598 lines
39 KiB
Plaintext
598 lines
39 KiB
Plaintext
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IMPORTANT NOTICE: PLEASE READ THIS END-USER
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LICENSE AGREEMENT (EULA) CAREFULLY
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BY DOWNLOADING, ACCESSING, INSTALLING OR USING THE SOFTWARE AND
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DOCUMENTATION ("SOFTWARE"), YOU AGREE TO THE TERMS OF THIS EULA. IF YOU DO
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NOT AGREE TO THE TERMS OF THIS EULA, DO NOT DOWNLOAD, INSTALL, ACCESS OR
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USE THE SOFTWARE. THIS EULA CONTAINS DISCLAIMERS OF WARRANTIES AND
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LIMITATIONS OF LIABILITY AND EXCLUSIVE REMEDIES. THE PROVISIONS BELOW FORM
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THE ESSENTIAL BASIS OF OUR AGREEMENT.
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This EULA is a legal agreement between You and Corel Corporation,
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including its subsidiaries, affiliates and contractors acting on Our
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behalf (collectively "Corel", "Us", "We", or "Our") regarding Your use of
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the Corel, or one of its subsidiary's Software. Corel includes WinZip
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Computing S.L. that is owned separately by Corel. Unless You have another
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written agreement with Corel regarding this Software, then Your use of
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this Software is governed by this EULA. From time to time, We may in Our
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sole discretion update or modify the EULA. The most recent version of the
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EULA is located at: http://www.corel.com/eula
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IF YOU AGREE TO THIS EULA, YOU ARE GRANTED A LIMITED, PERSONAL, WORLDWIDE,
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ROYALTY-FREE, NON-ASSIGNABLE, NON-SUBLICENSEABLE, NON-TRANSFERABLE AND
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NON-EXCLUSIVE LICENSE TO USE THE SOFTWARE. YOU ARE PERMITTED TO USE ONE
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(1) COPY OF THE SOFTWARE FOR YOUR (A) PRIVATE, NON-COMMERCIAL PURPOSES AS
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A PRIVATE USER, AND/OR (B) COMMERCIAL PURPOSES AS A SERVICE PROVIDER IN A
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COMMERCIAL BUSINESS ("BUSINESS USER"). THIS SOFTWARE IS LICENSED PER
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HOUSEHOLD OR PER SINGLE ADDRESS ("ADDRESS"). EXCEPT FOR THE COREL PRODUCTS
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LISTED BELOW, YOU MAY ONLY DOWNLOAD AND INSTALL THE SOFTWARE ON ONE
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COMPUTING DEVICE. YOU MAY NOT RE-INSTALL THE SOFTWARE ON A SECOND
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COMPUTING DEVICE UNLESS THE ORIGINAL COMPUTING DEVICE FAILS, IF
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AUTHORIZATION CODES ARE REQUIRED YOU MAY NEED TO CONTACT CUSTOMER SERVICE
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AND REQUEST APPROVAL TO RE-INSTALL THE SOFTWARE ON A NEW COMPUTING DEVICE,
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AND YOU CERTIFY TO COREL THAT YOU DEINSTALLED THE SOFTWARE FROM THE FAILED
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COMPUTING DEVICE. PRIVATE AND BUSINESS USERS OF AFTERSHOT, COREL CAPTURE,
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COREL CONNECT, COREL WEBSITE CREATOR, CORELDRAW, COREL DESIGNER, CORELCAD,
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COREL OFFICE, COREL PAINTER, COREL PDF FUSION, PAINTSHOP PRO, PAINTSHOP
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PHOTO PRO, PARADOX, COREL PHOTO-PAINT, PRESENTATIONS, QUATTRO PRO, WINZIP
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SOFTWARE AND WORDPERFECT THAT HAVE MULTIPLE COMPUTING DEVICES (E.G.,
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STAND-ALONE COMPUTER, LAP-TOP AND MINI/PORTABLE PC), MAY DOWNLOAD AND
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INSTALL ANY OF THESE SOFTWARE PRODUCTS ON UP TO THREE (3) SYSTEMS IN A
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SINGLE ADDRESS, HOWEVER IT CAN ONLY BE USED BY YOU ON ONE (1) SYSTEM AT A
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TIME. IF YOU HAVE PURCHASED MULTIPLE LICENSES FOR THE SOFTWARE, AT ANY
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TIME YOU MAY HAVE AS MANY COPIES OF THE SOFTWARE IN USE AS YOU HAVE
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LICENSES.
