Plan License Agreement

Last updated: August 20, 2026

This License Agreement is between Modern Homes ATX, LLC ("Designer," "we," "us") and the customer ("Licensee," "you") who wishes to obtain permission to utilize one or more of Designer's plan set items ("Plans"). This License Agreement sets out the terms and scope of the license Designer is willing to grant Licensee, and the conditions Licensee must fulfill to obtain such license. Unless otherwise modified or supplemented by a writing signed by both Designer and Licensee, this License Agreement is the complete agreement of the parties concerning the terms and scope of the license. Designer is not granting, and will not be deemed to grant, any implied licenses to the Plans or to the design of the buildings depicted in them.

Limitation of liability. In recognition of the relative risks, rewards, and benefits of the Project to both Licensee and Designer, the risks have been allocated such that Licensee agrees that, to the fullest extent permitted by law, Designer's total liability to Licensee for any and all injuries, claims, losses, expenses, damages, or claim expenses arising out of these Terms, from any cause or causes, shall not exceed the amount Licensee paid Designer for the applicable Plans or service. This limitation applies regardless of whether the claim is based on negligence, error, omission, strict liability, breach of contract, or breach of warranty.
Severability. If any provision of these Terms is held illegal, invalid, or unenforceable under present or future law, that provision is fully severable, and the remaining Terms shall be construed and enforced as though the illegal, invalid, or unenforceable provision were never a part of this Agreement. A provision as similar in effect to the removed provision as may be legal, valid, and enforceable shall be added automatically in its place.
Ownership of Plans. The Plans, and the design of the building depicted in them, are the copyrighted intellectual property of Designer and remain the property of Designer at all times, whether or not the Plans or any related service is completed. Licensee acknowledges that Designer is the sole author and owner of valid copyrights in the Plans, and that any unauthorized use of the Plans or the design depicted in them constitutes copyright infringement.
Representation and warranty of no prior infringement. Licensee represents and warrants that neither Licensee nor any party in privity with Licensee has previously made unauthorized use of any Designer plan or design, including creating derivative works or beginning construction based on Designer's designs without a corresponding license. This representation is a strict condition precedent to the license granted here. If it proves inaccurate, this Agreement is void and Licensee has no permission to use any Designer Plans or other intellectual property.
Scope of license — Builder Set vs. Architect Stamped. Every Plan purchase is licensed at one of two tiers, strictly conditioned on payment at the price shown on Designer's website (or as agreed under a separate written agreement) and on Licensee's full and timely performance of the obligations in this Agreement:
- Builder Set — a nonexclusive license to construct a single dwelling unit of the design depicted in the Plans at a single, specified location (the "Project"), using an unstamped plan set. The Builder Set does not include a licensed architect's review, stamp, or site-specific feasibility analysis, and is not represented as permit-ready in any jurisdiction requiring a licensed stamp.
- Architect Stamped (+Site Feasibility) — the same construction license as the Builder Set, plus a site feasibility review, applicable local code amendment check, foundation and structural adequacy review, and an architect's stamp for the Project, performed directly by Designer as described in Section 12.
Either license authorizes Licensee to make and distribute copies of the Plans solely to construct the Project. No part of the Plans may be reproduced or distributed for marketing purposes, and no copies may be distributed to any person, or for any purpose, not reasonably necessary to construct the Project. This license is personal to Licensee and may not be resold, assigned, or transferred.
Modifications and derivative works. Licensee may modify the Plans for the Project only as permitted under this Section. Designer retains ownership of all copyrights in any modified version of the Plans and in the design of the building depicted in the modified Plans; Licensee agrees to sign any document Designer reasonably requests to confirm that ownership. If Licensee engages a third-party design professional to modify the Plans, that professional must first sign an acknowledgment agreeing to be bound by this Agreement and deliver it to Designer before beginning any modification work. Any modification is undertaken solely at Licensee's risk, and Designer is not responsible for the accuracy, code compliance, or structural integrity of modifications it did not perform.
Copyright management information. As a condition of this license, any copies Licensee makes of the Plans, or any part of them, must retain Designer's title blocks and copyright notices. Modified Plans prepared under Section 6 will remove Designer's title blocks but must retain Designer's copyright notices. Licensee acknowledges these title blocks and notices constitute "Copyright Management Information" under the Digital Millennium Copyright Act, and agrees they are required to deter, detect, and address copyright infringement.
Return policy. All plan set license purchases are final and not eligible for return or refund, given the nature of digital delivery.
Acknowledgement of limitations and intent of Plans. Plans are designed to general and reference building code standards current at the time of design. Building codes, zoning ordinances, and permitting requirements vary by state, county, and city, and change over time. Licensee is solely responsible for verifying that the Plans comply with all codes, ordinances, and requirements applicable to the Project's specific site and jurisdiction, and for obtaining any additional stamped or sealed documents, site-specific engineering, or local modifications required to permit in that jurisdiction — regardless of license tier. Designer makes no guarantee that any Plan, as purchased, will be accepted for permit in Licensee's jurisdiction without further modification.
Consultants. Prior to any construction, Licensee shall have the Plans reviewed by local consultants ("Consultants"), including, as applicable, a structural engineer, a mechanical engineer or licensed HVAC contractor, an electrical engineer or licensed electrician, and a plumbing engineer or licensed plumber. Consultants are responsible for producing detailed structural, mechanical, electrical, and plumbing drawings based on site-specific conditions and local requirements as necessary for pricing, permitting, and construction, and for reading and complying with this Agreement and any general notes in the Plans before beginning design modification or construction work.
Contractor. Prior to any construction, Licensee shall have the Plans reviewed by Licensee's builder or general contractor ("Contractor"). Contractor is responsible for reading and complying with this Agreement and all notes and information in the Plans before beginning construction.
Architectural services and entity structure. Any site feasibility review, code amendment check, foundation or structural adequacy review, stamping, or plan customization performed under the Architect Stamped tier is performed directly by Modern Homes ATX, LLC, a firm registered with the Texas Board of Architectural Examiners (TBAE), with Simon Chen, RA (License #27129) as the responsible licensed architect. Designer has no obligation to perform any of the following unless agreed to in a separate written agreement: reviewing or evaluating Project site conditions beyond the scope stated in the Architect Stamped tier; performing feasibility work beyond that scope; or providing construction administration services, including project communication, site observation, or review of contractor pay applications and change orders — Licensee's Consultants and Contractor are responsible for those functions. Custom residential design, commercial tenant improvement, multifamily, and other architectural project types outside this site's stock plan line are provided by Simon Structures LLC, DBA Swan Studio Architects, under a separate written agreement. See our Professional Services & Dual-License Disclosure page for details.
Marketing. Licensee grants Designer permission to photograph and record video of the Project for the purpose of promoting Designer's work on its website, social media, and other publications, and waives any claim for compensation related to that use. Designer may request permission to display marketing signage on Project property during construction; Licensee is not obligated to grant that request.
Choice of law and forum. This Agreement is governed by the laws of the State of Texas and United States copyright law. Any suit arising from this Agreement, including any claim of copyright infringement for use exceeding the scope of the license granted here, shall be brought only in state or federal courts located in Bexar County, Texas.
Contact. Questions about your license? Contact us at simon@modernhomesatx.com or (469) 996-9612.