7
hereunder or at law without a bond, other
security, or proof of damages.
10.4
If any provisions of this Agreement shall be
declared or determined as void or
unenforceable by a court of competent
jurisdiction, such provisions shall be severable
and independent from the other provisions of
this Agreement and the validity of the other
provisions and of the entire Agreement shall
not be affected thereby.
10.5
This Agreement, together with all exhibits or
other attachments referenced herein,
constitutes your entire agreement on the
subject matter hereof, and supersedes all
proposals, oral and written on this subject.
10.6
If Company or Licensor fails to insist that you
perform any of your obligations under this
Agreement, or if Company or Licensor does not
enforce any rights against you, or if Company
or Licensor delay in doing so, that will not
mean that Company or Licensor has waived
any rights against you and will not mean that
you do not have to comply with those
obligations. If Company or Licensor does waive
a default by you, such waiver will be in
writing, and will not mean that any later default
by you is waived.
10.7
This Agreement is governed by the laws of
Japan and Japanese Courts shall have exclusive
jurisdiction with respect to this Agreement
except with regard to enforcement in which
case the jurisdiction of the Japanese Courts
shall be non-exclusive.
10.8
The Company may update this Agreement in
the following cases: A) When the changes are
made for the users’ benefit, or B) When the
updates to the Agreement are adequate,
reasonable, and not contrary to the purposes of
the Agreement. Notwithstanding the foregoing,
in principle, the contents of the amendments or
modifications shall be published on the
Company’s website or by any other appropriate
methods before the effective date of the
amendments or modifications and enter into
effect from the date that is separately specified
in the notification.
11
Third-Party Software
The Software may contain third-party software
and/or open source software programs
(collectively, “Third-Party Software”). As for
details of the Third-Party Software, please refer
to the terms and condition separately defined.
TERMS OF USE (FOR
PATTERNS)
All embroidery patterns, including but not limited to
design and embroidery pattern and Content, in the
machine (“Embroidery Patterns”) is protected by
copyright and other intellectual property rights
(collectively “Intellectual Property Rights”) owned by
Company and/or its licensors.
You may use Embroidery Patterns and create hand-
made craftwork items by using Embroidery Patterns for
the sole purpose of using Company Product, subject to
the following conditions:
If you do not agree to the terms of this conditions,
Company is unwilling to license Embroidery Patterns
and you are not allowed to use Embroidery Patterns.
YOU MAY NOT:
• use Embroidery Patterns in a way which is or in
manner that could be considered unlawful,
defamatory, obscene, indecent, offensive or
threatening or which infringes the Intellectual
Property Rights (including trademarks) of any third
party;
• use Embroidery Patterns with deceptive advertising,
with display for third party's merchandise or sales to
cause confusion or for imitation merchandise of
third party;
The following conditions apply to each Embroidery
Patterns.
You may
• use and edit Embroidery Patterns for the sole
purpose of using Company Product;
• create hand-made craftwork items by using
Embroidery Patterns, and assign, sell, rent, distribute
or otherwise transfer such hand-made craftwork
items for a profit.
YOU MAY NOT:
• remove copyright notice in Embroidery Patterns;
• use Embroidery Patterns with falsely represent,
expressly or by way of reasonable implication, that
any Embroidery Patterns were created by you or a
person other than the copyright holder(s) of that
Embroidery Patterns;
• assign, distribute or otherwise transfer Embroidery
Patterns to third party;
• use Embroidery Patterns as or in connection with
trademarks, servicemark, logo or otherwise
merchantability shape of you or third party;
• use Embroidery Patterns to cause confusion in
connection with copyright notice of you or identical
or similar to third party.
