pkgsrc/licenses/corel-license
2012-01-23 23:32:54 +00:00

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IMPORTANT NOTICE: PLEASE READ THIS END-USER
LICENSE AGREEMENT (EULA) CAREFULLY
BY DOWNLOADING, ACCESSING, INSTALLING OR USING THE SOFTWARE AND
DOCUMENTATION ("SOFTWARE"), YOU AGREE TO THE TERMS OF THIS EULA. IF YOU DO
NOT AGREE TO THE TERMS OF THIS EULA, DO NOT DOWNLOAD, INSTALL, ACCESS OR
USE THE SOFTWARE. THIS EULA CONTAINS DISCLAIMERS OF WARRANTIES AND
LIMITATIONS OF LIABILITY AND EXCLUSIVE REMEDIES. THE PROVISIONS BELOW FORM
THE ESSENTIAL BASIS OF OUR AGREEMENT.
This EULA is a legal agreement between You and Corel Corporation,
including its subsidiaries, affiliates and contractors acting on Our
behalf (collectively "Corel", "Us", "We", or "Our") regarding Your use of
the Corel, or one of its subsidiary's Software. Corel includes WinZip
Computing S.L. that is owned separately by Corel. Unless You have another
written agreement with Corel regarding this Software, then Your use of
this Software is governed by this EULA. From time to time, We may in Our
sole discretion update or modify the EULA. The most recent version of the
EULA is located at: http://www.corel.com/eula
IF YOU AGREE TO THIS EULA, YOU ARE GRANTED A LIMITED, PERSONAL, WORLDWIDE,
ROYALTY-FREE, NON-ASSIGNABLE, NON-SUBLICENSEABLE, NON-TRANSFERABLE AND
NON-EXCLUSIVE LICENSE TO USE THE SOFTWARE. YOU ARE PERMITTED TO USE ONE
(1) COPY OF THE SOFTWARE FOR YOUR (A) PRIVATE, NON-COMMERCIAL PURPOSES AS
A PRIVATE USER, AND/OR (B) COMMERCIAL PURPOSES AS A SERVICE PROVIDER IN A
COMMERCIAL BUSINESS ("BUSINESS USER"). THIS SOFTWARE IS LICENSED PER
HOUSEHOLD OR PER SINGLE ADDRESS ("ADDRESS"). EXCEPT FOR THE COREL PRODUCTS
LISTED BELOW, YOU MAY ONLY DOWNLOAD AND INSTALL THE SOFTWARE ON ONE
COMPUTING DEVICE. YOU MAY NOT RE-INSTALL THE SOFTWARE ON A SECOND
COMPUTING DEVICE UNLESS THE ORIGINAL COMPUTING DEVICE FAILS, IF
AUTHORIZATION CODES ARE REQUIRED YOU MAY NEED TO CONTACT CUSTOMER SERVICE
AND REQUEST APPROVAL TO RE-INSTALL THE SOFTWARE ON A NEW COMPUTING DEVICE,
AND YOU CERTIFY TO COREL THAT YOU DEINSTALLED THE SOFTWARE FROM THE FAILED
COMPUTING DEVICE. PRIVATE AND BUSINESS USERS OF AFTERSHOT, COREL CAPTURE,
COREL CONNECT, COREL WEBSITE CREATOR, CORELDRAW, COREL DESIGNER, CORELCAD,
COREL OFFICE, COREL PAINTER, COREL PDF FUSION, PAINTSHOP PRO, PAINTSHOP
PHOTO PRO, PARADOX, COREL PHOTO-PAINT, PRESENTATIONS, QUATTRO PRO, WINZIP
SOFTWARE AND WORDPERFECT THAT HAVE MULTIPLE COMPUTING DEVICES (E.G.,
STAND-ALONE COMPUTER, LAP-TOP AND MINI/PORTABLE PC), MAY DOWNLOAD AND
INSTALL ANY OF THESE SOFTWARE PRODUCTS ON UP TO THREE (3) SYSTEMS IN A
SINGLE ADDRESS, HOWEVER IT CAN ONLY BE USED BY YOU ON ONE (1) SYSTEM AT A
TIME. IF YOU HAVE PURCHASED MULTIPLE LICENSES FOR THE SOFTWARE, AT ANY
TIME YOU MAY HAVE AS MANY COPIES OF THE SOFTWARE IN USE AS YOU HAVE
LICENSES.
