Cordero Architecture PLLC
End-User License Agreement for Digital Architecture Library

Digital Architecture Library is a subscription-based website offering a library of digital assets, including hatches, models, and textures for digital artists, architects, engineers, and designers (the Service"). This website, architecture-library.com , is owned and operated by Cordero Architecture PLLC. This End-User License Agreement (this "Agreement", "EULA", "License") applies to all users of the Service (collectively or individually, "You", "Users", "Customer").

By signing up for a Digital Architecture Library Account or by using any Digital Architecture Library Services, you acknowledge that you have read, understood, agree with and accept all of the terms and conditions contained or expressly referenced in this agreement, including Digital Architecture Library's Privacy Policy. If you do not agree to all of the terms and conditions of this agreement, then please do not attempt to use the Service.

If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity, its affiliates and users associated with it. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the services.

Acceptance

This Agreement is a legal agreement between You and Cordero Architecture PLLC, and governs your use of the Service and related products and services provided to You by Cordero Architecture PLLC. The purpose of this Agreement and the License is to allow You to use the Service provided by Cordero Architecture PLLC during the Term on the terms and conditions stated in this Agreement, to develop products for either personal or commercial use ("Customer Assets"), as applicable under Your License. This EULA is made effective beginning on the earliest of the date on which you first accept this EULA, access or otherwise use the Service (the "Start Date").

Accounts

To use the Service, you must either:

access the Service and provide required user information.

The number of other people who are permitted to use the Service ("Permitted Users") will be determined according to the type of license You have.

You may not, under any circumstances, whether intentionally or through negligence or inaction, allow or enable persons other than the Permitted Users to access your account, unless specifically permitted in writing by Cordero Architecture PLLC.

You may delete your account at any time.

Registration

When registering an account, You must provide Cordero Architecture PLLC with a valid name, email address and password which will be registered by Cordero Architecture PLLC. Cordero Architecture PLLC may also save additional data as outlines in the Digital Architecture Library Privacy Policy. You acknowledge and agree that You will:

provide true, accurate, current, and complete information as requested when registering an account; and
maintain and update this registration information to keep it true, accurate, current, and complete.

You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to any computer, smart phone, tablet or other device that You use for accessing the Service and You hereby accept sole responsibility for all activities that occur under your account.

Cordero Architecture PLLC and its affiliates reserve the right to refuse the Service, terminate accounts, remove or edit content and delete assets or cancel orders in their sole discretion if you provide registration information which is false, inaccurate, not current, or incomplete.

Cordero Architecture PLLC may share your registration information with its partners, affiliates, and third parties to handle and deliver certain online activities necessary to operate Cordero Architecture PLLC's businesses (e.g., process orders, process payments, etc.). For more information see the Digital Architecture Library Privacy Policy.

Internet Access

A high-speed internet connection is required for proper transmission of access to the Service. You are responsible for procuring and maintaining the network connections that connect Your network to the Service. We are not responsible for notifying You of any upgrades, fixes or enhancements to any software or for any compromise of data, including Your Data, transmitted across computer networks or telecommunications facilities (including but not limited to the Internet) which are not owned, operated or controlled by Cordero Architecture PLLC or our partners. We assume no responsibility for the reliability or performance of any connections as described in this section.

The Service

The Service comprises a library of textures, hatches, models, and plugins ("Digital Architecture Library Assets").

Payment of the applicable fees entitles You to use the Service, download Digital Architecture Library Assets through the Website according to the terms of Your License and add Digital Architecture Library Assets into Your Customer Assets. You or any third party is strictly prohibited from using Digital Architecture Library Assets or Customer Assets in any other product or services or develop products and services that competes with Digital Architecture library products and services.

Types of Licenses

Freelancer License

The Freelancer License is provided for a single Permitted User doing commercial work. Under the Freelancer License Your account will have access specific Digital Architecture Library Assets from the Service.

