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Terms of Use

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Dress Crest Embroidery Co. Ltd., an Ontario corporation (Embroidery Legacy) is pleased to present the website www.EmbroideryLegacy.com and such other URLs as may be designated in the future by Embroidery Legacy (the websites) and the software applications which relate to the Websites and which are provided for use on mobile device. By using and/or visiting the Websites, including any Content, Instructor Submissions and User Submissions (each as defined below) available through the Websites, and/or by installing one or more Applications, you assent to these terms and conditions (Terms of Use) which Terms of Use include and incorporate by reference the terms and conditions of our Privacy Policy (the Privacy Policy). If you do not agree to any of these terms, then please do not use the Websites.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

1. The Websites
The Websites are intended to serve as an online learning environment through which registered users (Users) may subscribe to access courses of video lectures (E-Classes) and associated study materials and background materials presented by Embroidery Legacy instructors (Instructor). The Websites will also serve as an online social network through which Users may communicate and interact with other Users, share their own User Submissions and view the User Submissions of other Users. Embroidery Legacy offers for sale through the Websites products pertinent to the E-Classes as well as software, designs and notions for the embroidery industry.

2. Access to the Websites
A. Embroidery Legacy hereby grants you permission to use the Websites and/or Applications as set forth in these Terms of Use, provided that: (i) you have paid fees, if required, to enroll in any E-Class or to use an Application (ii) you have set up a valid account and Profile (as defined below), (iii) your use of the Websites and/or the Applications, as permitted, is solely for your personal, noncommercial use; (iv) you will not copy, upload, republish or distribute any part of the Websites or the Applications in any medium without Embroidery Legacy prior written authorization; (v) you will not alter or modify any part of the Websites or the Applications other than as may be reasonably necessary to use the Websites and the Applications for their intended purpose; (vi) you will not reverse engineer, disassemble or an Application; (vii) you are at least 18 years of age; and (viii) you will otherwise comply with Terms of Use.
B. In order to access the Websites, you will have to create an account. You may never use anothers account without his or her express permission and you may not provide another person with the username and password to access your account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Embroidery Legacy immediately of any breach of security or unauthorized use of your account. Although Embroidery Legacy will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Embroidery Legacy or others due to such unauthorized use.
C. You agree not to collect any personally identifiable information, including account names, from the Websites, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Websites.
D. The Websites may contain links to third-party websites that are not owned or controlled by Embroidery Legacy. Embroidery Legacy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Embroidery Legacy will not and cannot censor or edit the content of any third-party site which is linked to the Websites. By using the Websites, you expressly relieve Embroidery Legacy from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. Applications
A. An Application will allow you to access certain materials and functionality available on the Websites through your mobile device.
B. Embroidery Legacy reserves the right to amend or withdraw any Application at any time and for any reason.
C. You acknowledge that the terms of agreement with your mobile network provider (Mobile Provider) will continue to apply when using an Application. As a result, you may be charged by your Mobile Provider for access to network connection services for the duration of the connection while accessing an Application or any such third party charges as may arise. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone or handheld device being used to access an Application, you will be assumed to have received permission from the bill payer for using the Application.
D. Embroidery Legacy does not accept any responsibility whatsoever for unavailability of any Application, or any difficulty or inability to download or access content or any other communication system failure which may result in an Application being unavailable. Embroidery Legacy will not be responsible for any support or maintenance for Applications.
E. In order to use an Application, you will be required to have a compatible mobile telephone or handheld device, internet access, and certain minimum specifications which are specified in the Application itself.

4. Sales of Products by Embroidery Legacy
A. The Websites allows Users who comply with the Terms of Use to buy certain goods from Embroidery Legacy, either in conjunction with the purchase of a E-Class, or its companion Websites. To order a product from Embroidery Legacy, you will need to follow the ordering procedures set out on our order page. Details of our prices for the goods and the procedures for payment and delivery are displayed on the Websites. Prices are subject to change without notice.
B. Any times or dates stated by Embroidery Legacy for delivery are estimates only. We shall make all reasonable effort to deliver goods within the time specified, but we shall not have any liability for any failure to deliver within that time.
C. You must pay for items purchased from Embroidery Legacy by credit card or through Paypal or by other methods specified on the Website from time to time. Unless otherwise indicated, the prices are exclusive of delivery costs and applicable taxes.
D. We are entitled to refuse any order placed by you for any reason. If your order is accepted by Embroidery Legacy, we will confirm acceptance to you by online electronic means to the e-mail address you have provided.
E. You undertake that all details you provide to us for the purpose of purchasing goods from Embroidery Legacy will be correct, that the credit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods. We reserve the right to obtain validation of your credit card details before providing you with any goods.
F. Embroidery Legacy will replace goods that you have purchased from us which are incorrect, damaged, or defective, at no cost to you. Please email [email protected] with a description of the problem with the goods and our customer service team will provide you with shipping instructions. Once we receive the item and have validated the damage/defect, you will be refunded the price of the item as well as any applicable taxes and shipping costs. Refunds will be issued in the original form of payment used to purchase the item. Please note that in order to receive a refund for the shipping cost of the item, you must contact our customer service team before returning the item to us, and we must be able to validate the damage/defect/error.
G. If you are not satisfied with physical goods purchased from Embroidery Legacy, you may return them to Embroidery Legacy within fourteen (14) days after delivery. Returns will receive a refund of the price of the item and any applicable taxes minus a $30 restocking fee, issued in the original form of payment used to purchase the item. Items must be returned in new or like-new condition, and in their original packaging, items labeled with tamper-proof sticker must be intact, and with all paperwork including your packing slip to ensure full credit. Customers are responsible for all shipping costs for the item unless the item is being returned because it is incorrect, damaged, or defective. Our digital products including embroidery designs and online education can not be returned after purchase unless otherwise stated on that product’s specific sales page. This is due to the electronic and downloadable nature of these products. Embroidery Legacy reserves the right to refuse any returns if they do not meet our return requirements. Please email [email protected] and our customer service team will provide you with shipping instructions.

