY to any obligation or representation, and you and THE COMPANY shall not be deemed to be partners, joint venturers, or agents of the other. The internal laws of the Commonwealth of Washington control this Agreement if you are located in the United States or in any other country. The provisions relating to No Additional Licenses, Termination, No Warranty, Limitation on Liability, Indemnification, Export Law Assurances, and Miscellaneous shall survive the termination of this Agreement. This Agreement is the complete agreement between you and THE COMPANY Corporation concerning the Software Component. The failure or delay of THE COMPANY to exercise any of its rights under this Agreement or upon any breach of this Agreement is not a waiver of those rights or of the breach.