1. The Websites
The Websites are intended to serve as an online learning environment through which registered users (Users) may subscribe to access courses of video lectures (E-Classes) and associated study materials and background materials presented by Embroidery Legacy instructors (Instructor). The Websites will also serve as an online social network through which Users may communicate and interact with other Users, share their own User Submissions and view the User Submissions of other Users. Embroidery Legacy offers for sale through the Websites products pertinent to the E-Classes as well as software, designs and notions for the embroidery industry.
2. Access to the Websites
B. In order to access the Websites, you will have to create an account. You may never use anothers account without his or her express permission and you may not provide another person with the username and password to access your account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Embroidery Legacy immediately of any breach of security or unauthorized use of your account. Although Embroidery Legacy will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Embroidery Legacy or others due to such unauthorized use.
C. You agree not to collect any personally identifiable information, including account names, from the Websites, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Websites.
A. An Application will allow you to access certain materials and functionality available on the Websites through your mobile device.
B. Embroidery Legacy reserves the right to amend or withdraw any Application at any time and for any reason.
C. You acknowledge that the terms of agreement with your mobile network provider (Mobile Provider) will continue to apply when using an Application. As a result, you may be charged by your Mobile Provider for access to network connection services for the duration of the connection while accessing an Application or any such third party charges as may arise. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone or handheld device being used to access an Application, you will be assumed to have received permission from the bill payer for using the Application.
D. Embroidery Legacy does not accept any responsibility whatsoever for unavailability of any Application, or any difficulty or inability to download or access content or any other communication system failure which may result in an Application being unavailable. Embroidery Legacy will not be responsible for any support or maintenance for Applications.
E. In order to use an Application, you will be required to have a compatible mobile telephone or handheld device, internet access, and certain minimum specifications which are specified in the Application itself.
4. Sales of Products by Embroidery Legacy
B. Any times or dates stated by Embroidery Legacy for delivery are estimates only. We shall make all reasonable effort to deliver goods within the time specified, but we shall not have any liability for any failure to deliver within that time.
C. You must pay for items purchased from Embroidery Legacy by credit card or through Paypal or by other methods specified on the Website from time to time. Unless otherwise indicated, the prices are exclusive of delivery costs and applicable taxes.
D. We are entitled to refuse any order placed by you for any reason. If your order is accepted by Embroidery Legacy, we will confirm acceptance to you by online electronic means to the e-mail address you have provided.
E. You undertake that all details you provide to us for the purpose of purchasing goods from Embroidery Legacy will be correct, that the credit card, or any electronic cash, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any goods. We reserve the right to obtain validation of your credit card details before providing you with any goods.
F. Embroidery Legacy will replace goods that you have purchased from us which are incorrect, damaged or defective, at no cost to you. Please email firstname.lastname@example.org with a description of the problem with the goods and our customer service team will provide you with shipping instructions. Once we receive the item and have validated the damage/defect, you will be refunded the price of the item as well as any applicable taxes and shipping costs. Refunds will be issued in the original form of payment used to purchase the item. Please note that in order to receive a refund for the shipping cost of the item, you must contact our customer service team before returning the item to us, and we must be able to validate the damage/defect/error.
G. If you are not satisfied with physical goods purchased from Embroidery Legacy, you may return them to Embroidery Legacy within thirty (30) days after delivery. Returns will receive a refund of the price of the item and any applicable taxes, issued in the original form of payment used to purchase the item. Items must be returned in new or like-new condition, and in their original packaging, items labeled with tamper proof sticker must be intact, and with all paperwork including your packing slip to ensure full credit. Shipping costs will not be refunded unless the item is being returned because it is incorrect, damaged or defective. Our digital products including embroidery designs and online education can not be returned after purchase unless otherwise stated on that product’s specific sales page. This is due to the electronic and downloadable nature of these products. Embroidery Legacy reserves the right to refuse any returns if they do not meet our return requirements. Please email email@example.com and our customer service team will provide you with shipping instructions.
5. Profiles, User Submissions and Instructor Submissions
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. The information provided in the User Submissions will not be treated as confidential and you shall not expect any information provided in the User Submissions to be private. For the sake of clarity, do not submit any information as User Submissions which you wish to be kept private and confidential.
F. You understand and agree that Embroidery Legacy is not obligated to review, and is in no way responsible for, the content of video lectures, associated study materials and background materials presented by Instructors and Teaching Assistants, or content created in connection with the participation by Instructors and Teaching Assistants in Courses and their interaction with Users and other Instructors and Teaching Assistants (including written, audio and/or video content, information, images, and other materials) (together, the Instructor Submissions). Embroidery Legacy does not endorse any Instructor Submissions or User Submissions or any opinion, recommendation, or advice expressed therein, and Embroidery Legacy expressly disclaims any and all liability in connection with Instructor Submissions.
