Some words about Design Excess License
When a product is free, the same questions always arise: Is it truly free? Is it free forever? Any free product or service must have some form of funding, otherwise it couldn't be developed, distributed, or sustained over time. When we refer to this particular free software, funding is obtained through advertising… nothing very different from other software products and services you already know and use. You can obtain and use this software at no cost because this product includes advertisements; but alternatively, you can purchase a product with similar functional features if you prefer to avoid advertising. Is it free forever? We hope so, although it's a bit early to guarantee that. The key to the sustainability of this project is for the software to be adopted by a large number of users, and to achieve that, we are delivering a complete and powerful software that can satisfy most of the market. You can also help us ensure that this product remains freely available by spreading the word about this project through every possible means. As a prior experience, we have provided (and continue to provide) the Embroidery Explorer Plugin for free for over 10 years. Tens of thousands of users are currently using it, and thousands of new users register their products every year. We hope to replicate that same success with the DXS software.
This product can be used for personal, educational, and commercial purposes. Users can create designs for their own production and also for sale (exclusively in embroidery machine formats). Although the product is free for the user, the user does not acquire ownership of the product but rather a license to use the software (software license, right to use) governed by terms and conditions that the user must accept to, similar to commercial software products. For illustration purposes only, the users can recommend this product to other potential users but cannot copy and/or distribute the product since they do not have ownership or distribution rights. Additionally, the product must not be modified for any reason, nor used for purposes other than creating and editing designs on the computer where the product is installed. The user cannot sell system resources as if they were their own. For instance, the user can sell designs that include system pre-digitized font letters but cannot sell the system font letters themselves separately. The user-provided data for product registration must be valid and accurate. Periodic validation of contact information may be required.
Design Excess User License Agreement
LICENSE AGREEMENT FOR ROYALTY FREE SOFTWARE TERMS & CONDITIONS This Agreement sets forth the terms and conditions in which AR Robots S.A , a company incorporated and existing in Argentina, with registered offices in Rivera Indarte 565, Buenos Aires City, (“SIERRA-SOFTWARE”) grants a royalty free software use license. The license is granted to the person or entity installing the licensed software (“USER”). By installing the licensed software, USER accepts the terms and conditions set forth in this Agreement. If the USER does not accept this terms and conditions, is prevented to install and use the licensed software. 1. INTRODUCTION – OBJECT 1.1 SIERRA-SOFTWARE owns copyright and title over the software product named “Design Excess”, (“Software”). 1.2 USER wishes to install and use the Software. 1.3 By this Agreement, SIERRA-SOFTWARE grants USER a limited, royalty free and non-transferrable use license to USER, allowing USER to install and use the Software, according to the terms and conditions set forth hereby. 2. SCOPE OF LICENSE By this Agreement, SIERRA-SOFTWARE grants USER a non exclusive, non assignable and non transferable use license, allowing USER to install the Software in USER’s computers, and use it in all its extension. The Software can only be used by USER or its employees. The license granted herby can be terminated upon the occurrence of certain events, as described in this Agreement. The Software may display advertising on SIERRA-SOFTWARE’s products and services, as well as third parties, and may stop running in case the Software is unable to contact SIERRA-SOFTWARE’s servers. SIERRA-SOFTWARE may terminate this royalty free license at any time, in which case SIERRA-SOFTWARE shall send the users electronic previous notices, including messages while the Software is being used. 3. NON AUTHORIZED ACTS TO THE USER SIERRA-SOFTWARE reserves all the authorial faculties not expressly assigned by this Agreement. Only as reference it is clarified that: 3.1 USER shall not sub-license the software nor market it, total or partially in any way, being also prevented to copy the Software, as well as to provide copies of the Software to any third party, either free or for a charge. 3.2 USER shall not use the Software for third parties at any title, nor rent it or provide time-sharing services, being a condition of this license that the Software use is limited to USER’s internal purposes. 3.3 USER shall not reverse engineer the Software, and shall not use the Software or the information contained in the Software to develop software that might compete with the Software. 4. SYSTEM REQUIREMENTS In order to run fully and continuously, the Software must be activated before SIERRA-SOFTWARE, as described in the Software USER’s manual. USER shall be requested certain information regarding USER and its commercial activities in order to activate the Software. SIERRA-SOFTWARE shall only be authorized to use such information for its own purposes, but not to market or sell it to any third party. Activation and use requires the Software to be Internet on-line. In the event that the information provided by USER is false or cannot be validated, the license shall automatically be terminated, and the Software shall cease running. 