Professional License

The Professional License is provided for a single Permitted User doing commercial work. Under the Professional License Your account will have access specific Digital Architecture Library Assets from the Service.

Enterprise License

The Enterprise License is for entities using the Service for commercial purposes. Custom subscription duration changes to Terms & Conditions, or other customizations are available. An Enterprise License can be project title specific or an ongoing annual subscription.

Contact

If you have questions regarding which license you qualify for, please contact Digital Architecture Library at digitalarchitectuelibrary@gmail.com.

Suspension of Account

If Digital Architecture Library in its sole discretion deems that You are misusing Your license it may shut down access to the Service effective immediately and terminate this Agreement. Any prohibited use of the Service will result in termination of this Agreement and the License and an obligation for You to compensate Digital Architecture Library for any and all losses and damages which it incurs.

Fees and Credits

The Service is offered as a subscription based service. You can subscribe to the Service:

on a monthly basis for Professional Licenses;
on an annual basis for an Enterprise License, or for a fixed term Enterprise License by payment of a one-time upfront fee.

The fees for the Service are stated in the Service, on Digital Architecture Library's Website, or otherwise notified to you in writing ("Fees"). Payment of the Fees provides You with access to download Digital Architecture Library Assets available in the Digital Architecture Library Website and develop Customer Assets for use in Your Product. When you open an account you authorize Digital Architecture Library or its partners to charge your credit card, or use other forms of payment methods accepted by Digital Architecture Library, for the Fees in accordance with the payment terms (as may be amended by Digital Architecture Library or its partners from time to time).

You are not entitled to a refund for any unused Digital Architecture Library downloads.

Once you have downloaded a Digital Architecture Library Asset, those Assets are not returnable, exchangeable, or refundable for cash, or other goods or services.

Digital Architecture Library and its partners reserve the right to change the Fees, the number of monthly downloads per License, the payment terms, price of Digital Architecture Library Assets, the "Credit" system to an alternative payment system any availability of Digital Architecture Library and its services etc. at any time without notice; provided, however, such changes will not affect the Fees paid or Credits used and payment terms for any products and services already purchased and paid for in full.

All fees are payable in advance and are not refundable in whole or in part. unless stated otherwise by Digital Architecture Library in writing or otherwise in accordance with this Agreement.

Unused downloads in any month will expire.

Access

In consideration of the payment of the applicable Fees and subject to your compliance with these terms, Digital Architecture Library shall provide You with access to the Service and enable You to access and use the Service. If Digital Architecture Library is unable to process any applicable payment at any time, your access to the Service may be suspended or terminated at Digital Architecture Library's discretion.

Consent to Use of Data

You agree that Digital Architecture Library may collect and use technical information and data gathered as part of the support services provided to You. For more information see the Digital Architecture Library Privacy Policy.

Intellectual Property Rights

Digital Architecture Library owns all right, title copyright, and other intellectual property rights and interest, including but not limited to all trademarks, service marks, and trade names in the Service, software, material, any documentation and any copies thereof and retains all such rights and any other products and services. Except as expressly granted in this EULA; no license, right or interest in any patent, trademark, copyright, trade name or service mark is granted to You. The Service is licensed, not sold.

You agree not to assert against Digital Architecture Library or Cordero Architecture PLLC any claim, action or proceeding for infringement or any patents, patent rights or other intellectual property rights.

Intellectual property rights for all third party materials indicated on Website are owned by respective third parties. Digital Architecture Library does not own, nor claim to own any of the intellectual property rights that are owned by third parties. Digital Architecture Library owns the digital model itself, but it is possible that another group may claim ownership of the subject matter depicted.

You are not required to provide any ideas, feedback of suggestions regarding the Service or any Digital Architecture Library products or services (collectively, "Feedback") to Digital Architecture Library. To the extent you do provide any Feedback to Digital Architecture Library, you agree to assign and hereby do assign all right, title and interest in and to such Feedback to Digital Architecture Library and acknowledge that Digital Architecture Library may freely use, reproduce, modify, distribute, make, have made, sell, offer for sale, import and otherwise exploit in any manner such Feedback without payment of any royalties or other considerations to You.