5. Profiles, User Submissions and Instructor Submissions
A. In order to create an account, you will be required to submit certain private information which may include your name, email address, telephone number, address and credit card details (Private Information) which Embroidery Legacy may use in connection with the operation of its business, but will otherwise keep private in accordance with the terms of the Privacy Policy. Private Information may be used in our communications with you (including for marketing purposes), but will not be shared with any non-affiliated third party without your permission.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. The information provided in the User Submissions will not be treated as confidential and you shall not expect any information provided in the User Submissions to be private. For the sake of clarity, do not submit any information as User Submissions which you wish to be kept private and confidential.
C. In connection with User Submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Embroidery Legacy to use all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Submissions to enable inclusion and use of them in the manner contemplated by the Terms of Use. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Embroidery Legacy, you hereby grant Embroidery Legacy a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable, irrevocable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform User Submissions, as well as information which is obtained from any linked website, Facebook page or Twitter feed, on the Website and otherwise in connection with Embroidery Legacy business, including without limitation for marketing purposes and promoting and redistributing part or all of the Websites (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Websites a non-exclusive license to access your User Submissions through the Websites, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Websites and under these Terms of Use.
D. Private Information may be used in a de-identified, aggregated manner by Embroidery Legacy (and its successors and assigns) in connection with its and their business, including, without limitation, for purposes of statistical and demographic analysis and for marketing and promotional purposes (as more specifically described in the Privacy Policy).
E. You understand and agree that Embroidery Legacy may, but is not obligated to, review the User Submissions and may delete or remove (without notice) all or any portion of any User Submissions in its sole discretion, for any reason or no reason, including User Submissions that in the sole judgment of Embroidery Legacy violate the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Submissions you post or store on the Websites or provide to Embroidery Legacy. Embroidery Legacy does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and Embroidery Legacy expressly disclaims any and all liability in connection with User Submissions.
F. You understand and agree that Embroidery Legacy is not obligated to review, and is in no way responsible for, the content of video lectures, associated study materials and background materials presented by Instructors and Teaching Assistants, or content created in connection with the participation by Instructors and Teaching Assistants in Courses and their interaction with Users and other Instructors and Teaching Assistants (including written, audio and/or video content, information, images, and other materials) (together, the Instructor Submissions). Embroidery Legacy does not endorse any Instructor Submissions or User Submissions or any opinion, recommendation, or advice expressed therein, and Embroidery Legacy expressly disclaims any and all liability in connection with Instructor Submissions.
G. In connection with your User Submissions and otherwise in connection with your use of the Websites and Applications, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Embroidery Legacy all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Embroidery Legacy or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, offensive, discriminatory on the basis of race, ethnicity, gender or sexual orientation, or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (iv) post advertisements or solicitations of business; (v) impersonate another person or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; (vi) harvest or collect email addresses or other contact information of other Users from the Websites by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (vii) use the Websites in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Websites; (viii) upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (ix) upload, post, transmit, share, store or otherwise make publicly available on the Websites any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (x) solicit personal information from anyone under 18 years of age or solicit passwords or personally identifying information for commercial or unlawful purposes; (xi) upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xii) intimidate or harass another; (xiii) upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, national or international law; (xiv) use or attempt to use anothers account, service or system without authorization from Embroidery Legacy, or create a false identity on the Websites; or (xv) upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Embroidery Legacy is objectionable or which restricts or inhibits any other person from using or enjoying the Websites, or which may expose Embroidery Legacy, the Website or its Users to any harm or liability of any type.
H. Embroidery Legacy does not permit copyright infringing activities and infringement of intellectual property rights on its Websites, and Embroidery Legacy may remove all Content, User Submissions or Instructor Submissions if properly notified that such Content, User Submissions or Instructor Submissions infringes on anothers intellectual property rights. Embroidery Legacy reserves the right to remove Content, User Submissions or Instructor Submissions without notice. Embroidery Legacy may also terminate a Users access to its Websites and Applications if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had User Submissions removed from the Websites and/or Applications more than once. Embroidery Legacy also reserves the right to decide whether User Submissions are appropriate and comply with the Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. Embroidery Legacy may remove such User Submissions and/or terminate a Users access for uploading such material in violation of the Terms of Use at any time, without prior notice and at its sole discretion.
I. In particular, if you are a copyright owner or an agent thereof and believe that any User Submissions, Instructor Submissions or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Embroidery Legacy with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications should be sent to [email protected]
You acknowledge that if you fail to comply with all of the requirements of this Section 5(G), your DMCA notice may not be valid.
J. You understand that when using the Websites, you will be exposed to User Submissions and Instructor Submissions from a variety of sources, and that Embroidery Legacy is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions or Instructor Submissions. You further understand and acknowledge that you may be exposed to User Submissions and Instructor Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Embroidery Legacy with respect thereto, and agree to indemnify and hold Embroidery Legacy, its successors, assigns, directors, officers, employees, affiliates, agents, Instructors and Teaching Assistants harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

6. Intellectual Property Rights
A. Content means all content on the Websites and Applications, except for all User Submissions and Instructor Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, embroidery designs, education, webinars, videos, interactive features and the like and the trademarks, service marks and logos contained therein. Content and Instructor Submissions are subject to copyright and other intellectual property rights under Canadian and foreign laws and international conventions and are (i) owned by or licensed to Embroidery Legacy, (ii) supplied to our editors or released into the public domain by public relations and marketing companies for press purposes, (iii) published on public sites with licenses granted under Creative Commons, with attribution in accordance with the Creative Commons license granted in each case, or (iv) covered, we believe, by the Fair Use Doctrine.
B. Content, Instructor Submissions and User Submissions from other Users on the Websites and Applications are provided to you as is for your information and personal use only and may not be used, copied, reproduced, recorded, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Embroidery Legacy reserves all rights not expressly granted in and to the Websites, the Applications and the Content. You agree to not engage in the use, copying, or distribution of any of the Content, Instructor Submissions or User Submissions from other Users other than as expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. In no event shall any Content, Instructor Submissions or User Submissions be used for any websites, application or publication of any sort which is competitive with the Websites and Applications. For the sake of clarity, a website, application or publication is competitive if it distributes, publishes or otherwise makes available by any means educational courses and materials in any field or if it is otherwise competitive with any business activities of Embroidery Legacy and/or the Websites. If you download or print a copy of the Content or User Submissions for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Websites or features that prevent or restrict use or copying of any Content or User Submissions or enforce limitations on use of the Website or the Content and User Submissions therein.

7. Disclaimers
YOU AGREE THAT YOUR USE OF THE WEBSITES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EMBROIDERY LEGACY AND ITS SUCCESSORS, ASSIGNS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INSTRUCTORS AND TEACHING ASSISTANTS DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, TO YOU IN CONNECTION WITH THE WEBSITES AND YOUR USE THEREOF. NEITHER EMBROIDERY LEGACY NOR ANY OF ITS SUCCESSORS, ASSIGNS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INSTRUCTORS OR TEACHING ASSISTANTS MAKES ANY WARRANTIES OR REPRESENTATIONS TO YOU ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE PORTAL, INSTRUCTOR SUBMISSIONS OR USER SUBMISSIONS OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITES AND SUCH PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY TO YOU FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, INSTRUCTOR SUBMISSIONS OR USER SUBMISSIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES OR ANY OF OUR PRODUCTS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PORTAL BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES. EMBROIDEYR LEGACY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITES OR ANY HYPERLINKED WEBSITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND EMBROIDERY LEGACY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

8. Limitation of Liability
IN NO EVENT SHALL EMBROIDERY LEGACY OR ITS SUCCESSORS, ASSIGNS, OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INSTRUCTORS OR TEACHING ASSISTANTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY USE OR ACCESS TO THE WEBSITES, INCLUDING, WITHOUT LIMITATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT EMBROIDERY LEGACY AND ITS SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, INSTRUCTORS AND/OR TEACHING ASSISTANTS SHALL NOT BE LIABLE TO YOU FOR USER SUBMISSIONS, INSTRUCTOR SUBMISSIONS OR CONTENT, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Websites are controlled and offered by Embroidery Legacy from its facilities in Canada. Embroidery Legacy makes no representations that the Websites are appropriate or available for use in other locations. Those who access or use the Portal from other jurisdictions do so at their own volition and are responsible for compliance with local law.

