File Transfer and License Agreement
Important Notice
This agreement applies to the download and use of computer files, applications, extensions, and components (collectively, "SUPPLIED FILES") posted in this Download Area or provided by e-commerce services.
THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU AND WIZARD PRODUCTIONS-SAN DIMAS (THE COMPANY) WHICH SPECIFIES THE LICENSE TERMS AND WARRANTY AND LIABILITY LIMITATIONS REGARDING YOUR USE OF DOWNLOADED FILES OR E-COMMERCE DELIVERY MADE AVAILABLE BY THE COMPANY THROUGH WWW.BUSYMOUSEANDNEEDLE.COM <http://WWW.BUSYMOUSEANDNEEDLE.COM> , WWW.WIZARD-PRODUCTIONS.COM <http://WWW.WIZARD-PRODUCTIONS.COM> OR WWW.WIZARD <http://WWW.WIZARD>PRODUCTIONS.NET .
THE COMPANY FILES MADEAVAILABLE ARE SUBJECT TO THE SPECIFIC LICENSE CONDITIONS OF THEIR RESPECTIVE AUTHORS, AND ARE ADDITIONALLY SUBJECT TO BOTH THE LIABILITY AND WARRANTY LIMITATIONS OF THIS LICENSE AGREEMENT. INSTALLATION OR USE OF THESE FILES INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR USE ANY OF THESE FILES.
Not Commercial Software
THE DOWNLOADED/ECOMMERCE FILES SUBJECT TO THIS AGREEMENT ARE NOT COMMERCIAL SOFTWARE UNLESS SPECIFIED IN THE UNIQUE USER AGREEMENT SUPPLIED WITH THE FILE(S). THEY ARE NOT COVERED BY ANY OTHER WARRANTY CONTAINED IN ANY OTHER LICENSE AGREEMENT BETWEEN YOU AND THE COMPANY. THE COMPANY HAS PERFORMED NO QUALITY ASSURANCE TESTING AND WILL NOT MAINTAIN AND SUPPORT ANY DOWNLOADED FILES UNLESS OTHERWISE EXPLICITLY INDICATED.
No Additional Licenses
This Agreement does not authorize you, in any manner or medium, to use THE COMPANY's names, logos, or trademarks or to indicate that you are using a THE COMPANY file. You acknowledge and agree that all rights, title, and interest in and to the file belong to THE COMPANY or the creator of such downloadable file. You do not derive and will not be able to assert any title or interest in the Downloaded File other than the rights and licenses granted under this Agreement.
You acknowledge and agree that you do not receive any rights to patents, copyrights, trademarks, or any other rights or licenses belonging to THE COMPANY or other creator of the Downloaded /e-COMMERCE File beyond those expressly granted in this Agreement (or any agreement accompanying a third-party Downloaded File).
Termination
THE COMPANY may terminate this Agreement at any time for any reason (or no reason), with or without notice. Upon any termination of this Agreement, all rights granted herein shall immediately terminate, and you must promptly return to THE COMPANY or destroy all copies of all Files provided by The Company.
Risk of Use
YOU UNDERSTAND THAT THE SUPPLIED ELECTRONIC FILES MAY NOT HAVE BEEN TESTED AND MAY HAVE ERRORS AND PRODUCE UNEXPECTED RESULTS. YOUR USE OF ANY ELECTRONIC FILE IS ENTIRELY AT YOUR OWN RISK. DESIGN FILES ARE VALIDATED FOR USE IN BERNINA e730 (.ART50 format) and Viking Designer 1 Series (.HUS format) only. All other formats are transcribed using commercial translation software.
Thread charts supplied with the files are provided in Adobe ™ PDF format. They are for reference only, and the thread properties/colors only represent the test case used to stitch out the validation samples. The PDF files are not to be de-compiled, reverse engineered, or transferred without the designs files they are associated with. License holders are permitted to print out ONE copy for use while sewing out the files. The PDF files are subject the same US Export Laws that apply to the design files.
No Warranty
THE SUPPLIED FILES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR REPRESENTATION WHATSOEVER, EXPRESS OR IMPLIED. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE. SHOULD YOU HAVE DIFFICULTY WITH THE RESULTING STITCH FILES, THE COMPANY WILL PROVIDE REPLACEMENT FILES FOR THE DESIGN, PROVIDED YOU HAVE PROVIDED THE COMPANY WITH SUFFICIENT INFORMATION TO ADJUST THE DESIGN PARAMETERS TO MEET YOUR NEEDS. THIS PROVISION ONLY APPLYS TO THOSE LICENCE HOLDERS THAT DIRECTLY SEW OUT IN THE .ART OR .HUS FORMAT. TRANSLATED FILES DO NOT HAVE ANY WARRANTY PROVISIONS OTHER THAN PROVISION OF THE E-FILE AS ORIGINALLY PURCHASED, AND ONLY FOR 1 YEAR FROM THE DATE OF THE ORIGINAL PURCHASE.
Indemnification
You agree to defend, indemnify, and hold harmless THE COMPANY against and in respect of any claim, suit, loss, damages, obligations, penalty, deficiency, or liability (including, without limitation, attorneys' fees) imposed upon, incurred by, or asserted against THE COMPANY that result from or are alleged to result from (a) any breach of this Agreement, (b) any acts, misrepresentations, or omissions in connection with this Agreement, (c) any modification or alteration of a Supplied File, and/or (d) any warranty, condition, representation, or indemnity granted by you for any Supplied File.
Limitation on Liability
IN NO CASE SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, WHETHER SUCH DAMAGES ARE BASED UPON A BREACH OF EXPRESS OR IMPLIED WARRANTIES, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY. THIS IS TRUE EVEN IF THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL THE COMPANY'S LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY YOU TO THE COMPANY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE WARRANTY LANGUAGE ABOVE MAY NOT APPLY TO YOU. IN SUCH CASE, THE COMPANY'S LIABILITIES SHALL BE LIMITED BY THIS LIMITATION ON LIABILITY PROVISION.
Export Law Assurances
You acknowledge that the Supplied Files are subject to the export control laws and regulations of the United States. You confirm and agree that you will not export any Supplied File, directly or indirectly, to any country or end user that is subject to United States export restrictions, or import into any country, except as permitted by the laws and regulations of the applicable country.
U.S. Government Restricted Rights
If this license is acquired under a U.S. Government contract, use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in DFARS 252.227-7013(c)(1)(ii) for Department of Defense contracts and as set forth in FAR 52.227-19(a)-(d) for civilian agency contracts. THE COMPANY reserves all unpublished rights under the United States Copyright laws.
Miscellaneous
You have no authority to act on THE COMPANY's behalf or to bind THE COMPANY to any obligation or representation, and you and THE COMPANY shall not be deemed to be partners, joint ventures, or agents of the other. The internal laws of the Commonwealth of Washington control this Agreement if you are located in the United States or in any other country. The provisions relating to No Additional Licenses, Termination, No Warranty, and Limitation on Liability, Indemnification, Export Law Assurances, and Miscellaneous shall survive the termination of this Agreement. This Agreement is the complete agreement between you and THE COMPANY Corporation concerning the Software Component. The failure or delay of THE COMPANY to exercise any of its rights under this Agreement or upon any breach of this Agreement is not a waiver of those rights or of the breach.
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