Pattern Print Library Terms & Conditions

By purchasing a pattern or print from my Pattern Print Library, you are granted a Exclusive, non-transferable, license to use FOREVER for (1) one category use, for your own business use and for reproduction on consumer goods as well as you have accepted these Terms & Conditions.

You may not re-sell, copy, create derivative works of, reverse engineer, transfer or assign the Pattern or Print Design to anyone else. All designs remain the Copyright of Effie Ana Design.

This TERMS & CONDITIONS AGREEMENT (this “Agreement”) is entered into as of the “Effective Date” (when design is purchased from Effie Ana Design Pattern Library online store), by and between the “Designer” and the “Company” as specified upon check-out of purchase from my online store (with Designer and Company each a “Party” and collectively the “Parties” to this Agreement).

LICENSED DESIGN(S): Reproduction of Licensed Design of purchased design.License / Exclusivity Right: Company’s use of the Licensed Design purchased will be Exclusive to your product category.
DELIVERABLES: Designer will deliver the Licensed Design to Company in the following format: JPG file. If any other format is required prior to purchase please email to discuss further.
License Term: Forever
TERRITORY: Worldwide use
LICENSED PURPOSES: The “Licensed Purposes” is: Reproduction on consumer goods.
CATEGORY USE: (1) one category use. At the time of purchase, you will be required to advise your category, product use.
CUSTOMISATION: If you would like an amendment to a Pattern or Print such as scale or removing an element to a design prior to purchase please email me at hello@effieanadesign.com to discuss further. Any changes required are at an hourly rate of $95 per hour.*Please note: some designs 1 round of colour changes included if required - view each listing for further details if applicable.
MODIFICATION RIGHTS: Modification by Company of the Licensed Design(s) is permitted, but ONLY to address formatting such as cropping,
re-sizing. Any design element from within design MUST NOT be extracted and used in other commercial ways.
REFUNDS: Due to the nature of the product being digital, refunds are not provided.In the event an issue has occured with the file I will work with you to resolve accordingly.

1. CAPITALISED TERMS.
All capitalized terms used herein will have the meaning first provided when introduced below or as provided above.

2. LICENSE & OWNERSHIP.
2.1.Grant of License. Subject to the terms and conditions of this Agreement, including the requirement of full payment of the License Fee and for the duration of the License Term and throughout the Territory, Designer hereby grants to Company a license to use the Licensed Design(s) in connection with any Licensed Purposes subject to the Exclusivity Rights (the “License”). The License is further limited to compliance with the Modification Rights, the Copyright Notice.

2.2. Ownership. Company recognises all of Designer’s rights and interests in and to the Licensed Design(s), and acknowledges that all use of the Licensed Design(s) ultimately inures to the benefit of Designer. No right of ownership, title, copyright or other interest, in and to the Licensed Design(s) and underlying artwork is ever transferred to Company by this Agreement.

3. REPRESENTATIONS & WARRANTIES.
3.1. Designer’s Representations & Warranties. Designer represents and warrants to Company that:
(i) Designer has full right, title and interest in the Licensed Design(s) and to Designer’s knowledge the Licensed Design(s) do not infringe any third-party rights;
(ii) Designer has full right and power to enter into this Agreement and to perform fully all of Designer’s obligations hereunder;
(iii) the Licensed Design(s) are free and clear of any claims, liens or rights of third parties with regard to the use of the Licensed Design(s) in connection with the Licensed Purposes;
(iv) there are no other agreements, written or oral, with any third party regarding the Licensed Design(s), or otherwise, in conflict herewith;
(v) there are no claims, litigation or other proceedings pending or threatened which would adversely affect any Licensed Design(s), or the rights of Company hereunder.

3.2 Company’s Representations & Warranties. Company represents and warrants that:
(i) it has the full right and power to enter into this Agreement and to perform fully all of its obligations hereunder;
(ii) Company will not use the Licensed Design(s) in a manner that will reflect negatively on Designer or the Licensed Design(s); and
(iii) except for matters arising directly out of the Licensed Design(s) themselves or Designer’s warranties above, Company will remain exclusively responsible for all matters and liability arising out of the materials, promotions, products and other uses it makes in connection with the Licensed Design(s).

4. LIMITATION OF LIABILITY. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT) WHETHER OR NOT A PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED.

5. TERM & TERMINATION. The License and the License Term will not commence until Designer has received payment for the full amounts due hereunder. The License will terminate in the event that Designer provides Company with a written notice of breach and Company does not cure such breach within thirty (30) days of such notice.

6. MISCELLANEOUS.
6.1. Payment Default. Company is responsible to pay all of Designer’s attorneys’ fees and costs and expenses incurred in the enforcement of any payment obligations hereunder.
6.2. Entire Agreement. This Agreement sets forth the entire agreement between the Parties in connection with the subject matter hereof and it incorporates, replaces, and supersedes all prior agreements, promises, proposals, representations, understandings and negotiations, written or not, between the Parties in connection therewith. The making, execution, and delivery of this Agreement has been induced by no representations, statements, warranties or agreements other than those expressed herein.
6.3. Notice. All notices will be in writing and will, be delivered to the email address to the contact information provided for each such Party in this Agreement.
6.4. Confidentiality. This Agreement and the pricing provided herein will be deemed proprietary and confidential information of Designer and should not be shared with third-parties.
6.5. Choice of Law. This Agreement will be governed by those laws of Australia without regard to its conflict of law provisions In the event of any dispute arising out of or in relation to the Services, the parties agree that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.
6.6. Modification. No modification, amendment, supplement to or waiver of any provision of this Agreement will be binding upon the Parties unless made in writing.
6.7. Waiver. Failure of a Party to exercise any right provided for herein will not be deemed to be a waiver of any right hereunder.

The Parties have caused this Agreement to be executed as of the Effective Date from when the design was purchased from Effie Ana Design Pattern Print Library online store.