License Agreement

This LICENSE AGREEMENT (this "Agreement"), dated at the time of purchase (the "Effective Date"), is made by and between Luxe Home Plans, LLC ("Licensor"), a South Carolina limited liability company, and website user/purchaser (“Licensee").

WHEREAS, Licensor is the owner and/or licensee of a certain residential plan and design known as (the “Home Design”), and Licensee wishes to obtain a license to use the Home Design to construct a residence (the “Residence”) subject to the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. License. Subject to the terms and conditions of this Agreement, Licensor hereby grants to Licensee a non-exclusive, non-transferable license to reproduce, transmit, build or otherwise use the Home Design, including altering, modifying, and creating derivative works of the Home Design, solely for the purpose of constructing one (1) Residence outside of Pickens and Oconee Counties in South Carolina (the “Prohibited Territory”). The Home Design shall not be used for additional Residences beyond that identified in this Agreement without the written authorization of Licensor.

2. Payment. In consideration of the rights granted herein, Licensee shall pay Licensor a one-time fee in the amount of price displayed on luxehomeplans.com (the “Payment”) within five (5) days of the Effective Date of this Agreement. Licensee shall not be entitled to use the Home Design in any way until the after the Payment is received by Licensor. Licensee shall be responsible for any applicable taxes, including sales and use taxes, arising out of or related to this Agreement or the use of the Home Design.

3. Ownership and Protection. Except for the license expressly granted to Licensee in this Agreement, Licensee acknowledges that all right, title, and interest, including, without limitation, copyrights and other intellectual property, in and to the Home Design and any derivative works thereof are and shall remain the property of Licensor. If Licensee acquires any rights in the Home Design or any derivative works thereof by operation of law or otherwise, Licensee hereby irrevocably assigns such rights to Licensor without further action by either party. Licensee shall immediately notify Licensor in writing with reasonable detail of any: (i) actual, suspected, or threatened infringement of the Home Design; (ii) actual, suspected, or threatened claim that use of the Home Design infringes the rights of any third party; or (iii) any other actual, suspected or threatened claim to which the Home Design may be subject. Any reproduction, modification or derivative work of the Home Design must retain the logo and contact information of Licensor located on the top right corner of each sheet.

4. Disclaimer of Warranty. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WORK, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.

5. Limitation of Remedies. Licensee’s maximum and sole remedy for any defects in the Home Design or Licensor’s breach of this Agreement is a return of the portion of the Payment associated with the defective Home Design. Licensor will not be liable under or in connection with this Agreement or the use of the Home Design for indirect, incidental, consequential, liquidated, special, or exemplary damages or penalties, including losses or business, revenue, or anticipated profits, regardless of whether such damage was foreseeable and whether licensor has been advised of the possibility of such damages.

6. Indemnification. Licensee shall indemnify, defend, and hold harmless Licensor and its officers, directors, employees, agents, affiliates, successors, assigns, and licensees from and against any losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees and the cost of enforcing any right to indemnification hereunder and the cost of pursuing any insurance providers, arising out of or in connection with any third-party claim, suit, action, or proceeding relating to or arising out of Licensee’s use of the Home Design and any actual or alleged breach by Licensee of its representations, warranties, covenants, or other obligations hereunder.

7. Choice of Law; Venue. This Agreement and all matters arising out of or relating to this Agreement are governed by the laws of the State of South Carolina, without giving effect to any conflict of laws provisions thereof. The sole and exclusive venue for any legal suit, action, or proceeding arising out of or relating to this Agreement shall be in the federal or state courts in each case located in Beaufort, South Carolina, and each party irrevocably submits to the exclusive jurisdiction of such courts in any legal suit, action, or proceeding.

8. Amendment. No amendment or modification to this Agreement is effective unless it is in writing and signed by an authorized representative of each party.

9. Attorneys’ Fees. In the event that Licensor engages an attorney to enforce any of its rights under this Agreement, Licensee shall be responsible for any attorneys’ fees, court costs and other expenses incurred in association therewith.

10. Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement.

IN WITNESS WHEREOF, Licensor and Licensee have caused this Agreement to be executed as of the date first written above by their respective duly authorized officers.