Copy to Lightning Note for FireFox 3 and higher 220.127.116.11-signed.1-signed
End-User License Agreement
Copy to Lightning Note for FireFox 3 and higher requires that you accept the following End-User License Agreement before installation can proceed:
Unless you have a written agreement with Corel providing for additional Use, the below agreement gives you permission to install and Use one (1) copy of this Product on one (1) computer or electronic device at any given time as set out in more detail below.
IMPORTANT: THIS IS A LICENSE, NOT A SALE. CAREFULLY READ THIS LICENSE BEFORE USING THIS PRODUCT. INSTALLING, COPYING, OR OTHERWISE USING THIS PRODUCT INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO BE BOUND BY AND COMPLY WITH ITS TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THIS PRODUCT.
This agreement imposes certain restrictions on your Use of this Product. Unless you have another written agreement directly with Corel, or one of its subsidiaries, that expressly supersedes this agreement and controls and alters your Use or distribution of the Product, this Product is provided under the following end user license agreement and all applicable addenda (“License”) which define what you may do with the Product and contain limitations on warranties and/or remedies. This License does (i) not grant any concurrent right in the software; and (ii) not apply to any software installed on a terminal server. A separate license agreement must be concluded with Corel to obtain these rights.
IF YOU ARE DOWNLOADING THIS PRODUCT, READ CAREFULLY THE TERMS AND CONDITIONS OF THE LICENSE BEFORE DOWNLOADING THIS PRODUCT. BY DOWNLOADING THIS PRODUCT:
(i) you certify that you are not a minor and that you agree to be bound by all of the terms and conditions set out in this License. Downloading and/or using the Product will be an irrevocable acceptance of the terms and conditions of the License;
(ii) you agree to be responsible for your Internet service provider fees, telecommunication and other charges that may apply as a result of your download of the Product;
(iii) you represent and warrant to Corel, if you are accepting on behalf of a company or other legal entity, that you have full authority to bind such entity; and
(iv) all risk of damage to the Product during transmission and download is assumed by you.
IF YOU DO NOT AGREE WITH THE ABOVE, DO NOT DOWNLOAD THIS PRODUCT.
This License is granted by Corel Corporation and its Affiliates (“Corel”) and includes the following:
1. General License Terms and Definitions
2. Corel Guidelines for the Use of Clipart, Stock Photo Images, Video Content, Audio Clips and Sample Content
3. Trial, Trial Extension or Starter Version Addendum to the License
4. Academic, Education, Student and Teacher, Home and Student, and Home Edition Addendum to the License
5. OEM Edition Addendum to the License
6. SDK Addendum to the License
7. Pre-release Version Addendum to the License
1. GENERAL LICENSE TERMS AND DEFINITIONS:
IMPORTANT: THIS LICENSE, IN ADDITION TO THE LEGITIMATE PROOF OF PURCHASE OF THE PRODUCT, IS EVIDENCE OF YOUR RIGHT TO USE THE PRODUCT. PLEASE PRINT THIS LICENSE AND KEEP IT FOR YOUR RECORDS.
1.1.1 "Affiliates" means any corporation, company or other entity that directly or indirectly, is controlled by, or is under common control with, Corel Corporation.
1.1.2 "Computer" means a computer or an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions;
1.1.3 "Documentation" means any accompanying printed materials, this License, any other agreement you may have with Corel relating to this Product, and "online" or electronic documentation;
1.1.4 "Permitted Number" means one (1) unless otherwise indicated under a valid license granted by Corel or one of its subsidiaries;
1.1.5 "Pre-Release Version" means a Product which is identified as a pre-release or beta version;
1.1.6 "Product" means a computer program, computer software (including its code), objects (including their APIs) as well as any images, photographs, templates, animations, video, audio, music, text and applets incorporated into the software, and where applicable, storage media containing any of the above, including any Documentation; and
1.1.7 "Use" means to access, install, download, copy or otherwise benefit from using the functionality of the Product in accordance with the Documentation.
1.2.1 License Grant.
Corel provides you with a Product and grants you a non-exclusive license to Use the Product in accordance with the terms of this License. Unless otherwise provided for in another agreement that you have with Corel, if the Product specifies that the Product may only be purchased or obtained in a particular country, territory or region, you may only purchase or obtain such Product from Corel, a Corel channel partner or a Corel-authorized reseller situated within such country, territory or region. Any supplemental software code and supporting materials provided to you as part of support services provided by Corel for the Product shall be considered part of the Product and subject to the terms and conditions of this License. The copyright and all other rights to the Product shall remain with Corel or its licensors. To the extent expressly stated herein, this License permits you to make limited number of copies of the Product in which case you must reproduce any copyright or other notices marked on the Product on all copies you make. Some third party materials included in the Product may be subject to other terms and conditions which are typically found in the "Help About" box. To the extent that any third party's intellectual property is incorporated within the Product, you agree that such third party is a third party beneficiary of the terms of this License to the extent of the third party's license to Corel.
1.2.2 On-Line Services.
Some functionality in our Products may require you to separately acquire on-line services. Neither the Product nor this License gives you any right to use the Internet, any on-line services or any other services or software that may be required for you to Use all the functions and features associated with the Product.