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LICENSE TO USE THE SOFTWARE. The Software is licensed to You, not sold to
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You. You must lawfully acquire the Software from Us, or Our authorized
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resellers. Otherwise You don't have a right to use the Software. You may
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only purchase and/or download the Software from Corel's or its authorized
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reseller's store, eStore, or website that is located in the country in
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which you hold legal residency. This EULA does not apply to any Software
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installed on a hardware partition, blade, or terminal server, or in any
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other virtualization environment (collectively "Virtualization
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Environment"). You may not allow the Software to be accessed, operated, or
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viewed from, or installed or uploaded to, other computers through a
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network connection. A separate license agreement must be entered into with
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Corel to obtain the right to use the Software for a Virtualization
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Environment, network connections or volume purchases. You agree that if
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the Software requires mandatory activation or email validation, You will
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complete the process providing Corel with accurate information. Your use
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of the Software is suspended until You complete the activation and/or
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registration process. The Software may include digital images, stock
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photographs, clip art, fonts, sounds or other artistic works ("Stock
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Files"). The responsibilities and restrictions relating to the Software
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apply to the Stock Files. Corel reserves all rights not expressly granted
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to You in this EULA. BUSINESS USERS: If You are a business, You agree to
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maintain records, systems and/or procedures that accurately record of the
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number of copies of the Software that have been acquired and installed on
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Your Computers and will keep the records for two (2) years from the date
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Your license to use the Software ends. Corel may conduct an audit
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(remotely or at Your facility) of records and systems from Your business,
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to verify that Your installation of the Software conforms with a valid
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license from Corel. Corel will not conduct more than one (1) audit per
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year. If the audit results find that Your use does not conform to a valid
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license, then You will immediately obtain a valid license for the
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Software.
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YOUR RESPONSIBILITIES WHILE USING THE SOFTWARE. With regard to Your Use of
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the Software under this EULA, You have certain responsibilities. The
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Software may include product activation and other technology designed to
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prevent unauthorized use and copying. You may not sell, rent, lease,
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resell, or loan the Software. If You purchase the Software as a gift to a
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third person, the third person must accept the terms of this EULA before
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using the Software. You may not reverse engineer, decompile or disassemble
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the Software. While We own Our Software, You own and are responsible for
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the content ("Content") that You create or have created for You resulting
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from the use of Our Software (including any add-ons or plug-ins to Our
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Software that You create or have created for You). You agree that, in
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connection with Your use of the Software, You are responsible for the
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direct and/or indirect consequences of any of the (a) Content You create
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and (b) third party photos or images that You use or modify in creating
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Your Content, especially in situations where You share Your Content with
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family, friends, clients and/or third parties such as members of social
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networking sites (e.g., Facebook, Flickr, LinkedIn, etc.). Corel can
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neither monitor nor control what third party social networking sites or
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the members or users of such sites do with Your content You share. You are
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responsible for independently verifying the accuracy and completeness of
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Your content (e.g. any technical illustrations or diagrams for operation
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guides, parts catalogs, schematics, writing diagrams, assembly
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instructions, maintenance manuals, architectural presentations or other
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materials You create and/or modify using Our Software). You may not modify
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or create derivative works based upon the Software. You represent and
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warrant to Us that You will comply with all applicable laws and
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regulations impacting Your use of the Software including data protection
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and privacy laws. You agree that You will not use the Software in a way
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that is unlawful or that violates the rights of a third party. If We get
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sued or a claim is brought against Us by a third party due to (a) Your
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actions, (b) Your failure to act when required, or (c) Your content, then
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You agree to defend, indemnify and hold Corel harmless. You may receive
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updates, bug fixes, feature enhancements or improvements, or other data
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relating to the Software (collectively "Updates") downloaded to Your
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computer with a notice describing what is included in the Update and the
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purpose of the Update. You will have to choose either to install the
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Update on Your computer device or opt out and not install the Update. If
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You do not install the Updates the Software may not perform properly.
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OUR INTELLECTUAL PROPERTY RIGHTS. The Software is protected by United
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States and Canadian Intellectual Property laws and international
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intellectual property laws and treaty provisions. Therefore, You may not
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distribute the Software without Our permission. If You purchase or
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download the Software in China, India, Indonesia or Vietnam, You may not
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copy the Software or printed materials accompanying the Software for any
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purpose. If You purchase or download the Software in a country not
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specifically prohibited under this EULA, You may only make one (1) copy of
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the Software or You may keep one (1) copy of the Software on a single hard
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drive for backup or archival purposes. For backup or archival purposes
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only, You may either make only one (1) copy of the Software and the
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Printed Materials or print one copy of any user documentation if You
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downloaded the Software or You may keep one (1) copy the Software and
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printed materials (or User Documentation) on a single hard drive.
