Manual Brother Innov-is NV2750D Sewing Machine

Manual

5

Terms of Use

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

1 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.

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

(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.

3No 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.

4 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

LIMITATIONS SHALL APPLY TO THE

MAXIMUM EXTENT ALLOWED BY

APPLICABLE LAW NOTWITHSTANDING

ANY FAILURE OF ESSENTIAL PURPOSE OF

ANY LIMITED REMEDY.

4.2 NOTWITHSTANDING THE CLAUSE 3 OR 4.1

HEREOF, THIS AGREEMENT DOES NOT

PURPORT TO EXCLUDE OR RESTRICT

COMPANY’S LIABILITY FOR DEATH OR

PERSONAL INJURY RESULTING FROM

NEGLIGENCE OR LIMIT THE STATUTORY

RIGHTS OF A CONSUMER.

Rating

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