1.3 Provided you have obtained this product from Corel, a Corel channel partner or a Corel-authorized reseller, YOU MAY:
(i) in the case of Product purchased, obtained or Used in China or India, install and Use one (1) copy of the Product on a Computer up to the Permitted Number of Computers provided that you have registered the Product with Corel. In all other cases, you may install and Use one (1) copy of the Product on a Computer up to the Permitted Number of Computers without registering the Product, unless the Product expressly requires registration as a condition of Use;
(ii) install one (1) copy of the Product on a storage device, such as a network server, Used only to install or run the Product on your other Computers within an internal network up to the Permitted Number. You must acquire and dedicate a license for each Computer on which the Product is installed or run from the storage device. A single license for the Product may not be shared or Used concurrently on different Computers unless you have another agreement with Corel permitting you to do so;
(iii) make one copy of the Product solely for archive or backup purposes;
(iv) if this Product includes video content, audio clips, fonts, templates, clipart and/or photo images, Use the video content, audio clips, fonts, templates, clipart and/or photo images only if you comply with the terms set out in the Corel Guidelines for the Use of Clipart, Stock Photo Images, Video Content, Audio Clips And Sample Content in Section 2.0 below;
(v) except in the case of Academic, Education, Student and Teacher, Home and Student, Home Edition, OEM Edition and Pre-release Version Products which are non-transferable (see Academic, Education, Student and Teacher, Home and Student, and Home Edition Addendum, the OEM Edition Addendum and the Pre-release Version Addendum below), transfer the Product to someone else only if you assign all of your rights under this License, cease all Use of the Product, erase or destroy any copy (including the hard disk copy) made in support of your Use of the Product, and ensure that the person to whom you wish to transfer the Product agrees to the terms of this License;
(vi) if you have purchased this Product as an upgrade to a Corel product, continue to Use your previous product with this Product. If you transfer this Product, you must either transfer the previous product at the same time you transfer the Product or destroy the previous product at the same time you transfer the Product. If the Product you have purchased is an upgrade of a Corel product, you now may Use that previous product only in accordance with this License. This Section 1.3 (vi) only applies to the following Corel product(s): CorelCAPTURE, CorelDRAW, Corel DESIGNER, Corel Painter, Paint Shop Pro Photo, Paradox, Corel PHOTO-PAINT, Presentations, Quattro Pro and WordPerfect. For the avoidance of doubt, you do not have the right to use any other product(s) not listed herein in the manner outlined above;
(vii) Use only one (1) of the language versions at any given time if the Product provides you with a selection of multiple language versions;
(viii) if this Product includes Show On The Go(TM), Corel PRESENTS Runtime Player(TM) or a similar feature that permits the creation of a runtime slide show presentation, freely copy and distribute the runtime program files together with slide show graphic files developed using the Product; provided you (a) do not use the logo, name, or trademarks of Corel or its licensors other than to indicate that the slide show file was created using Corel(R) Presentations(TM) or another Corel product, (b) include your copyright notice on media containing the runtime program files and/or in a conspicuous place within your slide show file, and (c) indemnify Corel and its licensors against any claims or lawsuits arising from your Use or distribution of the runtime program files as part of the slide show file you distribute. You are responsible for all primary technical support to the end user of any runtime program file you distribute;
(ix) if this Product contains the slide show player program, "player.exe", distribute to third parties the slide shows you create with the "player.exe" solely for the purpose of enabling such third parties to view the slide show(s) packaged in such files. You (and not Corel) assume all responsibility and liability for the content of such materials; and
(x) only distribute sound file(s) included with the Product to third parties or permit the Use of the sound files(s) by third parties if the sound file(s) are included or embedded with a file (or files) created Using the Product.
1.4 YOU MAY NOT:
(i) Use the Product or make copies of it other than as permitted in this License except to the extent the foregoing restriction is, by operation of applicable law, prohibited or of no effect;
(ii) translate, reverse engineer, decompile, or disassemble the Product except to the extent the foregoing restriction is, by operation of applicable law, prohibited or of no effect;
(iii) rent, lease, assign, sell, sublicense, lend or transfer the Product except as set out in Section 1.3 above;
(iv) modify the Product or merge all or any part of the Product with another program;
(v) redistribute the fonts included with the Product;
(vi) separate the component parts of the Product for Use on more than one (1) Computer except to the extent the foregoing restriction is, by operation of applicable law, prohibited or of no effect;
(vii) if this Product is an OEM Edition, Use or copy the Product if you received the Product as a stand-alone product. The Use of the OEM Edition Product is subject to the additional restrictions set out in Section 5;
(viii) transfer or assign the Product or any copy thereof, or your License to Use the Product to a third party, if this Product is identified as a Not For Resale (NFR) version; and
(ix) distribute sound file(s) included with the Product to third parties or permit Use of the sound file(s) by third parties except as included or embedded with a file (or files) created Using the Product.
1.5 PRODUCT UPDATES, NEW VERSIONS AND THIRD PARTIES’ SOFTWARE:
1.5.1 Installation of Updates, Patches, Additional Features or Functions, etc.
You acknowledge that Corel may, but is under no obligation to, from time to time provide you with additional features, functions, patches, plug-ins, service packs, updates or other similar files related to this Product (“Updates”). You further acknowledge and accept that Corel need not provide you with advance notice of the installation of any such Updates.
1.5.2 Mandatory Updates.
In the event Corel provides you with an Update to address a threatened or actual security breach in the Product, to replace technologies that may infringe third party intellectual property rights or for any other reason of similar significance to Corel (such Updates hereinafter referred to as “Mandatory Updates”), you agree to promptly, and in no event later than ten (10) business days after Corel provides such Mandatory Update to you, cease use of any Product that has not be updated with the Mandatory Update. Failure to comply within the timeframe specified in this Section shall result in the automatic and immediate termination of your License to Use the Product.
