ATTENTION: THIS IS A LICENSE, NOT A SALE. THIS PRODUCT IS PROVIDED UNDER THE FOLLOWING LICENSE AGREEMENT AND ALL APPLICABLE ADDENDA ("LICENSE") WHICH DEFINE WHAT YOU MAY DO WITH THE PRODUCT AND CONTAIN LIMITATIONS ON WARRANTIES AND/OR REMEDIES. THIS LICENSE IS GRANTED BY COREL CORPORATION LIMITED FOR PRODUCTS PURCHASED OUTSIDE OF CANADA AND BY COREL CORPORATION FOR PRODUCTS PURCHASED IN CANADA. THIS LICENSE INCLUDES THE FOLLOWING:
1. GENERAL LICENSE AGREEMENT
2. TRIAL VERSION ADDENDUM TO THE GENERAL LICENSE AGREEMENT
3. ACADEMIC VERSION ADDENDUM TO THE GENERAL LICENSE AGREEMENT
4. OEM VERSION ADDENDUM TO THE GENERAL LICENSE AGREEMENT
GENERAL LICENSE AGREEMENT
IMPORTANT: CAREFULLY READ THIS LICENSE BEFORE USING THIS PRODUCT. INSTALLING, COPYING, OR OTHERWISE USING THIS PRODUCT INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO BE BOUND BY AND COMPLY WITH ITS TERMS. THIS LICENSE AGREEMENT IS YOUR PROOF OF LICENSE. PLEASE TREAT IT AS VALUABLE PROPERTY.
A. LICENSE:
COREL ("we" or "us") provides you with a computer program, computer software, including its code, objects including their APIs as well as any images, photographs, templates, animations, video, audio, music, text and "applets" incorporated into the software, the accompanying printed materials, a License, and "online" or electronic documentation (together called the "Product") and we grant you a license to use the Product in accordance with the terms of this License. Any supplemental software code and supporting materials provided to you as part of support services provided by COREL for the Product shall be considered part of the Product and subject to the terms and conditions of this License. The copyright and all other rights to the Product shall remain with us or our licensors. You must reproduce any copyright or other notice marked on the Product on all copies you make.
B. YOU MAY:
1. install and use one copy of the Product on a single computer. You may also make and use a second copy of the Product on a home or portable computer provided that copy is never loaded in the RAM of the home or portable computer at the same time it is loaded in the RAM of the primary computer.
2. also store or install a copy of the Product on a storage device, such as a network server, used only to install or run the Product on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the Product is installed or run from the storage device. A license for the Product may not be shared or used concurrently on different computers.
3. make one copy of the Product for archive or backup purposes.
4. except in the case of Academic and OEM edition Products which are non-transferable (see Academic Version Addendum and OEM Version Addendum), transfer the Product to someone else only if you assign all of your rights under this License, cease all use of the Product, erase or destroy any copy (including the hard disk copy) made in support of your use of the Product, and ensure that the person to whom you wish to transfer the Product agrees to the terms of this License.
6. if you have purchased this Product as an upgrade of either a Corel product or another vendor's product, you may continue to use your upgraded product with this Product. If you transfer this Product, you must either transfer the upgraded product at the same time you transfer the Product or destroy the upgraded product at the same time you transfer the Product. If the Product you have purchased is an upgrade of a Corel product, you now may use that upgraded product only in accordance with this License.
7. use only one (1) of the language versions if the Product provides you with a selection of Multiple Language Versions.
NOTE:
Corel products that provide PDF and/or TIFF-LZW and/or GIF and/or Postscript-LZW and/or LZW graphics capability utilize technology covered by U.S. Patent No. 4,558,302, and all foreign counterparts ("Unisys Patent"). The license granted to You hereunder permits you to use the Unisys Patent in conjunction with your use of this Product only. Use of any other product or the performance of any other activity involving the compression/decompression technology covered by the Unisys Patent requires a separate license from Unisys Corporation.
C. YOU MAY NOT:
1. use the Product or make copies of it except as permitted in this License.
2. translate, reverse engineer, decompile, or disassemble the Product except to the extent the foregoing restriction is expressly prohibited by applicable law.
3. rent, lease, assign, or transfer the Product except as set out in paragraph B above.
4. modify the Product or merge all or any part of the Product with another program.
5. separate the component parts of the Product for use on more than one computer.
If this Product is OEM:
7. you may not use or copy the Product if you received the Product as a standalone. The Product must be purchased in conjunction with the Corel approved partner products or services described in the Warning located on the Product storage media.