5. NO OTHER WARRANTIES As the Software is provided royalty free to USER, the Software is provided to USER “as it is”, without warranty of any kind, expressed or implied, including the implied warranties of merchantability, non-infringement or fitness for a particular purpose. USER is recommended to test the Software extensively before using it in a productive environment, being USER the sole responsible to determine whether or not the Software serves USERs requirements and needs. SIERRA-SOFTWARE does not warrant that the functions contained in the Software will meet USER's requirements or that the Software operation will be entirely error free, or appear precisely as described in the Software documentation. SIERRA-SOFTWARE shall have no responsibility for USER’s Internet connection, or the Software performance or usability as affected by USER’s Internet connection, or SIERRA-SOFTWARE’s Internet servers. 6. CONFIDENTIALITY – TRADE SECRETS 6.1 SIERRA-SOFTWARE will provide USER with certain confidential information and documents for the better fulfillment of this Agreement. USER acknowledges that this information is confidential and proprietary of SIERRA-SOFTWARE and compromise himself to preserve it and maintain it confidential for all the term that might last the relationship between the parties. 6.2 Upon termination of the license granted hereby, USER compromises himself to return to SIERRA-SOFTWARE, the Distributor, or eventually to destroy, all the documents delivered to USER as per this Agreement within 10 days upon termination. 6.3 USER acknowledges that all the ideas, sequences, structure, organization, routines, procedures, algorithms, programs and user interfaces contained in the Software to which he accesses due to this Agreement, all of which are SIERRA-SOFTWARE’s Trade Secrets and proprietary information. USER hereby acknowledges that he is to prevent these Trade Secrets and proprietary information from disclosure, being an essential condition to this Agreement, because the disclosure of these Trade Secrets and proprietary information would deprive SIERRA-SOFTWARE from peaceful and exclusive use of its undisclosed information and Intellectual Property rights. Therefore, USER binds himself to maintain SIERRA-SOFTWARE’s secrets undisclosed and to notify by writing the obligation of maintaining in strict confidentiality to any member of its staff that may have access to the Software. 7. LICENSE TERMINATION SIERRA-SOFTWARE shall terminate this Agreement, without need to serve any previous notification to USER, if USER incurs in any of the followings situations: 7.1 Judicial or extra-judicial winding-up or bankruptcy process; 7.2 Commits a material breach of any term of this Agreement and fails to remedy such breach within ten (10) days after receiving written notice from SIERRA-SOFTWARE. SIERRA-SOFTWARE may suspend the license until receiving a satisfactory answer from USER. 7.3 SIERRA-SOFTWARE may suspend the license and USER’s right to use the Software if USER performs acts by which SIERRA-SOFTWARE may presume that the Software is being used in breach to this Agreement. In this case, SIERRA-SOFTWARE shall request USER clarifications to USER, and if they are not given satisfactorily, SIERRA-SOFTWARE shall have the right to terminate the license. 8. OBLIGATIONS AFTER TERMINATION Upon termination of this License, USER shall within the five (5) following days: 8.1 Delete any copy of the Software from its computers; 8.2 Destroy any physical support of the Software; 9. GENERAL DISPOSITIONS 9.1 The clauses’ headlines of this Agreement are not part of it, their purpose is mainly to facilitate its reading and do not restrain nor extend the agreed in the text. 9.2 If any of the provisions of this Agreement are found to be invalid, such invalidity will not nullify the rest of them, and the rest of the Agreement will remain valid and enforceable. 9.3 Any waiver to compliance of the terms of this Agreement will only bind the parties if in writing, it will be applied only to specified cases, and will not affect the terms and conditions agreed upon hereby. 9.4 This Agreement prevails over any previous Agreement between the parties in connection with the Software. 9.5 All the notifications permitted or required by this Agreement may be made electronically, including messages displayed to USER while the Software is being used, and USER expressly accepts the validity of such notifications. 10. DOMICILE AND JURISDICTION This Agreement will be construed, ruled and applied by the Argentine Law. Any difference among the parties will be resolved by the courts of the City of Buenos Aires, Argentina. 11. ADDITIONAL LICENSES 11.1 Portions of this product were created using LEADTOOLS (C)1991-2022, LEAD Technologies, Inc. ALL RIGHTS RESERVED. 11.2 This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit. (http://www.openssl.org/) 11.3 This product includes software developed by the Net::SSLeay and Crypto::SSLeay Perl module teams. Distributed with permission. 11.4 This product includes cryptographic software written by Eric Young (eay@cryptsoft.com). 11.5 This product includes software written by Tim Hudson (tjh@cryptsoft.com). 11.6 This product includes software developed by RemObjects Pascal Script and can be downloaded for free at "http://www.remobjects.com?ps"