LICENSE TO USE THE SOFTWARE. The Software is licensed to You, not sold to
You. You must lawfully acquire the Software from Us, or Our authorized
resellers. Otherwise You don't have a right to use the Software. You may
only purchase and/or download the Software from Corel's or its authorized
reseller's store, eStore, or website that is located in the country in
which you hold legal residency. This EULA does not apply to any Software
installed on a hardware partition, blade, or terminal server, or in any
other virtualization environment (collectively "Virtualization
Environment"). You may not allow the Software to be accessed, operated, or
viewed from, or installed or uploaded to, other computers through a
network connection. A separate license agreement must be entered into with
Corel to obtain the right to use the Software for a Virtualization
Environment, network connections or volume purchases. You agree that if
the Software requires mandatory activation or email validation, You will
complete the process providing Corel with accurate information. Your use
of the Software is suspended until You complete the activation and/or
registration process. The Software may include digital images, stock
photographs, clip art, fonts, sounds or other artistic works ("Stock
Files"). The responsibilities and restrictions relating to the Software
apply to the Stock Files. Corel reserves all rights not expressly granted
to You in this EULA. BUSINESS USERS: If You are a business, You agree to
maintain records, systems and/or procedures that accurately record of the
number of copies of the Software that have been acquired and installed on
Your Computers and will keep the records for two (2) years from the date
Your license to use the Software ends. Corel may conduct an audit
(remotely or at Your facility) of records and systems from Your business,
to verify that Your installation of the Software conforms with a valid
license from Corel. Corel will not conduct more than one (1) audit per
year. If the audit results find that Your use does not conform to a valid
license, then You will immediately obtain a valid license for the
Software.
YOUR RESPONSIBILITIES WHILE USING THE SOFTWARE. With regard to Your Use of
the Software under this EULA, You have certain responsibilities. The
Software may include product activation and other technology designed to
prevent unauthorized use and copying. You may not sell, rent, lease,
resell, or loan the Software. If You purchase the Software as a gift to a
third person, the third person must accept the terms of this EULA before
using the Software. You may not reverse engineer, decompile or disassemble
the Software. While We own Our Software, You own and are responsible for
the content ("Content") that You create or have created for You resulting
from the use of Our Software (including any add-ons or plug-ins to Our
Software that You create or have created for You). You agree that, in
connection with Your use of the Software, You are responsible for the
direct and/or indirect consequences of any of the (a) Content You create
and (b) third party photos or images that You use or modify in creating
Your Content, especially in situations where You share Your Content with
family, friends, clients and/or third parties such as members of social
networking sites (e.g., Facebook, Flickr, LinkedIn, etc.). Corel can
neither monitor nor control what third party social networking sites or
the members or users of such sites do with Your content You share. You are
responsible for independently verifying the accuracy and completeness of
Your content (e.g. any technical illustrations or diagrams for operation
guides, parts catalogs, schematics, writing diagrams, assembly
instructions, maintenance manuals, architectural presentations or other
materials You create and/or modify using Our Software). You may not modify
or create derivative works based upon the Software. You represent and
warrant to Us that You will comply with all applicable laws and
regulations impacting Your use of the Software including data protection
and privacy laws. You agree that You will not use the Software in a way
that is unlawful or that violates the rights of a third party. If We get
sued or a claim is brought against Us by a third party due to (a) Your
actions, (b) Your failure to act when required, or (c) Your content, then
You agree to defend, indemnify and hold Corel harmless. You may receive
updates, bug fixes, feature enhancements or improvements, or other data
relating to the Software (collectively "Updates") downloaded to Your
computer with a notice describing what is included in the Update and the
purpose of the Update. You will have to choose either to install the
Update on Your computer device or opt out and not install the Update. If
You do not install the Updates the Software may not perform properly.