D. TERM:
This license shall remain in effect only for so long as you are in compliance with the terms and conditions of this agreement. This license will terminate if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of the Product. The Limitations of Warranties and Liability set out below shall continue in force even after any termination.
E. LIMITATION OF WARRANTIES AND LIABILITY:
THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. NEITHER WE NOR OUR DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
F. U.S. GOVERNMENT RIGHTS:
With respect to any acquisition of the Product by or for any unit or agency of the United States Government (the "Government"), the Product shall be classified as "commercial computer software", as that term is defined in the applicable provisions of the Federal Acquisition Regulation (the "FAR") and supplements thereto, including the Department of Defense (DoD) FAR Supplement (the "DFARS"). The Product was developed entirely at private expense, and no part of the Product was first produced in the performance of a Government contract. If the Product is supplied for use by DoD, the Product is delivered subject to the terms of this Agreement and either (i) in accordance with DFARS 227.7202-1(a) and 227.7202-3(a), or (ii) with restricted rights in accordance with DFARS 252-227-7013 (c)(1)(ii)(OCT 1988), as applicable. If the Product is supplied for use by a Federal agency other than DoD, the Product is restricted computer software delivered subject to the terms of this Agreement and (i) FAR 12.212(a); (ii) FAR 52.227-19; or (iii) FAR 52.227-14(ALT III), as applicable. The contractor/manufacturer is Corel Corporation Limited, Europa House, 3rd Floor, Harcourt Street, Dublin 2, Ireland.
G. ELIGIBILITY: To be eligible to download the Product you must be in compliance with applicable export laws. By accepting the End User License agreement you are representing and warranting to Corel you are compliant with the following statements: (i) you are not a citizen, national or resident of, and are not under the control of, the government of : Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, Serbia, Taliban-controlled areas of Afghanistan, nor any other country to which the United States has prohibited export; (ii) you will not download or otherwise export or re-export the Product, directly or indirectly, to the countries mentioned in clause (i) nor to citizens, nationals or residents of those countries; (iii) you are not listed in the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are you listed on the United States Department of Commerce Table of Denial Orders; (iv) you will not download or otherwise export or re-export the Product, directly or indirectly, to persons on the lists mentioned in clause (iii); and (v) you will not use the Product for, and will not allow the Product to be used for, any purposes prohibited by United States law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.
If you cannot represent and warrant that you are in compliance with the above statements, you are not eligible to download the Product.
H. GENERAL:
This License is the entire agreement between us, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This License shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada for product purchased in Canada and by the laws of the Republic of Ireland for product purchased outside of Canada, excluding that body of law applicable to choice of law and excluding the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable. If any provision of this License is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect. The parties have requested that this Agreement and all documents contemplated hereby be drawn up in English. Les parties aux prÈsentes ont exigÈ que cette entente et tous autres documents envisagÈs par les prÈsentes soient rÈdigÈs en anglais.
TRIAL VERSION ADDENDUM TO THE GENERAL LICENSE AGREEMENT
IF THIS PRODUCT IS IDENTIFIED AS A TRIAL VERSION, YOUR USE OF THE TRIAL VERSION PRODUCT IS GOVERNED BY THE TERMS OF THE GENERAL LICENSE AGREEMENT AS MODIFIED BY THE TERMS OF THIS TRIAL VERSION ADDENDUM. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THE GENERAL LICENSE AGREEMENT AND THIS TRIAL VERSION ADDENDUM, THE TERMS OF THE TRIAL VERSION ADDENDUM SHALL GOVERN.
THE PRODUCT IS A 30 DAY TRIAL VERSION ONLY AND WILL BECOME INOPERABLE 30 DAYS AFTER INSTALLATION. AFTER THIS DATE, YOU WILL NOT BE ABLE TO ACCESS ANY FILES CREATED WITH THIS TRIAL VERSION UNLESS YOU HAVE INSTALLED A RETAIL VERSION OF THE PRODUCT.
THIS TRIAL VERSION WILL BE BECOME COMPLETELY INOPERABLE ON __________________, 200_, REGARDLESS OF THE DATE OF INSTALLATION BY YOU.