G. In connection with your User Submissions and otherwise in connection with your use of the Websites and Applications, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Embroidery Legacy all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Embroidery Legacy or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, offensive, discriminatory on the basis of race, ethnicity, gender or sexual orientation, or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (iv) post advertisements or solicitations of business; (v) impersonate another person or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; (vi) harvest or collect email addresses or other contact information of other Users from the Websites by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (vii) use the Websites in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Websites; (viii) upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (ix) upload, post, transmit, share, store or otherwise make publicly available on the Websites any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (x) solicit personal information from anyone under 18 years of age or solicit passwords or personally identifying information for commercial or unlawful purposes; (xi) upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xii) intimidate or harass another; (xiii) upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, national or international law; (xiv) use or attempt to use anothers account, service or system without authorization from Embroidery Legacy, or create a false identity on the Websites; or (xv) upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Embroidery Legacy is objectionable or which restricts or inhibits any other person from using or enjoying the Websites, or which may expose Embroidery Legacy, the Website or its Users to any harm or liability of any type.
I. In particular, if you are a copyright owner or an agent thereof and believe that any User Submissions, Instructor Submissions or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Embroidery Legacy with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications should be sent to firstname.lastname@example.org
You acknowledge that if you fail to comply with all of the requirements of this Section 5(G), your DMCA notice may not be valid.
J. You understand that when using the Websites, you will be exposed to User Submissions and Instructor Submissions from a variety of sources, and that Embroidery Legacy is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions or Instructor Submissions. You further understand and acknowledge that you may be exposed to User Submissions and Instructor Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Embroidery Legacy with respect thereto, and agree to indemnify and hold Embroidery Legacy, its successors, assigns, directors, officers, employees, affiliates, agents, Instructors and Teaching Assistants harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
6. Intellectual Property Rights
A. Content means all content on the Websites and Applications, except for all User Submissions and Instructor Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein. Content and Instructor Submissions are subject to copyright and other intellectual property rights under Canadian and foreign laws and international conventions and are (i) owned by or licensed to Embroidery Legacy, (ii) supplied to our editors or released into the public domain by public relations and marketing companies for press purposes, (iii) published on public sites with licenses granted under Creative Commons, with attribution in accordance with the Creative Commons license granted in each case, or (iv) covered, we believe, by the Fair Use Doctrine.
B. Content, Instructor Submissions and User Submissions from other Users on the Websites and Applications are provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Embroidery Legacy reserves all rights not expressly granted in and to the Websites, the Applications and the Content. You agree to not engage in the use, copying, or distribution of any of the Content, Instructor Submissions or User Submissions from other Users other than as expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. In no event shall any Content, Instructor Submissions or User Submissions be used for any websites, application or publication of any sort which is competitive with the Websites and Applications. For the sake of clarity, a website, application or publication is competitive if it distributes, publishes or otherwise makes available by any means educational courses and materials in any field or if it is otherwise competitive with any business activities of Embroidery Legacy and/or the Websites. If you download or print a copy of the Content or User Submissions for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Websites or features that prevent or restrict use or copying of any Content or User Submissions or enforce limitations on use of the Website or the Content and User Submissions therein.
YOU AGREE THAT YOUR USE OF THE WEBSITES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EMBROIDERY LEGACY AND ITS SUCCESSORS, ASSIGNS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INSTRUCTORS AND TEACHING ASSISTANTS DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, TO YOU IN CONNECTION WITH THE WEBSITES AND YOUR USE THEREOF. NEITHER EMBROIDERY LEGACY NOR ANY OF ITS SUCCESSORS, ASSIGNS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INSTRUCTORS OR TEACHING ASSISTANTS MAKES ANY WARRANTIES OR REPRESENTATIONS TO YOU ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE PORTAL, INSTRUCTOR SUBMISSIONS OR USER SUBMISSIONS OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITES AND SUCH PARTIES ASSUME NO LIABILITY OR RESPONSIBILITY TO YOU FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, INSTRUCTOR SUBMISSIONS OR USER SUBMISSIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PORTAL BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES. EMBROIDEYR LEGACY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITES OR ANY HYPERLINKED WEBSITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND EMBROIDERY LEGACY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
8. Limitation of Liability
IN NO EVENT SHALL EMBROIDERY LEGACY OR ITS SUCCESSORS, ASSIGNS, OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INSTRUCTORS OR TEACHING ASSISTANTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY USE OR ACCESS TO THE WEBSITES, INCLUDING, WITHOUT LIMITATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT EMBROIDERY LEGACY AND ITS SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, INSTRUCTORS AND/OR TEACHING ASSISTANTS SHALL NOT BE LIABLE TO YOU FOR USER SUBMISSIONS, INSTRUCTOR SUBMISSIONS OR CONTENT, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Websites are controlled and offered by Embroidery Legacy from its facilities in Canada. Embroidery Legacy makes no representations that the Websites are appropriate or available for use in other locations. Those who access or use the Portal from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Embroidery Legacy may terminate your membership, delete your account and any User Submission that you have posted on the Websites and/or prohibit you from using or accessing the Websites (or any portion, aspect or feature thereof ) for any reason, or no reason, at any time in its sole discretion, with or without notice. Notwithstanding any termination or expiry of your membership or your ceasing to use the Websites, your obligations hereunder shall survive indefinitely.
