Refer to the license details below. In summary, the license allows you to use the files on all the computers in one location. Also, you cannot sell, give, bundle, or otherwise distribute the patterns or the modifications that you have made to them or from them. For example, if you sell your machine, you cannot transfer the designs with the machine.
License For Automated Long-Arm Quilting Designs
NOTICE: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT.
PURCHASE AND/OR RECEIPT OF THESE DESIGNS CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DELETE ALL COPIES OF THE PRODUCT AND PRINTS AND PROMPTLY RETURN THIS PRODUCT AND THE ACCOMPANYING ITEMS (INCLUDING WRITTEN MATERIALS AND PACKAGING) ALONG WITH PROOF OF PAYMENT, TO THE LOCATION WHERE YOU OBTAINED THEM FOR A FULL REFUND.
1. OWNERSHIP. Forever In Stitches, LLC and/or its subsidiary companies ('FIS') shall license this design product to you only on the condition that you accept all of the terms contained in this License Agreement and Limited Warranty (this 'License'). This is a license, not a sale, and as the licensee, you own only the media on which the designs, files and other material are contained (the 'Work'). FIS and/or its licensors shall retain full and complete title to the Work, and all copies of the Work, regardless of the media or form on or in which the original disc(s) or other copies may exist, including copies which are made in violation of the terms of this License.
2. LICENSE GRANT. In consideration of payment of the license fee, which is a portion of the price you paid, FIS grants to you a non-exclusive license to use this copy of the Work for your personal or internal use on any computer at a single location. All rights not expressly granted to you are reserved to FIS and/or its licensors.
3. COPYRIGHT RESTRICTIONS. The Work and the accompanying printed materials are copyrighted. Copying or modification of the Work is prohibited unless specifically authorized in this License. You may be held liable for copyright infringement which results from such unauthorized copying or modification.
4. RESTRICTIONS ON USE. You may physically transfer the Work from one computer to another used at the one location.. You shall not, without the prior written consent of FIS (such consent to be granted or withheld for any reason at FIS's sole discretion): (i) adapt, modify, translate, reverse engineer, decompile, disassemble or make a derivative work of the Work or any part thereof, or make derivative works based on the printed materials which accompany the Work; (ii) copy the whole or any part of the Work or the accompanying printed materials, or distribute the same to others, except as necessary to install the Work in accordance with the terms of this Agreement and except such limited copying as may be permitted under applicable copyright law; (iii) reproduce, transfer, publish, distribute, commercially use or display, broadcast, telecommunicate, sell or sublicense all or any part of the Work or the accompanying printed materials; (iv) use all or any part of the Work for product development purposes, including but not limited to, the development and/or marketing of a database, infobase or other information resource for resale, reuse or sublicense; or (v) use or allow access to the Work via a network system or otherwise.
5. RESTRICTIONS ON TRANSFER. You shall not rent or lease the Work, but you may transfer your rights under this License on a permanent basis, provided you transfer the Work and the accompanying printed materials, retaining no copies. The transferee's use of the Work constitutes acceptance of the terms of this License.
6. TERMINATION. This License will automatically terminate if you fail to comply with any of its terms. No notice shall be required from FIS to affect such termination. Upon termination, all rights and licenses granted to you under this License shall terminate effective immediately, and you shall immediately destroy the Work, all copies thereof, and the accompanying printed materials, or return all of the same to FIS at your expense, and remove the Work or any portion thereof from any electronic equipment in your possession or under your control.
7. IMPLIED SKILL LEVEL. The purchase of and use of an automated long-arm system implies training and knowledge of how to use designs in the stitching of quilts. All patterns should be tested before any individual use to assure the pattern provides the desired results for the individual application when combined with the skill level of the operator.
8. LIMITED WARRANTY AND DISCLAIMER. FIS warrants that the media on which the Work is furnished will be free from defects in materials and Workmanship under normal use for ninety (90) days from the date of delivery to you by FIS or FIS's authorized representative or distributor. You must notify FIS of any defect(s) in the media within the ninety (90) day warranty period.
In the event you find any media to be defective during this ninety (90) day warranty period, FIS's entire liability and your exclusive remedy shall be, at FIS's option, either: ( i ) return of the amount paid by you for the Work; or (ii) replace the Works. This warranty shall not apply if damage to any media has been caused by negligence, accident, improper or unreasonable use, or by any other causes unrelated to defective materials or workmanship. Any replacement media shall be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
The complete risk as to the quality and performance of the Work is with you. Neither FIS, its affiliates nor any of their respective employees, agents or licensors warrant that the functions contained in the Work will meet your requirements or that the operation of the Work will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Work, or as to the accuracy, reliability or content of any information contained in the Work.
THE WORK AND THE ACCOMPANYING MATERIALS ARE PROVIDED ON AN 'AS IS' BASIS AND THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FIS, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY. THE DURATION OF ANY IMPLIED WARRANTY SHALL BE LIMITED TO THE DURATION OF THE LIMITED WARRANTIES SET FORTH HEREIN.
9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL FIS AND/OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR LOSS OF BUSINESS OR PROFITS, OR FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE WORK, EVEN IF FIS OR FIS'S AUTHORIZED REPRESENTATIVE WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY OTHER CLAIM BY YOU OR ANY OTHER PERSON.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE LENGTH OF AN IMPLIED WARRANTY OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY APPLICABLE JURISDICTION.
In the event any other claim relating to the performance or nonperformance by FIS pursuant to, or in any other way concerning this License or the Work provided under this License is made by you, the actual damages to which you may be entitled shall be limited to the amount paid by you for the Work.
10. EXPORT CONTROLS. You may not upload or otherwise export or re-export the
11. GOVERNING LAW. This License, including the Limited Warranty and Disclaimer are governed by the laws of the United States of America and the State of Indiana.
12. SEVERABILITY. If any provision of this License is held to be unenforceable, this License will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this License will immediately terminate.
13. All warranty matters or permission requests should be addressed to:
Forever In Stitches, LLC545 Hampton Manor CourtValparaiso Indiana 46385www.ForeverInStitches.comLicense@ForeverInStitches.comPhone 219.255.8085