End User Agreement
Following your purchase of a license for one of our digital patterns, you can use the digital pattern for the reproduction of a Civil War uniform garment, provided it doesn’t violate our licensing agreement terms. This means, essentially, that you may not distribute or resell any of the digital pattern files, electronically or tangibly, nor can you modify and resell the pattern files as your own work.
The following End User License Agreement is for personal and non-commercial use. Additionally, this license agreement permits limited use by nonprofit museums and government owned heritage sites. Affordable license upgrades are available that are tailored (no pun intended) for film and theater use; please contact us at info@civilwarpatterns.com regarding your proposed use of the digital patterns and the best way to meet your needs.
Through this End User License Agreement, Civil War Patterns can continue developing and providing affordable authentic and accessible digital patterns without suffering significant monetary harm. Below is the End User License Agreement:
LICENSE AGREEMENT
CIVIL WAR PATTERNS END USER LICENSE AGREEMENT
THIS IS A BINDING LEGAL AGREEMENT – Please read this Agreement before purchasing, downloading, or using digital patterns. Any of these actions shall indicate your express agreement to these terms and conditions.
- GRANT OF LICENSE. This license to use this Digital Pattern is non-exclusive, terminable and non-transferable and the use of the Digital Pattern must be in accordance with the following terms and conditions.
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PERMITTED DOWNLOADS AND USES.
2.1 Downloading. Use of the Digital Pattern is to the End User identified when the license was purchased. The Digital Pattern is available for limited downloading. If you need or otherwise desire to download additional digital patterns, contact Civil War Patterns for a special license.
2.2 Uses. Use of the Digital Pattern in the creation of a reproduction historic garment for PERSONAL and/or NON-COMMERCIAL USE is permitted provided that no unauthorized uses or copies of the Digital Pattern is transferred to any unlicensed party. The use of the Digital Pattern by 501(c) (3) Nonprofit museums or government owned and operated historic sites for the creation of one (1) reproduction historic garment is permitted as Non-Commercial Use. Other restrictions to the use of the Digital Pattern are set forth in this agreement.
2.3 One Digital Pattern Back-Up. You are permitted to make a single back-up copy of the Digital Pattern Files. The Digital Pattern Files may not be sublicensed, sold, leased, rented, lent, or given away to another person or entity.
2.4 Service Providers/Bureaus. If you require the services of a third party for printing or projecting your Digital Pattern Files, the service provider must delete the Digital Pattern Files or purchase their own license for continued printing or projecting of the of the Digital Pattern Files with other clients or projects it is hired to produce.
3.REFUNDS. If you do not agree to the terms of the Digital Pattern License Agreement, do not download the Digital Pattern Files. Refunds are permitted only at the discretion of Civil War Patterns.
4.RESTRICTIONS. Except as may be otherwise expressly permitted by your specific License, you may not distribute, sell, modify, include, adapt, translate, reverse engineer, decompile, or disassemble the Digital Patterns without the express written consent of Civil War Patterns. All rights not expressively granted are reserved to Civil War Patterns. Any modifications, derivations, and/or adaptations of the Digital Patterns or the designs therein, requires the express permission of Civil War Patterns which expressly reserves a right to create any such modifications, derivations or adaptations. This term is contractual in nature.
4.OTHER RESTRICTIONS. Use of Civil War Patterns Digital Patterns and related Digital Files are not permitted in the following circumstances or applications without purchasing a license upgrade. In order to obtain a license upgrade, you must contact Civil War Patterns at info@civilwarpatterns.com for more information. If you are unsure whether your use of Civil War Patterns Digital Patterns and Related Files is specifically permitted under this Agreement, contact Civil War Patterns.
4.1 Kits or Unfinished Civil War Uniform-Related Products for Resale or Distribution.
4.2 Distribution or Broadcast of Digital Pattern and Digital Files on the Internet, Commercial Exhibition, or Film.
4.3 Modification of Digital Pattern Pieces Reproduced on Media for Resale or Distribution. Modifying the Digital Pattern after reproduction on media such as fabric, paper, or paper for resale or distribution is not permitted with this license.
- RIGHTS RESERVED. This Digital Pattern is licensed, not sold, to you by Civil War Patterns, and is licensed for use in accordance with the terms of this Agreement. As a licensee, your ownership of the magnetic and/or optical media on which the Digital Pattern Files are recorded, is distinct from and does not grant any right, title, or interest in and to the design of the Digital Pattern or the Digital Pattern Files itself.
- 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 Digital Pattern to Civil War Patterns and certify that no copy remains in your possession or control.
- COMPLIANCE WITH LAWS. You shall be responsible for your compliance with all laws relating to the control of exports or the transfer of technology in connections with any use and distribution of the Digital Pattern.
- REVOCATION OF WARRANTIES. Subject to the representation and warranties stated herein, the Digital Pattern Files are provided “AS IS” and without fiduciary obligation to you or other warranties of any kind and Civil War Patterns herby EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL CIVIL WAR PATTERNS BE LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES. Under no circumstances, subject to the conditions noted herein, shall Civil War Patterns maximum liability to you or any third party exceed the replacement cost of the Digital Pattern Files.
- OTHER LAW – CONSUMERS ONLY. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, implied warranties or implied warranties as they relate to sales to non-business purchases to consumers. ANY IMPLIED WARRANTY OR CONDITION CREATED BY LAW IS ONLY EFFECTIVE FOR A THIRTY (30) DAY WARRANTY PERIOD OR THE SHORTEST PERIOD ALLOWED BY ANY APPLICABLE RULE, LAW OR STATUTE. THERE ARE NO WARRANTIES OR CONDITIONS OF ANY KIND AFTER THE SHORTEST APPLICABLE WARRANTY PERIOD. The exclusions noted above may not apply to you. Otherwise, and to the extent permissible by law, you agree that all implied warranties are not to be effective for more than thirty (30) days.
- GOVERNING LAW. This Agreement will be governed by the laws of the State of Wisconsin as applies to contracts entered into and wholly performed therein without application of its conflict of law provisions or the conflict of law provisions of any other jurisdiction. You hereby expressly consent to the personal jurisdiction of the local, state or federal courts selected by Civil War Patterns for the hearing or resolution of any dispute or action arising out of or related to this License and you hereby further expressly waive any jurisdiction or venue defenses and agree to services of process by certified mail return receipt requested. All remedies are cumulative not exclusive.
- COMPLETE AGREEMENT. You acknowledge that you have read this agreement and understand it and that by downloading Civil War Patterns Digital Patterns you will be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between Civil War Patterns and you which supersedes any proposal or prior agreement, oral or written, and any other communications between Civil War Patterns and you relating to the subject matter of this Agreement. No variation of the terms of this agreement or any different terms will be enforceable against Civil War patterns unless Civil War Patterns gives its express written consent, including a written express waiver of the terms of this. If any provision of this agreement is held void or unenforceable, that provision will be enforced to the maximum extent possible and the remaining provisions of this agreement will remain in full force and effect. Civil War Patterns expressly reserves the right to amend or modify this License Agreement at any time and without prior notification.
- LICENSE UPGRADES. License upgrades may be purchased for uses that are prohibited or otherwise restricted. You may contact Civil War Patterns by email via info@CivilWarPatterns.com for custom licensing information.