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Otherwise, You may not copy the Software or the printed materials
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accompanying the Software (or print copies of any user documentation if
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You downloaded the Software). You agree that Corel, the Corel logos, and
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other Corel trademarks, service marks, and graphics are trademarks of
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Corel (some in the United States and/or other countries) or are trademarks
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of Corel's partners ("Marks"). You are not granted a right to use Marks
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without the owner's permission. You will not remove, obscure or alter any
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proprietary notices affixed to or contained within the Software. You
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understand and agree that We have the right to stop selling, distributing,
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servicing or updating the Software (any part of it), and services or
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offerings at any time.
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USAGE AUDITING, PIRACY AND OUR PRIVACY POLICY. Our audit and collection of
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any of Your data and Your use of the Software is subject to Corel's
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Privacy Policy (http://www.corel.com/privacy). We may audit Your software
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usage for anti-piracy purposes, to verify a valid registration, and
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identify if new Updates are available for Your Computer prior to sending
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You a notice to install a new Software Update, and to assess Your use of
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the Software. You consent to the Software sending usage data (e.g., the
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number of instances the Software is launched, the device IP address,
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and/or the version of the Software), for registration, authentication, use
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and anti-piracy auditing and enforcement purposes.
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PRE-COMMERCIAL RELEASE OR BETA SOFTWARE. If the Software You have received
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with this EULA is a pre-commercial release or a beta version, then You
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understand the Software is pre-release, non-commercial version and does
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not represent a final product of Corel. The Software may contain bugs,
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errors and other problems that could cause computer system failures and
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data loss. THEREFORE, ALL PRE-RELEASE OR BETA SOFTWARE IS PROVIDED ON AN
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"AS-IS" BASIS AND COREL DISCLAIMS ANY AND ALL WARRANTIES OR LIABILITY TO
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YOU OF ANY KIND.
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ACADEMIC SOFTWARE. If the Software is identified as an academic or
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education edition version in the user documentation, on the packaging of
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the Software or on the purchase or download page of the website, and You
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qualify as an academic end user, You may install and access one (1) copy
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of the Software on up to the permitted number of computers, as agreed to
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by You and Corel, but only for educational purposes and for no other
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purpose. Academic versions of the Software may not be used for commercial,
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professional, or other for-profit purposes. Notwithstanding the foregoing,
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You are not entitled to use the Software unless You qualify in Your
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jurisdiction as an academic end user (e.g., student or personal learning
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versions of the Software may only be used by faculty, staff members and
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degree, diploma or certificate-seeking students at qualified educational
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institutions). Contact Corel via Our Academic Software web page
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(http://www.corel.com/education) or Your local Corel authorized reseller
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to determine whether You qualify as an academic end user and to learn more
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about Our academic programs and products. Work product and other data
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created with academic or education edition versions of the Software may
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contain certain notices and limitations that make the data unusable
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outside the educational use area. If You combine or link data created with
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educational institutional versions, student versions, or personal learning
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editions of the Software with data otherwise created, then that data may
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also be affected by these notices and limitations. Corel shall have no
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responsibility or liability whatsoever if You combine or link data created
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with educational institutional versions, student versions, or personal
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learning editions of the Software.
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Student and Teacher, Home and Student, Home Edition Addendum. If this
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Software is clearly labeled a Student and Teacher, Home and Student or
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Home Edition, Your Use of this Software is governed by the terms of this
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EULA as modified by the paragraph below. In the event of any conflict
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between the terms of this EULA and the paragraph below, the paragraph
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below shall govern.
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You may install and USE, at the same time, this Student and Teacher, Home
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and Student or Home Edition Software on up to three (3) computers at Your
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Address. Notwithstanding anything to the contrary in the EULA, You may not
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(a) transfer or assign this Software to a third party; or (b) use this
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Software for any commercial purpose or in any commercial enterprise or
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business. This Software may only be used for personal purposes in a
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non-commercial environment.
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EVALUATION SOFTWARE. If the Software is identified as a demonstration,
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evaluation, trial, "not for sale" ("NFS") or "not for resale" ("NFR")
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version ("Evaluation Version") in the applicable user documentation You
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may install and access one (1) copy of the Software only for the purpose
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of evaluation and/or demonstration. Unless You are authorized by Corel,
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You may not use Our Software for competitive analysis, or commercial,
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professional, or other for-profit purposes. You understand that at the end
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of the evaluation period, You must either stop using the Software or pay
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for the Software to continue using it. If You fail to pay for it, then
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Your license terminates. Upon expiration of the evaluation period, You
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will immediately discontinue use of the Evaluation Version and delete and
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destroy all electronic copies of the Evaluation Version including, but not
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limited to, all user documentation that may have been provided as part of
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the evaluation from Your computer and any other computer devices on which
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You have installed the Evaluation Version. Any attempt to circumvent any
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expiration date technology is in violation of this EULA and will
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automatically and immediately terminate Your license to use the Evaluation
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Version. Notwithstanding the foregoing, additional terms apply to the
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WinZip products, as set forth below in the Additional License Terms
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section of this EULA.
