Brother International SE2000 Operation Manual - Page 8
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5 Termination 6.7 This Agreement is governed by the laws of 5.1 Company shall have the right to terminate this Agreement at any time by providing a written notice to you if you commit a material breach of any terms of this Agreement and fail to immediately rectify such breach upon Company's request. 5.2 Upon termination for any reason all rights granted to you under this Agreement shall cease, you shall cease all activities authorized by this Agreement and you shall immediately delete or remove the Software from all computer equipment in your possession and delete or destroy all copies of the Software or its derivative works in your possession. In addition to the above, you shall delete contents or design data created by you from the Company Product in your possession. 6 Miscellaneous terms 6.1 You shall not export or re-export the Software 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. 6.8 The Company may update this Agreement in the below 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. The Company will notify you and give you the opportunity to review any material changes or updates to the Agreement, by posting a notice on the Company's website or a website specified by the Company at least 30 days before the Agreement enters into effect. Once the updated Agreement is in effect, you will be bound by it if you continue to use the Software. or any copy or adaptation thereof in violation of any applicable laws or regulations. 6.2 You shall not assign all or any part of this Agreement to any third party or any interest therein, without prior written consent of Company. A change of control or reorganization of you pursuant to a merger, sale of assets or stock shall be deemed to be an WARNING SIGN assignment under this Agreement. 6.3 You agree that a breach of this Agreement will cause irreparable injury to Company for which monetary damages would not be an adequate remedy and Company shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages. ■ Side cutter (sold separately with some models) The following warning label pertains to the side cutter. Do not touch the knives or connecting fork of the side cutter while sewing to avoid equipment damage or injury. For details, refer to "Sewing overcasting stitches using the side cutter (sold separately with some models)" on page 52. 6.4 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. 6.5 This Agreement, together with all exhibits or other attachments referenced herein, constitutes the entire agreement between the parties on the subject matter hereof, and supersedes all proposals, oral and written, between the parties on this subject. 6.6 If Company fails to insist that you perform any of your obligations under this Agreement, or if Company does not enforce any rights against you, or if Company delay in doing so, that will not mean that Company have waived any rights against you and will not mean that you do not have to comply with those obligations. If Company does waive a default by you, Company will only do so in writing, and that will not mean that Company will automatically waive any later default by you. 6