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  License Agreement

The Monogram Wizard
The Monogram Wizard Plus
Alphabet and Motif Design Data

LICENSE AGREEMENT

This is a legal agreement and this agreement replaces all previous versions of this agreement.  You (either an individual or an entity, who will be referred to in this License as "You" or “Your”) and your agents are bound to the terms of this license so read and understand this agreement completely.  If you cannot or will not agree to the terms of this license, do not buy the product. 

  1. GRANT OF LICENSE.  Parametric Systems Inc. (aka Needleheads and hereafter referred to as Needleheads), grants you a non-exclusive license to use the Monogram Wizard Software product set and the data file(s) known as an Alphabet or Motif file(s), hereafter referred to as the Software and the Design Data respectively.  You own the disk on which the Software and the Design Data is recorded, if one is provided, but Needleheads retains the title to the Software and the Design Data, security key, all related documentation and rights to any and all files produced by the Software using the Design Data.  All rights not expressly granted to you are retained by Needleheads.  This license allows you to use the Software and the Design Data on one computer at a time and make one copy for backup purposes only.  You must reproduce the necessary copyright notices and protections.  The Software and Design Data may not be resold either by you or a third party without the prior written permission of Needleheads. 
     
  2.   OTHER RESTRICTIONS.  The Software and the Design Data are copyrighted material and as such are protected by the laws of the United Sates.  You may produce designs, monograms, crests, or any other forms of creative images using the Software and the Design Data and sell these embroideries and claim these images as your own, however needleheads still retains the rights to the data that produces the embroideries.  You may not decompile, disassemble or reverse engineer the Software and the Design Data.  You may not create any derivative works, such as individual alphabet letter groupings or designs, using the Software and the Design Data and sell the data files as your own.  You may not copy or reproduce the documentation.  You may not reverse engineer any part of the Software and the Design Data including the security key.  You may not sell any files that are created by using the Software and the Design Data.  You may not disclose to others the registration or license codes.  You may not knowingly allow another party to copy or perform any of the above actions. 
  3. TERM OF LICENSE.  Once you agree to this license the term of the license is in effect as long as the product is in production and you will be bound to the terms of the license. 
  4. REFUNDS.  The terms of all sales are final. This license agreement is available for review on the www.needleheads.com prior to purchase.
  5. LIMITED WARRANTY. Needleheads warrants that the Software and the Design Data will perform substantially to the software product description, and in accordance with any written materials, for a period of 90 days from the date of purchase or until the license is terminated which ever occurs first. Within the 90 days, Needleheads entire liability shall be to repair the data at a time frame chosen by Needleheads.  In no event will Needleheads be liable for any damages, including loss of profits, lost savings or any other incidental damages because of the use or the inability to use the Software and the Design Data, even if Needleheads has been advised of such possibilities.  Needleheads disclaims all other warranties either express or implied, including any implied warranties of merchantability or for fitness for a particular purpose or venture.
     
  6. SUPPORT AND MAINTENANCE.  Needleheads is under no obligation to provide email, telephone or training support for any versions of the Software and the Design Data or its associated products. Needleheads will investigate questions and/or problems of which Needleheads is made aware, providing adequate information is provided to assist in the investigation, but Needleheads is under no obligation to provide answers or remedies.  Needleheads will supply to you, at a charge that Needleheads determines, any corrections, improvements, upgrades, or modifications to the Design Data and associated products that Needleheads makes generally available. Any such corrections, improvements, upgrades, or modifications shall become part of the Software and the Design Data for all purposes of this Agreement. You acknowledge that the maintenance provided by Needleheads hereunder is not bound to any schedule or timeframe and is limited to the most current version of the Software and the Design Data and any associated products.
      
  7. GENERAL.  This license will be governed by and construed in accordance with the laws of Georgia, and shall take effect to the benefit of Needleheads and you and your successors, assigns and legal representatives.  If any provision of the license is held by a court of competent jurisdiction to be invalid or unenforceable to any extent under applicable law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of the license will remain in full force and effect.  Any notices or other communications to be sent to Needleheads must be mailed first class, postage prepaid to the following address: Parametric Systems Inc, 4025 Pleasantdale Rd, Ste 320, Atlanta, GA 30340.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior proposals, agreements, representations, statements and undertakings are hereby expressly canceled and superseded.  This Agreement may not be changed or amended except by a written instrument executed by a duly authorized officer of Needleheads.

 
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