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OEM EDITION PRODUCT. If the Software is identified as an OEM Edition
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product, You may only use the Software with the original computer or
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electronic equipment (the "Original Equipment") with which the Software
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was first bundled
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LIMITED AND RESTRICTED WARRANTY. If You purchased the Software on a
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computer disc, then Corel warrants that the media on which Software is
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furnished will be free of defects in materials and workmanship under
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normal use for a period of ninety (90) days from the date You purchased
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the Software. The Software when properly installed and under normal use
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will substantially conform to the features and functionality as set forth
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in the documentation accompanying the Software, however, the Software may
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contain normal bugs and errors. Therefore, the Software is provided on an
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"AS IS" basis with the understanding that bug fixes and Updates will be
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provided from time to time. This warranty is valid only for the original
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purchaser of the Software. IF THE DISC IS DEFECTIVE, THEN COREL'S ENTIRE
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LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL BE
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REPLACEMENT OF THE DEFECTIVE COMPUTER DISC IF YOU RETURN THE DEFECTIVE
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DISC TO US WITH A COPY OF YOUR RECEIPT. Your right to a replacement of the
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Software is void if the damage to the disc is a result of accident, abuse
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or misapplication. Any replacement Software will be warranted for the
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remainder of the original warranty period. YOU ASSUME ALL RESPONSIBILITIES
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FOR CHOOSING, INSTALLING, AND USING THE SOFTWARE. TO THE MAXIMUM EXTENT
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PERMITTED BY APPLICABLE LAW, COREL DISCLAIMS ALL OTHER WARRANTIES, EITHER
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EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
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MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
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WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS.
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SOME STATES OR COUNTRIES DO NOT ALLOW THE WARRANTY EXCLUSION OR
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LIMITATIONS; THE ABOVE LIMITATION MAY NOT APPLY TO YOU. In such instances
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and as long as You obtained the Software from Corel, or a Corel authorized
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reseller, Corel may remedy substantial defects of the Software at its
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reasonable discretion by (a) providing a patch, Update or replacement of
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the Software, or (b) asking for return of the Software and cancelling the
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EULA. You are entitled to a reduction of the purchase price or a
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rescission of the EULA only if Corel has repeatedly failed to remedy the
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defect after a reasonable period of time. If You are a consumer, Your
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claims under this clause are time-barred in twenty-four (24) months; if
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You are a business, Your claims under this clause are time-barred in
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twelve (12) months. If You alter the Software in any way without being
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authorized by Corel, Corel will not remedy defects caused by such
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alteration and You are liable for any damages incurred by Corel due to
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Your unauthorized alteration. IF YOU INSTALL PRE-RELEASE VERSION PRODUCTS
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MARKED AS SUCH, YOU DO SO AT YOUR OWN RISK. Pre-release version products
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are to be used only for test purposes in testing environments and must not
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be used for production purposes. To make a warranty claim You must provide
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a detailed error description to Corel Customer Service or, at Corel's
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request, return the Software along with any return materials authorization
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information provided to You by Corel, at Corel's expense, to Corel
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Corporation, 1600 Carling Avenue, Ottawa, Ontario, K1Z 8R7, Canada. For
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further warranty information, please contact Corel Customer Service at
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www.corel.com.
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NO LIABILITY FOR OPEN SOURCE MATERIALS. THE SOFTWARE MAY CONTAIN "OPEN
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SOURCE" MATERIALS (E.G., ANY SOFTWARE SUBJECT TO OPEN SOURCE, COPYLEFT,
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GNU GENERAL PUBLIC LICENSE, LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL
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PUBLIC LICENSE, MOZILLA LICENSE, BERKELEY SOFTWARE DISTRIBUTION LICENSE,
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OPEN SOURCE INITIATIVE LICENSE, MIT, APACHE OR PUBLIC DOMAIN LICENSES, OR
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SIMILAR LICENSE). COREL MAKES NO WARRANTIES, AND SHALL HAVE NO LIABILITY,
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DIRECT OR INDIRECT, WHATSOEVER WITH RESPECT TO OPEN SOURCE MATERIALS
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CONTAINED IN THE SOFTWARE.
