Cactus Bench

LEGAL DISCLAIMER, LICENSE AGREEMENT & INTELLECTUAL PROPERTY NOTICE

Company: The Center of Design (“Company”, “We”, “Us”, “Our”)

Applies To: All digital downloads, including but not limited to architectural blueprints, floor plans, construction drawings, specifications, renderings, illustrations, 2D imagery, 3D imagery, models, animations, CAD files, BIM files, PDFs, and any other digital design collateral (collectively, the “Design Materials”).

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1. OWNERSHIP & INTELLECTUAL PROPERTY

All Design Materials are the exclusive intellectual property of The Center of Design and are protected under international copyright, trademark, trade dress, and intellectual property laws, including but not limited to:

• United States Copyright Act (Title 17, U.S. Code)

• Canadian Copyright Act (R.S.C., 1985)

• Berne Convention for the Protection of Literary and Artistic Works

• WIPO Copyright Treaty

• Applicable copyright, IP, and civil codes of Thailand, Indonesia, and the Philippines

No ownership rights are transferred to the purchaser. The purchaser is granted a limited, revocable, non-transferable, non-exclusive license strictly under the terms outlined below.

2. SINGLE-USE LIMITED LICENSE (MANDATORY NOTICE)

“This plan set is only licensed to be able to use to build one house and not for resale or reuse. If you wish to build multiple houses you will need to purchase the full license from us. Please contact our sales team to inquire about the full licensed use and purchase.”

By purchasing, downloading, accessing, or using the Design Materials, you expressly acknowledge, agree, and accept that:

• The license permits one-time use for the construction of a single structure only.

• The Design Materials may not be reused, replicated, modified for reuse, mirrored, adapted, or applied to any additional structure, project, or site.

• Any additional construction using the same or substantially similar Design Materials requires the purchase of a full or multi-use license directly from The Center of Design.

3. PROHIBITED USES

The purchaser may NOT, without prior written authorization from The Center of Design:

• Resell, sublicense, share, distribute, transfer, gift, or assign the Design Materials

• Upload the Design Materials to third-party platforms, websites, cloud repositories, or file-sharing services

• Use the Design Materials for commercial resale, speculative developments, mass housing, or repeated construction

• Reverse engineer, trace, reproduce, or create derivative works intended for reuse

• Remove copyright notices, watermarks, metadata, or identifying marks

Any unauthorized use constitutes willful copyright infringement.

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4. INTERNATIONAL ENFORCEMENT & JURISDICTION

This agreement is intended to be internationally enforceable.

Governing Law Priority:

Where permitted by law, enforcement may occur under the applicable laws of:

• United States

• Canada

• Thailand

• Indonesia

• Philippines

The Company reserves the right to pursue enforcement, damages, injunctive relief, statutory penalties, and legal costs in any jurisdiction where infringement occurs.

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5. DIGITAL DELIVERY & NO REFUNDS

All Design Materials are delivered digitally.

• All sales are final and non-refundable.

• Access, download, or viewing of the Design Materials constitutes full delivery and acceptance.

• The purchaser is solely responsible for ensuring compatibility with local codes, engineers, consultants, and authorities.

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6. NO WARRANTY & LIMITATION OF LIABILITY

The Design Materials are provided “AS IS” and “AS AVAILABLE”.

The Center of Design makes no warranties, express or implied, including but not limited to:

• Fitness for a particular purpose

• Compliance with local building codes or zoning regulations

• Structural, engineering, or site-specific suitability

To the maximum extent permitted by law, The Center of Design shall not be liable for:

• Construction errors

• Code violations

• Engineering failures

• Material losses

• Delays or cost overruns

• Consequential, incidental, or indirect damages

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7. AUDIT & VERIFICATION RIGHTS

The Center of Design reserves the right to:

• Request written confirmation of project location and build status

• Audit usage where infringement is suspected

• Issue cease-and-desist notices

• Seek damages, statutory penalties, and legal remedies

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8. BREACH & REMEDIES

Any breach of this agreement immediately terminates the license.

Upon breach, The Center of Design may:

• Revoke all usage rights

• Demand destruction of all copies

• Pursue legal action

• Seek monetary damages, statutory damages, and injunctive relief

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9. FULL LICENSE OPTION

A full license or multi-use license may be available for:

• Multiple builds

• Developments

• Commercial or speculative projects

• Repeated or modified use

Please contact The Center of Design – Sales Team to inquire about expanded licensing options.

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10. ACCEPTANCE OF TERMS

By purchasing, downloading, accessing, or using the Design Materials, you confirm that you have read, understood, and agreed to be legally bound by this disclaimer and license agreement.

If you do not agree, do not purchase, download, or use the Design Materials.

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© The Center of Design. All Rights Reserved.

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ADDENDUM A: WEBSITE TERMS OF SALE & CLICK-WRAP ACCEPTANCE

By completing a purchase, checking the acceptance box, clicking “Buy,” “Purchase,” “Download,” or any equivalent action, the purchaser affirms a legally binding click-wrap agreement acknowledging and accepting this License Agreement and Disclaimer.

The purchaser agrees that:

• This agreement is enforceable as an electronic contract

• Digital acceptance constitutes valid legal consent

• No signature is required for enforceability

Failure to accept these terms prohibits purchase and use.

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ADDENDUM B: JURISDICTION-SPECIFIC ENFORCEMENT ANNEX

United States

Protected under Title 17 U.S. Code. Unauthorized reuse may result in statutory damages up to the maximum allowed by law, injunctive relief, attorney’s fees, and seizure of infringing materials.

Canada

Protected under the Canadian Copyright Act. Moral rights are expressly waived to the extent permitted by law. Unauthorized reproduction or reuse constitutes infringement.

Thailand

Protected under the Thai Copyright Act B.E. 2537 (1994). Civil and criminal remedies may apply for unauthorized reproduction or commercial use.

Indonesia

Protected under Law No. 28 of 2014 on Copyright. Unauthorized use may result in civil liability and criminal penalties.

Philippines

Protected under Republic Act No. 8293 (Intellectual Property Code of the Philippines). Infringement may result in damages, injunctions, and criminal liability.

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ADDENDUM C: SHORT-FORM PRODUCT PAGE DISCLAIMER

IMPORTANT LICENSE NOTICE

This digital plan set is licensed for one (1) build only.

No resale, reuse, redistribution, or multi-build use is permitted.

To build more than one structure using these plans, a full license must be purchased.

Contact The Center of Design Sales Team for expanded licensing.

ADDENDUM D: FULL LICENSE AVAILABILITY NOTICE

A Full License grants the right to:

• Build multiple structures

• Modify plans for repeated use

• Use designs for commercial or speculative developments

Full License terms, pricing, and scope are provided under a separate written agreement executed by The Center of Design.

Unauthorized multi-build use without a Full License constitutes material breach and copyright infringement.

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END OF ADDENDUMS