9. Indemnity
You agree to defend, indemnify and hold harmless Embroidery Legacy and its successors, assigns, affiliates, officers, directors, employees, agents, Instructors and Teaching Assistants from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from: (i) your use of and access to the Websites; (ii) your violation of any term of the Terms of Use ; (iii) your violation of any third-party right, including without limitation any intellectual property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party.

10. Termination
Embroidery Legacy may terminate your membership, delete your account and any User Submission that you have posted on the Websites and/or prohibit you from using or accessing the Websites (or any portion, aspect or feature thereof ) for any reason, or no reason, at any time in its sole discretion, with or without notice. Notwithstanding any termination or expiry of your membership or your ceasing to use the Websites, your obligations hereunder shall survive indefinitely.

11. Ability to Accept Terms of Use
You affirm that you are more than 18 years of age and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.

12. General
You agree that: (i) the Websites shall be deemed solely based in Ontario; and (ii) the Websites shall be deemed passive and shall not give rise to personal jurisdiction over Embroidery Legacy, either specific or general, in jurisdictions other than the Province of Ontario. The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Embroidery Legacy without restriction. Any claim or dispute between you and Embroidery Legacy that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in the Province of Ontario. These Terms of Use, together with the Privacy Policy, Contest Rules and any other legal notices published by Embroidery Legacy on the Websites, shall constitute the entire agreement between you and Embroidery Legacy concerning the Websites. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. No waiver of any term of this the Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Embroidery Legacy failure to assert any right or provision under the Terms of Use shall not constitute a waiver of such right or provision. Embroidery Legacy reserves the right to amend the Terms of Use at any time and without notice, and it is your responsibility to review the Terms of Use for any changes. Your use of the Websites following any amendment of the Terms of Use will signify your assent to and acceptance of the revised terms of any component thereof.

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Design Copyright Notice

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© COPYRIGHT NOTICE All designs are copyrighted by Embroidery Legacy by John Deer. This design may not be distributed electronically in any format or by any method, either altered or unaltered, without the express written permission of Embroidery Legacy by John Deer. By purchasing this design, you acknowledge that you agree to the License Terms. Embroidery Legacy by John Deer grants the purchaser to unlimited use of its designs for personal home use. The purchaser is also permitted to produce and sell up to 50 embroidered items for profit. For embroidering and selling more than 50 embroidered items, contacting [email protected] you may purchase a specified Commercial License.

Digitizingmadeeasy.com USER LICENSE AGREEMENT Dress Crest Embroidery Co. Ltd., dba The Deer’s Embroidery Legacy, (“digitizingmadeeasy.com”) is providing you a limited license to use the embroidery design files (the “Design Files”) subject to the terms of this USER LICENSE AGREEMENT (this “Agreement”).

IMPORTANT – PLEASE READ CAREFULLY THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE DEER’S EMBROIDERY LEGACY FOR USE OF THE DESIGN FILES FOR WHICH YOU HAVE PAID THE DESIGNATED LICENSE FEE. BY PURCHASING THE DESIGN(S) YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOLLOWING TERMS AND AGREE TO BE BOUND BY THEM. YOU ALSO ACKNOWLEDGE THAT THIS AGREEMENT IS THE ONLY AGREEMENT BETWEEN YOU AND THE DEER’S EMBROIDERY LEGACY REGARDING THIS DESIGN. IF YOU DO NOT AGREE TO THESE TERMS, THE DEER’S EMBROIDERY LEGACY IS UNWILLING TO GRANT YOU THIS LICENSE. YOU ALSO ACKNOWLEDGE THAT THIS AGREEMENT IS THE ONLY AGREEMENT BETWEEN YOU AND THE DEER’S EMBROIDERY LEGACY REGARDING THE DESIGN FILES.

1. LICENSE AND SCOPE. The Design Files are licensed, not sold, to you. You have a nonexclusive, nontransferable, limited license to use the Design Files. THIS LICENSE IS LIMITED TO YOUR OWN PERSONAL, INTERNAL USE ONLY. You agree that you will not distribute or otherwise provide the Design Files to any third party. You further agree to keep confidential and use your best efforts to prevent and protect the Design Files from unauthorized disclosure or use, including, but not limited to taking necessary steps to prevent use of the Design Files by individuals not specifically licensed to use the Design Files under this Agreement. Digitizingmadeeasy.com reserves all rights, title and interest to the Design Files not expressly granted to you under this Agreement.

2. RESTRICTIONS:. You are not permitted to sell, rent, lease, lend or otherwise transfer the Design Files on a permanent or temporary basis without the written consent of The Deer’s Embroidery Legacy. You are not permitted, nor can you allow any third party, to remove any proprietary notices, labels or trademarks on the Design Files. You are not permitted, nor can you allow any third party, to use The Deer’s Embroidery Legacy or The Deer’s Embroidery Legacy suppliers’ names, logos, or trademarks in any manner including, without limitation, in your advertising or marketing materials, except to the minimum extent necessary to affix the appropriate copyright or other proprietary notices, if applicable. You may not sublicense the Design Files, or assign, delegate or otherwise transfer this license or any of the related rights or obligations for any reason. Any attempt to make any such sublicense, assignment, delegation or other transfer by you shall be void and shall void your rights to use the license granted by this Agreement.

3. OWNERSHIP & COPYRIGHT: All title, ownership rights, and intellectual property rights in and to the Design Files and any copies thereof are vested in and shall remain in The Deer’s Embroidery Legacy and/or its suppliers. You agree that you neither own nor hereby acquire any claim or right of ownership to the Design Files or to any related patents, copyrights, trademarks or other intellectual property. This license is not on sale of the original or any subsequent copy. The Design Files are protected by the copyright laws and other intellectual property laws of the United States and international treaties. You may not copy the Design Files, except to transfer the embroidery file to your embroidery machine. You may also make one copy of a Design File for back-up or archival purposes only.

4. PRODUCTS CREATED FROM DESIGN: The Deer’s Embroidery Legacy grants the purchaser to unlimited use of its designs for personal home use. The purchaser is also permitted to produce and sell up to 50 embroidered items for profit. For embroidering and selling more than 50 embroidered items, contacting [email protected] you may purchase a specified Commercial License.You acknowledge that copyright laws, trademark laws, and other intellectual property laws may prevent the use of any products created with the Design Files if such products copy, imitate, mimic, emulate, approximate, depict or otherwise infringe on designs, images, or other protected works in the United States or other countries. You acknowledge and agree that it is your responsibility to ensure that products created with the Design Files – particularly products intended for sale and distribution – do not infringe on the intellectual property rights of third parties not associated with The Deer’s Embroidery Legacy and its suppliers.

