AGREEMENT
IMPORTANT - READ CAREFULLY
This Agreement is a legal contract between you, your company and Frank Betz
Associates Inc. ("FBA"). This agreement states the terms and conditions under
which you are permitted to link to FBA's website and use the FBA logo in connection
with such linkage. By linking to FBA's website and/or using the FBA logo for
such linkage, you and your company agree to be bound by the terms of this Agreement.
- Grant of License. FBA grants and you accept upon the terms and conditions
herein set forth a non-exclusive, non-transferable, non-assignable License
to link to FBA's website and to use the FBA logo for linking to FBA's website.
- License Conditional on Payment. This License is conditional on your full
and timely payment of all monies from you and your company to FBA (if applicable)
- I agree that all FBA plans, drawings, photographs and renderings are protected
under the Copyright Law. No portion of any FBA plan, drawing, photograph or
rendering may be reproduced, stored in a retrieval system, or transmitted
in any form by any means, electronic, mechanical, photocopying, recording,
or otherwise, without prior written permission of FBA. Reproduction, resale,
distribution, or public exhibition of any plan, drawing, photograph, or rendering,
in any form or by any means is strictly prohibited. The right of building
the structure from the plans purchased is licensed exclusively to the buyer,
and the plans, in any form, cannot be resold.
- I understand that copyright owners can seek full remedies for infringement
under the copyright statutes including statutory damages of up to $150,000
per infringement plus litigation costs and attorneys' fees.
- I understand that although FBA makes every effort to ensure the accuracy
of its plan information, FBA reserves the right to make corrections on its
floor plans or elevations if changes occur. NOTE: Photographed homes may have
been modified from their original construction documents to suit the homeowner's
preferences.
- I agree that the FBA logo may only be used as a link to FBA's homepage (www.frankbetz.com)
and for no other purpose. It may not link to other pages on FBA's website,
or to any other Web site. I may not give the logo to anyone else or use it
for any other purpose.
- I agree and acknowledge that this Agreement does not grant me or my company
the right to use the FBA logo to indicate the origin of any product or service
I offer.
- I agree not to alter the FBA logo in any manner, including proportions,
colors, elements, etc., or animate, morph or otherwise distort its perspective
or two-dimensional appearance.
- I agree not to use the FBA logo on any site that disparages FBA or its products
and services, casts FBA or its products and services in a false light, infringes
on FBA intellectual property or other rights, or violates any state, federal
or international law. My use of the logo must be truthful and not misleading.
I agree not to use the logo or any other language to state or imply that I
or my work has any affiliation with, relationship with or endorsement or sponsorship
by FBA without FBA's express written permission.
- I agree not to use the logo as a predominate feature on my website. This
means (at a minimum) that it must appear smaller than my web page title and
my company logo, it may not be displayed larger or more prominently than other
company logos on my page, and it should not appear at the top of the page,
but rather at the bottom, along the sides, or in some location less prominent
than the top.
- I agree to display the logo by itself. I agree not to use the logo as a
feature or design element of any other logo or any other name or trademark.
However, subject to these conditions of use, other company logos may appear
on the same web page.
- FBA reserves the right to approve or disapprove the use of the logo on my
web page (size, surrounding text, etc) to ensure that it complies with these
terms and conditions.
- This Agreement applies only to web pages, and not to other uses, such as
documentation, product packaging or other advertising or marketing materials.
This Agreement does not grant any rights in connection with the FBA name or
logo, or any of its plans, drawings, photographs, or renderings in connection
with any medium or material other than web pages.
- I agree and acknowledge FBA's rights in the logo and agree not to adopt,
use, register, or attempt to register anywhere in the world any logo or trademark
confusingly similar to the logo.
- FBA reserves the right in its sole discretion to modify or terminate permission
to use the logo at any time, for any reason or for no reason. FBA reserves
the right to take action against any use that does not conform to the terms
of this Agreement, infringes any FBA intellectual property or other right,
or violates other applicable law.
- I agree that any dispute over the terms of this Agreement or my compliance
or non-compliance with such terms, or in any way arising from my use or alleged
use of any portion of an FBA plan or the FBA logo, must be brought in state
or federal court in Atlanta, Georgia, and I hereby agree to the jurisdiction
of such courts over me and my company (if applicable).
- User shall not (a) display or use a link in a manner that causes the FBA
website or any portion of its content to display within a frame, be associated
with any advertising or sponsorship not part of the FBA website, or otherwise
incorporate FBA website content into a third party website, (b) display or
use an inline link to any information file contained in the FBA website, (c)
alter, block or otherwise prevent display of any content of the FBA website,
(d) link to the FBA website through any other URL or mirrored site, and/or
(e) link to the FBA website if, to a reasonable person, your site may be obscene,
defamatory, harassing, grossly offensive, or malicious.
- Upon termination, you shall immediately (a) discontinue or disable the link,
(b) remove the link and FBA's name and logo from your website, and (c) destroy
all copies of data from the FBA website in your possession, custody or control.
I agree that I have signified my acceptance of the above terms and conditions
either by signing and returning a written copy of this Agreement, or by communicating
my acceptance of this Agreement to FBA via email, oral communication, fax, letter,
or otherwise, by providing or arranging for any form of linkage to FBA's website,
or by any use of the FBA logo.
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