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5
Cost, charge incurred for your use of the
Software.
5.1
You agree and understand that service(s)
available by the Software may be provided
through any network communication and
therefore, during the course of your using this
Software, any communication charge due to
utilization of such networks will occur, and
you shall bear such charge.
5.2
In addition to the above charge, you are solely
responsible for any costs or expenses incurred
by you in connection with your use of the
Software.
5.3
In no event shall Company reimburse you for
any above charge, costs or expenses.
6
Support and Updates.
Company reserves the right, at its sole
discretion, and with or without notice to you,
to add or remove features or functions to or
from the Software, or to provide programming
fixes, enhancements, updates and upgrades, to
the Software (collectively "Updates"). You
agree that Company has no obligation to
provide you with Updates, or make available
to you any subsequent versions of the Software.
You also agree that you may, in Company's
sole discretion, be required to enter into a
modified version of this Agreement if you want
to use an Updates.
7
Use of Content
7.1
You may use any Content uploaded or
recorded or otherwise made available using,
through or in connection with the Software by
Company and its licensor (collectively
"Company Content"). You may at least create
hand-made craftwork items and use such hand-
made craftwork items for private use by using
Company Content. Any requirements in such
private use (e.g. editing restrictions) and other
conditions for use (e.g. prohibited commercial
use of hand-made craftwork items) may
depend on Company Content, respectively.
Please see TERMS OF USE (FOR PATTERNS)
accompanied by this Software or Company
Products.
7.2
You may produce new Content using this
Software or other devices connected to this
Software by creating or editing. If you produce
new content ("Your Content"), you shall use
such Your Content at your own risk.
8
Your Obligations in respect of the Software
You warrant that you will:
A) comply with all applicable laws, regulations
and codes of practice with respect to your
use of the Software;
B) not use the Software in a way which is
unlawful, defamatory, obscene, indecent,
offensive or threatening or which infringes
the Intellectual Property Rights of any third
party; and
C) not distribute or transmit any viruses,
worms, Trojan horses or any other
technologically harmful data, programs or
software through, via or using the Software.
9
Termination
9.1
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.
9.2
Upon termination for any reason all rights
granted to you under this Agreement, 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 Content created
by you from the Company Product in your
possession.
10
Miscellaneous terms
10.1
You shall not export or re-export the Software
or any copy or adaptation thereof in violation
of any applicable laws or regulations.
10.2
Except for cases where transferring Company
Products together with ownership, 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.
10.3
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.
10.4
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.
10.5
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.
10.6
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.
5
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