Terms and conditions:
LICENSE AGREEMENT FOR USE OF DRAWINGS AND SPECIFICATIONS
The undersigned licensee (“Licensee”) desires to obtain from Wander Tears LLC the right to obtain drawings and specifications to facilitate Licensee’s construction of a single teardrop camper trailer (“Camper”), and Wander Tears is willing to grant such right to Licensee on the terms and conditions set forth below, which both parties agree shall govern their rights, duties and obligations to each other with respect to the subject matter of this agreement (“License Agreement”).
Therefore, in consideration of the foregoing, Wander Tears LLC and Licensee agree as follows:
A. Use of Drawings and Specifications
1. These Drawings and Specifications (the “Plans”) are the property of Wander Tears LLC, and are protected by United States Copyright Laws. Any use of the Information contained in the Plans beyond the one-time use authorized by a purchase of this License, or any duplication, publication, sale or distribution of any part of these Plans without prior written consent of Wander Tears LLC is prohibited and represents a violation of federal laws subject to criminal and civil penalties.
2. A purchase of this License grants a limited license to the purchaser as “Licensee” to use such Plans to construct a single teardrop Camper trailer for personal use in accordance with the terms hereof. These terms represent the License Agreement between Wander Tears LLC and Licensee. Licensee acknowledges that all rights of ownership, title, and interest in the copyrights, Plans, and derivative works remain with Wander Tears LLC, or if derivative works are created by Licensee or others after Licensee’s purchase, the rights therein are hereby transferred by Licensee to Wander Tears LLC. Modified plans are considered derivative works of the original and receive the same copyright protection even if completely redrawn. This License for use of the Plans ends with the completion of the Camper or abandonment of the construction project for which the License was acquired. This limited License is personal to Licensee, and Licensee acknowledges that the Plans and License are not transferable to a third party.
3. Any use of the Plans or modifications of the Plans, by the Licensee or others is done at Licensee’s own risk. The information contained within the Plans is to indicate design intent and basic construction detailing. It is the Licensee’s responsibility to provide standard construction details and practices, to create a structurally sound and weatherproof finished project.
4. The Licensee is prohibited from any commercial monetary gain, or profit, from the sale of a Camper derived from the Plans, or derivative works without the express written authorization from Wander Tears LLC. The Licensee may acquire a commercial License by contacting Wander Tears LLC by email at daniel@wandertears.com.
B. General
1. Any names of materials and manufacturers shown on these Plans do not represent an endorsement or recommendation by Wander Tears LLC. Final selections of materials are the responsibility of the Licensee, including but not limited to proper installation of materials, gluing, caulking, insulating, flashing, weatherproofing and many other small items and details not necessarily indicated in the Plans, and over which Wander Tears LLC has no control or responsibility. Wander Tears LLC shall not be held liable for any errors, omissions, or deficiencies in any form.
2. THE PLANS ARE PROVIDED "AS IS" WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITATION OF THE FOREGOING, LICENSEE AGREES THAT IT IS LICENSEE’S RESPONSIBILITY TO ENSURE, PRIOR TO USE OF ANY PLANS, THAT SUCH PLANS ARE ACCURATE, SUITABLE FOR LICENSEE’S PURPOSES AND THAT THEY COMPLY WITH ALL APPLICABLE LAWS.
3. IN NO EVENT SHALL WANDER TEARS LLC OR ANY OF ITS DESIGNERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE PLANS. WANDER TEARS LLC’S LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO (A) THE AMOUNT, IF ANY, LICENSEE PAID TO WANDER TEARS LLC IN CONNECTION WITH THE MATTER GIVING RISE TO SUCH LIABILITY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THUS CERTAIN LIMITATIONS ABOVE MAY NOT APPLY TO LICENSEE. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, WANDER TEARS LLC'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $50.
4. No waiver of any obligation or right of either party will be effective unless in writing, executed by the party against whom it is being enforced. The terms of this License represent the entire agreement between Licensee and Wander Tears LLC with respect to the subject matter hereof, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding such subject matter. The terms of this License shall be deemed severable. In the event that a provision is determined to be unenforceable or invalid, it shall nonetheless be enforced to the fullest extent permitted by applicable laws, and such determination shall not affect the validity and enforceability of the remaining provisions.
5. This License Agreement is governed by the United States Copyright Laws and international treaties. The parties agree that any suit brought on any claim related to the provisions hereunder (including any suit for copyright infringement for exceeding the scope of the license) shall be brought exclusively in the state or federal courts located in Aiken County, South Carolina.