This End-User License Agreement (this “EULA”) is a legal agreement between you (“Licensee”) and Effektiv House Corp. (“Licensor”), the author of Effektiv House Design Tools, including all HTML files, CAD files of all types, XML files, Java files, graphics files, animation files, data files, drawing files, technology, development tools, scripts and programs, both in object code and source code (the “Tools”), the deliverables provided pursuant to this EULA, which may include associated media, printed materials, and “online” or electronic documentation.
By installing, copying, or otherwise using the Tools, Licensee agrees to be bound by the terms and conditions set forth in this EULA. If Licensee does not agree to the terms and conditions set forth in this EULA, then Licensee may not download, install, or use the Tools.
1a. Grant of License for “BDO MASS” and “BDO 100” files (the “BDO” files)
A) Scope of License. Subject to the terms of this EULA, Licensor hereby grants to Licensee a non-exclusive license to possess and to use a copy of the Tools.
B) Installation and Use. Licensee may install and use a maximum of two (2) copies of the Tools and make multiple back-up copies of the Tools, solely for Licensee’s business use without additional payment.
C) Limitation of Use. Licensee may use BDO’s on multiple projects without additional fees or re-use license requirements.
1b. Grant of EH Model and EH Drawing License (the “Model” files and “Drawing” files)
A) Scope of License. Subject to the terms of this EULA, Licensor hereby grants to Licensee a non-exclusive license to possess and to use a copy of the Tools related to a specific project.
B) Registration. At the time of purchase, the Licensee may be required to register with Licensor, the specific project and location information (the “Project”) the Tools are intended to be used in.
C) Limitation of Use. Licensee may make multiple back-up copies of the Tools, solely for Licensee’s business use for the Project. Licensee or any other person or business may not use or reuse the Tools or any derivatives works of the Tools for any purpose outside of the specific Project the Tools were registered for.
2. Description of Rights and Limitations
A) Limitations. Licensee and third parties may not reverse engineer, decompile, or disassemble the Tools, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding the limitation.
B) Update and Maintenance. Licensor shall provide updates and maintenance on the Tools on an as needed basis.
C) Separation of Components. The Tools is licensed as a single product. Its components may not be separated for use on more than one computer.
3. Title to Tools. Licensor represents and warrants that it has the legal right to enter into and perform its obligations under this EULA, and that use by the Licensee of the Tools, in accordance with the terms of this EULA, will not infringe upon the intellectual property rights of any third parties.
4. Intellectual Property. All now known or hereafter known tangible and intangible rights, title, interest, copyrights and moral rights in and to the Tools, including but not limited to all images, photographs, animations, video, audio, music, text, data, computer code, algorithms, and information, are owned by Licensor. The Tools is protected by all applicable copyright laws and international treaties.
5. No Support. Licensor has no obligation to provide support services for the Tools.
6. Duration. This EULA is perpetual or until:
A) Automatically terminated or suspended if Licensee fails to comply with any of the terms and conditions set forth in this EULA; or
B) Terminated or suspended by Licensor, with or without cause.
In the event this EULA is terminated, you must cease use of the Tools and destroy all copies of the Tools.
7. Jurisdiction. This EULA shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of Idaho, without regard to conflicts of laws provisions thereof. Any legal action or proceeding relating to this EULA shall be brought exclusively in courts located in Boise, ID, and each party consents to the jurisdiction thereof. The prevailing party in any action to enforce this EULA shall be entitled to recover costs and expenses including, without limitation, attorneys’ fees. This EULA is made within the exclusive jurisdiction of the United States, and its jurisdiction shall supersede any other jurisdiction of either party’s election.
8. Non-Transferable. This EULA is not assignable or transferable by Licensee, and any attempt to do so would be void.
9. Severability. No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of this EULA shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this EULA shall otherwise remain in full force and effect and enforceable.
10. WARRANTY DISCLAIMER. LICENSOR, AND AUTHOR OF THE TOOLS, HEREBY EXPRESSLY DISCLAIM ANY WARRANTY FOR THE TOOLS. THE TOOLS AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LICENSEE ACCEPTS ANY AND ALL RISK ARISING OUT OF USE OR PERFORMANCE OF THE TOOLS.
11. LIMITATION OF LIABILITY. LICENSOR SHALL NOT BE LIABLE TO LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE ANY LOSS OF PROFITS, INCOME, SAVINGS, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, DIRECT OR INDIRECT DAMAGE, WHETHER ARISING IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. UNDER NO CIRCUMSTANCES SHALL LICENSOR’S AGGREGATE LIABILITY TO LICENSEE, OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH LICENSEE, EXCEED THE FINANCIAL AMOUNT ACTUALLY PAID BY LICENSEE TO LICENSOR FOR THE TOOLS.
12. Entire Agreement. This EULA constitutes the entire agreement between Licensor and Licensee and supersedes all prior understandings of Licensor and Licensee, including any prior representation, statement, condition, or warranty with respect to the subject matter of this EULA.
Last updated: April 24th, 2023
Please read these Terms of Use ("Terms", "Terms of Use") carefully before using the Effektivhouse.com website (the "Service") operated by Effektiv House. ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
The Service and its original content, features, and functionality are and will remain the exclusive property of Effektiv House and its licensors.
Our Service may contain links to third-party websites or services that are not owned or controlled by Effektiv House
Effektiv House has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Waypaver Intl. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of the United States without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 60 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us.
