5
Terms of Use
BY INSTALLING, DOWNLOADING,
ACCESSING OR OTHERWISE USING
THE SOFTWARE, YOU AGREE TO BE
BOUND BY THE TERMS OF THIS
AGREEMENT. YOU MAY ONLY USE
THE SOFTWARE IN CONNECTION
WITH THE COMPANY PRODUCT
This Terms of Use (“Agreement”) is a legal agreement that
governs your use of any Software, installed on or made
available by Tacony Corporation d/b/a Baby Lock
(“Company”) for use with the machine (including sewing,
embroidery or craft products, collectively “Company
Product”). The term of “Software” means any and all contents
data (including without limitation design and embroidery
data, collectively “Content”), data format, firmware, and PC
application and/or mobile device application, including all of
the documentation and associated media related the
foregoing, used in connection with any Company Product.
This Agreement is a legally binding agreement that can be
enforced by Company and/or the licensor(s) of the Software
(the “Licensor”).
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,
you do not have the right to use the Software. Amendments
and supplements to this Agreement may be made by
Company and attached to the Software or otherwise made
available to you.
An individual who accepts this Agreement on behalf of an
entity represents to Company and Licensor 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, you are hereby
granted 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. Subject to the limited rights set
forth in Clause 1.1, Company and/or Licensor
retain all right, title, and interest relating to
Software, including without limitation all
intellectual property rights relating thereto. This
Agreement does not grant you or any person or
entity any rights in connection with any
trademarks or service marks of the Company,
Licensor or the Software.
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
(which includes, for purposes of this
Clause 2, Content created by using
Company Product or any contents
editing application software:);
2.1.2 not to create derivative works based on
the whole or any part of the Software,
but excluding, Your Content set forth in
Clause 7.2;
2.1.3 not to distribute, provide or make
available the Software in any form, in
whole or in part to any person;
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 or its licensor’
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/embroidery
products or software) other than as
provided under Clause 1 of this
Agreement.
3
No warranty
3.1
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 AND
LICENSOR SPECIFICALLY DISCLAIM ANY
IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, SATISFACTORY
QUALITY, NON-INFRINGEMENT AND/OR
FITNESS FOR A PARTICULAR PURPOSE. No
oral or written information or advice given by
the Company, its agents or employees pursuant
to this Agreement or otherwise shall create a
representation or warranty or in any way
increase the scope of the representations and
warranties set forth in this Agreement.
3.2
NEITHER COMPANY NOR LICENSOR
WARRANTS, GUARANTEES, OR MAKES ANY
REPRESENTATION REGARDING THE USE,
OR THE RESULTS OF THE USE, OF THE
SOFTWARE (AND ANY ASSOCIATED
INFORMATION, SOFTWARE, AND
MATERIALS) IN TERMS OF SUITABILITY,
ACCURACY, TIMELINESS, RELIABILITY,
COMPLETENESS, FUNCTIONALITY,
INTENDED PURPOSE, OR OTHERWISE.
NEITHER COMPANY NOR LICENSOR
REPRESENTS OR WARRANTS THAT THE
SOFTWARE WILL OPERATE ERROR-FREE,
UNINTERURUPTED, OR IN A MANNER
THAT WILL MEET YOUR REQUIREMENTS.
