Queen of Stitching End User License Agreement
THIS LICENSING AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU, EITHER AN INDIVIDUAL OR A SINGLE ENTITY, AND QUEEN OF STITCHING, INC. ("LICENSOR"). IF YOU DO NOT AGREE TO EACH AND EVERY TERM, YOU ARE TO CLICK THE "DISAGREE" BUTTON AND NOT, PURCHASE, USE OR INSTALL THE DESIGNS. AS THIS LICENSING AGREEMENT IS MADE AVAILABLE TO YOU BEFORE YOU PURCHASE DESIGN SOFTWARE FOR DOWNLOAD – REFUNDS WILL NOT BE AVAILABLE TO YOU BECAUSE YOU CHOSE TO DISAGREE WITH THESE TERMS AFTER DOWNLOADING.
REQUIREMENTS: YOU MUST HAVE AN EMBROIDERY MACHINE THAT IS CAPABLE OF USING A 130 MM HOOP SIZE TO USE QUEEN OF STITCHING 5 INCH BLOCKS. YOU MUST HAVE AN EMBROIDERY MACHINE THAT IS CAPABLE OF USING A 200 MM HOOP SIZE TO USE QUEEN OF STITCHING 8 INCH BLOCKS. DO NOT CONTINUE WITH THE PURCHASE OF ANY QUEEN OF STITCHING DESIGN IF YOU DO NOT HAVE AN EMBROIDERY FIELD THAT WILL SUPPORT OUR DESIGNS. BY CONTINUING WITH THIS PURCHASE YOU ARE STIPULATING THAT YOU HAVE AN EMBROIDERY MACHINE WITH AN EMBROIDERY FIELD LARGE ENOUGH TO SUPPORT OUR DESIGNS. NO REFUNDS WILL BE MADE ON THE BASIS OF INADEQUATE HOOP SIZE.
1. GENERAL: The software designs and documentation accompanying this License whether on disk, on any other media (collectively the "Software") are licensed to you by Queen of Stitching, Inc. ("Licensor") for use only under the terms of this License, and Licensor reserves all rights not expressly granted to you. The rights granted herein do not include any other patents or intellectual property rights.
Title and intellectual property rights in and to any content displayed by or accessed through the Software belong to the respective content owner. This License does not grant you any rights to use such content.
2. LICENSE: Licensor hereby grants to You, and You accept, a non-exclusive license to install and use Software and Documentation, only as authorized in this license. You agree that You will not assign, sub license, transfer, pledge, lease, rent, gift or share Your rights under this license. You may not reverse engineer, decompile or disassemble the Licensed Software for any purpose whatsoever.
The license does not allow multiple users to use the Software on multiple computers.
3. TRANSFER: You may not distribute copies of the Software, in whole or in part, to any third party, nor may you use, rent, loan, sublicense, gift or lease the Software to third parties. You may not transfer your rights to use the Software to another person or legal entity
4. ILLEGAL USE: You are not to use the Software, whether directly or indirectly, for any illegal purpose under the laws or ordinances of Federal, State, or local governments. It is Your sole responsibility to know and understand the laws and/or ordinances that govern the use of the Software. In the event that You violate any Federal, State or local law or ordinance by direct or indirect use of the Software, You shall take full legal responsibility for such illegal use. You shall hold Licensor harmless and without fault and otherwise indemnify Licensor for any damage, cost or liability incurred by Licensor as a result of any use, whether or not such use is within the scope of the license set forth herein.
5. UPDATES : ¨If the Software is an Update from an earlier release, you now may use that updated product only in accordance with this Agreement.
If the Software is an Upgrade from a previously released version, you must possess a valid license code for the new version in accordance to the Upgrade policy for that particular Upgrade. You may continue to use the previous version of the Software on your computer after You receive the Upgrade to assist You in the transition to the new version, provided that: new and the previous versions are installed on the same computer; the previous version or copies thereof may not be transferred to another party or computer and You acknowledge that any obligation Queen of Stitching, Inc. may have to support the previous version of the Software may be ended upon availability of the Update.
6. LICENSOR'S RIGHTS: You acknowledge and agree that the Software and Documentation consists of proprietary, published and unpublished property of Licensor. You further acknowledge and agree that all right, title, and interest in and to the Software and Documentation are and shall remain with Licensor. This license conveys to You the right to install and use the Software and Documentation in accordance with the terms of this license. All rights not expressly granted here are reserved by Queen of Stitching, Inc. The Licensor will not transmit your personal information to any third party without your express consent.
You may use Queen of Stitching materials to make, produce or manufacture as many personal items, gifts and sellable goods as you desire.
7. TERMINATION: This license becomes effective when you the transaction used to purchase the Software is processed. The Licensor may immediately terminate this License Agreement if you breach any representation, warranty, agreement or obligation contained or referred to in this License Agreement. Upon termination, you must dispose of the Software and all copies or versions of the Software by destroying the Software if obtained through a CD/DVD and/or erasing the Software and all associated files from your computer.
8. LIMITED WARRANTY: Queen of Stitching, Inc. provides a guarantee on the Software. If you are identify an error in the Software , Queen of Stitching, Inc. will correct the error and update the files contained in your original purchase. THE FOREGOING IS THE SOLE AND EXCLUSIVE WARRANTY OFFERED BY QUEEN OF STITCHING, INC.. QUEEN OF STITCHING, INC. DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE LICENSED SOFTWARE AND ALL ACCOMPANYING MATERIALS. QUEEN OF STITCHING, INC. AND ITS AGENTS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE.
9. LIMITATION OF LIABILITY: ¨IN NO EVENT WILL QUEEN OF STITCHING, INC. OR ITS AGENTS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS. QUEEN OF STITCHING, INC. AGGREGATE LIABILITY AND THAT OF ITS AGENTS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY.
10. SEVERABILITY: Should any term of this license be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
11. GENERAL PROVISIONS: This License Agreement is personal between You and Queen of Stitching, Inc. It is not transferable and You may not rent, gift, lease, sublicense, assign or transfer any of the rights, duties or obligations hereunder. YOUR PURCHASE OF QUEEN OF STITCHING SOFTWARE IS YOUR ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND QUEEN OF STITCHING, INC. WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND QUEEN OF STITCHING, INC. OR QUEEN OF STITCHING, INC. AGENT(S) RELATING TO THE LICENSED SOFTWARE.
All questions regarding this Agreement and requests for any information from Queen of Stitching, Inc. should be addressed to: our sales department.
© 2013 Queen of Stitching, Inc., All Rights Reserved. Queen of Stitching, Inc. and Queen of Stitching are trademarks of Queen of Stitching, Inc. All other trademarks, registered trademarks, product and/or brand names are the sole property of their respective owners.