Terms of Use IMPORTANT-PLEASE READ CAREFULLY:
This Terms of Use (“Agreement”) is a legal agreement between Brother Industries, Ltd. (“Company”) and you that governs your use of any Software, installed on or made available by Company for use with sewing or craft products (“Company Product”). The term of “Software” means any and all contents data, design data, data format, firmware of Company Product, and PC application or mobile device application. By using the Software and Company Product, you shall be deemed to have agreed to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, Company is unwilling to license the Software and you are not allowed to use the Software. Amendments and supplements to this Agreement may be attached to the Software. An individual who accepts this Agreement on behalf of an entity represents to Company that he or she has the legal right to enter into a binding legal agreement for that entity. Terms and Conditions 1 Grant of License. 1.1 Subject to this Agreement, Company hereby grants you a personal, non-exclusive, non- transferable and revocable license to use the Software only within the Company Product. 1.2 Your right to use of the Software is licensed and not sold, and solely for your use subject to this Agreement. Company or its suppliers retains all right, title, and interest relating to Software, including without limitation all intellectual property rights relating thereto. 2 Restrictions 2.1 Except as expressly set out in this Agreement or as required by any local law, you shall undertake: 2.1.1 not to disassemble, de-compile, reverse engineer, translate or otherwise attempt to learn the source code of the Software(including the data or contents created by using the Company Product or contents editing application software; hereinafter the same shall apply in this Clause 2.); 2.1.2 not to create derivative works based on the whole or any part of the Software; 2.1.3 not to distribute, provide or make available the Software in any form, in whole or in part to any person without prior written consent from Company; 2.1.4 not to copy the Software, except where such copying is incidental to normal use of the Software with Company Product or where it is necessary for the purpose of back-up or operational security; 2.1.5 not to transfer, rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify, the whole or any part of the Software nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs; 2.1.6 to include Company’s copyright notice and this Agreement on all entire and partial copies of the Software; and 2.1.7 not to use the Software for any purpose (including, but not limited to, use with unauthorized sewing/craft products or software) other than as provided under Clause 1 of this Agreement.
3 No warranty
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS SOFTWARE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON- INFRINGEMENT AND/OR FITNESS FOR A PARTICULAR PURPOSE. 4 Limitation of liability 4.1 COMPANY SHALL NOT BE LIABLE TO YOU, ITS END-USERS OR ANY OTHER ENTITY FOR ANY LOSS OF PROFITS OR INCOME OR SAVINGS, LOSS OF DATA, INTERRUPTION OF USE, OR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR INDIRECT DAMAGES INCURRED BY SUCH PARTY (WHETHER IN AN ACTION IN CONTRACT OR TORT), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR RELATING TO THE SOFTWARE, SUPPORT SERVICE OR THIS AGREEMENT. THESE
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