HookinCrochet
Crochet Symbols Font Software and Crochet Pattern Design Software
HookinCrochet End User License Agreement

HookinCrochet Stitch Set Software End User License Agreement

Single User License Agreement



This End User License Agreement (hereafter referred to as the "Agreement") is a legal agreement between you, the Licensee (hereafter referred to as "You") and Shalene McKay, the Designer (hereafter referred to as the "Designer") and becomes a binding contract between You and the Designer.

This Agreement governs the terms of use of the HookinCrochet Stitch Set Software and the design of the stitches embodied therein (hereafter referred to as the "Stitch Set"), together with any media, printed materials, electronic documentation, updates, add-ons, artwork, web services and any material that may be associated with the product now or in the future.

This agreement becomes effective when you accept the License Agreement, or when you acquire the Stitch Set Software, or when you open the compressed electronic file in which the Stitch Set Software is contained.

If you do not wish to enter into this Agreement do not purchase, access, download or install or otherwise use the Stitch Set Software.

The Stitch Set Software licensed under this Agreement and its inherent digital, device-readable, scalable data is supplied to You by the Designer for USAGE ONLY, and remains the intellectual property of the Designer of the Stitch Set.

The Designer reserves all rights not expressly granted to you under this license Agreement.

Upon payment in full, you are granted a non-exclusive, terminable and non-transferable License to use the Stitch Set Software in accordance with the following terms and conditions.


PERMITTED INSTALLATIONS AND USES

Use of the Licensed Stitch Set Software is permissible under the following conditions:

Installation

The Stitch Set Software is designed for use within the Stitch Works Software Crochet Charts Software only and is not permitted to be used within any other Software or in any other manner other than that specifically intended as the Stitch Sets for the Stitch Works Software Crochet Charts Software.

The Stitch Works Software Crochet Charts Software is available from - http://stitchworkssoftware.com/.

HookinCrochet and the Designer are in no way affiliated with the creators of the Crochet Charts Software.

Pricing

Use of the Licensed Stitch Set Software is strictly and explicitly limited to the number of End Users paid for at time of purchase. For a single EULA purchase, the Stitch Set Software may be installed on any number of devices, such as a desktop computer, a laptop, a notebook or a netbook, owned by the Licensed purchaser. However, this does not allow concurrent use and is not the same as purchasing a license for two users. If two people will be using the Stitch Set, one on your laptop and one on your computer, you will need to purchase two Single User Licenses.

Design Uses

You are permitted to use the Stitch Set Software in the creation of design works and rasterized images for web sites and documents for both your personal and/or professional use provided that no unauthorized uses or copies of the Stitch Set Software are transferred to any unlicensed party.

You are permitted to embed or otherwise include the designs of the stitch set embodied in the Stitch Set Software in a PDF, PowerPoint, Word or similar-type electronic document, distributed physically or online for personal or commercial use ONLY IF the stitch set cannot be extracted ("read-only").

You may use the Stitch Set Software to distribute and print as many copies of your design works, images and documents with no restrictions on quantities.


STITCH SET SOFTWARE BACKUP COPY

You are permitted to keep a single backup copy of the Stitch Set Software in the cloud, locally on a desktop, laptop or mobile device, or on a studio server. You, as the Single End User, must be the only person who maintains and/or has access to the backup copy. The Stitch Set Software may NOT be sub-licensed, sold, leased, rented, lent, or given away to any other person or entity.


TRANSFER OF LICENSE

You are NOT permitted to transfer your rights to use the Stitch Set Software and documentation to any other person or legal entity.


SERVICE PROVIDERS/BUREAUS

In the event that you require the services of a third party such as a commercial printer or another service company for the production of colour proofs, or preparation for digital pre-press production or printing, you may take a digitized copy of the Stitch Set Software used for a particular document, or Stitch Set Software embedded in an electronic document that is sent to a commercial printer or service bureau for use by the printer or service bureau for preparing the document provided that the printer or service bureau represents that it shall destroy any and all copies of the Stitch Set Software upon completion of its work. Notwithstanding, you agree that the transmission of a "print/preview" PDF document is the first and preferred method of transmitting such documents to a service bureau or printer. In the event that the service provider/bureau is required to undertake any editing of your documents, the service provider/bureau will be required to purchase their own Single User License in order to be permitted to undertake any editing tasks.

