Terms and Conditions

SUBSCRIPTION LICENSE AGREEMENT – EMBROIDERY STUDIO e4 DESIGNING

This license replaces the standard Wilcom software license agreement.

Copyright © 1990-2018 Wilcom Pty Ltd.

All rights reserved. TrueView and Point & Stitch are trademarks of Wilcom Pty Ltd. Portions of the imaging technology of this product are copyrighted by AccuSoft Corporation. The EPS File Import/Export Converter used in this product is copyrighted by Access Softek, Inc. All rights reserved. The Code 39 TTF font, FREE3OF9.TTF, has been kindly supplied free of charge by Matthew Welch.

Warning: This computer program is protected by copyright law and International treaties. Unauthorized reproduction or distribution of this program, or any part of it, may result in severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law.

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE INSTALLING THE COMPLETE SOFTWARE.

THANK YOU FOR PURCHASING THIS PRODUCT. CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING THIS SOFTWARE PACKAGE. YOUR INSTALLATION OF THE SOFTWARE PACKAGE INDICATES YOUR ACCEPTANCE OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU SHOULD PROMPTLY RETURN THE COMPLETE PACKAGE, INCLUDING SOFTWARE AND ANY ACCOMPANYING DOCUMENTATION TO YOUR RESELLER, TOGETHER WITH PROOF OF PURCHASE, AND YOUR MONEY WILL BE REFUNDED.

THE SOFTWARE, INCLUDING ITS CODE, DOCUMENTATION, APPEARANCE, STRUCTURE AND ORGANIZATIONS, IS A PROPRIETARY PRODUCT OF WILCOM PTY LTD AND IS PROTECTED BY COPYRIGHT AND OTHER LAWS. TITLE TO THE SOFTWARE SHALL AT ALL TIMES REMAIN WITH WILCOM PTY LTD.

SOFTWARE LICENSE AGREEMENT

Wilcom International Pty Ltd (“Wilcom”) grants you, the purchaser, non-exclusive, non-transferable license to use this copy of the software and accompanying documentation (“Software Package”) according to the terms set out in this License Agreement.

You MAY:

  1. Make one (1) copy of the Software Package in machine readable form solely for back up purposes, provided that you reproduce all proprietary notices on the copy and one (1) hard copy of the electronic user manual documentation (for personal or company use only).
  2. Physically transfer the Software Package from one computer to another provided that the software is used on only one computer at a time.

You MUST:

  1. Pay the License Fee according to the terms set out below;
  2. Comply with all other terms of this License Agreement.

LICENSE FEE

You must pay the following fees:

  1. A non refundable License Fee of twelve consecutive monthly payments of £99.00 (excl. VAT) representing a twelve month license of the software from commencement of this License Agreement;
  2. Subsequent monthly license fees in advance of £99.00. (excl. VAT)

Payment must be made by credit card. This License Agreement commences on payment of the Initial License Fee.

LICENSE BENEFITS

In paying the License Fee and subsequent monthly license fees you obtain:

  1. A License to use the Software Package;
  2. Free updates and improvements to the Software Package and access to new versions
  3. Replacement of the USB Security lock (“Dongle”) for as long as you use the Software Package conditional on you paying a one off administrative charge of £50 (excl. VAT) should a replacement become necessary.

Wilcom must promptly make available to you at no charge any updates and improvements to the Software Package, and must promptly advise you of any new versions or other software it develops relating to the software package.

RESTRICTIONS

Without the prior consent of Wilcom, you MAY NOT:

  1. Use or attempt to use the Software Package or any part thereof on more than one computer or workstation at a time either singly or in a network or multi-user system.
  2. Distribute copies of the Software Package or any part thereof to others or electronically transfer the Software Package or any part thereof from one computer to another over a network. The Software Package contains trade secrets and in order to protect them, you may not use any techniques to reduce the Software Package or any part thereof to a human readable form.
  3. Modify, adapt, translate, reverse engineer, de-compile, disassemble, rent, lease, loan, resell, distribute, network, copy (except for backup copies) the Software Package or any part thereof or create derivative works based upon the Software Package or any part thereof.
  4. Remove any proprietary notices, labels, or marks on the Software Package or any part thereof.

Unauthorized copying of or tampering with the Software Package or any part thereof, or failure to comply with the above restrictions, will result in automatic termination of this license and make available to Wilcom other legal remedies.

This license is valid only if the software is used in the territory/country appearing on the outside of the Product Box.

LIMITED WARRANTY

Wilcom warrants for a period of 90 days, commencing from the date of delivery of the products to you, that the Software Package is free from defects in materials and workmanship. Your exclusive remedy for breach of warranty is to return the Software Package together with proof of purchase to your reseller within the warranty period, and they will be replaced free of charge. You are responsible for the cost of shipping and insurance, and bear the risk of loss, damage and misplacement of the Software Package . You rely on your own skill and judgment in selecting the software for your own use and assume the entire risk as to the results and performance of the Software Package. Subject to warranties and conditions imposed by law, Wilcom expressly disclaims all other warranties and conditions, whether express or implied, including without limitation, warranties and conditions of merchantability, fitness for particular purpose, title and non-infringement. Wilcom specifically does not warrant that the Software Package will meet the purchaser’s requirements or run without interruption or error, or appear precisely as described in any accompanying documentation.

LIMITATIONS OF LIABILITY

To the maximum extent permitted by applicable law, the maximum liability of Wilcom to you under this License Agreement will be to replace the Software Package and in no event will Wilcom or its developers, officers, employees or affiliates be liable to you for any consequential, incidental, or indirect damages (including damages for loss of business profits, business interruption, loss of business information and the like), whether foreseeable, or unforeseeable, arising out of the use of or inability to use the Software Package, regardless of the basis of the claim and even if Wilcom or an authorized Wilcom representative has been advised of the possibility of such damages. Some states or jurisdictions do not allow the exclusion of incidental, consequential or special damages, so the above limitation or exclusion may not apply to you.

TERMINATION

Your License to use the Software Package is effective as long as you comply with the terms and conditions of this License Agreement. This License will terminate automatically without notice from Wilcom if you fail to comply with any of the terms of the License Agreement.  Wilcom may also terminate this License Agreement for any reason by giving you 30 days notice of its intention to terminate.  You may terminate this License at any time by returning the Software Package and all copies thereof, to your reseller. If you have any questions, please contact your reseller, or Wilcom.  For the avoidance of doubt, the Initial License Fee paid by you is non refundable and you may not claim a refund of any part of it even if you terminate this License Agreement during the Initial License Period.

On termination you MUST:

  1. Cease all use of the software;
  2. Return the Software Package to Wilcom.

ACCEPTANCE

I hereby accept the terms of this license agreement.