Copyright © 2003-2014 Robyn Lea Jones All Rights Reserved.
END USER LICENSE AGREEMENT
FOR VANNEQUIN™ PRODUCTS
 
1) GENERAL AGREEMENT AND TERMS OF USE:
a) It is the Buyer’s responsibility to completely read and understand this license (the “License”) before using any Vannequin™ Marketplace Product (the “Product”).  If you (the “Buyer”) are unsure about anything in this License, please send an email to admin@Vannequin.com before using any Vannequin™ Marketplace Products.
b) This is a legal and binding agreement between you (the “Buyer”) and Vannequin™ Marketplace, (“Vannequin™”).  By purchasing installing, downloading, copying, or otherwise using any Vannequin™ Product, the Buyer has conclusively agreed to and accepted all of the terms and conditions of this License.  If you do not completely and unconditionally agree to all of these terms, do not purchase or download the Products. You may contact about:email admin@vannequin.com
c) Purchase of the Product from Vannequin™ grants the Buyer a Limited, Non-Exclusive, NON-Transferable License to use the contents of the Product and files when in compliance with uses allowed in this License.
d) The Buyer retains this License, even if Vannequin™ or the Vendor stops selling the work at a later date, or decides to charge a different price.
 
2) OWNERSHIP:
a) Vannequin™ selling the Product verifies that all items in the Product kits are their own original work, and protected under Patent laws and Copyright laws.  Any components of the Product from third parties supplied in the kits are also protected under their Patents and Copyrights.
b) Robyn Lea Jones and Rowland Paul Jones are the Patent and copyright owners of Vannequin™ products and retains all Patents and copyrights to the Product and its related, images, drawings or files. The Buyer has not purchased any ownership rights of the Patents or Copyrights. The Buyer has purchased a license to use this content when creating a new completed work of a Vannequin female or male body torso or dress form only.
 
3) ALLOWED USES OF THE STANDARD LICENSE:
a) The Vannequin Project and or Pattern is licensed, not sold. Under this agreement we grant you the right to make one torso or dress form only for personal use.
b) The Buyer may use the Product Patterns for personal use only, in the form of creating ONE Vannequin female or male body form torso or dress form and the Buyer has not violated any other terms of the License.  Examples of some allowable Buyer uses of their own created works, are: images, website images, personal home use, use in dress design, construction of Embroidery, Beading, Quilting, Stamping, Applique, Decoupage, Embellish, Design and Draping of fabrics, Body Art and all forms of painting and art works created upon the completed Vannequin torso or dress form.
c) The Buyer may copyright any newly created work using the purchased Product Patterns, provided all of the following are true:
1) The original Product patterns remain protected from being extracted, or modified and are NOT copied in any form.
2) The original Product patterns are NOT being distributed, even if in a different format.
3) The new work does not compete with the original Product Kit or completed base form of the torso's or dress forms.
4) The new torso / dress form is uniquely created and a completed base form.
5) An Extended License for additional uses at an additional cost will be available for Vannequin Products. Please contact Vannequin™ by email at email admin@vannequin.com to purchase an Extended License or if you have any questions about the Standard or Extended Licenses. Extended licences allow for teaching institutions to hold group classes for instruction and kit supplies, and for Artists to create and sell their art works created upon the Vannequin Torso / Dress form
 
4) PROHIBITED USES OF THE STANDARD LICENSE:
a) The Buyer shall not copy, modify, reverse compile, convert, reverse engineer, sell, sublicense, rent, or distribute Product, use Product for topology, create competing Products from Product, give (transfer) Product to anyone, or make resources of the Product kit. PLEASE enquire about an Extended License if in question.
b) Vannequin Kits are not to be produced for commercial purposes, nor are they to be made into items for sale.
c) The Buyer shall NOT redistribute the Product Projects or Patterns, in whole or in part, or in any format for sale or for free.
d) The Buyer shall NOT copy and reproduce the Vannequin Project components for any purpose.
e) The Buyer shall NOT modify the Vannequin Project components or Patterns for resale or distribution.
f)  Products sold by Vannequin™ shall NOT be used for illegal purposes.
 
5) REVOCATION OF LICENSE:
a) Vannequin™ or the Vendor may revoke this License upon receipt of information that the Buyer has used the Product in violation of these terms and conditions, or any laws. Upon receipt of such notice to Buyer, the Buyer shall immediately cease and desist the violation and Vannequin Lawyers www.cullens.com.au will contact the Buyer concerning legal action.
 
6) NO WARRANTY ON PRODUCT OF A COMPLETED VANNEQUIN TORSO:
THE PRODUCT AND RELATED SERVICES ARE WARRANTED, IF AT ALL, ONLY ACCORDING TO THE EXPRESS TERMS HEREOF.  EXCEPT AS WARRANTED HEREIN,VANNEQUIN™ WARRANTIES ONLY THE CONTENTS OF ITS SUPPLIED KITS AND WILL REPLACE ANY PART THAT IS FOUND TO HAVE DEFECT OR FAULTS. VANNEQUIN™ HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE COMPLETED KIT PRODUCT.  THE BUYER AGREES THAT ANY EFFORTS BY VANNEQUIN TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.  THE BUYER FURTHER AGREES THAT VANNEQIN™ SHALL NOT BE LIABLE TO THE BUYER OR ANY THIRD PARTY FOR ANY LOSS OF USE, OR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THE LICENSE OR OTHERWISE. Some jurisdictions may not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not be applicable.  In such jurisdictions, Vannequin™’s liability shall be limited to the greatest extent permitted by applicable law.

7) INDEMNIFICATION:
The Buyer hereby agrees to indemnify Vannequin™ and its directors, officers, agents, and employees and to hold each of them harmless in all respects, including costs and attorney’s fees, from and against any and all claims, demands, suits, or causes of action of whatever kind or nature and resulting settlements, awards, or judgements resulting from any breach by the Buyer of the License.  This indemnity shall survive the termination of the License. 
 
8) GOVERNING LAW:
The License shall be governed by the laws of the State of Queensland.  For the purposes of the License, each party hereby consents to the personal jurisdiction and exclusive venue of any court located in Brisbane City, Queensland. 
 
9) FORCE MAJEURE:
No party will be liable for and shall be excused from any failure to deliver or perform or for delay in delivery or performance due to causes beyond its reasonable control, including but not limited to, work stoppages, shortages, civil disturbances, terrorist actions, transportation problems,wars interruptions of power or communications, failure or suppliers or subcontractors, natural disasters or other acts of God.
 
10) SEVERABILITY:
The provisions of this License are severable.  If any provision of the License is for any reason held to be invalid, illegal, or unenforceable, the remaining provisions of this License shall be unimpaired and continue in full force and effect, and, to the maximum extent permitted by law, the invalid, illegal, or unenforceable provision shall be replaced by a mutually acceptable provision, which, being valid, legal, and enforceable, comes closest to the intention of the parties underlying the invalid, illegal, or unenforceable provision.
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Project Vannequin - The Modern Mannequin