THIS TRIAL VERSION CONTAINS A LIMITED NUMBER OF MAJOR MODULE(S) INCLUDED IN THE RETAIL VERSION OF THE PRODUCT AND THESE ARE THE ONLY MODULE(S) YOU WILL BE ABLE TO INSTALL. EXTRA VALUE COMPONENTS AND APPLICATIONS OF THE RETAIL VERSION OF THE PRODUCT ARE NOT INCLUDED. ALL REFERENCES TO OTHER APPLICATIONS, EXTRA LIBRARIES OR OTHER CD-ROMS THAT MAY APPEAR IN THIS TRIAL VERSION OF THE PRODUCT ARE NOT APPLICABLE.
YOU ARE GRANTED A LICENSE TO USE THE TRIAL VERSION OF THE PRODUCT ONLY. SUCH LICENSE SHALL CONTINUE FOR THE PERIOD SET OUT ABOVE, AFTER WHICH TIME YOUR LICENSE TO USE THE TRIAL VERSION SHALL TERMINATE.
ANY ATTEMPT TO CIRCUMVENT ANY EXPIRY DATE TECHNOLOGY/TIME BOMB MECHANISM OR OTHER MECHANISM CONTAINED WITHIN THE SOFTWARE WHICH IS INTENDED TO LIMIT YOUR ABILITY TO USE THE SOFTWARE TO A SPECIFIED PERIOD IS A VIOLATION OF THIS LICENSE. ANY ATTEMPT TO CIRCUMVENT ANY SUCH EXPIRY DATE TECHNOLOGY/TIME BOMB MECHANISM SHALL RESULT IN THE IMMEDIATE TERMINATION OF YOUR LICENSE TO USE THE SOFTWARE.
ACADEMIC EDITION ADDENDUM TO THE GENERAL LICENSE AGREEMENT
IF THIS PRODUCT IS IDENTIFIED AS AN ACADEMIC EDITION, YOUR USE OF THIS PRODUCT IS GOVERNED BY THE TERMS OF THE GENERAL LICENSE AGREEMENT AS MODIFIED BY THE TERMS OF THIS ACADEMIC EDITION ADDENDUM TO THE GENERAL LICENSE AGREEMENT. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THE GENERAL LICENSE AGREEMENT AND THIS ACADEMIC EDITION ADDENDUM, THE TERMS OF THIS ACADEMIC ADDENDUM TO THE GENERAL LICENSE AGREEMENT SHALL GOVERN.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE GENERAL LICENSE AGREEMENT, YOU MAY NOT TRANSFER OR ASSIGN THE PRODUCT OR ANY COPY THEREOF, OR YOUR LICENSE TO USE THE PRODUCT TO A THIRD PARTY.
If you have purchased this Product as part of the Student Campus Reward Option for Learning (SCROL) Program, paragraph D of the General License Agreement shall be deleted and replaced with the following:
D. TERM: This license shall remain in effect only for so long as you are a registered full-time student or a faculty member at an accredited higher education institution. This license shall terminate in the event you are no longer a registered full-time student or a faculty member at an accredited higher education institution. For the purposes of this License, "accredited higher education institution" shall mean either a publicly or privately owned vocational or correspondence school; junior college; college; university or scientific or technical institute recognized by the appropriate ministry or department of education. In addition this License will terminate if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of the Product. The Limitations of Warranties and Liability set out below shall continue in force even after any termination.
OEM EDITION ADDENDUM TO THE GENERAL LICENSE AGREEMENT
OEM PRODUCT IS SOLD UNDER LICENSE IN CONJUNCTION WITH COREL APPROVED PARTNER PRODUCTS OR SERVICES WHICH ARE DESCRIBED IN THE WARNING LOCATED ON THE STORAGE MEDIA. IF THIS PRODUCT IS IDENTIFIED AS AN OEM EDITION, YOUR USE OF THIS PRODUCT IS GOVERNED BY THE TERMS OF THE GENERAL LICENSE AGREEMENT AS MODIFIED BY THE TERMS OF THIS OEM EDITION ADDENDUM TO THE GENERAL LICENSE AGREEMENT. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THE GENERAL LICENSE AGREEMENT AND THIS OEM EDITION ADDENDUM, THE TERMS OF THIS OEM ADDENDUM TO THE GENERAL LICENSE AGREEMENT SHALL GOVERN.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE GENERAL LICENSE AGREEMENT, YOU MAY NOT TRANSFER OR ASSIGN THE PRODUCT OR ANY COPY THEREOF, OR YOUR LICENSE TO USE THE PRODUCT TO A THIRD PARTY.
IMPLIED, ARISING BY STATUTE, OPERATION OF LAW OR OTHERWISE, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
