BEE FORTRESS USA, INC.
PLEASE BE ADVISED THAT THE PURCHASER OF ANY SET OF BEE FORTRESS BEE HIVE PLANS SOLD BY BEE FORTRESS USA, INC. (“BEE FORTRESS”) IS RESPONSIBLE FOR READING AND AGREEING TO THE FOLLOWING PRIOR TO PURCHASING AND DOWNLOADING BEE FORTRESS BEE HIVE PLANS. YOUR DOWNLOAD OF HIVE PLANS CONSTIUTES YOUR ACCEPTANCE OF ALL TERMS OF THIS LICNESE AGREEMENT.
1. Grant of License
With the purchase of a PDF set of Bee Fortress Bee Hive Plans from Bee Fortress USA, Incorporated (“Bee Fortress”), you as Licensee, are granted a non-exclusive right to use the Bee Fortress Bee Hive Plans to construct only the number of hives that you have purchased from Bee Fortress. Additional licenses for any of our Hive Plans may be obtained by contacting Bee Fortress. The Hive Plans licensed to you may not be resold, used by any other person or company, or for any other purpose. Hives constructed using the Hive Plans may not be sold unless you have purchased a commercial resale license from Bee Fortress. Bee Fortress reserves all rights not expressly granted to the Licensee.
2. Digital Files & Copyright Notice
Bee Fortress Bee Hive Plans are in PDF form and are available to the purchaser as a digital download once payment is confirmed. The license agreement allows you, the Licensee, to print sets of the Bee Fortress Bee Hive Plans as needed for constructing hives using the Bee Fortress Bee Hive Plans.
These and all Bee Fortress Bee Hive Plans sold by Bee Fortress are copyrighted. Bee Fortress Bee Hives, and certain features thereof, built using the Bee Fortress Bee Hive Plans are currently patent pending. Bee Fortress retains ownership of all copyrights, patent rights and other intellectual property rights embodied in the Bee Fortress Bee Hive Plans. This is not a sale of the original design/documents and Bee Fortress retains ownership of all original designs/documents and all subsequent copies (regardless of format).
3. Return/Exchange Policy
All sales are final. PDF Sets cannot be returned or exchanged for any reason. 4. Restrictions
The Bee Fortress Bee Hive Plans may only be used by the Licensee and the Licensee must ensure that the Bee Fortress Bee Hive Plans are not accessed or used by unauthorized individuals. The Licensee is not to share the Bee Fortress Bee Hive Plans and shall use reasonable efforts to prevent access by unauthorized individuals.
5. Ownership of Improvements
Bee Fortress shall own all right, title and interest relating to any and all inventions, works of authorship, designs, know-how, ideas, information and other improvements made, conceived or reduced to practice, in whole or in part, using the Bee Fortress Bee Hive Plans and Licensee hereby agrees to execute all assignments necessary to vest ownership in Bee Fortress.
6. Disclaimer of Warranties and Limitation of Liability
Unless otherwise separately undertaken by Bee Fortress, to the extent possible, Bee Fortress offers the Bee Fortress Bee Hive Plans as-is and as-available, and makes no representations or warranties of any kind concerning the Bee Fortress Bee Hive Plans, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to you.
To the extent possible, in no event will Bee Fortress be liable to you on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this license or use of the Bee Fortress Bee Hive Plans, even if Bee Fortress has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to you.
The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.
7. Term and Termination
This License shall continue for the later of the expiration of any copyrights and patents to the Bee Fortress Bee Hive Plans. However, if you fail to comply with the terms of this license, then your rights under this License shall terminate unless you cure the violation within thirty (30) days of your discovery of the violation. Upon termination for failure to comply with the terms of this license, you agree to destroy all copies of the Bee Fortress Bee Hive Plans in your possession and all hives constructed using the Bee Fortress Bee Hive Plans and to provide Bee Fortress with an affidavit attesting to such destruction. For the avoidance of doubt, this Section 7 does not affect any right Bee Fortress may have to seek remedies for your violations of this license.
All disputes that may arise in connection with this License and that are not resolved by the parties themselves shall be submitted to arbitration under the rules and regulations then obtaining of the American Arbitration Association relating to voluntary arbitration. Arbitration shall be conducted within the State of New Hampshire at a location acceptable to Bee Fortress. The prevailing party in any arbitration proceeding shall be entitled to and award of all expenses incurred in connection with said arbitration, including reasonable attorneys’ fees. The award shall be binding and conclusive on each of the parties, and it may be sued on or enforced by the party in whose favor it runs in any court of competent jurisdiction at the option of the successful party.
9. Choice of Law
The Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire, without regard to its choice of law rules.
The invalidity of any provision or obligation hereunder or the contravention thereby of any law, rule or regulation of any state or Federal Government or agency, shall not affect the validity of any other provision of this Agreement and shall not relieve the Licensee from its obligations under, nor deprive Bee Fortress of the advantages of, any other provision of this Agreement.
This Agreement constitutes the entire agreement between you and Bee Fortress pertaining to the license to the Bee Fortress Bee Hive Plans and supersedes all contrary prior and contemporaneous agreements, representations and understandings of the Parties.
No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute a waiver of any other provision. No waiver shall be binding unless executed in writing by Bee Fortress.
No modification of, or addition to, this agreement shall be binding upon Bee Fortress unless executed in writing by Bee Fortress.