5. TERM AND TERMINATION: The license is effective until terminated. You may terminate this license at any time by deleting all of the downloaded Design Files. This license automatically terminates if you fail to comply with its terms and conditions. You agree that, upon such termination, you will destroy (or permanently erase) all copies of the Design Files. The Deer’s Embroidery Legacy may terminate this license at any time by providing notice by fax, email, or letter and refunding the purchase price of the design.

6. NO WARRANTY: TO THE MAXIMUM EXTENT PROVIDED UNDER APPLICABLE LAW, THE DESIGN FILES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Such jurisdictions give you specific legal rights and you may also have other rights, which vary, from jurisdiction to jurisdiction.

7. LIMITATION OF REMEDIES AND LIABILITIES: TO THE MAXIMUM EXTENT PROVIDED UNDER APPLICABLE LAW, IN NO EVENT WILL THE DEER’S EMBROIDERY LEGACY OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE NATURE OF THE CLAIM, EVEN IF THE DEER’S EMBROIDERY LEGACY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PROVIDED UNDER APPLICABLE LAW, THE DEER’S EMBROIDERY LEGACY TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO THE DEER’S EMBROIDERY LEGACY UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO LIABILITY. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.
Some jurisdictions do not allow the exclusion or limitations of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

8. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND: The Design Files are a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth therein.

9. LICENSEE INDEMNIFICATION: You agree that you shall indemnify and hold The Deer’s Embroidery Legacy, and its officers, directors, employees, and suppliers (each an “The Deer’s Embroidery Legacy Indemnitee”) harmless from any and all liabilities, losses, costs, damages and expenses, including, without limitation, reasonable attorneys’ fees, that an The Deer’s Embroidery Legacy Indemnitee suffers or incurs in connection with any claim, action, demand, or other legal action brought by a third party arising from or relating to: (i) any breach by you of this Agreement; or (ii) any claims related to products created by you in connection with your use of the Design Files.

10. VIRUSES: In the extremely unlikely event your design download from The Deer’s Embroidery Legacy contains a virus, The Deer’s Embroidery Legacy agrees to either replace the affected design or refund the purchase price associated with the affected design. The Deer’s Embroidery Legacy liability is limited to replacement or refund of only the virus-infected design downloaded from The Deer’s Embroidery Legacy and does not include any costs associated with repairing or replacing any computer components, hardware, additional software, computer files or any other costs associated with repairing, replacing or removing virus-infected files from your computer. The Deer’s Embroidery Legacy will cover this liability only if the virus resulted through no fault of your own from purchases made through The Deer’s Embroidery Legacy while using our secure server.

11. GENERAL PROVISIONS The Deer’s Embroidery Legacy may freely assign this Agreement, or delegate its obligations under this Agreement, in whole or in part, to any third party. This Agreement will be governed by the laws of the Province of Ontario without regard to conflicts of law principles that would require the application of the laws of any other jurisdiction. THE PROVISIONS OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT WILL NOT APPLY TO THIS AGREEMENT. The Parties’ rights and remedies under this Agreement are cumulative. If any legal action is brought to enforce this Agreement, the prevailing party will be entitled to receive its reasonable attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive. All waivers must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. The section headings used in this Agreement are for convenience and are not to be used in interpreting this Agreement. As used in this Agreement, the word “including” means “including, but not limited to.” This Agreement constitutes the complete and entire agreement between the Parties regarding the subject hereof and supercedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. This Agreement may be amended only by a written document signed by both Parties. The terms of any e-mail, purchase order, order confirmation, receipt or download confirmation, or similar document submitted by you to The Deer’s Embroidery Legacy will have no effect.

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Design Doodler Copyright Notice

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PULSE MICROSYSTEMS LTD.
END USER LICENSE AGREEMENT

IMPORTANT: THIS IS A LICENSE, NOT A SALE

Unless otherwise provided for in this EULA and unless you have a written agreement with Pulse providing for additional Use, the below agreement gives you permission to install and Use one (1) copy of this Software on one (1) computer or electronic device at any given time as set out in more detail below.

IMPORTANT NOTICE: PLEASE READ THIS END-USER LICENSE AGREEMENT (EULA) CAREFULLY. BY DOWNLOADING, ACCESSING, INSTALLING OR USING THE SOFTWARE AND DOCUMENTATION (collectively “SOFTWARE”) YOU AGREE TO THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT DOWNLOAD, INSTALL, ACCESS OR USE THE SOFTWARE. THIS EULA CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY AND EXCLUSIVE REMEDIES. THE PROVISIONS BELOW FORM THE ESSENTIAL BASIS OF OUR AGREEMENT. THE CURRENTLY APPLICABLE VERSION OF THIS EULA IS LOCATED AT: HTTPS://WWW.PULSEMICRO.COM/EULA.

1. This EULA is a legal agreement between You and Pulse Microsystems Ltd., 7125 Mississauga Rd #402, Mississauga, Ontario, L5N 0C2, Canada (“Pulse”, “Us”, “We”, or “Our”) regarding Your use of the Pulse’s Software. Unless You have another written agreement with Pulse regarding this Software, Your use of this Software is governed by this EULA.
2. IF YOU AGREE TO THIS EULA, YOU ARE GRANTED A LIMITED, PERSONAL, WORLDWIDE, NON-ASSIGNABLE (EXCEPT AS PROVIDED BELOW), NON-SUBLICENSEABLE, NON-TRANSFERABLE (EXCEPT AS PROVIDED BELOW) AND NON-EXCLUSIVE LICENSE FOR AGREED REMUNERATION TO USE THE SOFTWARE, WHICH MAY BE LIMITED IN TIME AS SET FORTH BELOW. UNLESS HEREINAFTER AGREED OTHERWISE, YOU ARE PERMITTED TO USE ONE (1) COPY OF THE SOFTWARE FOR YOUR (A) PRIVATE, NON-COMMERCIAL PURPOSES AS A PRIVATE USER, AND/OR (B) COMMERCIAL PURPOSES IN A COMMERCIAL BUSINESS (“BUSINESS USER”). THIS SOFTWARE IS LICENSED PER HOUSEHOLD OR PER SINGLE ADDRESS (“ADDRESS”). EXCEPT FOR THE PULSE PRODUCTS AND / OR COUNTRIES LISTED BELOW, YOU MAY ONLY DOWNLOAD AND INSTALL THE SOFTWARE ON ONE COMPUTING DEVICE. YOU MAY NOT RE-INSTALL THE SOFTWARE ON A SECOND COMPUTING DEVICE UNLESS THE ORIGINAL COMPUTING DEVICE FAILS OR THE SOFTWARE IS COMPLETELY DELETED FROM THE ORIGINAL COMPUTING DEVICE. IF AUTHORIZATION CODES ARE REQUIRED YOU MAY NEED TO CONTACT PULSE’S CUSTOMER SERVICE AND REQUEST APPROVAL TO RE-INSTALL THE SOFTWARE ON A NEW COMPUTING DEVICE, AND PROVE TO PULSE THAT YOU DE-INSTALLED THE SOFTWARE FROM THE FAILED RESPECTIVELY ORIGINAL COMPUTING DEVICE. IF YOU HAVE PURCHASED MULTIPLE LICENSES FOR THE SOFTWARE, AT ANY TIME YOU MAY HAVE AS MANY COPIES OF THE SOFTWARE IN USE AS YOU HAVE LICENSES.
3. Except in the case of pre-commercial release or beta software or evaluation software (each of which is described below), which is non-transferable, You may transfer the Software to another party only if you have received the express written consent of Pulse or its authorized agent, which consent may be subject to the payment of a service fee, and thereafter assign all of your rights under this EULA, cease all use of the Software, erase or destroy any copy (including the hard disk copy) made in support of your use of the Software, and ensure that the party to whom you wish to transfer the Software agrees to the terms of this EULA.

