VIRGINIA
CITY DEPOT - PLANS, ASSEMBLY INSTRUCTIONS and PARTS
This kit includes a CD containing detailed plans for constructing the model pictured along with photos and comprehensive assembly instructions.
The kit also includes:
18 each Windows
2 each Double Doors
1 each Entrance Door
1 each Freight Door
40 each Eve Brackets
4 each Sign Brackets
2 each Chimney Stacks
PLUS - Power Point drawings o Siding and Roofing you can use if you want to.
Included are photos of the original depot, the renovated depot (as it looks today) and illustration of my prototype model. Use these photos to make your depot your own.
In consideration
of the premises and the mutual covenants and agreements hereinafter set forth
and for other good and valuable consideration as set forth herein, Licensor and
Licensee agree as follows:
1. Grant of License.
(A) Licensor
hereby grants to Licensee, in accordance with the terms and conditions of this
Agreement, a non-exclusive, non-transferrable license to use the Work for its
own internal personal purposes, and for no other purpose whatsoever without the
express written permission of the Licensor. Licensee shall not sell or
distribute the Work in any way Any other use made by Licensee shall only occur
upon the receipt of prior written approval from Licensor.
(B) Licensee
shall not sell, grant sub-licenses or distribute the Work in any way without
the prior express written approval of Licensor.
(C) Licensee
hereby accepts such license and agrees that Licensee shall not use the Work
except in accordance with the terms and conditions of this Agreement. Licensee
acknowledges and agrees that the license granted herein is non-exclusive and
that Licensor may license others to use the Work.
2. Ownership of the Work. Licensee acknowledges that Licensor is the sole
and exclusive owner of the Work and of all associated federal intellectual
property registrations and pending registrations, as applicable, and Licensee
shall do nothing inconsistent with such ownership. Licensee further agrees that
it will not claim ownership rights to the Work, or any derivative, compilation,
sequel or series, or related Work owned by or used by Licensor. Licensee agrees
that nothing in this Agreement shall give Licensee any right, title, or
interest in the Work other than the right to use the same in accordance with
the terms of this Agreement. Licensee agrees not to make similar derivatives of
the Work. Licensee admits the validity of all copyrights for the Work and all
associated intellectual property registrations, and acknowledges that any and
all rights that might be acquired by Licensee because of its use of the Work
shall inure to the sole benefit of Licensor.
3. Term and Termination.
(A) This
Agreement shall commence as of the Effective Date of sale on eBay and shall
continue in full force and effect for perpetuity.
(B) In the event
that Licensee sells all of its assets to a third party, or otherwise ceases to
exist in its current form, Licensor, at its discretion, may immediately
terminate this Agreement.
(C) Upon
termination or expiration of the license granted under this Agreement by
operation of law or otherwise, all rights, including the right to use the Work,
privileges and obligations arising from this Agreement shall cease to exist.
4. Use of the Work.
(A) Licensor
shall have control over the quality of use of the Work and the quality of any
goods and/or services sold under or related to the Work.
5. Indemnification.
(A) Licensee
shall fully indemnify, defend, and hold harmless Licensor from and against any
and all claims, losses, damages, expenses, and liability — other than those for
infringement, including without limitation, suits arising from offering,
promoting, advertising, sale, or use by Licensee, or any of its authorized
sublicenses, of the Work, whether or not such use conforms to standards set by
Licensor, provided that such claim, loss, damage, expense, or liability does
not arise from the negligence of Licensor.
(B) Licensor has
the right, but shall not be obligated, to obtain and maintain federal
intellectual property registration of the Work. In the event that Licensee
becomes aware of any claimed or alleged infringement of the Work by a third
party, Licensee shall promptly advise Licensor in writing of the nature and
extent of such infringement or dilution. Licensor has no obligation to take any
action whatsoever in the event that any infringement or dilution occurs with
respect to the Work, but Licensor shall have the sole right to determine
whether any action shall be taken. In the event Licensor sues or takes other
action, legal, equitable, administrative, or otherwise, to stop an infringement
or dilution of the Work, Licensee shall cooperate fully with Licensor. Licensee
has no right to enforce the Work through litigation without prior written
authorization of Licensor. In any legal action arising from use, or ownership
rights of the Work, where both Licensor and Licensee are co-parties, Licensor
retains the right to control the litigation, including any and all settlement
negotiations.
6. Assignment. This Agreement (including, without limitation,
the license granted hereunder) is personal to Licensee and shall not be
assigned or transferred by Licensee, including, without limitation, by
operation of law, except that, and only with prompt written notice to Licensor,
the Agreement may be transferred to a purchaser of all or substantially all of
the assets of Licensee. Any attempt on the part of Licensee to assign,
sub-license, or transfer Licensee’s rights under this Agreement, except as
provided herein, shall be invalid and void. Licensor shall have the right to
assign and/or license its rights and obligations under this Agreement and all
its right, title and interest in the Work without the consent of Licensee.
7. Notices. Any notice, demand or request required or permitted to be given under the
provisions of this Agreement shall be in writing and delivered personally or by
registered or certified mail, return receipt requested, with postage prepaid
and addressed to the following persons and addresses, or to such other addresses
or persons as any party may request by notice in writing to the other such
party:
Licensor:
Name: John E.
Longfellow
Company: dba
eSurplus_Sales
Address: 3800 Rectortown Road, Marshall, VA 20115
Licensee:
Name: eBay Buyer
8. Arbitration and Governing Law. All disputes arising from the terms of
this Agreement may be subjected to binding arbitration upon consent of both
parties, with one arbitrator selected by each party, and a third arbitrator
selected by the two chosen arbitrators. This Agreement shall be governed by and
construed in accordance with the laws of Virginia without regard to the
conflicts of laws rules thereof.
9. Independent Business Relationship. Licensor and Licensee are independent
entities and are not and shall not be construed as joint venturers, partners,
employer/employee, or agents of the other, and neither shall have the power to
bind or obligate the other, except as set forth in this Agreement.
10. Miscellaneous.
(A) This
Agreement constitutes the entire agreement and understanding of the Licensor
and Licensee with respect to the subject matter hereof, superseding any and all
prior agreements, understandings, negotiations, and discussions. No amendment,
alteration, modification, or waiver of this Agreement shall be binding unless
evidenced by an instrument in writing signed by the party against whom
enforcement thereof is sought.
(B) If any
provision of this Agreement, or the application of such provision to any person
or circumstance shall be held invalid, the remainder of this Agreement, or the
application of such provisions to any other persons or circumstances, shall not
be affected thereby.
(C) This
Agreement may be executed in several counterparts, each of which shall be
deemed an original, but all of which shall constitute one and the same
document.
IN WITNESS
WHEREOF, the undersigned have executed this Agreement as of the date of sale on
eBay.