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Old 04-06-2017, 05:14 PM
  #3605  
donna13350
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Join Date: Aug 2010
Location: Upstate New York
Posts: 1,231
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Yes...but...LOL....at the very top of that page you copied, they define "image" as the embroidery file itself...so you can't share, trade, sell, etc...the embroidery file. I think the confusion is coming in because we think of "image" as the stitched out design, but by their own definition, it is the file that stitches the design out.

Originally Posted by Cari-in-Oly View Post
No, you can't. Directly from Brother -

"Limited License and Scope.

The Images are licensed, not sold, to you. You have a nonexclusive, nontransferable, limited license to the Images for your own personal use within the United States and not for republication, distribution, assignment, sublicenses, sale, preparation of derivative works or other commercial use all in accordance with BIC's download policy. The Images which may be downloaded from the Site are for personal, private use only. Any commercial or business use is strictly forbidden by copyright laws. You agree that you will not distribute or otherwise provide the Images to any third party. You further agree to keep confidential and use your best efforts to prevent and protect the Images from unauthorized disclosure or use, including, but not limited to taking necessary steps to prevent use of the Images by individuals not specifically licensed to use the Images under these terms and conditions. BIC reserves all rights, title and interest to the Images not expressly granted to you under these terms and conditions.
Term and Termination of Limited License.

The license set forth herein is effective until terminated (i) by your deletion of any Images downloaded by you or (ii) automatically if you fail to comply with these terms and conditions. In the event that the license is terminated, you agree to destroy (or permanently erase) all copies of the Images. BIC may terminate this license at any time by providing notice to you by fax, email or letter.
Restrictions.

You are not permitted to sell, rent, lease, lend or otherwise transfer the Images on a permanent or temporary basis without the written consent of BIC. You are not permitted to distribute items containing the Images for a commercial purpose. You are not permitted, nor can you allow any third party, to remove any proprietary notices, labels or trademarks on the Images. You may not sublicense the Images, 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 these terms and conditions.
Ownership and Copyright.

All title, ownership rights, and intellectual property rights in and to the Images and any copies thereof are vested in and shall remain in BIC and/or its suppliers. You agree that you neither own nor hereby acquire any claim or right of ownership to the Images or to any related patents, copyrights, trademarks or other intellectual property. The Images are protected by the copyright laws and other intellectual property laws of the United States and international treaties. You may not copy the Images, except to download the Images to your computer or flash drive in order to transfer the Images to your embroidery machine. "

I'm not saying that people don't do it, and there is a way around it, it's getting a license from Disney(to the tune of mucho $$) to sell.

Cari
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