Design Copyright Notice
© COPYRIGHT NOTICE All designs are copyrighted by Embroidery Legacy by John Deer. This design may not be distributed electronically in any format or by any method, either altered or unaltered, without the express written permission of Embroidery Legacy by John Deer. By purchasing this design, you acknowledge that you agree to the License Terms. Embroidery Legacy by John Deer grants the purchaser to unlimited use of its designs for personal home use. The purchaser is also permitted to produce and sell up to 50 embroidered items for profit. For embroidering and selling more than 50 embroidered items, contacting email@example.com you may purchase a specified Commercial License.
Digitizingmadeeasy.com USER LICENSE AGREEMENT Dress Crest Embroidery Co. Ltd., dba The Deer’s Embroidery Legacy, (“digitizingmadeeasy.com”) is providing you a limited license to use the embroidery design files (the “Design Files”) subject to the terms of this USER LICENSE AGREEMENT (this “Agreement”).
IMPORTANT – PLEASE READ CAREFULLY THIS IS A LEGAL AGREEMENT BETWEEN YOU AND THE DEER’S EMBROIDERY LEGACY FOR USE OF THE DESIGN FILES FOR WHICH YOU HAVE PAID THE DESIGNATED LICENSE FEE. BY PURCHASING THE DESIGN(S) YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOLLOWING TERMS AND AGREE TO BE BOUND BY THEM. YOU ALSO ACKNOWLEDGE THAT THIS AGREEMENT IS THE ONLY AGREEMENT BETWEEN YOU AND THE DEER’S EMBROIDERY LEGACY REGARDING THIS DESIGN. IF YOU DO NOT AGREE TO THESE TERMS, THE DEER’S EMBROIDERY LEGACY IS UNWILLING TO GRANT YOU THIS LICENSE. YOU ALSO ACKNOWLEDGE THAT THIS AGREEMENT IS THE ONLY AGREEMENT BETWEEN YOU AND THE DEER’S EMBROIDERY LEGACY REGARDING THE DESIGN FILES.
1. LICENSE AND SCOPE. The Design Files are licensed, not sold, to you. You have a nonexclusive, nontransferable, limited license to use the Design Files. THIS LICENSE IS LIMITED TO YOUR OWN PERSONAL, INTERNAL USE ONLY. You agree that you will not distribute or otherwise provide the Design Files to any third party. You further agree to keep confidential and use your best efforts to prevent and protect the Design Files from unauthorized disclosure or use, including, but not limited to taking necessary steps to prevent use of the Design Files by individuals not specifically licensed to use the Design Files under this Agreement. Digitizingmadeeasy.com reserves all rights, title and interest to the Design Files not expressly granted to you under this Agreement.
2. RESTRICTIONS:. You are not permitted to sell, rent, lease, lend or otherwise transfer the Design Files on a permanent or temporary basis without the written consent of The Deer’s Embroidery Legacy. You are not permitted, nor can you allow any third party, to remove any proprietary notices, labels or trademarks on the Design Files. You are not permitted, nor can you allow any third party, to use The Deer’s Embroidery Legacy or The Deer’s Embroidery Legacy suppliers’ names, logos, or trademarks in any manner including, without limitation, in your advertising or marketing materials, except to the minimum extent necessary to affix the appropriate copyright or other proprietary notices, if applicable. You may not sublicense the Design Files, or assign, delegate or otherwise transfer this license or any of the related rights or obligations for any reason. Any attempt to make any such sublicense, assignment, delegation or other transfer by you shall be void and shall void your rights to use the license granted by this Agreement.
3. OWNERSHIP & COPYRIGHT: All title, ownership rights, and intellectual property rights in and to the Design Files and any copies thereof are vested in and shall remain in The Deer’s Embroidery Legacy and/or its suppliers. You agree that you neither own nor hereby acquire any claim or right of ownership to the Design Files or to any related patents, copyrights, trademarks or other intellectual property. This license is not on sale of the original or any subsequent copy. The Design Files are protected by the copyright laws and other intellectual property laws of the United States and international treaties. You may not copy the Design Files, except to transfer the embroidery file to your embroidery machine. You may also make one copy of a Design File for back-up or archival purposes only.
