© COPYRIGHT NOTICE All ESA font designs are copyrighted by Dress Crest Embroidery Co. Ltd. The fonts may not be distributed electronically in any format or by any method, either altered or unaltered, without the express written permission of Dress Crest Embroidery Co. Ltd.. PLEASE NOTE: sharing or selling the ESA font files is NOT permitted under any circumstances. ESA fonts can be used within finished items for sale and can be used for adding the embroidered text within digitized designs for sale which are converted to embroidery formats. They cannot, however be converted from an ESA file to stitch files and sold as font sets of themselves. ESA fonts cannot be sold as a font set converted to stitches files (including BX format), even if other designs are included. By purchasing this design, you acknowledge that you agree to the License Terms. Dress Crest Embroidery Co. Ltd. grants the purchaser to unlimited use of its font designs. USER LICENSE AGREEMENT Dress Crest Embroidery Co. Ltd., is providing you a limited license to use the embroidery design files (the “Font Design Files”) subject to the terms of this USER LICENSE AGREEMENT (this “Agreement”).
IMPORTANT – PLEASE READ CAREFULLY THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Dress Crest Embroidery Co. Ltd. FOR USE OF THE ESA FONT FILES FOR WHICH YOU HAVE PAID THE DESIGNATED LICENSE FEE. BY PURCHASING THE ESA FONT FILE(S) YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOLLOWING TERMS AND AGREE TO BE BOUND BY THEM. YOU ALSO ACKNOWLEDGE THAT THIS AGREEMENT IS THE ONLY AGREEMENT BETWEEN YOU AND Dress Crest Embroidery Co. Ltd. REGARDING THE ESA FONTS. IF YOU DO NOT AGREE TO THESE TERMS, Dress Crest Embroidery Co. Ltd. IS UNWILLING TO GRANT YOU THIS LICENSE.
1. LICENSE AND SCOPE. The ESA Font Files are licensed, not sold, to you. You have a nonexclusive, nontransferable, limited license to use the ESA Font Files. THIS LICENSE IS LIMITED TO YOUR OWN PERSONAL, INTERNAL USE ONLY. You agree that you will not distribute or otherwise provide the ESA Font Files to any third party. You further agree to keep confidential and use your best efforts to prevent and protect the ESA Font Files from unauthorized disclosure or use, including, but not limited to taking necessary steps to prevent use of the ESA Font Files by individuals not specifically licensed to use the ESA Font Files under this Agreement. WilcomEmbroideryFonts.com reserves all rights, title and interest to the ESA Font Files not expressly granted to you under this Agreement.
2. RESTRICTIONS:. You are not permitted to sell, rent, lease, lend or otherwise transfer the ESA Font Files on a permanent or temporary basis without the written consent of Dress Crest Embroidery Co. Ltd.. You are not permitted, nor can you allow any third party, to remove any proprietary notices, labels or trademarks on the ESA Font Files. You are not permitted, nor can you allow any third party, to use Dress Crest Embroidery Co. Ltd. or Dress Crest Embroidery Co. Ltd. suppliers’ names, logos, or trademarks in any manner including, without limitation, in your advertising or marketing materials, except to the minimum extent necessary to affix the appropriate copyright or other proprietary notices, if applicable. You may not sublicense the ESA Font Files, or assign, delegate or otherwise transfer this license or any of the related rights or obligations for any reason. Any attempt to make any such sublicense, assignment, delegation or other transfer by you shall be void and shall void your rights to use the license granted by this Agreement.
3. OWNERSHIP & COPYRIGHT: All title, ownership rights, and intellectual property rights in and to the ESA Font Files and any copies thereof are vested in and shall remain in Dress Crest Embroidery Co. Ltd. and/or its suppliers. You agree that you neither own nor hereby acquire any claim or right of ownership to the ESA Font Files or to any related patents, copyrights, trademarks or other intellectual property. This license is not on sale of the original or any subsequent copy. The ESA Font Files are protected by the copyright laws and other intellectual property laws of the United States and international treaties. You may not copy the ESA Font Files, except to transfer the embroidery file to your embroidery machine. You may also make one copy of an ESA Font File for back-up or archival purposes only.
4. PRODUCTS CREATED FROM DESIGN: Dress Crest Embroidery Co. Ltd. grants the purchaser to unlimited use of its ESA Font for personal use. You acknowledge that copyright laws, trademark laws, and other intellectual property laws may prevent the use of any products created with the ESA Font Files if such products copy, imitate, mimic, emulate, approximate, depict or otherwise infringe on designs, images, or other protected works in the United States or other countries. You acknowledge and agree that it is your responsibility to ensure that products created with the ESA Font Files – particularly products intended for sale and distribution – do not infringe on the intellectual property rights of third parties not associated with Dress Crest Embroidery Co. Ltd. and its suppliers.
5. TERM AND TERMINATION: The license is effective until terminated. You may terminate this license at any time by deleting all of the downloaded ESA Font Files. This license automatically terminates if you fail to comply with its terms and conditions. You agree that, upon such termination, you will destroy (or permanently erase) all copies of the ESA Font Files. Dress Crest Embroidery Co. Ltd. may terminate this license at any time by providing notice by fax, email, or letter and refunding the purchase price of the ESA Font.
