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The Monogram Wizard Plus
Alphabet and Motif Design Data
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.
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.
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.
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.
. The terms of all sales are final. This license agreement
is available for review on the www.needleheads.com
prior to purchase.
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.
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.
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.