1.5.3 Use of Updates, Patches, etc.
Any Updates you obtain or receive may only be Used in conjunction with the Corel application software product for which it was designed (the "Original Application") and is subject to this License including, without limitation, to Corel's Limited Warranty, Disclaimer and Limitation of Liability (as set out in Sections 1.9, 1.10 and 1.11) and Eligibility provisions (as set out in Section 1.14), as applicable. You are granted a non-exclusive license to Use the Updates only with the Original Application provided that you still possess a valid license from Corel for the Original Application.
1.5.4 New Versions.
You acknowledge and agree that Corel has no obligation to make available to you any subsequent versions of the Product. You also agree that you may have to enter into a renewed version of this License in the event you want to Use a new version of the Product. Furthermore, you acknowledge and agree that Corel, in its sole discretion, may modify or discontinue or suspend your ability to Use any version of the Product, and/or disable any Product you may already have accessed or installed without any notice to you, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where you, at Corel’s discretion, are in breach of this License, potential legal liabilities, acting inconsistently with the letter or spirit of Corel’s policies, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons. Corel will not accept any liability in relation to the direct or indirect damages caused by: (i) the release and/or the absence of release of new versions of the Product; and (ii) by the suspension or termination of this License by Corel and/or by you.
1.5.5 Third Parties.
You acknowledge and agree that the Product may be incorporated into, and may incorporate itself into, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Product falls under the scope of this License. Any and all other third party software or technology that may be distributed together with the Product (“Bundled Third Party Software”) will be subject to you explicitly accepting a license agreement with that third party. If such Bundled Third Party Software includes software from Right Hemisphere, Inc., use thereof is subject to the end user license available at http://www.righthemisphere.com/eula, and your use of the software constitutes acceptance of such terms. You acknowledge and agree that you have not entered into a contractual relationship with Corel regarding such Bundled Third Party Software and you will look solely to the applicable third party and not to Corel to enforce any of your rights.
1.6 HOME AND LAPTOP USE:
Except as provided below, you may make and Use a second copy of certain software applications on a home or portable computer provided that copy of the software application is never loaded in the RAM (i.e. the memory) of the home or portable computer at the same time that it is loaded in the RAM of the primary computer. Such software applications include: Corel CAPTURE, CorelDRAW, Corel DESIGNER, Corel Painter, Paint Shop Pro Photo, Paradox, Corel PHOTO-PAINT, Presentations, Quattro Pro and WordPerfect. If the software application is being Used in China, India, Vietnam or Indonesia, you may not make or Use a second copy of the software application on a home or portable computer.
1.7 INTELLECTUAL PROPERTY RIGHTS:
Except as expressly licensed to you in this License, Corel retains all right, title and interest in and to the Product and any copies you are authorized by Corel to make. The Product is protected by copyright, including without limitation by U.S. and Canadian copyright law, international treaty provisions and applicable laws in the country in which it is being Used. Except as expressly stated herein, this License does not grant you any intellectual property rights in the Product. All rights not expressly granted are reserved by Corel.
This License shall remain in effect only for so long as you are in compliance with the terms and conditions of this License. This License will terminate if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of the Product. The Intellectual Property Rights, Limited Warranty, Disclaimer and Limitation of Liability provisions set out in Sections 1.7, 1.9, 1.10, 1.11, 1.15, 1.16, 3.2, 6.3 and 7.3 shall continue in force even after any termination.
1.9 LIMITED WARRANTY:
Except as may be otherwise provided in this License or unless the Product is a Trial Version as set forth in Section 3 or a Pre-Release Version as set out in Section 7, Corel warrants to the person or entity that first purchases a license to Use this Product that the media for this Product will be free from defect for ninety (90) days from the date you acquire it. If such a defect occurs, contact Corel Customer Service at www.corel.com to obtain a RMA Number to return the media and Corel will replace it free of charge. THIS REMEDY IS YOUR EXCLUSIVE REMEDY AND COREL'S AND ITS SUPPLIERS' AND DEALERS' ENTIRE LIABILITY FOR BREACH OF THIS WARRANTY OR, WHERE PERMITTED BY APPLICABLE LAW, FOR ANY OTHER CAUSE OF ACTION (INCLUDING NEGLIGENCE) CONCERNING ANY DEFECT IN MATERIALS OR WORKMANSHIP IN RELATION TO THE PRODUCT. THIS LIMITED WARRANTY GIVES YOU CERTAIN LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL LEGISLATED RIGHTS WHICH MAY VARY FROM JURISDICTION TO JURISDICTION.
EXCEPT FOR THE EXPRESS LIMITED WARRANTY ABOVE AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES, REPRESENTATIONS, CONDITIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COREL AND ITS SUPPLIERS AND DEALERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE PRODUCT. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. WHERE ANY NON-EXCLUDABLE TERMS ARE IMPLIED INTO THIS LICENSE BY OPERATION OF LAW, TO THE EXTENT PERMISSIBLE BY LAW, COREL LIMITS ITS LIABILITY TO, AT ITS OPTION, THE REPAIR OR REPLACEMENT OF THE GOODS, THE RE-SUPPLY OF EQUIVALENT GOODS, OR THE COST THEREOF.
