LICENSE AGREEMENT

1. Grant of License M. J. Embroidery hereby grants you a non-exclusive license to the use of its designs and related documentation (collectively the “Designs”) solely in accordance with the terms and conditions of this license agreement (“License”). This License sets forth your rights and responsibilities and other terms and conditions that relate to your use of the Designs. Before you use the Designs, please read this License carefully as you would read any other legal document. If you do not agree with all the terms and conditions of this License, do not use the Designs and return them within 30 days of purchase in accordance with the procedure set forth in the Money Back Guarantee section bellow for a full refund. Your installation and/or utilization of the Designs mean that you have read and agree to all the terms and conditions of this license.

2. Reservation of Rights M. J. Embroidery hereby reserves all rights not expressly granted by this license. Nothing in this License constitutes a sale or grant of any ownership rights in or to the Designs.

3. Permitted Use You may use the Designs in only one machine at a time. The use of one Design in one machine and a different Design in another machine at the same time is a breach of this License. You may make one copy of the Designs for archival or “Back-Up” purposes only. You should contact M. J. Embroidery to obtain a site or commercial license if you need to use the Designs simultaneously on multiple machines.

4. Prohibited Use You may not use the Designs except as expressly permitted by this License. For example, you may not (i) copy or reproduce any part of the Designs, except as permitted by law or Section 3 of this License; (ii) sublicense, copy, lend, lease, rent, transfer, or otherwise make any part of the Designs available to any third party, except in accordance with Section 5; (iii) alter, translate, adapt or modify the Designs in any way; or (iv) remove or alter the copyright notices of the Designs.

5. Assignment You may only assign the Designs to another party if that party takes the Designs subject to all the terms and conditions of this License. If you assign the Designs, you may not use the Designs or retain any copies of them in any format whatsoever and all of your rights under this License will immediately terminate.

6. Money Back Guarantee Without limiting any of the provisions of section 7 through 10, if for any reason you are not satisfied with the Designs you may return them in their original condition within 30 days of purchase for a full refund. If the store where you purchased the Designs does not support this money-back guarantee, you may return them directly to M. J. Embroidery. Contact M. J. Embroidery from the main web site to request a return authorization number. Then send the Designs, along with the original store receipt, to the address you are given with the return authorization number. M. J. Embroidery cannot accept returns without prior authorization.

7. LIMITED WARRANTY M. J. EMBROIDERY ONLY WARRANTS THAT THE DESIGNS WILL BE FREE FROM MATERIAL DEFECTS FOR A PERIOD OF 90 DAYS FOLLOWING ITS PURCHASE. IF A MATERIAL DEFECT OCCURS WITHIN 90 DAYS, YOU MAY RETURN THE DESIGNS TO M. J. EMBROIDERY FOR A FREE REPLACEMENT. EXCEPT FOR ANY ADDITIONAL RIGHTS THAT MAY EXIST IN YOUR JURISDICTION, THE FOREGOING REMEDY IS YOUR SOLE REMEDY FOR M. J. EMBROIDERY BREACH OF THIS WARRANTY.

8. DISCLAIMER WITH THE EXCEPTION OF THE FOREGOING EXPRESS WARANTY, THE DESIGNS ARE LICENSED TO YOU “AS IS.” M. J. EMBROIDERY DOES NOT REPRESENT OR WARRANT THAT THE DESIGNS, THEIR USE OR THE WORK PRODUCT PRODUCED USING THE DESIGNS: (i) WILL BE UNINTERRUPTED OR FREE OF INACURACIES OR ERRORS; (ii) WILL MEET YOUR REQUIREMENTS; OR (iii) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR OTHER SOFTWARE YOU MAY SELECT. M. J. EMBROIDERY HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITTNESS FOR A PARTICULAR PURPOSE, MERCHABILITY AND NON-INFRINGEMENT.

9. EXCLUSION M. J. EMBROIDERY WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOSS PROFITS, LOSS DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE DESIGNS, REGARDLESS OF THE NATURE OF THE CLAIM, AND EVEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. LIMITIATION IN NO EVENT WILL M. J. EMBROIDERY TOTAL LIABILITY FOR DAMAGES ARISING FROM, RELATING TO OR CONNECTED WITH THIS LICENSE OR THE DESIGNS EVER EXCEED THE PRICE YOU HAVE PAID FOR THE DESIGNS, REGARDLESS OF THE NATURE OF THE CLAIM.

APPLICABILITY OF EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS MAY NOT PERMIT CERTAIN OF THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS LICENSE, IN WHICH CASE THEY MAY NOT APPLY TO YOU.