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NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE
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COST OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR COMPILED
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BY THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
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EVENT WILL COREL OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES
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WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
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PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER
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PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE,
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EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
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NO EVENT WILL COREL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR
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MORE CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. THIS
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LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE
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OF ANY LIMITED REMEDY.
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SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
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LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; THE ABOVE LIMITATION
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MAY NOT APPLY TO YOU. In such instances and as long as You obtained the
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Software from Corel, or a Corel authorized reseller, Corel may be liable
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to You (a) without limitation for damages You have incurred under or in
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connection with this EULA only if the damage has been caused by the
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willful or grossly negligent act of Corel; and (b) for those typical
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damages that were reasonably foreseeable and which have been caused by any
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other negligent breach of an essential contractual duty by Corel. Any
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further liability of Corel is excluded. These aforementioned limitations
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apply irrespective of their legal basis, in particular with regard to any
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pre-contractual or auxiliary contractual claims. These limitations shall
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not apply, however, to any mandatory liability under the applicable
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product liability laws, nor to any damage which is caused due to the
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breach of an express warranty to the extent that such express warranty was
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intended to protect consumers against the specific damage incurred, nor to
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damages due to loss of life, injury or prejudice to health
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U.S. GOVERNMENT-RESTRICTED RIGHTS. The Software and any accompanying
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documentation are "commercial computer software" and "commercial computer
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software documentation," under DFAR Section 227.7202 and FAR Section
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12.212. Any use, modification, reproduction release, performance, display
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or disclosure of the Software and accompanying documentation by the U.S.
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government will be governed solely by the terms of this EULA and will be
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prohibited except to the extent expressly permitted by the terms of this
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EULA.
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EXPORT RESTRICTIONS. You may not download, distribute, export, re-export,
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or redistribute the Software, including any Corel shareware product, (a)
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into, or to a national or resident of any country to which the United
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States has embargoed goods, or (b) to anyone on the United States Treasury
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Department's list of 'Specially Designated' nationals or the United States
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Commerce Department's 'Table of Deny Orders'. By downloading or using the
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Software, You are representing and warranting that You are not located in,
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under the control of, or a national or resident of any such country or on
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any such list. Except pursuant to an express, written, fully-executed
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agreement with Corel, You may not purchase a license to use the Software
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for the purpose of exporting it to a country other than the original
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country of sale, nor may You retain the services of a third party to
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purchase a license to use the Software if in doing so You will require
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such third party to send (via any means, electronic or otherwise) the
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Software to You in a country other than the original country of sale.
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GENERAL. If You purchased or downloaded the Software in the United States
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then this EULA is governed by the laws of the United States and the State
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of California, without reference to conflict of laws principles. Any
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dispute between You and Corel regarding this EULA will be subject to the
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exclusive venue of the state and federal courts in the State of
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California. This EULA specifically excludes the United Nations Convention
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on Contracts for the International Sale of Goods and any legislation
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implementing such 'Convention', if otherwise applicable. Except as
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expressly set forth herein to the extent permitted by applicable law, this
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EULA shall not prejudice the non-excludable, statutory rights of any party
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dealing as a consumer. If You acquired the Software in Canada, unless
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expressly prohibited by local law, this EULA is governed by the laws in
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force in the Province of Ontario, Canada; and, any dispute between You and
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Corel regarding this EULA will be subject to the exclusive jurisdiction of
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the federal and provincial courts sitting in Toronto, Ontario. If You
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acquired the Software in the European Union, Iceland, Norway, or
|
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Switzerland, then local law applies. If You acquired the Software in any
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other country, then local law may apply. This EULA is the entire agreement
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|
between You and Corel and supersedes any other communications or
|
|
advertisements with respect to the Software and documentation. The
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Software, or any feature or part thereof, may not be available in all
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languages or in all countries. If Corel has provided You with a
|
|
translation of the English language version of this EULA, You agree that
|
|
such translation is provided for Your convenience only and that the
|
|
English language version, not the translation, of this EULA will be
|
|
legally binding on You. The English language version of this EULA and not
|
|
its translation(s) will govern in the event of a conflict between the
|
|
English language version and a translation. The original English version
|
|
of the EULA can be found at www.corel.com/eula.