1.11 LIMITATION OF LIABILITY:
SUBJECT TO THE EXPRESS LIMITED WARRANTY ABOVE, IN NO EVENT WILL COREL, ITS DEALERS OR SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION WHATSOEVER) OR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF A COREL REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. COREL IS ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. IN THE EVENT THAT THE ABOVE LIMITATION OF LIABILITY IS NOT VALID IN YOUR JURISDICTION, COREL'S MAXIMUM AGGREGATE LIABILITY AND THAT OF COREL'S DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. THE FOREGOING EXCLUSIONS AND LIMITATIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. COREL IS ACTING ON BEHALF OF ITS DEALERS AND SUPPLIERS FOR THE PURPOSE OF DISCLAIMING, EXCLUDING AND/OR LIMITING OBLIGATIONS, WARRANTIES AND LIABILITY AS PROVIDED IN THIS LICENSE, BUT IN NO OTHER RESPECTS.
1.12 U.S. GOVERNMENT RIGHTS:
The Product under this License consists of "Commercial Computer Software" and "Commercial Computer Software Documentation" as those terms are described in 48 C.F.R. 252.227-7014(a)(1). If acquired by or on behalf of a civilian agency, the U.S. Government acquires this Commercial Computer Software and/or Commercial Computer Software Documentation subject to the terms of this License as specified in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal Acquisition Regulations ("FAR") and its successors. If acquired by or on behalf of any agency within the Department of Defence ("DOD"), the U.S. Government acquires this Commercial Computer Software and/or Commercial Computer Software Documentation subject to the terms of this License as specified in 48 C.F.R. 227.7202 of the DOD FAR Supplement ("DFAR") and its successors.
1.13 EXPORT CONTROLS:
If the Product is identified as a not-for-export product (for example, on the box, media or in the installation process), then, unless you have exemption from the United States Department of Commerce or other regulatory authority as designated from time to time the following applies: Except for export to Canada for Use in Canada by Canadian residents, the Product may not be exported outside of the United States or to any foreign entity or "foreign person" as defined by the U.S. government regulations, including without limitation, anyone who is not a citizen, national or lawful permanent resident of the United States. By agreeing to the terms of this License you are warranting to Corel that you are not a "foreign person" or under the control of a "foreign person".
To be eligible to Use or download the Product you must be in compliance with applicable export laws. You may only download, install and/or Use the Product if: (i) you are not a citizen, national or resident of, and are not under the control of, the government of: Cuba, Iran, Libya, North Korea, Sudan, Syria, nor any other country to which the United States has prohibited export; (ii) you will not download or otherwise export or re-export the Product, directly or indirectly, to the countries mentioned in clause (i) nor to citizens, nationals or residents of those countries; (iii) you are not listed in the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are you listed on the United States Department of Commerce Table of Denial Orders; (iv) you will not download or otherwise export or re-export the Product, directly or indirectly, to persons on the lists mentioned in clause (iii); and (v) you will not Use the Product for, and will not allow the Product to be Used for, any purposes prohibited by United States law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.
If you are not in compliance with the above statements, you are not eligible to Use or download the Product.
1.15 EXCEPTIONS FOR USERS LOCATED IN GERMANY OR AUSTRIA:
1.15.1 Limited Warranty for Users Located in Germany or Austria.
If you obtained the Product from Corel, a Corel channel partner or a Corel-authorized reseller in Germany or Austria and such country is your usual domicile, then Sections 1.9, 7.3 and other warranty provisions contained in this License are, to the extent inconsistent with this Section, replaced or amended by the statutory provisions on the substance and remedy of defects of goods, provided that: Corel may remedy substantial defects of the Product at its reasonable discretion by (i) providing a patch, update or replacement product or (ii) asking for return of the Product and cancelling the License. You are entitled to a reduction of the purchase price or a rescission of the License 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 24 months or, if you are a business, in 12 months. If you alter the Product in any way without being authorised by Corel, Corel will not remedy defects caused by such alteration and you are liable for any damages incurred by Corel due to your unauthorised 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. For further details, please see the Pre-Release Version Addendum below. To make a warranty claim you must provide a detailed error description to Corel Customer Service or, at Corel's request, return the Product, at Corel's expense, to Corel Corporation, 1600 Carling Avenue, Ottawa, Ontario, K1Z 8R7, Canada. For further warranty information, please contact Corel Customer Service.
1.15.2 Limitation of Liability for Users Located in Germany or Austria.
If you obtained the Product from Corel, a Corel channel partner or a Corel-authorized reseller in Germany or Austria and such country is your usual domicile, then Section 1.11 and other liability provisions contained in this License are, as far as inconsistent with this Section, replaced or amended as follows: Corel may be liable (i) without limitation for damages you have incurred under or in connection with this License only if the damage has been caused by the wilful or grossly negligent act of Corel or its agents; and (ii) 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 or its agents. Any further liability of Corel or its agents 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 German or Austrian Product Liability Act, 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 the user against the specific damage incurred, nor to damages due to loss of life, injury or prejudice to health.
1.15.3 If you are a business in Germany or Austria, the courts of the Province of Ontario, Canada shall have exclusive jurisdiction over any matter arising hereunder.
1.16 EXCEPTIONS FOR USERS LOCATED IN THE UNITED KINGDOM:
1.16.1 Limited Warranty.
If you (i) are acting as a consumer with your habitual residence in the United Kingdom; (ii) entered into this License in the United Kingdom; and (iii) you have obtained the Product from Corel, a Corel channel partner or a Corel-authorized reseller in the United Kingdom (a "Consumer"), then Sections 1.9, 7.3 and other warranty provisions contained in this License, to the extent inconsistent with this Section, will be replaced or amended by Sections 1.16.1, 1.16.2, 1.16.3 and 1.16.4.
