Windows PC Software
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 Software and the design of the Software embodied therein (hereafter referred to as the "Software"), 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 Software, or when You open the compressed electronic file in which the Software is contained.
If You do not wish to enter into this Agreement, do not purchase, access, download or install or otherwise use the Software.
The Software licensed under this Agreement and it's 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 Software.
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 Software in accordance with the following terms and conditions.
PERMITTED INSTALLATIONS AND USES
Use of the Licensed Software is permissible under the following conditions:
Pricing
Use of the Licensed Software is strictly and explicitly limited to the number of End Users paid for at the time of purchase. For a single EULA purchase, the Software may be installed on not more than one (1) device, such as a desktop computer, a laptop, a notebook or a netbook. This is not the same as purchasing a license for two users. If two people will be using the software, 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 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 Software are transferred to any unlicensed party.
You may use the Software to distribute and print as many copies of your design works, images and documents with no restrictions on quantities.
SOFTWARE BACKUP COPY
You are permitted to keep a single backup copy of the 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 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 Software and documentation to any other person or legal entity.
REFUNDS
The 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) destroy the License for the Software using our License Destroy Utility and verify that the License has been destroyed in order to certify that no copy of the Licensed 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
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 Software or the design of the Software embodied therein without the express written consent of the Designer.
You may NOT alter the Software in any manner whatsoever. Reformatting the Software into other formats or for use in other operating systems is expressly prohibited. The Software may not be used to create or distribute any electronic document in which the Software, or any part thereof, is embedded in a format that permits editing, alterations, enhancements, or modifications by the recipient of such document.
All rights not expressly granted are reserved to the Designer. Any modifications, additions, derivations and/or adaptations of the 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 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 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.
Closed Networks
Serving of the Software to end users over a network, LAN, WAN or the Internet is strictly prohibited. Each end user must purchase their own Single User License.
COMMERCIAL USAGE RESTRICTIONS
Please respect the Intellectual Property Rights of other companies, businesses and individuals when creating design works.
It is a breach of intellectual property rights to create design works of copyrighted, trademarked or licenced images, logos or characters without the express written permission of the copyright, trademark or license owner.
You agree to indemnify the Designer from any legal actions or costs arising from any such breach of a copyright, trademark or license owners Intellectual property rights.
RIGHTS RESERVED
This 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 Software is recorded, if any, is distinct from and does not grant any right, title or interest in and to the design of the Software itself. All copies of the Software downloaded or installed, including the copy(ies) of any 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 Software and the design of the Software 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 Software 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 Software.
DESIGN CREDIT
You agree to credit the Designer as the trademark and copyright owner and creator of the HookinCrochet Software, 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 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 Software will meet the Client's requirements or that the operation of the 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 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 Software License or replacement of the 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 destroy the License for the Software using our License Destroy Utility and verify that the License has been destroyed in order to certify that no copy of the Licensed Software remains in your possession or control.