THIS SOFTWARE IS PROVIDED WITH SECURITY PROTECTION WHICH REQUIRES USE OF A SECURITY DEVICE OR OTHER MECHANISM FROM LICENSOR TO RUN THE SOFTWARE. ANY ATTEMPT TO DEFEAT OR AVOID THE SECURITY DEVICE OR MECHANISM TO ALLOW OPERATION OF THE SOFTWARE, OR A BACKUP COPY THEREOF, WITHOUT THE SECURITY DEVICE OR MECHANISM IS STRICTLY FORBIDDEN, CONSTITUTES A MATERIAL BREACH OF THIS LICENSE AGREEMENT AND SHALL RESULT IN TERMINATION OF YOUR LICENSE TO USE THE SOFTWARE.

LICENSE TO USE THE SOFTWARE. You receive a usage right (license) to the Software but you will not own the Software itself. This EULA does not allow to install the Software on a hardware partition, blade, or terminal server, or in any other virtualization environment (collectively “Virtualization Environment”). You may not allow the Software to be accessed, operated or viewed from or installed or uploaded to other computers through a network connection. A separate license agreement must be entered into with Pulse to obtain the right to use the Software for a Virtualization Environment, network connections or volume purchases. You agree that if the Software requires mandatory registration, activation or email validation, You will complete the process providing Pulse with accurate information. Your technical ability to use the Software is suspended until You complete the activation and/or registration process. The Software may include embroidery designs, digital images, stock photographs, clip art, fonts or other works protected by copyright (“Stock Files”). The responsibilities and restrictions relating to the Software apply to the Stock Files. Pulse reserves all rights not expressly granted to You in this EULA. BUSINESS USERS: If You are a business, You agree to maintain records, systems and/or procedures that accurately record the number of copies of the Software that have been acquired and installed on Your Computers and keep the records for two (2) years from the date Your license to use the Software ends. Pulse or an agent of Pulse may conduct an audit (remotely or at Your facility) of records and systems from Your business to verify that Your installation of the Software conforms with a valid license from Pulse and with the terms and conditions of this EULA. You are obliged to support Pulse’s audit to the best of Your abilities. Pulse will not conduct more than one (1) audit per year. Pulse will respect Your legitimate interests, the protection of confidential information and applicable law. If You substantiate legitimate confidentiality interests, Pulse shall be obliged to have the audit done by an independent auditor being subject to strict confidentiality obligations. If the audit results find that Your use does not conform to a valid license, then You will immediately obtain a valid license for the Software; in such case Pulse reserves the right to claim reimbursement of the audit costs from You.
ADDITIONAL TERMS APPLICABLE TO SOFTWARE PURCHASED OUTSIDE OF THE EUROPEAN ECONOMIC AREA: If You are located in a state outside the European Economic Area (consisting of the member states of the European Union as well as Iceland, Liechtenstein and Norway) where you also want to purchase and use the Software, the following shall apply: You must lawfully acquire the Software from Our authorized resellers. Otherwise You do not have the right to use the Software. For the avoidance of doubt, You may only purchase the Software from Pulse or Pulse’s authorized agent or distributor that is located in the country where you want to deploy the Software.
ADDITIONAL TERMS APPLICABLE TO SOFTWARE PURCHASED IN THE REPUBLIC OF INDIA: If You are located in the Republic of India where you also want to purchase and use the Software, the following shall apply: You must lawfully acquire the Software from Our authorized resellers. Otherwise You do not have the right to use the Software. For the avoidance of doubt, You may only purchase the Software from Pulse or Pulse’s authorized agent or distributor that is located in the Republic of India’s current list of Pulse’s authorized resellers in India is accessible at https://www.pulsemicro.com
YOUR RESPONSIBILITIES WHILE USING THE SOFTWARE. With regard to Your Use of the Software under this EULA, You have certain responsibilities. The Software may include product activation and other technology designed to prevent unauthorized use and copying. You may not sell, rent, lease, resell or loan the Software. In deviation thereof, you are explicitly free to sell or resell the Software if the Software has been placed on either the European Union or European Economic Area market with Pulse’s express written consent or that of Pulse’s authorized agent. Regarding Software acquired by download this is the case only if all of the following conditions are met:
1. Previously the Software was lawfully traded by Pulse itself or with the approval of Pulse. This is the case only when Pulse has given its approval to download a copy of the Software in return for payment of a fee designed to enable Pulse to obtain a remuneration corresponding to the economic value of the copy of the Software.
2. You make each individual copy useless in case of resale.
3. You grant the purchaser the information necessary to determine the extent of proper use.

Should you not be the lawful first buyer of (the rights to) the Software, but rather have purchased used Software you are only entitled to use the Software to the extent you have lawfully acquired the Software. Your rights to the Software are defined and restricted by the terms and conditions of this EULA.

If You purchase the Software as a gift to a third person, the third person must accept the terms of this EULA before using the Software. You may not reverse engineer, decompile or disassemble the Software. While We own Our Software, You own and are responsible for the content (“Content”) that You create or have created for You resulting from the use of Our Software (including any add-ons or plug-ins to Our Software that You create or have created for You). You agree that, in connection with Your use of the Software, You are responsible for the direct and/or indirect consequences of any of the (a) Content You create and (b) third party photos or images that You use or modify in creating Your Content, especially in situations where You share Your Content with family, friends, clients and/or third parties such as members of social networking sites (e.g., Facebook, Flickr, LinkedIn, etc.). Pulse can neither monitor nor control what third party social networking sites or the members or users of such sites do with Your content You share. You are responsible for independently verifying the accuracy and completeness of Your Content (e.g. any embroidery designs, embroidery renderings, technical illustrations or diagrams for operation guides or other materials You create and/or modify using Our Software). You may not modify or create derivative works based upon the Software. You represent and warrant to Us that You will comply with all applicable laws and regulations impacting Your use of the Software including data protection and privacy laws. You agree that You will not use the Software in a way that is unlawful or that violates the rights of a third party. If We get sued or a claim is brought against Us by a third party due to (a) Your negligent actions, (b) Your failure to act when required, or (c) Your illegal content, then You agree to fully defend, indemnify and hold Pulse harmless from all damages, losses, and otherwise in connection with such suit or claim.

