BERNINA Embroidery Software 9 - EULA

BERNINA Embroidery Software 9 - EULA

End User License Agreement for BERNINA Embroidery Software 9

BERNINA International AG. (BERNINA) as licensee from Wilcom International Pty Ltd. 
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.  Wilcom International Pty Ltd claims Copyright © 1990-2021 in the software, software media, hardware or software locks and any accompanying documentation provided to you (“Product”). All rights reserved.
TrueView and Point & Stitch are trademarks of Wilcom Pty Ltd.

THIRD PARTY LICENCES
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.
Portions of the home screen embedded browser technology of this product are copyrighted by Copyright (c) 2008-2014 Marshall A. Greenblatt. Portions Copyright (c) 2006-2009 Google Inc. All rights reserved.
Portions of the home screen technology of this product are copyrighted under the MIT license.
Intel(R) Math Kernel Library (MKL) is Copyright (c) 2018 Intel Corporation.
Copyright 2020. The TensorFlow Authors. All rights reserved.
Licensed under the Apache License, Version 2.0 (the "License"); You may obtain a copy of the License at
http://www.apache.org/licenses/LICENSE-2.0

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE INSTALLING THE PRODUCT.
THANK YOU FOR PURCHASING THE PRODUCT. CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE INSTALLING THE PRODUCT. YOUR INSTALLATION OF THE PRODUCT INDICATES YOUR ACCEPTANCE OF THIS LICENSE AGREEMENT. IF YOU HAVE CREATED AN ACCOUNT AND/OR USED THE ACTIVATION CODE OF THE PRODUCT, YOU HAVE AGREED WITH THIS LICENSE AGREEMENT. THE PRODUCT CAN THEN NOT BE RETURNED AND YOUR MONEY WILL NOT BE REFUNDED.
THE PRODUCT, INCLUDING ITS CODE, DOCUMENTATION, APPEARANCE, STRUCTURE AND ORGANIZATIONS, IS A PROPRIETARY PRODUCT OF WILCOM INTERNATIONAL PTY LTD AND IS PROTECTED BY COPYRIGHT AND OTHER LAWS.  TITLE TO THE PRODUCT SHALL AT ALL TIMES REMAIN WITH WILCOM INTERNATIONAL PTY LTD.
 

Contents

  1. Product license agreement
  2. Restrictions
  3. Limited warranty
  4. Limitations of liability
  5. Commercial use of embroidery designs
  6. Termination
  7. Data protection
  8. Customer experience improvement program

1. PRODUCT LICENSE AGREEMENT

BERNINA grants you, the purchaser, with a single user, non-exclusive license to use the Products according to the following terms:
You MAY: 1. Install the product on up to three (3) devices but you may only run the product on one (1) device concurrently. 2. Make one (1) hard copy of the Product electronic user manual documentation (for personal or company use only).

2. RESTRICTIONS

Without the prior written consent of BERNINA, you MAY NOT: 1. use or attempt to use the Product on more than one device in a network or multi-user system. 2. Distribute copies of the Product to others. The Product contains trade secrets and in order to protect them, you may not use any techniques to reduce the Product 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 Product or create derivative works based upon the Product or any part thereof. 4. Remove any proprietary notices, labels, or marks on the Product
Unauthorized copying of or tampering with the Product, or failure to comply with the above restrictions, will result in automatic termination of this license and make available to BERNINA and/or Wilcom International Pty Ltd other legal remedies.

3. LIMITED WARRANTY

BERNINA warrants for a period of 90 days, commencing from the date of delivery of the products to you, that the products are free from defects in materials and workmanship. Your exclusive remedy for breach of warranty is to return the Product 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 Product. You rely on your own skill and judgment in selecting the Product for your own use and assume the entire risk as to the results and performance of the Product. Subject to warranties and conditions imposed by law, BERNINA 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. BERNINA specifically does not warrant that the Product will meet the purchaser's requirements or run without interruption or error, or appear precisely as described in any accompanying documentation.

4. LIMITATIONS OF LIABILITY

To the maximum extent permitted by applicable law, in no event will BERNINA, Wilcom International Pty Ltd, Wilcom Pty Ltd 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 products, regardless of the basis of the claim and even if BERNINA, Wilcom International Pty Ltd or Wilcom Pty Ltd 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.  Liability of BERNINA, Wilcom International Pty Ltd and/or Wilcom Pty Ltd is limited to the cost of replacing the Product.

5. COMMERCIAL USE OF EMBRIODERY DESIGNS

With the purchase of BERNINA® Embroidery Software, BERNINA International AG grants the user the commercial use of all included embroidery designs (i.e. for sales, advertising, etc.), provided that the embroidery design is embroidered on a fabric (or similar). This includes all integrated embroidery fonts, but excludes all TrueType fonts and trademarks in general, in particular those of BERNINA International AG.

The commercial use of embroidery designs from BERNINA® Embroidery Software as files in digital form (i.e. individual sale of included embroidery designs) is not permitted unless the design file as such has been significantly modified. Significant means an obvious modification compared to the original embroidery design. For users using CorelDRAW®, also refer to the End User License agreement found under 'About CorelDRAW'.

6. TERMINATION

Your license to use the Product is effective as long as you comply with the terms and conditions of the License Agreement. This License will terminate immediately without notice from BERNINA if you fail to comply with any of the terms of the License Agreement. You may terminate this License at any time by returning the Product and all copies thereof, and all accompanying documentation to your reseller. You will not be entitled to a refund of any kind. If you have any questions, please contact your reseller or BERNINA.

7. DATA PROTECTION

Your personal data will be processed in accordance with our Privacy Policy, which can be accessed here: https://www.bernina.com/privacy/v9.

8. CUSTOMER EXPERIENCE IMPROVEMENT PROGRAM

We are continually seeking to develop and enhance the products and services we offer to our customers. To facilitate this process, it is helpful for us to collect information related to how customers use our software. By installing and using our products, you are agreeing to participate in our CEIP (Customer Experience Improvement Program) whereby you are granting us permission to collect, maintain, process and use analytics data related to your use of our Software. The data we collect is linked to your ID which may be your email address but, does not contain any other personal or identifiable information, design files, design images or graphics.
For the purpose of the CEIP, we may rely on third party analytics services to collect and process this data and such data is stored and processed on servers located in EU and USA. Should you wish to not participate in our CEIP, please contact support for instructions on how to disable tracking within the software.
 
Rev 1 - June 2021