Corel warrants to the person or entity who first purchases a license for the Product that the Product will be free from defects in material and workmanship for a period of six (6) months following receipt or download when Used on the recommended hardware configuration and otherwise in accordance with the terms and conditions of this License, provided that Corel shall not be liable for any (i) damage or loss which arises by way of accident, misuse, unauthorised repair or modification of the Product or Use of the Product for a purpose other than that for which it was designed, by you or a third party; (ii) defect in the Product caused by fair wear and tear, abnormal or unsuitable conditions or storage or Use or an act, neglect or default by you or a third party; or (iii) defect in the Product unless Corel is notified within six (6) months from the date of delivery.
To make a warranty claim you must return the Product, at Corel's expense to Corel Corporation, 1600 Carling Avenue, Ottawa, Ontario, Canada within such six (6) month period. Corel will not be liable for any warranty claims arising after the expiry of the warranty period. If Corel is liable under this warranty, Corel's only obligation is to: (i) replace or repair the Product; (ii) reduce the purchase price of the Product; or (iii) rescind the License and refund to you the amount paid by you for the Product
If you are dealing as a Consumer (pursuant to the Unfair Contract Terms Act 1977), Section 1.16.3 shall not apply to you to the extent English law prohibits the exclusion of those matters. In respect of consumer transactions only (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976), nothing in this License affects your statutory rights as a Consumer.
If you are a business in the United Kingdom or a Consumer, Sections 1.10, 7.3 and other disclaimer provisions contained in this License, to the extent inconsistent with this Section, will be replaced or amended by this Section 1.16.3. Except as expressly set out in this License (including Section 1.16.2), all conditions, warranties and representations, express or implied by statute, common law or otherwise, in relation to the Product are excluded. Corel will not be liable to you (in equity, contract or tort, under the Misrepresentation Act 1967 or in any other way) for a representation that is not set out in this License and you agree that you have not relied on or been induced by any statement or representation in entering into this License other than as expressly set out in this License.
1.16.4 Limitation of Liability.
If you are a business in the United Kingdom or a Consumer, Sections 1.11, 7.3 and other liability provisions contained in this License, to the extent inconsistent with this Section, will be replaced or amended by this Section 1.16.4. Corel will not be liable to you or any third party for any loss, liability, cost, damage or injury, direct or indirect, resulting from defects in design, materials or workmanship whether in contract, tort (including without limitation negligence), misrepresentation or otherwise, save as provided under this Section 1.16 and save for liability: (i) for death or personal injury resulting from Corel's negligence; (ii) for breach of the obligations arising from section 12 of the Sale of Goods Act 1979; (iii) arising under Part I of the Consumer Protection Act 1987; and (iv) for fraud.
Corel will not be liable to you whether in contract, tort (including without limitation negligence), misrepresentation or otherwise for: (i) any indirect or consequential losses or expenses suffered by you or any third party, howsoever caused; (ii) loss or damage incurred by you as a result of third party claims; (iii) loss of profits, goodwill, reputation, business receipts or contracts, or losses or expenses resulting from third party claims.
Corel's aggregate liability to you, whether in contract, tort (including without limitation negligence), misrepresentation or otherwise is limited in respect of each event or series of connected events to the cost of the defective or damaged Product which gives rise to such liability.
This License is the entire agreement between you and Corel, superseding any other agreement or discussions, representations or advertising, oral or written, other than a separate, valid, existing and applicable license agreement entered into between you and Corel or any of its subsidiaries (the "Other License") in which case that Other License governs to the extent of any inconsistency between this License and that Other License. This License may be modified only by a written document signed by an authorized officer of Corel. This License shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, and the parties agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario, Canada where permitted by applicable law, unless there is an Other License, in which case the choice of law and jurisdiction specified in that Other License shall prevail. This License specifically excludes (i) that body of law applicable to choice of law, and (ii) the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable. If any provision of this License is declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect. Except as expressly set forth herein to the extent permitted by applicable law, this License shall not prejudice the non-excludable, statutory rights of any party dealing as a consumer. You agree that this License and all documents contemplated hereby be drawn up in English. Vous consentez à ce que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.
1.18 COMPLIANCE WITH LICENSES:
If you are a business or organization, you agree that upon request from Corel or Corel's authorized representative, you will within thirty (30) days fully document and certify that Use of any and all Corel product at the time of the request is in conformity with your valid licenses from Corel.
1.19 ACTIVATION, REGISTRATION, MARKETING, PRIVACY, DATA COLLECTION, ACCESS AND ALTERATION:
1.19.1 Except as expressly limited by applicable law, you agree that:
(i) if this Product requires mandatory activation, your License and ability to Use this Product is contingent upon you successfully completing the activation process and providing Corel with accurate information as required by such process;
(ii) if this Product requires mandatory registration, your License and ability to Use this Product is contingent upon you successfully completing the registration process and providing Corel with accurate information as required by such process; and
(iii) Corel may provide you with product and marketing information regarding this Product and other Corel, and Corel third party marketing partners’, products and services while you are Using the Product.