It is YOUR responsibility to inform the commercial printer/service company about the content of this license agreement.


REFUNDS

The Stitch Set Software may be exchanged only if defective. If you do not agree to the terms of this Agreement and you wish to claim a refund you must (a) certify that no copy of the Stitch Set Software remains in your possession or control and (b) provide proof of a valid sale and a valid sales receipt. All claims must be made within one (1) week of purchase.


USAGE RESTRICTIONS

Limited Embedding

Licensed End Users are permitted to embed or otherwise include the design of the Stitch Set embodied in the Stitch Set Software in a PDF, PowerPoint, Word or similar-type electronic document, distributed physically or online for personal or commercial use ONLY IF the stitch designs cannot be extracted ("read-only").

Embedding the Stitch Set Software in PDF, PowerPoint, Word or similar-type documents where the Stitch Set Software can be extracted or used in any way beyond "read-only" is expressly prohibited.

Embedding the Stitch Set Software

You are NOT permitted to embed the Stitch Set Software stitch designs in software, which includes, but is not limited to, application content or user interfaces, user interfaces or other content for gaming consoles, smart televisions, or other works distributed electronically and/or via physical media for sale.

Distribution, Resale, Modifications and Derivative Works

You are NOT permitted to distribute, sell, modify, include, adapt, translate, reverse engineer, decompile, disassemble, translate into other formats for use with other forms of devices or otherwise copy and/or include the Stitch Set Software or the design of the stitches embodied therein without the express written consent of the Designer.

You may NOT alter the Stitch Set Software in any manner whatsoever. Reformatting the Stitch Set Software into other formats or for use in other operating systems is expressly prohibited. Altering or amending the embedding bits characteristics of the Stitch Set Software is expressly prohibited. The Stitch Set Software may not be used to create or distribute any electronic document or file in which the Stitch Set Software, or any part thereof, is embedded in a format that permits editing, alterations, enhancements, or modifications by the recipient of such document or file.

All rights not expressly granted are reserved to the Designer. Any modifications, additions, derivations and/or adaptations of the Stitch Set Software or the design embodied therein, requires the express permission of the Designer who expressly reserves a right to create any such modifications, additions, derivations or adaptations. This term is contractual in nature.

In the event that permission is given to you, any modifications, additions, derivations and/or adaptations of the Stitch Set Software shall remain the sole and exclusive property of the Designer and you may not sub-license, sell, lease, rent, lend, give away or otherwise transmit any modifications, additions, derivations and/or adaptations of the Stitch Set Software to any third party. The Designer shall not be responsible for unauthorized, modified and/or improperly regenerated, adapted or translated software or derivative works.

Format Conversion and Embedding for Use on the Web

You are NOT permitted to translate or adapt the Stitch Set Software and/or serve translated or adapted Stitch Set Software to viewers on the Internet via any form of web embedding technologies that exist now or may be developed in the future.


COMMERCIAL USAGE RESTRICTIONS

You are NOT permitted to use the Stitch Set Software for the creation of products for promotional campaigns and/or related materials; for advertising campaigns and/or related materials; for product packaging and/or related materials; or for interior and/or exterior store/business signage.

Letterform/Alphabet Products

You are NOT permitted to use the Stitch Set Software to create letterform/alphabet products for resale, which include, but are not limited to, scrapbooking uses involving reproductions of individual letterforms, digital alphabets (Alphas); adhesive sticker alphabet products; embroidery letters or fonts, use in the creation of signage or numbering products; monogram products; rubber stamps; die-cut products, stencil products; tattoo flash, or converted into software or by other means for the purposes of producing alphabet or letterforms by the use of sewing and/or embroidery machines; die-cut devices and plotters or any other product producing or containing any image of the letterforms or images derived from the design of the stitches embodied in the Stitch Set Software of which any likeness of the alphabet can be reproduced where the letterform or alphabet product will be distributed or resold. (These restrictions do not apply to laser or inkjet printers used for those purposes generally associated with professional design such as, graphic design, provided the end product is a finished work of design.)