|
|
|
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If and to the extent any provision of this EULA is held illegal, invalid,
|
|
or unenforceable in whole or in part under applicable law, such provision
|
|
or such portion thereof shall be ineffective as to the jurisdiction in
|
|
which it is illegal, invalid, or unenforceable but only to the extent of
|
|
its illegality, invalidity, or unenforceability and shall be deemed
|
|
modified to the extent necessary to conform to applicable law so as to
|
|
give the maximum effect to the intent of the parties. No term or provision
|
|
in the EULA will be considered waived, and no breach excused, unless such
|
|
waiver is in writing signed on behalf of the party against whom the waiver
|
|
is asserted. No waiver (whether express or implied) will constitute
|
|
consent to, waiver of, or excuse of any other, different, or subsequent
|
|
breach. No modifications or amendments to this EULA will be binding upon
|
|
Corel unless made in writing and duly executed by You and an authorized
|
|
representative of Corel.
|
|
|
|
Some Corel Software versions may not be compatible with various computer
|
|
operating systems and Corel may not release Updates. Your Software may not
|
|
be compatible with computer operating systems that You may purchase now or
|
|
in the future.
|
|
|
|
You understand that Corel Software may be incorporated into, and may
|
|
incorporate itself into, software and other technology owned and
|
|
controlled by third parties. This EULA remains effective with such
|
|
incorporation. Any and all other third party software or technology that
|
|
may be distributed together with the Corel Software (as bundled third
|
|
party software) may be subject to You explicitly accepting a license
|
|
agreement with that third party. Where such bundled third party software
|
|
includes software from Right Hemisphere, Inc., use of that bundled
|
|
software product is subject to the end user license available at
|
|
http://www.righthemisphere.com/eula, and Your use of that software
|
|
constitutes acceptance of such terms. Corel's licensors shall be a direct
|
|
and intended third party beneficiary of this EULA.
|
|
|
|
ADDITIONAL EULA TERMS
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|
|
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ADDITIONAL TERMS APPLICABLE TO FIXED TERM LICENSES:
|
|
Subject to the terms and conditions of this EULA, in the instance of a
|
|
fixed term license, the license to use the Software begins on installation
|
|
and shall be for the duration identified by Corel in the applicable
|
|
invoice, or by the Corel authorized OEM or Corel authorized reseller in
|
|
its invoice. Use of the software before or beyond the applicable fixed
|
|
term, or any attempt to defeat the time-control disabling function in the
|
|
Software, is an unauthorized use and constitutes a material breach of this
|
|
EULA and applicable law.
|
|
|
|
You may install the Software on only one computing device. You may not
|
|
install the Software on another computing device unless the original
|
|
computing device fails. In the event of failure, it will be necessary for
|
|
you to contact customer service and request approval to reinstall the
|
|
Software on a new computing device. You will be required to certify that
|
|
the original computing device failed, and will be provided with an
|
|
activation code that will enable to you install the Software on another
|
|
computing device for the remainder of the term.
|
|
|
|
ADDITIONAL TERMS APPLICABLE TO USERS OF COREL DVD XPACK, DVD+AVCHD XPACK,
|
|
ULTIMATE XPACK, MP3 & DVD XPACK ("XPACK LINE OF PRODUCTS"):
|
|
With respect to Corel's Xpack line of products, You agree that You will
|
|
not use Corel products in those jurisdictions where use of video and/or
|
|
audio decoder software is unlawful.
|
|
|
|
ADDITIONAL TERMS APPLICABLE TO USERS OF WINDVD, VIDEOSTUDIO PRO:
|
|
You acknowledge that use of the Software in any manner that complies with
|
|
the MPEG-2 or MPEG-4 standard is expressly prohibited without a license
|
|
under applicable patents in the MPEG-2 patent portfolio or MPEG-4 patent
|
|
portfolio, as applicable, which license is available from MPEG LA, L.L.C.
|
|
(http://www.mpegla.com/main/default.aspx), 6312 S. Fiddlers Green Circle,
|
|
Suite 400E, Greenwood Village, Colorado, 80111, USA.
|
|
|
|
You acknowledge that the software may be licensed under the VC-1 patent
|
|
portfolio license for the personal and non-commercial use of a consumer to
|
|
(a) encode video in compliance with the VC-1 standard ("VC-1 video")
|
|
and/or (b) decode VC-1 video that was encoded by a consumer engaged in a
|
|
personal and non-commercial activity and/or was obtained from a video
|
|
provider licensed to provide VC-1 video. No license is granted or shall be
|
|
implied for any other use. Additional information may be obtained from
|
|
MPEG LA, L.L.C. (http://www.mpegla.com/main/default.aspx).