OUR INTELLECTUAL PROPERTY RIGHTS. The Software is protected by United
States and Canadian Intellectual Property laws and international
intellectual property laws and treaty provisions. Therefore, You may not
distribute the Software without Our permission. If You purchase or
download the Software in China, India, Indonesia or Vietnam, You may not
copy the Software or printed materials accompanying the Software for any
purpose. If You purchase or download the Software in a country not
specifically prohibited under this EULA, You may only make one (1) copy of
the Software or You may keep one (1) copy of the Software on a single hard
drive for backup or archival purposes. For backup or archival purposes
only, You may either make only one (1) copy of the Software and the
Printed Materials or print one copy of any user documentation if You
downloaded the Software or You may keep one (1) copy the Software and
printed materials (or User Documentation) on a single hard drive.
Otherwise, You may not copy the Software or the printed materials
accompanying the Software (or print copies of any user documentation if
You downloaded the Software). You agree that Corel, the Corel logos, and
other Corel trademarks, service marks, and graphics are trademarks of
Corel (some in the United States and/or other countries) or are trademarks
of Corel's partners ("Marks"). You are not granted a right to use Marks
without the owner's permission. You will not remove, obscure or alter any
proprietary notices affixed to or contained within the Software. You
understand and agree that We have the right to stop selling, distributing,
servicing or updating the Software (any part of it), and services or
offerings at any time.
USAGE AUDITING, PIRACY AND OUR PRIVACY POLICY. Our audit and collection of
any of Your data and Your use of the Software is subject to Corel's
Privacy Policy (http://www.corel.com/privacy). We may audit Your software
usage for anti-piracy purposes, to verify a valid registration, and
identify if new Updates are available for Your Computer prior to sending
You a notice to install a new Software Update, and to assess Your use of
the Software. You consent to the Software sending usage data (e.g., the
number of instances the Software is launched, the device IP address,
and/or the version of the Software), for registration, authentication, use
and anti-piracy auditing and enforcement purposes.
PRE-COMMERCIAL RELEASE OR BETA SOFTWARE. If the Software You have received
with this EULA is a pre-commercial release or a beta version, then You
understand the Software is pre-release, non-commercial version and does
not represent a final product of Corel. The Software may contain bugs,
errors and other problems that could cause computer system failures and
data loss. THEREFORE, ALL PRE-RELEASE OR BETA SOFTWARE IS PROVIDED ON AN
"AS-IS" BASIS AND COREL DISCLAIMS ANY AND ALL WARRANTIES OR LIABILITY TO
YOU OF ANY KIND.
ACADEMIC SOFTWARE. If the Software is identified as an academic or
education edition version in the user documentation, on the packaging of
the Software or on the purchase or download page of the website, and You
qualify as an academic end user, You may install and access one (1) copy
of the Software on up to the permitted number of computers, as agreed to
by You and Corel, but only for educational purposes and for no other
purpose. Academic versions of the Software may not be used for commercial,
professional, or other for-profit purposes. Notwithstanding the foregoing,
You are not entitled to use the Software unless You qualify in Your
jurisdiction as an academic end user (e.g., student or personal learning
versions of the Software may only be used by faculty, staff members and
degree, diploma or certificate-seeking students at qualified educational
institutions). Contact Corel via Our Academic Software web page
(http://www.corel.com/education) or Your local Corel authorized reseller
to determine whether You qualify as an academic end user and to learn more
about Our academic programs and products. Work product and other data
created with academic or education edition versions of the Software may
contain certain notices and limitations that make the data unusable
outside the educational use area. If You combine or link data created with
educational institutional versions, student versions, or personal learning
editions of the Software with data otherwise created, then that data may
also be affected by these notices and limitations. Corel shall have no
responsibility or liability whatsoever if You combine or link data created
with educational institutional versions, student versions, or personal
learning editions of the Software.
Student and Teacher, Home and Student, Home Edition Addendum. If this
Software is clearly labeled a Student and Teacher, Home and Student or
Home Edition, Your Use of this Software is governed by the terms of this
EULA as modified by the paragraph below. In the event of any conflict
between the terms of this EULA and the paragraph below, the paragraph
below shall govern.
You may install and USE, at the same time, this Student and Teacher, Home
and Student or Home Edition Software on up to three (3) computers at Your
Address. Notwithstanding anything to the contrary in the EULA, You may not
(a) transfer or assign this Software to a third party; or (b) use this
Software for any commercial purpose or in any commercial enterprise or
business. This Software may only be used for personal purposes in a
non-commercial environment.
