Brother 893-Z05 Operation Manual Download

Page: 2 / 110

IMPORTANT-PLEASE READ CAREFULLY:

This Terms of Use (“Agreement”) is a legal agreement between Brother Industries, Ltd. (“Company”) and you
that governs your use of any Software, installed on or made available by Company for use with sewing or craft
products (“Company Product”). The term of “Software” means any and all contents data, design data, data
format, firmware of Company Product, and PC application or mobile device application.

By using the Software and Company Product, you shall be deemed to have agreed to be bound by the terms of
this Agreement. If you do not agree to the terms of this Agreement, Company is unwilling to license the Software
and you are not allowed to use the Software. Amendments and supplements to this Agreement may be attached
to the Software.

An individual who accepts this Agreement on behalf of an entity represents to Company that he or she has the
legal right to enter into a binding legal agreement for that entity.

Terms and Conditions

Grant of License.

1.1

Subject to this Agreement, Company hereby grants you a personal, non-exclusive, non-
transferable and revocable license to use the Software only within the Company Product.

1.2

Your right to use of the Software is licensed and not sold, and solely for your use subject to this
Agreement. Company or its suppliers retains all right, title, and interest relating to Software,
including without limitation all intellectual property rights relating thereto.

Restrictions

2.1

Except as expressly set out in this Agreement or as required by any local law, you shall undertake:
2.1.1 not to disassemble, de-compile, reverse engineer, translate or otherwise attempt to learn

the source code of the Software(including the data or contents created by using the
Company Product or contents editing application software; hereinafter the same shall
apply in this Clause 2.);

2.1.2 not to create derivative works based on the whole or any part of the Software;
2.1.3 not to distribute, provide or make available the Software in any form, in whole or in part

to any person without prior written consent from Company;

2.1.4 not to copy the Software, except where such copying is incidental to normal use of the

Software with Company Product or where it is necessary for the purpose of back-up or
operational security;

2.1.5 not to transfer, rent, lease, sub-license, loan, translate, merge, adapt, vary, alter or modify,

the whole or any part of the Software nor permit the Software or any part of it to be
combined with, or become incorporated in, any other programs;

2.1.6 to include Company’s copyright notice and this Agreement on all entire and partial copies

of the Software; and

2.1.7 not to use the Software for any purpose (including, but not limited to, use with

unauthorized sewing/craft products or software) other than as provided under Clause 1 of
this Agreement.

No warranty

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THIS SOFTWARE IS PROVIDED TO YOU
"AS IS" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER ORAL OR
WRITTEN, EXPRESS OR IMPLIED. COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-
INFRINGEMENT AND/OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of liability

4.1

COMPANY SHALL NOT BE LIABLE TO YOU, ITS END-USERS OR ANY OTHER ENTITY FOR
ANY LOSS OF PROFITS OR INCOME OR SAVINGS, LOSS OF DATA, INTERRUPTION OF USE,
OR CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR INDIRECT DAMAGES
INCURRED BY SUCH PARTY (WHETHER IN AN ACTION IN CONTRACT OR TORT), EVEN IF
COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT
OF OR RELATING TO THE SOFTWARE, SUPPORT SERVICE OR THIS AGREEMENT. THESE