|
|
|
|
You acknowledge that the software may be licensed under the AVC patent
|
|
portfolio license for the personal and non-commercial use of a consumer to
|
|
(a) encode video in compliance with the AVC standard ("AVC video") and/or
|
|
(b) decode AVC video that was encoded by a consumer engaged in a personal
|
|
and non-commercial activity and/or was obtained from a video provider
|
|
licensed to provide AVC video. No license is granted or shall be implied
|
|
for any other use. Additional information may be obtained from MPEG LA,
|
|
L.L.C. (http://www.mpegla.com/main/default.aspx).
|
|
|
|
You agree that the software may be licensed under the MP3 license. Supply
|
|
of the software does not convey a license or imply any right to distribute
|
|
MP3-encoded or MP3PRO-encoded data in revenue-generating broadcast
|
|
systems, streaming applications, other content distribution systems, or on
|
|
physical media. An independent license for such use is required.
|
|
Additional information may be obtained from the MP3 licensing website
|
|
(http://mp3licensing.com).
|
|
|
|
If You have purchased the Software as a retail standalone product, Corel
|
|
has paid the royalties for the above licenses.
|
|
|
|
ADDITIONAL TERMS APPLICABLE TO USERS OF WINZIP SOFTWARE:
|
|
You agree that Corel cannot guarantee that the encryption technology
|
|
contained in Corel WinZip products is completely secure from decoding by
|
|
third parties. Accordingly, Corel will not be responsible for any losses
|
|
whatsoever resulting from third party decoding of, or access to, Your
|
|
files.
|
|
|
|
The WinZip Software you acquired may have been acquired without charge and
|
|
may under those circumstances be used for a limited period of time for
|
|
evaluation purposes. Your use of WinZip Software acquired without charge
|
|
is subject to the following additional terms: (a) You may make as many
|
|
exact copies of the WinZip Software as You wish for evaluation purposes
|
|
using tangible physical media (e.g., compact discs); (b) You may
|
|
distribute individual exact copies of the WinZip Software for evaluation
|
|
purposes only, without charge to You or the recipient; (c) You may not
|
|
distribute the WinZip Software with any other product; (d) If You
|
|
distribute the WinZip Software You may do so by electronic download or
|
|
email, but not through the use of bulk mail, spam or unsolicited emails.
|
|
For purposes of the foregoing, "exact copy" means a file that is, for
|
|
example, identical to the WinZip distribution file available at
|
|
www.winzip.com.
|
|
|
|
Self-extracting Zip files created by WinZip's 'Self-Extractor Personal
|
|
Edition' may contain extractor software ("Extraction Software"). You may
|
|
not alter or modify the Extraction Software, nor give anyone permission to
|
|
do so. Under no circumstances are You licensed to distribute Extraction
|
|
Software. If You create self-extracting Zip files using an evaluation
|
|
version of WinZip Self-Extractor Personal Edition You may not transmit
|
|
Your Zip files to a third party. However, the fully licensed WinZip
|
|
Self-Extractor Personal Edition may be used to create an unlimited number
|
|
of freely distributable, royalty-free, self-extracting Zip files.
|
|
|
|
ADDITIONAL TERMS APPLICABLE TO USERS OF WORDPERFECT OFFICE:
|
|
You acknowledge this product may incorporate intellectual property owned
|
|
by Microsoft(R) Corporation. The terms and conditions upon which Microsoft
|
|
licenses its intellectual property can be obtained by contacting Microsoft
|
|
Corporation
|
|
http://www.microsoft.com/about/legal/en/us/IntellectualProperty/IPLicensing/.
|
|
|
|
ADDITIONAL TERMS APPLICABLE TO USERS OF SOFTWARE LOCATED IN GERMANY OR
|
|
AUSTRIA:
|
|
If You obtained the Software from Corel or a Corel authorized reseller in
|
|
Germany or Austria and such country is Your legal residence, then the
|
|
Germany and Austrian product liability and other consumer protection laws
|
|
concerning remedies for defective goods shall apply and govern any
|
|
inconsistencies between such laws and the provisions of this EULA set
|
|
forth above.
|
|
|
|
ADDITIONAL TERMS APPLICABLE TO USERS OF SOFTWARE LOCATED IN THE UNITED
|
|
KINGDOM:
|
|
If (a) You are acting as a consumer and the United Kingdom is where Your
|
|
legal residence; (b) You entered into this EULA in the United Kingdom; and
|
|
(c) You have obtained the Software from Corel or a Corel authorized
|
|
reseller in the United Kingdom (a "Consumer"), then the limitation of
|
|
liability and warranty provisions set forth in applicable consumer
|
|
protection and warranty laws of the United Kingdom shall apply and govern
|
|
any inconsistencies between such laws and the provisions of this EULA set
|
|
forth above.