Personalized Products

You are NOT permitted to use the Stitch Set Software to create personalized products for resale, which include, but are not limited to, physical goods for retail sale such as individually customized T-shirts, greeting cards, mugs, postage stamps, stickers, post cards, business cards, invitations on a customized, per order basis for retail sale such as by way of, but not limited to, Café Press, Zazzle or other similar services. Any such use is a breach of this license agreement.

Logos, Packaging and Promotional Products

You are NOT permitted to use the Stitch Set Software for professional uses such as, but not limited to, goods for sale, in logo design, retail packaging or point of sale displays. You are NOT permitted to use the Stitch Set Software to create artwork for clothes, packaging, posters, coffee mugs or similar commercial products for promotional use by you, your company, or your clients.


RIGHTS RESERVED

This Stitch Set Software is licensed, not sold, to you by the Designer, and is licensed for use in accordance with the terms of this Agreement. As a licensee, your ownership of the media and/or device on which the Stitch Set Software is recorded, if any, is distinct from and does not grant any right, title or interest in and to the design of the Stitch Set or the Stitch Set Software itself. All copies of the Stitch Set Software downloaded or installed, including the copy(ies) of any Stitch Set Software that accompanies this document either as part of a downloaded file or on recorded media, such as, but not limited to, magnetic or optical media, remain the exclusive property of the Designer. The Stitch Set Software and the design of the stitch set embodied therein are the exclusive property of the Designer and are protected under both domestic and international copyright, trademark and unfair competition laws. The names of the Stitch Set are the trademarks of the Designer. All other trademarks are the property of their respective owners, and may be registered in the United States and/or other jurisdictions. Except as stated herein, this Agreement does not grant you any rights to trademark or any other intellectual property rights in the Stitch Set Software.


DESIGN CREDIT

You agree to credit the Designer as the trademark and copyright owner and creator of the HookinCrochet Stitch Set, in the following manner - HookinCrochet® © Shalene McKay and © HookinCrochet - www.hookincrochet.com, wherever and whenever design production or any other credits are shown.


WARRANTY AND INDEMNITY

Limited Warranty

The Designer warrants the Product to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of delivery as shown on your receipt.

To the maximum extent permitted under applicable law, and except as expressly provided above, the Stitch Set Software is provided and licensed "as is" without warranty of any kind, expressed or implied, including the implied warranties of merchantability, non-infringement or fitness for a particular purpose. The Designer does not warrant that the functions contained in the Stitch Set Software will meet the Client's requirements or that the operation of the Stitch Set Software will be entirely error free or appear precisely as described in the accompanying documentation.

Limitation of Liability and Remedy

To the maximum extent permitted by applicable law, the Designer will not be liable to You or any third party for any incidental or consequential damages, including lost profits or lost savings arising out of the use or inability to use the Software, even if the Designer has been advised of the possibility of such damages.

You hereby agree that your or any third party's entire, exclusive, and cumulative liability and remedy shall be limited to the purchase price of this Stitch Set Software License. Under no circumstances shall the Designer's liability to you or any third party exceed either the refunding of the cost of the Stitch Set Software License or replacement of the Stitch Set Software either of which shall be at the Designer's sole discretion.

General

This Agreement will be governed by the laws of Australia, without regard to any conflict of laws provisions or the conflict of laws provisions of any other jurisdiction.

This agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.

If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.


TERMINATION

Any breach of the terms of this Agreement shall be cause for termination of this License. In the event of termination, and without limitation of any remedies under law and equity, you agree to immediately return the Stitch Set Software to the Designer and certify that no copy remains in your possession or control.



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