UPDATES. As part of the Software installation process, You must first consent to the installation of the Software onto your device. By providing Your consent to the initial Software installation, You also consent that Pulse may, from time to time, download and install any and all future Software updates, bug fixes, feature enhancements or improvements (“Updates”) automatically without Your further and separate consent. In some instances, You may have the option to decline the Update. If the Update is not installed, You may not receive full benefit of the Software or the Software may not perform properly. Pulse has no obligation to provide any support to the Software without the installation of such Updates. Updates are made available at Pulse’s sole discretion.
USER GENERATED FEEDBACK. You have no obligation to provide Pulse with ideas, suggestions, documentations and/or proposals (“Feedback”). However, if you submit Feedback to Pulse, while you retain ownership of such Feedback, you hereby grant Pulse a nonexclusive, royalty-free, perpetual, irrevocable, transferable, worldwide, unlimited license under all of your Intellectual Property Rights to use and otherwise exploit your Feedback for any purpose. Further, by submitting Feedback, you represent and warrant that (i) your Feedback does not contain the confidential or proprietary information of you or of third parties; (ii) Pulse is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) Pulse may have something similar to the Feedback already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from Pulse for the Feedback under any circumstances.

OUR INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY. The Software is protected by Canadian and United States Intellectual Property laws, German and international intellectual property laws and treaty provisions. Therefore, You may not distribute the Software without Our permission unless otherwise provided for in this EULA or by law. If You purchase or download the Software in China, India, Indonesia or Vietnam, You may not copy the Software or printed materials accompanying the Software for any purpose. If You purchase or download the Software in a country not specifically prohibited under this EULA, You may (in addition to the usage copies mentioned above) only make one (1) copy of the Software or You may keep one (1) copy of the Software on a single device for backup or archival purposes. For backup or archival purposes only, You may either make only one (1) copy of the Software and the Printed Materials or print one copy of any user documentation if You downloaded the Software or You may keep one (1) copy the Software and printed materials (or User Documentation) on a single device. Unless otherwise permitted by mandatory law, You may not copy the Software or the printed materials accompanying the Software (or print copies of any user documentation if You downloaded the Software). You agree that Pulse, the Pulse logos, and other Pulse trademarks, service marks, and graphics are trademarks of Pulse (some in the United States and/or other countries) or are trademarks of Pulse’s partners (“Marks”). You are not granted a right to use Marks without the owner’s permission, unless permitted by mandatory law. You will not remove, obscure or alter any proprietary notices affixed to or contained within the Software. You understand and agree that We have the right to stop selling, distributing, servicing or updating the Software (or any part of it) and services or offerings at any time. By accepting this license, you expressly acknowledge, accept and agree that the Product including, without limitation, its data processing algorithms, innovations, concepts, and look and feel is proprietary in nature, and that the Product contains valuable confidential information developed or acquired at great expense and through extensive efforts by Pulse. You will not disclose to others or utilize such trade secrets or proprietary information except as provided herein. You agree to protect the Product from unauthorized copying, use or disclosure and to inform anyone having access to the Product of its confidential and proprietary nature and to obligate any such persons to the same obligations that you have hereunder. You further agree to provide Pulse with the name of any person or legal entity having access to unauthorized copy(s). This obligation shall survive the termination of this License.

USAGE TRACKING, AUDITING, PIRACY AND OUR PRIVACY POLICY. Our audit and collection of any of Your data and Your use of the Software is subject to Pulse’s Privacy Policy (https://www.pulsemicro.com/privacy). We may audit Your software usage for anti-piracy purposes, to verify a valid registration, and to identify if new Updates are available for Your Computer prior to sending You a notice to install a new Software Update. You consent to the Software sending such usage data (e.g., the number of instances the Software is launched, the device IP address, the Software serial number or security key number, menu items chosen, and/or the version of the Software) for registration, authentication, use and anti-piracy auditing and enforcement purposes as described herein and in Pulse’s Privacy Policy.
PRE-COMMERCIAL RELEASE OR BETA SOFTWARE. If the Software You have received or are accessing with this EULA is a pre-commercial release or a beta version and you have agreed to receive a pre-commercial release or beta version, then You understand the Software is a pre-release, non-commercial version and does not represent a final product of Pulse. The Software may contain bugs, errors and other problems that could cause computer system failures and data loss. THEREFORE, ALL PRE-RELEASE OR BETA SOFTWARE IS PROVIDED ON AN “AS-IS” BASIS. RESTRICTIONS OF LIABILITY APPLY AS STIPULATED BELOW.
EVALUATION SOFTWARE. If the Software is identified as a demonstration, evaluation or trial version (“Evaluation Version”) in the applicable user documentation You may install and access one (1) copy of the Software only for the purpose of evaluation and/or demonstration. Unless You are authorized by Pulse, You may not use Our Software for competitive analysis or commercial, professional, or other for-profit purposes. You understand that at the end of the evaluation period, You must either stop using the Software or pay for the Software to continue using it. If You fail to pay for it, then Your license terminates. Upon expiration of the evaluation period, You will immediately discontinue use of the Evaluation Version and delete and destroy all electronic copies of the Evaluation Version including, but not limited to, all user documentation that may have been provided as part of the evaluation from Your computer and any other computer devices on which You have installed the Evaluation Version. Any attempt to circumvent any expiration date technology is in violation of this EULA and will automatically and immediately terminate Your license to use the Evaluation Version.

LIMITED AND RESTRICTED WARRANTY (COUNTRIES OTHER THAN THOSE LISTED SEPARATELY HEREIN UNDER “ADDITIONAL EULA TERMS”). If You purchased the Software on a computer disc or other physical medium, then Pulse warrants that the media on which Software is furnished will be free of defects in materials and workmanship under normal use for a period of ninety (90) days from the date You purchased the Software. The Software when properly installed and under normal use will substantially conform to the features and functionality as set forth in the documentation accompanying the Software; however, the Software may contain immaterial bugs and errors. Therefore, the Software – as the case may be in deviation of applicable statutory law – is provided on the basis that remedies regarding such immaterial bugs and errors will only be provided from time to time by bug fixes. This warranty is not valid for purchaser of used Software. IF THE DISC IS DEFECTIVE, THEN PULSE’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL BE REPLACEMENT OF THE DEFECTIVE COMPUTER DISC IF YOU RETURN THE DEFECTIVE DISC TO US WITH A COPY OF YOUR RECEIPT. Your right to a replacement of the Software is void if the damage to the disc is a result of accident, abuse or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period. YOU ASSUME ALL RESPONSIBILITIES FOR CHOOSING, INSTALLING, AND USING THE SOFTWARE. UNLESS OTHERWISE PROVIDED FOR REGARDING SPECIFIC COUNTRIES AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PULSE DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. SOME PROVINCES, STATES OR COUNTRIES DO NOT ALLOW THE WARRANTY EXCLUSION OR LIMITATIONS; THE ABOVE LIMITATION MAY NOT APPLY TO YOU. In such instances, Pulse may remedy substantial defects of the Software at its reasonable discretion by (a) providing a patch, Update or replacement of the Software, or (b) asking for return of the Software and cancelling this EULA. You are entitled to a reduction of the purchase price or a rescission of this EULA only if Pulse has repeatedly failed to remedy the defect after a reasonable period of time. If You are a consumer, Your claims under this clause are time-barred in twenty-four (24) months from receipt of Software; if You are a business, Your claims under this clause are time-barred in twelve (12) months. If You alter the Software in any way without being authorized by Pulse, Pulse will not remedy defects caused by such alteration and You are liable for any damages incurred by Pulse due to Your unauthorized alteration. IF YOU INSTALL PRE-RELEASE VERSION PRODUCTS MARKED AS SUCH, YOU DO SO AT YOUR OWN RISK. Pre-release version products are to be used only for test purposes in testing environments and must not be used for production purposes. To make a warranty claim You must provide a detailed error description to Pulse Customer Service or, at Pulse’s request, return the Software along with any return materials authorization information provided to You by Pulse, at Pulse’s expense, to Pulse Microsystems Ltd., 7125 Mississauga Rd #402, Mississauga, Ontario, L5N 0C2, Canada. For further warranty information, please contact Pulse’s Customer Service at https://www.pulsemicro.com/contact.