EVALUATION SOFTWARE. If the Software is identified as a demonstration,
evaluation, trial, "not for sale" ("NFS") or "not for resale" ("NFR")
version ("Evaluation Version") in the applicable user documentation You
may install and access one (1) copy of the Software only for the purpose
of evaluation and/or demonstration. Unless You are authorized by Corel,
You may not use Our Software for competitive analysis, or commercial,
professional, or other for-profit purposes. You understand that at the end
of the evaluation period, You must either stop using the Software or pay
for the Software to continue using it. If You fail to pay for it, then
Your license terminates. Upon expiration of the evaluation period, You
will immediately discontinue use of the Evaluation Version and delete and
destroy all electronic copies of the Evaluation Version including, but not
limited to, all user documentation that may have been provided as part of
the evaluation from Your computer and any other computer devices on which
You have installed the Evaluation Version. Any attempt to circumvent any
expiration date technology is in violation of this EULA and will
automatically and immediately terminate Your license to use the Evaluation
Version. Notwithstanding the foregoing, additional terms apply to the
WinZip products, as set forth below in the Additional License Terms
section of this EULA.
OEM EDITION PRODUCT. If the Software is identified as an OEM Edition
product, You may only use the Software with the original computer or
electronic equipment (the "Original Equipment") with which the Software
was first bundled
LIMITED AND RESTRICTED WARRANTY. If You purchased the Software on a
computer disc, then Corel warrants that the media on which Software is
furnished will be free of defects in materials and workmanship under
normal use for a period of ninety (90) days from the date You purchased
the Software. The Software when properly installed and under normal use
will substantially conform to the features and functionality as set forth
in the documentation accompanying the Software, however, the Software may
contain normal bugs and errors. Therefore, the Software is provided on an
"AS IS" basis with the understanding that bug fixes and Updates will be
provided from time to time. This warranty is valid only for the original
purchaser of the Software. IF THE DISC IS DEFECTIVE, THEN COREL'S ENTIRE
LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL BE
REPLACEMENT OF THE DEFECTIVE COMPUTER DISC IF YOU RETURN THE DEFECTIVE
DISC TO US WITH A COPY OF YOUR RECEIPT. Your right to a replacement of the
Software is void if the damage to the disc is a result of accident, abuse
or misapplication. Any replacement Software will be warranted for the
remainder of the original warranty period. YOU ASSUME ALL RESPONSIBILITIES
FOR CHOOSING, INSTALLING, AND USING THE SOFTWARE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, COREL DISCLAIMS ALL OTHER WARRANTIES, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS.
SOME STATES OR COUNTRIES DO NOT ALLOW THE WARRANTY EXCLUSION OR
LIMITATIONS; THE ABOVE LIMITATION MAY NOT APPLY TO YOU. In such instances
and as long as You obtained the Software from Corel, or a Corel authorized
reseller, Corel may remedy substantial defects of the Software at its
reasonable discretion by (a) providing a patch, Update or replacement of
the Software, or (b) asking for return of the Software and cancelling the
EULA. You are entitled to a reduction of the purchase price or a
rescission of the EULA only if Corel has repeatedly failed to remedy the
defect after a reasonable period of time. If You are a consumer, Your
claims under this clause are time-barred in twenty-four (24) months; if
You are a business, Your claims under this clause are time-barred in
twelve (12) months. If You alter the Software in any way without being
authorized by Corel, Corel will not remedy defects caused by such
alteration and You are liable for any damages incurred by Corel due to
Your unauthorized alteration. IF YOU INSTALL PRE-RELEASE VERSION PRODUCTS
MARKED AS SUCH, YOU DO SO AT YOUR OWN RISK. Pre-release version products
are to be used only for test purposes in testing environments and must not
be used for production purposes. To make a warranty claim You must provide
a detailed error description to Corel Customer Service or, at Corel's
request, return the Software along with any return materials authorization
information provided to You by Corel, at Corel's expense, to Corel
Corporation, 1600 Carling Avenue, Ottawa, Ontario, K1Z 8R7, Canada. For
further warranty information, please contact Corel Customer Service at
www.corel.com.
