6
4
Limitation of liability
4.1
NEITHER COMPANY NOR LICENSOR SHALL
BE LIABLE TO YOU, ANY END-USER OR ANY
OTHER PERSON OR ENTITY FOR ANY LOSS
OF PROFITS OR INCOME OR SAVINGS, LOSS
OR CORRUPTION OF DATA,
INTERRUPTION OF USE, OR
CONSEQUENTIAL, INCIDENTAL, SPECIAL,
PUNITIVE OR INDIRECT DAMAGES
INCURRED BY ANY SUCH PERSON OR
ENTITY (WHETHER IN AN ACTION IN
CONTRACT OR TORT), EVEN IF COMPANY
OR LICENSOR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, ARISING
OUT OF OR RELATING TO THE SOFTWARE,
SUPPORT SERVICE OR THIS AGREEMENT.
THESE LIMITATIONS SHALL APPLY TO THE
MAXIMUM EXTENT ALLOWED BY
APPLICABLE LAW NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF
ANY LIMITED REMEDY.
4.2
NOTWITHSTANDING THE CLAUSE 3 OR 4.1
HEREOF, THIS AGREEMENT DOES NOT
PURPORT TO EXCLUDE OR RESTRICT
COMPANY’S OR LICENSOR’S LIABILITY FOR
DEATH OR PERSONAL INJURY RESULTING
FROM NEGLIGENCE OR LIMIT THE
STATUTORY RIGHTS OF A CONSUMER.
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 or Licensor 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 written 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.
9.3
The clauses of this Agreement that would
reasonably be interpreted as surviving the
termination of this Agreement shall so survive.
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 and/or
Licensor for which monetary damages would
not be an adequate remedy and Company and/
or Licensor shall be entitled to seek equitable
relief in addition to any remedies it may have
