End-User License Agreement (EULA)
This End-User License Agreement (“EULA“) is a legal agreement between you (the “End user”, “You”) and Vanessa Smith (“I”, “Me”and “Hooked on Sunshine”).
This EULA agreement governs your acquisition and use of my pattern/s (the “Pattern/s”) directly from hookedonsunshine.co or indirectly through Ravelry, an authorised reseller (a “Reseller“).
Please read this EULA agreement carefully before purchasing or downloading my pattern/s. It provides a license to use my pattern/s and contains warranty information and liability disclaimers.
If you are entering into this EULA 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. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not purchase or download my pattern/s, and you must not accept this EULA agreement.
This Licence is concluded between Vanessa Smith and the end user, and not with any reseller.
The pattern/s requires a device with up to date PDF viewing software (PDF -Portable Document Format is a file format the pattern/s are delivered in).
Internet access so that you can download the pattern/s and any updates.
You will lose the right to cancel the transaction once you begin to download the pattern/s. This does not affect your consumer rights concerning defective or misrepresented items.
I hereby grant you a personal, non-transferable, non-exclusive licence to use my pattern/s on your personal devices in accordance with the terms of this EULA agreement.
You are permitted to load the pattern/s to a device (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements to view the pattern/s.
You are permitted to sell any item made from the design in the pattern/s provided:
• The items are personally made by you and not by any other individuals/ entity on your behalf;
• The quantity is not commercial/ mass produced (under 25 items per year);
• You do not claim the design as your own.
You are not permitted to:
• Copy the pattern/s except where such copying is incidental to normal use of the pattern/s, or where it is necessary for the purpose of back-up.
• Sell, Gift any of your copies, Rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the pattern/s.
• Keep/ store a copy of this pattern/s in any online storage system where the pattern/s is accessible to other people.
• Upload the pattern/s to any file sharing services.
Vanessa Smith shall at all times retain ownership of the pattern/s as originally downloaded by you and all subsequent downloads or copies of the Pattern/s by you. The Pattern/s (and the copyright, and other intellectual property rights of whatever nature in the Pattern/s, including any modifications made thereto) are and shall remain the property of Vanessa Smith.
Other Important Terms
You may not transfer your rights or obligations under this EULA to another person or entity.
This EULA agreement is effective from the date you download the pattern/s and shall continue until terminated. You may terminate it at any time upon written notice to Vanessa Smith.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the pattern/s which includes deleting all copies of the pattern/s. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
If for any reason any conditions or terms are considered illegal or otherwise unenforceable, the remainder of this agreement shall still apply..
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of South Africa – a member of the Berne Convention and TRIPS Agreement, copyright works protected in South Africa are also protected in member states.