THE SOFTWARE MAY CONTAIN “OPEN SOURCE” MATERIALS (E.G., ANY SOFTWARE SUBJECT TO OPEN SOURCE, COPYLEFT, GNU GENERAL PUBLIC LICENSE, LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL PUBLIC LICENSE, MOZILLA LICENSE, BERKELEY SOFTWARE DISTRIBUTION LICENSE, OPEN SOURCE INITIATIVE LICENSE, MIT, APACHE OR PUBLIC DOMAIN LICENSES, OR SIMILAR LICENSE). PULSE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO OPEN SOURCE MATERIALS CONTAINED IN THE SOFTWARE AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR SUCH SOFTWARE.

THESE EULA’S PROVISIONS ON RESTRICTION OF LIABILITY SHALL APPLY:

INDIRECT AND CONSEQUENTIAL DAMAGES – COUNTRIES OTHER THAN THOSE LISTED SEPARATELY HEREIN UNDER “ADDITIONAL EULA TERMS” (NOT APPLICABLE FOR CUSTOMERS IN GERMANY)

NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PULSE OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PULSE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME PROVINCES, STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

RESTRICTIONS OF LIABILITY REGARDING CUSTOMERS IN GERMANY

1. 1. Pulse is liable for damages based on an intentional or grossly negligent breach of duty or malice by Pulse, its legal representatives or persons whom it uses to perform its obligations. Insofar as Pulse is liable for malice, compensation for damages of commercial customers is limited to the foreseeable, typically arising damages.
  2. Further, Pulse is also liable for damages that are caused by simple negligence if the negligence concerns the breach of such contractual obligations the fulfillment of which is of particular importance to achieving the purpose of the contract and in which You may therefore regularly trust (cardinal obligation; Kardinalpflicht). In this case, liability is limited to the foreseeable, typically arising damages.
  3. In addition, Pulse has unlimited liability for damage to life, limb, and health for which it is responsible, which are caused by negligent or intentional breach of duty. Pulse also assumes liability to the extent it has provided a guaranty as to quality or durability within the context of this guarantee.
  4. Further contractual or statutory liability is – to the extent legally permitted – excluded without regard to the legal status of the claim asserted.
  5. Where Pulse’s liability is excluded or limited, this also applies to the personal liability of its employees, representatives and persons whom it uses to perform its obligations as well as Pulse’s responsibility for their behavior.

U.S. GOVERNMENT-RESTRICTED RIGHTS. The Software and any accompanying documentation are “commercial computer software” and “commercial computer software documentation,” under DFAR Section 227.7202 and FAR Section 12.212. Any use, modification, reproduction release, performance, display or disclosure of the Software and accompanying documentation by the U.S. government will be governed solely by the terms of this EULA and will be prohibited except to the extent expressly permitted by the terms of this EULA.

1. EXPORT RESTRICTIONS. You may not download, distribute, export, re-export, or redistribute the Software, including any Pulse shareware product, (a) into, or to a national or resident of any country to which Canada or the United States has embargoed goods, or (b) to anyone on Canada’s Area Control List or the United States Treasury Department’s list of ‘Specially Designated’ nationals or the United States Commerce Department’s ‘Table of Deny Orders’. By downloading or using the Software, You are representing and warranting that You are not located in, under the control of, or a national or resident of any such country or on any such list. Except pursuant to an express, written, fully-executed agreement with Pulse, You may not purchase a license to use the Software for the purpose of exporting it to an US-embargoed country, nor may You retain the services of a third party to purchase a license to use the Software if in doing so You will require such third party to send (via any means, electronic or otherwise) the Software to You in an Canadian or US-embargoed country.

GENERAL

1. 1. This EULA is the entire agreement between You and Pulse and supersedes any other communications or advertisements with respect to the Software and documentation. The Software, or any feature or part thereof, may not be available in all languages or in all countries.
  2. If and to the extent any provision of this EULA is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable but only to the extent of its illegality, invalidity, or unenforceability. No term or provision in this EULA will be considered waived, and no breach excused, unless such waiver is in writing signed on behalf of the party against whom the waiver is asserted. No waiver (whether express or implied) will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach. No modifications or amendments to this EULA will be binding upon Pulse unless made in writing and duly executed by You and an authorized representative of Pulse.
  3. Some Pulse Software versions may not be compatible with various computer operating systems and Pulse may not release Updates (particularly Updates establishing compatibility). Your Software may not be compatible with computer operating systems that You may purchase now or in the future. You understand that Pulse Software may be incorporated into, and may incorporate itself into, software and other technology owned and controlled by third parties. This EULA remains effective with such incorporation. Any and all other third party software or technology that may be distributed together with the Pulse Software (as bundled third party software) may be subject to You explicitly accepting a license agreement with that third party. Pulse’s licensors shall be a direct and intended third party beneficiary of this EULA.

APPLICABLE LAW

1. 1. This EULA specifically excludes the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such ‘Convention’, if otherwise applicable. Except as expressly set forth herein to the extent permitted by applicable law, this EULA shall not prejudice the non-excludable, statutory rights of any party dealing as a consumer.

FOR USERS IN THE US

If You purchased or downloaded the Software in the United States then this EULA is governed by the laws of the United States and the State of Delaware, without reference to conflict of laws principles. Any dispute between You and Pulse regarding this EULA will be subject to the exclusive venue of the state and federal courts in the State of Delaware.

FOR USERS IN CANADA

If You acquired the Software in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada without reference to conflict of laws principles; and any dispute between You and Pulse regarding this EULA will be subject to the exclusive jurisdiction of the federal and provincial courts sitting in Toronto, Ontario.

FOR USERS IN THE EUROPEAN UNION, ICELAND, NORWAY AND SWITZERLAND

If You acquired the Software in the European Union, Iceland, Norway or Switzerland, then local law applies.