1.19.3 You hereby acknowledge and consent to Corel:
monitoring your Use of the Product,
authenticating and periodically verifying your licensing rights in the Product,
collecting, transmitting, using, and sharing with Corel’s third party marketing partners, data relating to you and your Use of the Product for advertising, marketing, operational and other purposes,
accessing, utilizing and altering the existing functionality, including any default settings, of the computer system on which you Use the Product, and
receiving in-Product messages from Corel and its third party marketing partners,
1.19.4 If you fail to activate or register a Product which requires mandatory activation or registration in the amount of time specified in the Product, you will be unable to Use this Product and your License to Use the Product shall be suspended until such time as you promptly complete the activation and/or registration process. Any attempt to circumvent the activation or registration technology or other mechanism contained within the Product is a violation of this License and shall result in the automatic and immediate termination of your License to Use the Product.
1.20 MPEG LA, VC-1 AND AVC NOTICES:
If the Product includes features that enable: (i) editing or the manipulation of videos; (ii) the creation of dynamic slideshows with sound; or (iii) sharing of digital content on digital media such as CD-ROMs or DVDs, MPEG LA requires that Corel include the following notices:
1.20.1 MPEG-2 or MPEG-4 Notice.
you acknowledge that Use of the Product 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., 6312 S. Fiddlers Green Circle, Suite 400E, Greenwood Village, Colorado, 80111.
1.20.2 VC-1 Notice.
you acknowledge that this Product may be licensed under the VC-1 Patent Portfolio License for the personal and non-commercial use of a consumer to (i) encode video in compliance with the VC-1 standard (“VC-1 Video”) and/or (ii) 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. See http://www.mpegla.com.
1.20.3 AVC Notice.
you acknowledge that this Product may be licensed under the AVC Patent Portfolio License FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) encode video in compliance with the avc standard (“avc Video”) and/or (ii) 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. See http://www.mpegla.com.
2. COREL GUIDELINES FOR THE USE OF CLIPART, STOCK PHOTO IMAGES, VIDEO CONTENT, AUDIO CLIPS, FONTS AND SAMPLE CONTENT:
Corel products may contain clipart, photo images, video content, audio clips (collectively referred to as the "Images or Clips"), fonts (“Fonts”) and sample content such as forms, templates, “tubes” or similar items (collectively referred to as the “Sample Content”) which are either owned by Corel or licensed from a third-party. As a user of Corel products you are free to Use, modify and publish the Images or Clips, Fonts, or Sample Content as you wish subject to the restrictions set out below. If you are uncertain as to whether your intended Use is in compliance with the Guidelines set out below, Corel recommends that you seek the advice of your own attorney or legal counsel. Corel will not provide you with an opinion as to whether your Use is in compliance with these Guidelines.
2.1 YOU MAY, subject to any restrictions set out in Sections 2.2 and 2.3 below:
(i) incorporate any Images or Clips, Fonts, 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) 200__ [your name], Corel Corporation and its licensors. All rights reserved."; and
(ii) make one (1) copy of the Images or Clips, Fonts, or Sample Content for backup or archival purposes.
2.2 YOU MAY NOT:
(i) resell, sublicense or otherwise make available the Images or Clips or Fonts for Use or distribution separately or detached from a product or web page. For example, the Images or Clips or Fonts may be Used as part of a web page design, but not be made available for downloading separately or in a format designed or intended for permanent storage or re-use by others;
(ii) provide the Images or Clips or Fonts to third parties or permit the Use of the Images or Clips or Fonts 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 Fonts (including digital files) as part of a work product;
(iii) create scandalous, obscene, defamatory or immoral works using the Images or Clips, Fonts or Sample Content nor Use the Images or Clips, Fonts, or Sample Content for any other purpose which is prohibited by law;
(iv) Use or permit the Use of the Images or Clips, Fonts, 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, Fonts, 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 Fonts, or any copies thereof, to another person or legal entity. You may, however, transfer all your license to Use the Images or Clips or Fonts to another person or legal entity, provided that (i) you transfer the Product, including the Images or Clips or Fonts, and this License, including all copies (except copies incorporated into your work product as permitted under this License), to such person or entity, (ii) that 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 License;
(viii) Use any Images or Clips presented in any Product splashscreens, welcome screens, product packaging and/or marketing collateral; or
(ix) Use any Images or Clips, Fonts or Sample Content except as expressly permitted by this License.
2.3 GOVERNMENT CRESTS, SEALS AND OTHER INSIGNIA:
The national and municipal insignia contained in this product are protected by various laws against misuse. Generally speaking, all logos, insignia, patches, seals, flags and coats of arms are for official use only. It is your responsibility to obey all national and international laws regulating display of the insignia, seals, flags and coats of arms contained herein.
3. TRIAL, TRIAL EXTENSION OR STARTER VERSION ADDENDUM TO THE LICENSE:
3.1 If this Product is a Trial, Trial Extension or Starter Version, your Use of the Trial, Trial Extension or Starter Version Product is governed by the terms of the License as modified by the terms of this Trial, Trial Extension or Starter Version Addendum until such time as you purchase a license to the full retail version of the Product. In the event of any conflict between the terms of the License and this Trial, Trial Extension or Starter Version Addendum, the terms of the Trial, Trial Extension or Starter Version Addendum shall govern.
The Trial Version of the Product will become inoperable after a designated period of time (e.g. 30, 45 or 60 days) or after a specific number of product executions as specified by the Product after installation. After this date or this number of product executions, the License hereunder shall terminate and you will not be able to access any files created with this trial version unless you have licensed a retail version of the product or obtained on extension to the trial version (“Trial Extension”), if available. The Starter Version of the Product will include software code intended to disable functionality of certain premium features (which may vary from version to version) of the Product after a designated period of time (e.g. 30, 45 or 60 days) or after a specific number of product executions as specified by the Product after installation. After this date, the License hereunder shall survive for the remaining features in the Product.
