Monday, August 16, 2010

A Scene from the Near Future


FURNITURE LICENSE AGREEMENT

THIS FURNITURE IS LICENSED, NOT SOLD. By using the furniture you signify that you have read and agree to all the terms of this license agreement.

THIS IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU, HEREINAFTER ALSO REFERRED TO AS "USER", AND THE FURNITURE RETAILER, HEREINAFTER ALSO REFERRED TO AS THE "STORE". BY SITTING ON, LYING ON, OR OTHERWISE MAKING USE OF THE FURNITURE, HERINAFTER REFERRED AS THE "PRODUCT", (OR AUTHORIZING ANY OTHER PERSON TO DO SO), YOU INDICATE YOUR COMPLETE AND UNCONDITIONAL ACCEPTANCE OF ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. THIS LICENSE AGREEMENT CONSTITUTES THE COMPLETE AGREEMENT BETWEEN YOU AND THE STORE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE AGREEMENT, YOU MUST DESTROY THE ITEM OF FURNITURE (WITH ALL ACCOMPANYING MATERIALS).

IMPORTANT: CAREFULLY READ THIS LICENSE BEFORE USING THIS PRODUCT. SITTING ON, LYING ON, OR OTHERWISE USING THIS PRODUCT INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO BE BOUND BY AND COMPLY WITH ITS TERMS. IF YOU DO NOT AGREE, RETURN THE COMPLETE PRODUCT TO THE STORE WITHIN 30 DAYS OF THE DATE YOU PURCHASED IT FOR A FULL REFUND. THIS LICENSE AGREEMENT IS YOUR PROOF OF LICENSE. PLEASE TREAT IT AS VALUABLE PROPERTY.


A. LICENSE:

The STORE provides the user with the furniture and separate cushions (together called the "PRODUCT") and we grant the user a license to use the PRODUCT in accordance with the terms of this License. Any supplemental materials provided to the user as part of support services provided by the STORE for the PRODUCT shall be considered part of the PRODUCT and subject to the terms and conditions of this License. The copyright and all other rights to the PRODUCT shall remain with the STORE or its licensors.


B. THE USER MAY:

  1. transfer the PRODUCT to the USER's primary residence, and place it within a single room therein.
  2. move the PROUCT to a different room within the same structure. The user must acquire and dedicate a supplementary license for each separate room in which the PRODUCT may be used. A license for the PRODUCT may not be shared or used concurrently in different rooms.

C. THE USER MAY NOT:

  1. use the PRODUCT or make copies of it except as permitted in this License.
  2. use the PRODUCT within a structure which is not the USER's primary residence. A separate commercial license applies to these cases.
  3. use the PRODUCT outside a structure, i.e. outdoors. A separate public performance license applies to these cases.
  4. reupholster, except within the initial TEN (10) days of a license term. Outside of the initial ten days, reupholstery will require an early renewal.
  5. deconstruct, reverse engineer, or disassemble the PRODUCT except to the extent the foregoing restriction is expressly prohibited by applicable law. The PRODUCT may not be used as a template from which to build additional furniture.
  6. rent, lease, assign, sell, or transfer the PRODUCT.
  7. modify the PRODUCT or merge all or any part of the PRODUCT with another item of furniture.
  8. separate the component parts of the PRODUCT for use in more than one room.

D. TERM:

This license shall remain in effect only for so long as the user is in compliance with the terms and conditions of this agreement. This license will terminate if the user fails to comply with any of its terms or conditions. The user agrees, upon termination, to destroy the PRODUCT.


E. U.S. GOVERNMENT RIGHTS:

With respect to any acquisition of the PRODUCT by or for any unit or agency of the United States Government (the "Government"), the Product shall be classified as "commercial furniture", as that term is defined in the applicable provisions of the Federal acquisition Regulation (the "FAR") and supplements thereto, including the Department of Defense (DoD) FAR Supplement (the "DFARS"). The Product was developed entirely at private expense, and no part of the Product was first produced in the performance of a Government contract. If the Product is supplied for use by DoD, the Product is delivered subject to the terms of this Agreement and either (i) in accordance with DFARS 3.1415-9 (a) and 2.71(a), or (ii) with restricted rights in accordance with DFARS 012-345-6789 (c)(1)(ii)(JUN 1970), as applicable. If the Product is supplied for use by a Federal agency other than DoD, the Product is commercial furniture delivered subject to the terms of this Agreement and (i) FAR 6.66(a); (ii) FAR 57.57-57; or (iii) FAR 12.345-67(ALT VIII), as applicable.


F. GENERAL:

This License is the entire agreement between the STORE and the USER, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This License shall be governed by and construed in accordance with the laws of the state of Delaware, USA, excluding that body of law applicable to choice of law and excluding the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable. If any provision of this License is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect.

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