|
|
|
|
ADDITIONAL TERMS APPLICABLE TO USERS OF SOFTWARE CONTAINING SHAREWARE:
|
|
Certain Software are shareware and as such are acquired without charge and
|
|
can be used for a limited period of time for evaluation purposes and are
|
|
subject to the particular end user license for such shareware.
|
|
|
|
ADDITIONAL TERMS APPLICABLE TO USERS OF CLIPART, STOCK PHOTO IMAGES, VIDEO
|
|
CONTENT, AUDIO CLIPS, FONTS AND SAMPLE CONTENT:
|
|
Our Software may contain clipart, photo images, video content, audio clips
|
|
(collectively referred to as the "Images or Clips"), software data files
|
|
that render typeface designs when used in conjunction with appropriate
|
|
hardware and software (for example only, without limitation,.ttf or .otf
|
|
files) referred to as "Font Software", and the graphic rendering generated
|
|
by the Font Software referred to as "Font Output" and sample content such
|
|
as forms, templates, "tubes" or similar items (collectively referred to as
|
|
the "Sample Content") that are either owned by Us or licensed from a
|
|
third-party. Except as required in the paragraph below, as a user of Our
|
|
Software You are free to use, modify and publish the Images or Clips, Font
|
|
Output or Sample Content as follows: You may (i) incorporate any Images or
|
|
Clips, Font Output , or Sample Content into Your own original work and
|
|
publish, display and distribute Your work in any media, provided You
|
|
include a copyright notice in Your work reflecting on the copyright
|
|
ownership of both You and Corel as follows: "Copyright (c) 201__ [Your
|
|
name], Corel Corporation and its licensors. All rights reserved."; and
|
|
(ii) make one (1) copy of the Images or Clips, Font Software, or Sample
|
|
Content for backup or archival purposes. YOU MAY NOT (i) resell,
|
|
sublicense or otherwise make available the Images or Clips, or Font
|
|
Software for use or distribution separately or detached from a product or
|
|
web page. For example, the Images or Clips or Font Output may be used by
|
|
You as part of a web page design, but not be made available for
|
|
downloading separately (use of the Font Software as a web font, utilizing
|
|
the CSS3@font-face specification or similar is specifically prohibited) or
|
|
in a format designed or intended for permanent storage or re-use by
|
|
others; (ii) provide the Images or Clips or Font Software to third parties
|
|
or permit the use of the Images or Clips or Font Software or Font Output
|
|
by third parties separately or as part of any other product, however,
|
|
third parties may be provided with copies of the Images or Clips or Font
|
|
Output (including in digital files) as part of a work product; (iii)
|
|
create scandalous, obscene, defamatory or immoral works using the Images
|
|
or Clips, Font Software, Font Output, or Sample Content nor use the Images
|
|
or Clips, Font Software, Font Output, or Sample Content for any other
|
|
purpose which is prohibited by law; (iv) or permit the use of the Images
|
|
or Clips, Font Software, Font Output, or Sample Content or any part
|
|
thereof as a trademark or service mark, or claim any proprietary rights of
|
|
any sort in the Images or Clips, Font Software, Font Output, or Sample
|
|
Content or any part thereof; (v) use any of the Images or Clips which
|
|
contain identifiable individuals or entities for any commercial purpose
|
|
including, without limitation, in a manner which suggests their
|
|
association with or endorsement of any product or service; (vi) use the
|
|
Images or Clips in electronic format, on-line or in multimedia
|
|
applications unless the Images or Clips are incorporated for viewing
|
|
purposes only and no permission is given to download and/or save the
|
|
Images or Clips for any reason; (vii) rent, lease, sublicense or lend the
|
|
Images or Clips or Font Software or Font Output, or any copies thereof, to
|
|
another person or legal entity; (viii) modify the Font Software in any
|
|
way; (ix) use any Images or Clips presented in any Software splashscreens,
|
|
welcome screens, product packaging and/or marketing collateral; or (x) use
|
|
any Images or Clips, Font Software or Font Output or Sample Content except
|
|
as expressly permitted by this EULA. You may, however, transfer all Your
|
|
EULA to use the Images or Clips or Font Software to another person or
|
|
legal entity, provided that (i) You transfer the Software, including the
|
|
Images or Clips or Font Software, and this EULA, including all copies
|
|
(except copies incorporated into Your work product as permitted under this
|
|
EULA), to such person or entity, (ii) You retain no copies, including
|
|
copies stored on a computer or other storage device, and (iii) the
|
|
receiving party agrees to be bound by the terms and conditions of this
|
|
EULA.
|
|
|
|
November 2011 (1.0)
|