This Trial, Trial Extension or Starter Version of the Product allows you to access a limited number of major module(s) included in the retail version of the Product and these are the only module(s) you will be able to install. Extra value components and applications of the retail version of the Product are not licensed to you with this Trial, Trial Extension or Starter Version. All references to other applications, extra libraries or other CD-ROMs that may appear in this Trial, Trial Extension or Starter Version of the Product are not applicable. Corel is licensing this Trial, Trial Extension or Starter Version of the Product on an "as is" basis, solely as a demonstration model and it should only be Used in a dedicated test environment that does not hold any risk of loss or damage to production data. You are granted a license to Use the Trial, Trial Extension or Starter Version of the Product only. Such License shall continue for the period specified in the Trial, Trial Extension or Starter Version of the Product, after which time your License to Use the Trial, Trial Extension or Starter Version shall terminate.
Any attempt to circumvent any expiry date technology/time bomb mechanism or other mechanism contained within the Product which is intended to limit your ability to Use the Product only as a Trial, Trial Extension or Starter Version or to a specified period is a violation of this License and shall result in the automatic and immediate termination of your License to Use the Product.
3.2 COREL DISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY KIND (INCLUDING IN NEGLIGENCE), HOWEVER, WHERE LEGAL LIABILITY CANNOT BE EXCLUDED FOR TRIAL VERSION SOFTWARE, BUT IT MAY BE LIMITED, COREL'S LIABILITY AND THAT OF ITS SUPPLIERS AND DEALERS SHALL BE LIMITED TO, AT COREL'S OPTION, THE AMOUNT PAID BY YOU FOR THE PRODUCT, OR THE REPAIR OR REPLACEMENT OF THE GOODS, THE RE-SUPPLY OF EQUIVALENT GOODS, OR THE COSTS THEREOF.
4. ACADEMIC, EDUCATION, STUDENT AND TEACHER, HOME AND STUDENT, AND HOME EDITION ADDENDUM TO THE LICENSE:
4.1 Academic and Education Edition Addendum to the License.
If this Product is identified as an Academic or Education Edition, your Use of this Product is governed by the terms of the License as modified by the terms of this Academic and Education Edition Addendum to the License. In the event of any conflict between the terms of the License and this Academic and Education Edition Addendum, the terms of this Academic and Education Edition Addendum to the License shall govern.
You are not entitled to Use the Product unless you qualify in your jurisdiction as an Academic End User. Please contact Corel Customer Service to find out whether you qualify. Notwithstanding anything to the contrary in the License, you may not (i) transfer or assign the Product or any copy thereof, or your License to Use the Product to a third party; and/or (ii) Use the Product in any way for any commercial purpose or in any commercial enterprise or business whatsoever. The Product may only be Used for personal purposes in a non-commercial environment.
4.2 Student and Teacher, Home and Student, Home Edition Addendum to the License.
If this Product is clearly labelled a Student and Teacher, Home and Student or Home Edition, your Use of the Product is governed by the terms of the License as modified by the terms of this Student and Teacher, Home and Student, Home Edition Addendum to the License. In the event of any conflict between the terms of the License and this Student and Teacher, Home and Student, Home Edition Addendum, the terms of this Student and Teacher, Home and Student, Home Edition Addendum to the License shall govern.
You may install and Use a copy of this Student and Teacher, Home and Student or Home Edition Product on up to three (3) computers in your household. Notwithstanding anything to the contrary in the License, you may not (i) transfer or assign the Product or any copy thereof, or your License to Use the Product to a third party; or (ii) Use the Product in any way for any commercial purpose or in any commercial enterprise or business whatsoever. The Product may only be Used for personal purposes in a non-commercial environment.
5. OEM EDITION ADDENDUM TO THE LICENSE:
OEM Edition Product is sold under license in conjunction with Corel Approved Partner products or services which are described in the warning located on the storage media and you are not entitled to Use this Product unless it was purchased in accordance therewith. You are not entitled to Use this Product if you received it as a stand-alone product. If this Product is identified as an OEM Edition Product, your Use of this Product is governed by the terms of the License as modified by the terms of this OEM Edition Addendum to the License. In the event of any conflict between the terms of the License and this OEM Edition Addendum, the terms of this OEM Edition Addendum to the License shall govern.
In the event your PC needs to be restored you may re-install the exact same version of the OEM Edition Product. OEM Edition Product licenses do not have backward licensing rights. Your PC is only licensed for the specific version of OEM Edition Product that was shipped with it.
The OEM Edition Product must be physically re-installed on the same PC. You cannot deploy and manage OEM Edition Product via your network. OEM Edition Product licenses cannot be combined to allow for enterprise network deployment. Only a volume license provides one license that allows you to deploy the Product to many users and manage it using one standard desktop image. You must acquire these additional license rights via volume licensing through Corel. Volume licensing can be deployed as part of a standard desktop image and is not limited by PC model, platform or territory. Please contact Corel and ask if OEM upgrade pricing is available, which may allow users to leverage their OEM Edition Product licenses and extend their license rights. Where available, volume licensing provides additional “enterprise” options, such as maintenance or software assurance, upgrade protection and enterprise support.
Notwithstanding anything to the contrary in the License, you may not transfer or assign the OEM Edition Product or any copy thereof, or your License to Use the OEM Edition Product to any other party.