User Intellectual Property

By using the Service You may generate Customer Assets. Except for the Digital Architecture Library Service materials contained therein, any intellectual property right and title to Customer Assets are Customer intellectual property.

License Restrictions

You agree to abide by all applicable laws and regulations in using the Service.

You agree not to : attempt to reverse engineer; decompile, translate, or disassemble the Service or related software or materials;
rent, lease, or transfer the Service, or related software or materials;
disclose the results of any performance benchmarks of the Service or related software or materials to any third party without Digital Architecture Library's prior written consent;
use the Service for any illegal purpose;
use the Service in any manner which violates the rights of a third party, including without limitation intellectual property rights;
use the Service in any manner that breaches the EULA; or take any action that imposes an unreasonable or disproportionately large load on the Service, System or servers, etc.

You may not without specific prior written consent from Digital Architecture Library:

use your own third-party software to modify any content appearing within the Service or its environment or change how the Service is used; or
use the Service or any information accessible through the System, to bypass the System login architecture or create or provide any other means through which the System may be accessed and/or the Services may be used by others.

Electronic Communications

You consent to receiving communications necessary to provide the Service to You from us electronically. We will communication with You by email or by posting notices in the Service. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Terms and Termination

The term of this EULA and the license granted herein shall begin on the Start Date and be ongoing until terminated. You can terminate your license at any time and your license and payment obligations will expire at the end of the current term. You can terminate your license by registering such termination on Digital Architecture Library's webpage, digitalarchitecturelibrary.com. Digital Architecture Library may terminate this Agreement and your license at any time with 30 days notice and provide you with a pro rata refund if you have any unused credits or time remaining on your subscription. Termination of the EULA will result in your account being deactivated and your Digital Architecture Library License being deactivated.

Notwithstanding anything to the contrary herein, this EULA shall terminate upon breach of any term of provision of this EULA, which You have not cured within 10 days of notice of the breach by Digital Architecture Library.

Upon expiration of termination of this agreement you shall immediately cease use of the Service.

If Digital Architecture Library terminates the Service for your breach, you will not receive a refund of prepaid Fees.

Confidentiality

You acknowledge that Service, related materials and any documentation etc., contains confidential and proprietary information. You agree to maintain the confidentiality of the Service and related materials and documentation during the term of this EULA, and for a period of 5 years after termination of this EULA. You agree to take commercially reasonable steps to ensure that confidential information is not disclosed or distributed by You.

Disclaimer of Warranty

Digital Architecture Library will use reasonable efforts to provide You with a service that is fast, reliable and enjoyable. However, Digital Architecture Library makes no representation or warranty as to the completeness or accuracy of the Service or information contained therein, nor does it represent or warrant that the Service will be available at all times or that it will function in a manner or as fast or efficient as You may expect or desire. The information contained in the Service may be incomplete, may contain errors, or become out of date at any time. The Service is provided on an "as is" basis without any express warranties. Digital Architecture Library shall have no obligation to correct errors in, provide updates for or otherwise support at any time. You bear the risk of using it. Digital Architecture Library does not give any express or statutory representations, warranties, guarantees, or conditions. Digital Architecture Library also excludes all implied warranties, including any warranty of merchantability, title, durability, fitness for a particular purpose and noninfringement etc. Nothing in this agreement shall affect those you cannot contractually agree to alter or waive. The limitations and exclusions of liability do not apply if and to the extent you sustain damages which were caused by gross negligence or willful misconduct of Digital Architecture Library.