6. NO WARRANTY: TO THE MAXIMUM EXTENT PROVIDED UNDER APPLICABLE LAW, THE ESA FONT FILES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Such jurisdictions give you specific legal rights and you may also have other rights, which vary, from jurisdiction to jurisdiction.
7. LIMITATION OF REMEDIES AND LIABILITIES: TO THE MAXIMUM EXTENT PROVIDED UNDER APPLICABLE LAW, IN NO EVENT WILL Dress Crest Embroidery Co. Ltd. OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE NATURE OF THE CLAIM, EVEN IF Dress Crest Embroidery Co. Ltd. KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PROVIDED UNDER APPLICABLE LAW, Dress Crest Embroidery Co. Ltd. TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO Dress Crest Embroidery Co. Ltd. UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO LIABILITY. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.
Some jurisdictions do not allow the exclusion or limitations of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
8. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND: The ESA Font Files are a “commercial item” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Software with only those rights set forth therein.
9. LICENSEE INDEMNIFICATION: You agree that you shall indemnify and hold Dress Crest Embroidery Co. Ltd., and its officers, directors, employees, and suppliers (each an ” Dress Crest Embroidery Co. Ltd. Indemnitee”) harmless from any and all liabilities, losses, costs, damages and expenses, including, without limitation, reasonable attorneys’ fees, that an Dress Crest Embroidery Co. Ltd. Indemnitee suffers or incurs in connection with any claim, action, demand, or other legal action brought by a third party arising from or relating to: (i) any breach by you of this Agreement; or (ii) any claims related to products created by you in connection with your use of the Design Files.
10. VIRUSES: In the unlikely event your ESA Font downloaded from Dress Crest Embroidery Co. Ltd. contains a virus, Dress Crest Embroidery Co. Ltd. agrees to either replace the affected design or refund the purchase price associated with the affected font. Dress Crest Embroidery Co. Ltd. liability is limited to replacement or refund of only the virus-infected design downloaded from Dress Crest Embroidery Co. Ltd. and does not include any costs associated with repairing or replacing any computer components, hardware, additional software, computer files or any other costs associated with repairing, replacing or removing virus-infected files from your computer. Dress Crest Embroidery Co. Ltd. will cover this liability only if the virus resulted through no fault of your own from purchases made through Dress Crest Embroidery Co. Ltd. while using our secure server.
11. GENERAL PROVISIONS Dress Crest Embroidery Co. Ltd. may freely assign this Agreement, or delegate its obligations under this Agreement, in whole or in part, to any third party. This Agreement will be governed by the laws of the Province of Ontario without regard to conflicts of law principles that would require the application of the laws of any other jurisdiction. THE PROVISIONS OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT WILL NOT APPLY TO THIS AGREEMENT. The Parties’ rights and remedies under this Agreement are cumulative. If any legal action is brought to enforce this Agreement, the prevailing party will be entitled to receive its reasonable attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive. All waivers must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. The section headings used in this Agreement are for convenience and are not to be used in interpreting this Agreement. As used in this Agreement, the word “including” means “including, but not limited to.” This Agreement constitutes the complete and entire agreement between the Parties regarding the subject hereof and supercedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. This Agreement may be amended only by a written document signed by both Parties. The terms of any e-mail, purchase order, order confirmation, receipt or download confirmation, or similar document submitted by you to Dress.
12. The Websites
The websistes may serve as an online social network through which Users may communicate and interact with other Users, share their own User Submissions and view the User Submissions of other Users. Dress Crest Embroidery Co. Ltd offers for sale through the Websites products pertinent to embroidery fonts.
- Access to the Websites
- In order to access the Websites, you will have to create an account. You may never use another’s account without his or her express permission and you may not provide another person with the username and password to access your account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Dress Crest Embroidery Co. Ltd immediately of any breach of security or unauthorized use of your account. Although Dress Crest Embroidery Co. Ltd will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Dress Crest Embroidery Co. Ltd or others due to such unauthorized use.
- You agree not to collect any personally identifiable information, including account names, from the Websites, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Websites.
- Profiles, User Submissions and Instructor Submissions
- You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. The information provided in the User Submissions will not be treated as confidential and you shall not expect any information provided in the User Submissions to be private. For the sake of clarity, do not submit any information as User Submissions which you wish to be kept private and confidential.
- In connection with your User Submissions and otherwise in connection with your use of the Websites and Applications, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Dress Crest Embroidery Co. Ltd all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Dress Crest Embroidery Co. Ltd or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, offensive, discriminatory on the basis of race, ethnicity, gender or sexual orientation, or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (iv) post advertisements or solicitations of business; (v) impersonate another person or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; (vi) harvest or collect email addresses or other contact information of other Users from the Websites by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (vii) use the Websites in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Websites; (viii) upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (ix) upload, post, transmit, share, store or otherwise make publicly available on the Websites any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; (x) solicit personal information from anyone under 18 years of age or solicit passwords or personally identifying information for commercial or unlawful purposes; (xi) upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xii) intimidate or harass another; (xiii) upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, provincial, national or international law; (xiv) use or attempt to use another’s account, service or system without authorization from Dress Crest Embroidery Co. Ltd, or create a false identity on the Websites; or (xv) upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Dress Crest Embroidery Co. Ltd is objectionable or which restricts or inhibits any other person from using or enjoying the Websites, or which may expose Dress Crest Embroidery Co. Ltd, the Website or its Users to any harm or liability of any type.