COPYRIGHT & USE OF SURFACE DESIGNS

All surface design(s) provided by Trendtex Fabrics, Ltd.®, whether in electronic, printed, or any other format, are protected by applicable copyright laws. Fabric may be used in its original form for its intended purpose. However, the reproduction, replication, imitation, copying, or reuse of any surface design(s), in whole or in part, without prior written permission from Trendtex Fabrics, Ltd. (“Trendtex”), is strictly prohibited.

The purchaser (“Purchaser”) agrees that any unauthorized reproduction of the surface design(s) constitutes a material breach of this agreement. Purchaser agrees to indemnify and hold Trendtex harmless from any costs, expenses, claims, or damages arising from such breach, including reasonable attorneys’ fees and costs incurred in arbitration, trial, or appeal.

Trendtex grants no warranties, express or implied, statutory or otherwise, regarding the products, and specifically disclaims any implied warranties of merchantability, fitness for a particular purpose, and noninfringement. No oral or written advice or information provided by Trendtex or its agents shall create any warranty or condition.

To the fullest extent permitted by law, Trendtex’s maximum liability for any claim arising from the purchase or use of the fabric shall be limited to the amount paid by Purchaser for the fabric. In no event shall Trendtex be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, loss of business, or litigation costs, whether arising in contract, tort (including negligence), product liability, or otherwise, even if advised of the possibility of such damages.

This agreement constitutes the entire agreement between the parties and is deemed a contract made in the State of Hawaii, governed by and construed in accordance with the laws of the State of Hawaii, including the Hawaii Uniform Commercial Code and excluding the U.N. Convention on the International Sale of Goods. Any legal action to enforce this agreement shall be brought exclusively in the state or federal courts located in Honolulu, Hawaii, and Purchaser expressly consents to such jurisdiction and venue.

By purchasing fabric from Trendtex Fabrics, Ltd., Purchaser acknowledges that they have read, understood, and agreed to these terms.

We appreciate your business and your respect for our valuable intellectual property and look forward to continuing to provide the highest-quality line of fabrics reflecting Hawaii’s diverse culture and tropical influences.

Sincerely,

Trendtex Fabrics, Ltd.®