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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.
3
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.
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.
5
Termination
5.1
Company shall have the right to terminate this
Agreement at any time by providing a written
notice to you if you commit a material breach
of any terms of this Agreement and fail to
immediately rectify such breach upon
Company's request.
5.2
Upon termination for any reason all rights
granted to you under this Agreement shall
cease, you shall cease all activities authorized
by this Agreement and you shall immediately
delete or remove the Software from all
computer equipment in your possession and
delete or destroy all copies of the Software or
its derivative works in your possession. In
addition to the above, you shall delete contents
6
or design data created by you from the
Company Product in your possession.
6
Miscellaneous terms
6.1
You shall not export or re-export the Software
or any copy or adaptation thereof in violation
of any applicable laws or regulations.
6.2
You shall not assign all or any part of this
Agreement to any third party or any interest
therein, without prior written consent of
Company. A change of control or
reorganization of you pursuant to a merger,
sale of assets or stock shall be deemed to be an
assignment under this Agreement.
6.3
You agree that a breach of this Agreement will
cause irreparable injury to Company for which
monetary damages would not be an adequate
remedy and Company shall be entitled to seek
equitable relief in addition to any remedies it
may have hereunder or at law without a bond,
other security, or proof of damages.
6.4
If any provisions of this Agreement shall be
declared or determined as void or
unenforceable by a court of competent
jurisdiction, such provisions shall be severable
and independent from the other provisions of
this Agreement and the validity of the other
provisions and of the entire Agreement shall
not be affected thereby.
6.5
This Agreement, together with all exhibits or
other attachments referenced herein,
constitutes the entire agreement between the
parties on the subject matter hereof, and
supersedes all proposals, oral and written,
between the parties on this subject.
6.6
If Company fails to insist that you perform any
of your obligations under this Agreement, or if
Company does not enforce any rights against
you, or if Company delay in doing so, that will
not mean that Company have waived any
rights against you and will not mean that you
do not have to comply with those obligations.
If Company does waive a default by you,
Company will only do so in writing, and that
will not mean that Company will automatically
waive any later default by you.
6.7
The laws of the state or country where you live
(or, if a business, where your principal place of
business is located) govern all claims and
disputes concerning the Software or this
Agreement.
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