ADDITIONAL EULA TERMS

1. ADDITIONAL TERMS APPLICABLE TO FIXED TERM LICENSES: Subject to the terms and conditions of this EULA, in the instance of a fixed term license, the license to use the Software begins on date of purchase and shall be for the duration identified by Pulse. Use of the software before or beyond the applicable fixed term, or any attempt to defeat the time-control disabling function in the Software, is an unauthorized use and constitutes a material breach of this EULA and applicable law.
2. ADDITIONAL TERMS APPLICABLE TO USERS OF SOFTWARE LOCATED IN GERMANY OR AUSTRIA: If You obtained the Software in Germany or Austria, then mandatory German and Austrian product liability and other consumer protection laws concerning remedies for defective goods shall apply and govern any inconsistencies between such laws and the provisions of this EULA set forth above.
  1. Regarding WARRANTY the following shall apply: The Software when properly installed and under normal use will substantially conform to the features and functionality as set forth in the documentation accompanying the Software. However, the Software may contain immaterial bugs and errors. Therefore, the Software – as the case may be in deviation of applicable statutory law – is provided on the basis that remedies regarding such immaterial bugs and errors will only be provided from time to time by bug fixes.
  2. Regarding LIABILITY the provisions under RESTRICTIONS OF LIABILITY REGARDING CUSTOMERS IN GERMANY shall apply.
ADDITIONAL TERMS APPLICABLE TO USERS OF HARDWARE OR SOFTWARE LOCATED IN THE UNITED KINGDOM: If (a) You are acting as a consumer and the United Kingdom is Your legal residence; (b) You entered into this EULA in the United Kingdom; and (c) You have obtained the Software in the United Kingdom (a “Consumer”), then the limitation of liability and warranty provisions set forth in applicable consumer protection and warranty laws of the United Kingdom shall apply and govern any inconsistencies between such laws and the provisions of this EULA set forth above.
ADDITIONAL TERMS APPLICABLE TO USERS OF HARDWARE OR SOFTWARE LOCATED IN AUSTRALIA:
1. Limited Warranty (Australian Consumers Only):
  1. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for “major failure” and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.
  2. The term “major failure” is defined in the Australian Consumer Law and includes but is not limited to where the goods are substantially unfit for purpose and cannot easily and within a reasonable time be remedied to make them fit for such a purpose, or where the goods depart in one or more significant respects, if they were supplied by description – from that description.
  3. The warranty provided under this section is provided by Pulse Microsystems Ltd., 7125 Mississauga Road, Suite 402, Mississauga, Ontario, L5N 0C2, Canada.
  4. We warrant that the media on which Software is furnished will be free of defects in materials and workmanship under normal use for a period of ninety (90) days from the date You purchased the Software. The benefits provided by this express warranty are in addition to any other rights and remedies of the consumer under any law in relation to the goods or service to which the warranty relates.
  5. The Software when properly installed and under normal use will substantially conform to the features and functionality as set forth in the documentation accompanying the Software; however, the Software may contain normal bugs and errors. Bug fixes and Updates will be provided from time to time.
  6. If the media is defective, then, without limiting any other obligations at law, Pulse will replace the defective computer media if you return the defective media to us with a copy of your receipt. Any replacement Software will be warranted for the original warranty period covered by this section.
2. Exclusions (Australia Only)
  1. The warranty provided under this section does not cover defects or problems that arise due to You causing the Software to become of unacceptable quality, such as failure to take reasonable care or damage caused by abnormal use. Further, You assume all responsibilities for choosing, installing, and using the Software.
  2. Except as set out above, to the maximum extent permitted by applicable law, Pulse disclaims all other warranties, either express or implied, including but not limited to non-infringement with respect to the Software and the accompanying written materials.
  3. If You alter the Software in any way without being authorised by Pulse, Pulse will not remedy defects caused by such alteration and You are liable for any damages incurred by Pulse due to Your unauthorised alteration. If you install pre-release version products marked as such, you do so at your own risk. Pre-release version products are to be used only for test purposes in testing environments and must not be used for production purposes.
3. How To Claim Under The Warranty (Australia Only)
  1. For the warranty to be honoured, you must contact Pulse’s Customer Service centre https://www.pulsemicro.com/contact and seek a Return Merchandise Authorisation (RMA) number. More detailed RMA instructions together with shipping information and an RMA number will then be sent to you by email. You will be required to provide proof of purchase and bear the costs of returning the Software. The Software together with all related media and manuals must be returned to Pulse at the address provided in the emailed instructions. The Software must also be uninstalled from your computer and any storage devices and you must delete any backup copies. We will endeavour to process your claim within 10 working days from the date Pulse receives it. If we accept that the Software is defective, a replacement disc will be provided to you by mail.
4. Indirect And Consequential Loss- Australia
  1. TO THE EXTENT PERMITTED UNDER AUSTRALIAN LAW, PULSE SHALL HAVE NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PULSE OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER INDIRECT PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ADDITIONAL TERMS APPLICABLE TO USERS OF SOFTWARE CONTAINING SHAREWARE: Certain Software are shareware and as such are acquired without charge and can be used for a limited period of time for evaluation purposes and are subject to the particular end user license for such shareware.
ADDITIONAL TERMS APPLICABLE TO USERS OF EMBROIDERY DESIGNS, CLIPART, STOCK PHOTO IMAGES, FONTS AND SAMPLE CONTENT: Our Software may contain or provide access to embroidery designs, embroidery fonts, embroidery templates, embroidery styles, clipart, photo images, video content (collectively referred to as the “Content”), that are owned by Us, is open source technology, or licensed from a third-party. Except as required in the paragraph below or as specified within the Content, as a user of Our Software You are free to use, modify and publish the Content as follows: You may incorporate any Content into your own embroidery design to use for production by You on an embroidery machine for your own use or for resale, but YOU MAY NOT (i) resell, sublicense or otherwise make available the Content for use or distribution, except as a embroidery sewn product; (ii) provide the Content to third parties or permit the use of the Content by third parties separately or as part of any other product; (iii) use the Content for any other purpose which is prohibited by law; (iv) permit the use of the Content or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in Content or any part thereof; (v) use any of the Content which contain identifiable individuals or entities for any commercial purpose including, without limitation, in a manner which suggests their association with or endorsement of any product or service; (vi) use the Content in electronic format, on-line or in multimedia applications unless the Content is incorporated for viewing purposes only and no permission is given by You for third-parties to download and/or save the Content for any reason; (vii) rent, lease, sublicense or lend the Content, or any copies thereof, to another person or legal entity; (viii) use any Content presented in any software splash screens, welcome screens, product packaging and/or marketing collateral; or (ix) use any Content except as expressly permitted by this EULA. You may, however, transfer all Your rights under this EULA to use the Content to another person or legal entity, provided that (i) You transfer the Software, including the Content, and this EULA, including all copies (except copies incorporated into Your work product as permitted under this EULA), to such person or entity, (ii) You retain no copies, including copies stored on a computer or other storage device, and (iii) the receiving party agrees to be bound by the terms and conditions of this EULA, unamended.

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