NO LIABILITY FOR OPEN SOURCE MATERIALS. THE SOFTWARE MAY CONTAIN "OPEN
SOURCE" MATERIALS (E.G., ANY SOFTWARE SUBJECT TO OPEN SOURCE, COPYLEFT,
GNU GENERAL PUBLIC LICENSE, LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL
PUBLIC LICENSE, MOZILLA LICENSE, BERKELEY SOFTWARE DISTRIBUTION LICENSE,
OPEN SOURCE INITIATIVE LICENSE, MIT, APACHE OR PUBLIC DOMAIN LICENSES, OR
SIMILAR LICENSE). COREL MAKES NO WARRANTIES, AND SHALL HAVE NO LIABILITY,
DIRECT OR INDIRECT, WHATSOEVER WITH RESPECT TO OPEN SOURCE MATERIALS
CONTAINED IN THE SOFTWARE.
NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE
COST OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR COMPILED
BY THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT WILL COREL OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER
PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE,
EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
NO EVENT WILL COREL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR
MORE CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. THIS
LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE
OF ANY LIMITED REMEDY.
SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. In such instances and as long as You obtained the
Software from Corel, or a Corel authorized reseller, Corel may be liable
to You (a) without limitation for damages You have incurred under or in
connection with this EULA only if the damage has been caused by the
willful or grossly negligent act of Corel; and (b) for those typical
damages that were reasonably foreseeable and which have been caused by any
other negligent breach of an essential contractual duty by Corel. Any
further liability of Corel is excluded. These aforementioned limitations
apply irrespective of their legal basis, in particular with regard to any
pre-contractual or auxiliary contractual claims. These limitations shall
not apply, however, to any mandatory liability under the applicable
product liability laws, nor to any damage which is caused due to the
breach of an express warranty to the extent that such express warranty was
intended to protect consumers against the specific damage incurred, nor to
damages due to loss of life, injury or prejudice to health
U.S. GOVERNMENT-RESTRICTED RIGHTS. The Software and any accompanying
documentation are "commercial computer software" and "commercial computer
software documentation," under DFAR Section 227.7202 and FAR Section
12.212. Any use, modification, reproduction release, performance, display
or disclosure of the Software and accompanying documentation by the U.S.
government will be governed solely by the terms of this EULA and will be
prohibited except to the extent expressly permitted by the terms of this
EULA.
EXPORT RESTRICTIONS. You may not download, distribute, export, re-export,
or redistribute the Software, including any Corel shareware product, (a)
into, or to a national or resident of any country to which the United
States has embargoed goods, or (b) to anyone on the United States Treasury
Department's list of 'Specially Designated' nationals or the United States
Commerce Department's 'Table of Deny Orders'. By downloading or using the
Software, You are representing and warranting that You are not located in,
under the control of, or a national or resident of any such country or on
any such list. Except pursuant to an express, written, fully-executed
agreement with Corel, You may not purchase a license to use the Software
for the purpose of exporting it to a country other than the original
country of sale, nor may You retain the services of a third party to
purchase a license to use the Software if in doing so You will require
such third party to send (via any means, electronic or otherwise) the
Software to You in a country other than the original country of sale.
GENERAL. If You purchased or downloaded the Software in the United States
then this EULA is governed by the laws of the United States and the State
of California, without reference to conflict of laws principles. Any
dispute between You and Corel regarding this EULA will be subject to the
exclusive venue of the state and federal courts in the State of
California. This EULA specifically excludes the United Nations Convention
on Contracts for the International Sale of Goods and any legislation
implementing such 'Convention', if otherwise applicable. Except as
expressly set forth herein to the extent permitted by applicable law, this
EULA shall not prejudice the non-excludable, statutory rights of any party
dealing as a consumer. If You acquired the Software in Canada, unless
expressly prohibited by local law, this EULA is governed by the laws in
force in the Province of Ontario, Canada; and, any dispute between You and
Corel regarding this EULA will be subject to the exclusive jurisdiction of
the federal and provincial courts sitting in Toronto, Ontario. If You
acquired the Software in the European Union, Iceland, Norway, or
Switzerland, then local law applies. If You acquired the Software in any
other country, then local law may apply. This EULA is the entire agreement
between You and Corel and supersedes any other communications or
advertisements with respect to the Software and documentation. The
Software, or any feature or part thereof, may not be available in all
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.
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
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)