4. PRODUCTS CREATED FROM DESIGN: The Deer’s Embroidery Legacy grants the purchaser to unlimited use of its designs for personal home use. The purchaser is also permitted to produce and sell up to 50 embroidered items for profit. For embroidering and selling more than 50 embroidered items, contacting firstname.lastname@example.org you may purchase a specified Commercial License.You acknowledge that copyright laws, trademark laws, and other intellectual property laws may prevent the use of any products created with the Design Files if such products copy, imitate, mimic, emulate, approximate, depict or otherwise infringe on designs, images, or other protected works in the United States or other countries. You acknowledge and agree that it is your responsibility to ensure that products created with the Design Files – particularly products intended for sale and distribution – do not infringe on the intellectual property rights of third parties not associated with The Deer’s Embroidery Legacy and its suppliers.
5. TERM AND TERMINATION: The license is effective until terminated. You may terminate this license at any time by deleting all of the downloaded Design Files. This license automatically terminates if you fail to comply with its terms and conditions. You agree that, upon such termination, you will destroy (or permanently erase) all copies of the Design Files. The Deer’s Embroidery Legacy may terminate this license at any time by providing notice by fax, email, or letter and refunding the purchase price of the design.
6. NO WARRANTY: TO THE MAXIMUM EXTENT PROVIDED UNDER APPLICABLE LAW, THE DESIGN FILES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Such jurisdictions give you specific legal rights and you may also have other rights, which vary, from jurisdiction to jurisdiction.
7. LIMITATION OF REMEDIES AND LIABILITIES: TO THE MAXIMUM EXTENT PROVIDED UNDER APPLICABLE LAW, IN NO EVENT WILL THE DEER’S EMBROIDERY LEGACY OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE NATURE OF THE CLAIM, EVEN IF THE DEER’S EMBROIDERY LEGACY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PROVIDED UNDER APPLICABLE LAW, THE DEER’S EMBROIDERY LEGACY TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO THE DEER’S EMBROIDERY LEGACY UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO LIABILITY. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.
Some jurisdictions do not allow the exclusion or limitations of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
8. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND: The Design Files are a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth therein.
9. LICENSEE INDEMNIFICATION: You agree that you shall indemnify and hold The Deer’s Embroidery Legacy, and its officers, directors, employees, and suppliers (each an “The Deer’s Embroidery Legacy Indemnitee”) harmless from any and all liabilities, losses, costs, damages and expenses, including, without limitation, reasonable attorneys’ fees, that an The Deer’s Embroidery Legacy Indemnitee suffers or incurs in connection with any claim, action, demand, or other legal action brought by a third party arising from or relating to: (i) any breach by you of this Agreement; or (ii) any claims related to products created by you in connection with your use of the Design Files.
10. VIRUSES: In the extremely unlikely event your design download from The Deer’s Embroidery Legacy contains a virus, The Deer’s Embroidery Legacy agrees to either replace the affected design or refund the purchase price associated with the affected design. The Deer’s Embroidery Legacy liability is limited to replacement or refund of only the virus-infected design downloaded from The Deer’s Embroidery Legacy and does not include any costs associated with repairing or replacing any computer components, hardware, additional software, computer files or any other costs associated with repairing, replacing or removing virus-infected files from your computer. The Deer’s Embroidery Legacy will cover this liability only if the virus resulted through no fault of your own from purchases made through The Deer’s Embroidery Legacy while using our secure server.
11. GENERAL PROVISIONS The Deer’s Embroidery Legacy may freely assign this Agreement, or delegate its obligations under this Agreement, in whole or in part, to any third party. This Agreement will be governed by the laws of the Province of Ontario without regard to conflicts of law principles that would require the application of the laws of any other jurisdiction. THE PROVISIONS OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT WILL NOT APPLY TO THIS AGREEMENT. The Parties’ rights and remedies under this Agreement are cumulative. If any legal action is brought to enforce this Agreement, the prevailing party will be entitled to receive its reasonable attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive. All waivers must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. The section headings used in this Agreement are for convenience and are not to be used in interpreting this Agreement. As used in this Agreement, the word “including” means “including, but not limited to.” This Agreement constitutes the complete and entire agreement between the Parties regarding the subject hereof and supercedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. This Agreement may be amended only by a written document signed by both Parties. The terms of any e-mail, purchase order, order confirmation, receipt or download confirmation, or similar document submitted by you to The Deer’s Embroidery Legacy will have no effect.