6. SDK ADDENDUM TO THE LICENSE:
If this Product contains a Corel Software Developer's Toolkit ("SDK"), your Use of the SDK portion of the Product is governed by the terms of the License as modified by the terms of this SDK Addendum to the License. In the event of any conflict between the terms of the License and this SDK Addendum, the terms of this SDK Addendum to the License shall govern.
It is Corel's intention in designing the SDK to make it compatible with other versions of the SDK. However, since it is constantly being modified and reorganized, with certain capabilities added to or eliminated from any particular version or product, Corel makes no representations or warranties concerning compatibility with other versions or products.
You are solely responsible for determining the usefulness of the SDK for your particular purpose. The SDK is provided to software developers with the expectation that the developers are capable of writing and debugging their own programs; Corel does not assume any support obligations with respect to the SDK or the Use thereof. Any research, development, or evaluations you perform is done entirely at your own risk.
6.1 YOU MAY:
(i) Use the SDK solely for the purpose of developing, manufacturing, marketing and supporting one or more Corel application software package(s) ("Software Application Product"); and
(ii) reproduce and sublicense the software program files included in the SDK's 'Redistributables' folder ("SDK files"), provided the files are in executable format and incorporated into a Software Application Product developed by you. Any sublicense of the SDK files shall be granted solely for the Use of these SDK files in connection with and as a sublicensed part of a Software Application Product for any support, service, upgrades or other assistance.
6.2 YOU MAY NOT:
(i) remove or alter any copyright notice, trademark, or other proprietary rights notice placed by Corel on the SDK or any portion thereof; and
(ii) distribute the Product, unless you have another written agreement directly with Corel that expressly supersedes this License and controls and alters your distribution of this Product.
You agree to indemnify and hold Corel harmless from and against any and all costs, liabilities, claims, or demands (including reasonable attorney's fees and expenses of any kind whatsoever) that arise or result from the Use, reproduction or distribution of your Software Application Product, documentation, or promotional or sales materials.
6.4 COREL TRADEMARKS AND TRADENAMES:
You may not refer to Corel or include any Corel trademarks in or on any material except for the sole purpose of stating that a Software Application Product may be utilized in connection with the specific Corel software product. In the event you refer to Corel or include the trademarks in or on any program materials or any packaging, marketing, or advertising materials, the trade name or trademarks must be accompanied with the following footnote disclaimer printed in a clearly legible manner on the same page in no smaller than ten-point type:
"This product is not manufactured, approved, or supported by Corel Corporation."
7. PRE-RELEASE VERSION ADDENDUM TO THE LICENSE:
If this Product is a Pre-Release Version, your Use of this Product is governed by the terms of the License as modified by the terms of this Pre-release Version Addendum to the License. In the event of any conflict between the terms of the License and this Pre-release Version Addendum, the terms of this Pre-Release Version Addendum to the License shall govern. In the event that you are an authorized Corel Pre-release or Beta Test Site and have been authorized to test a Pre-release Version product that has not been made publicly available by Corel, your Use of the Pre-release Version product shall be governed by the terms of the Pre-release or Beta Test Site License Agreement entered into between Corel and yourself and the provisions set out below shall not apply to the extent of any conflict or inconsistency with the terms of the Pre-release or Beta Test Site License Agreement.
7.1 LICENSE GRANT: Corel grants to you a non-exclusive license to Use the Product for evaluation and trial purposes only for a limited time. This license does not entitle you to hard-copy documentation, support or telephone assistance. While Corel intends to distribute a commercial release of the Product, Corel reserves the right at any time not to release a commercial release of the Product or, if released, to alter prices, features, licensing terms, or other characteristics of the commercial release.
7.2 TERMINATION: The License granted under this Pre-release Version Addendum will terminate thirty (30) days following Corel's commercial release of the Product. The license will terminate automatically if you fail to comply with the limitations described herein. You must destroy all copies of the Product upon termination.
7.3 DISCLAIMER OF WARRANTIES: YOU ACKNOWLEDGE THAT THE PRODUCT IS A PRE-RELEASE VERSION PRODUCT AND IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY. THE PRODUCT MAY CONTAIN BUGS, ERRORS AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM FAILURES OR DATA LOSS AND MAY NOT PERFORM ALL FUNCTIONS FOR WHICH IT IS INTENDED OR REPRESENTED AND SHOULD ONLY BE USED IN A DEDICATED TEST ENVIRONMENT THAT DOES NOT HOLD ANY RISK OF LOSS OF OR DAMAGE TO PRODUCTION DATA. THE USE OF THE PRODUCT IS ENTIRELY AT YOUR RISK. COREL DISCLAIMS ANY AND ALL WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF ANY KIND (INCLUDING IN NEGLIGENCE). WHERE LEGAL LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE VERSION SOFTWARE, BUT IT MAY BE LIMITED, COREL'S LIABILITY AND THAT OF ITS SUPPLIERS AND DEALERS SHALL BE LIMITED TO, AT COREL'S OPTION, THE AMOUNT PAID BY YOU FOR THE PRODUCT, OR THE REPAIR OR REPLACEMENT OF THE GOODS OR SERVICES, THE RE-SUPPLY OF EQUIVALENT GOODS OR SERVICES, OR THE COSTS THEREOF. SUBJECT TO ANY NON-EXCLUDABLE TERMS IMPLIED BY OPERATION OF LAW, THIS DISCLAIMER IS IN LIEU OF ALL WARRANTIES, REPRESENTATIONS, CONDITIONS OR TERMS, WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES AND CONDITIONS OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.