Limitation of Liability and Remedies

Under no circumstances including negligence (unless otherwise required by applicable law),shall Digital Architecture Library (including breach of any warranty hereunder) be liable for any direct, indirect, punitive, special, incidental, or consequential damages that result from your use of Digital Architecture Library or related documentation or in connection with or arising out of or relating to this Agreement (including loss of business, revenue, profits, use, data, or other economic advantage), even if any exclusive remedy provided for in this Agreement fails of its essential purpose and even if Digital Architecture Library or a Digital Architecture Library representative has been advised of the possibility of such damages.

Notwithstanding any damages that You might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of Digital Architecture Library and any of its suppliers under any provision of this EULA and your exclusive remedy hereunder shall be limited to the actual damages You incur in reasonable reliance on Digital Architecture Library up to the amount actually paid by You for the service. In no event shall Digital Architecture Library's aggregate liability for all incidents during the term of the Agreement exceed the aggregate amount actually paid by You for the service. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

In order to be entitled to any indemnification or compensation from Digital Architecture Library, subject to clause 21, You must:

promptly notify Digital Architecture Library in writing of the claims (whether or not litigation or other proceeding has been filed or served);
give Digital Architecture Library, at Digital Architecture Library’s option and expense, sole control over the defense and/or settlement of the claims; and
at your own expense, You shall cooperate with Digital Architecture Library in all reasonable aspects in connection with the defense of any such claim.

Digital Architecture Library shall have no liability to You in the event that You have failed to comply with the terms of this Agreement.

Indemnification

Your use of Digital Architecture Library constitutes your agreement to defend, indemnify, and hold harmless Digital Architecture Library, its parents and affiliates, partners, and their respective employees, contractors, officers, and directors, from and against any actions, claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of your use or misuse of Digital Architecture Library and the rights granted under this Agreement. You agree that Digital Architecture Library may seek and shall be entitled to injunctive, equitable, or other similar relief to protect, maintain, defend, enforce, and preserve such rights, in addition to any other available remedies without the necessity of posting a bond.

Arbitration

Any dispute or claim arising out of or in connection with this Agreement, including (without limitation) any question regarding the existence, validity, breach or termination of this Agreement must first be the subject of arbitration, administered by the New York State Arbitration Program. The arbitration must be conducted and held in accordance with and subject to the laws of New York, and may be held either in New York, New York or via video conferencing, as agreed between the parties.

Claims

You and Digital Architecture Library agree that any cause of action arising out of or related to this agreement or this Service must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Governing Law

This Agreement is governed by the state laws of New York, and the federal laws of United States of America. To the extent permitted by law, the state and federal courts of New York and United States will be exclusive jurisdiction for disputes arising out of or in connection with this Agreement.

Modification

Digital Architecture Library reserves the right, at its discretion, to update or revise the EULA at any time. Digital Architecture Library will post such changes in its Digital Architecture Library Service, and/or its Website, and /or communicate such changes via email or otherwise communicate such terms to you in a suitable manner decided by Digital Architecture Library and these additional or revised terms will become part of the EULA effective immediately. Please check the Digital Architecture Library Service, the EULA, or the Website periodically for changes. Your continued use of Digital Architecture Library constitutes your binding acceptance of the EULA, including any changes or modifications made by Digital Architecture Library as permitted above.

Waiver

A provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

Severability

If any provision of this Agreement is invalid then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any other part or provision of this Agreement.

Assignment

You shall not, without the prior written consent of Digital Architecture Library, assign, transfer, or license or deal in any other manner with all or any of Your rights or obligations under this EULA. Digital Architecture Library may at any time assign, transfer, subcontract or deal in any other manner with all or any of its rights or obligations under this EULA without notice to You.

No Partnership

This Agreement does not constitute and shall not be construed as constituting a partnership or joint venture between Digital Architecture Library and You. Neither party shall have any right bind the other party in any manner whatsoever, and nothing in this Agreement gives any rights of any kind to any third persons.

Entire Agreement

This EULA constitutes the entire agreement between the parties with respect to this specific subject matter hereof and shall not be modified except as provided in this Ag

Cordero Architecture PLLCEnd-User License Agreement for Digital Architecture Library​