END USER LICENSE AGREEMENT
FOR VANNEQUIN™ PRODUCTS
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™
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 firstname.lastname@example.org
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.
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.
The Buyer may copyright any newly created work using the purchased Product Patterns, provided all of the following are true:
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
5) An Extended License for additional uses at an additional cost will be available for Vannequin Products. Please contact
Vannequin™ by email at email email@example.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
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.
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
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.
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.
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.