2 IMPORTANT NOTICE: PLEASE READ THIS END-USER
3 LICENSE AGREEMENT (EULA) CAREFULLY
5 BY DOWNLOADING, ACCESSING, INSTALLING OR USING THE SOFTWARE AND
6 DOCUMENTATION ("SOFTWARE"), YOU AGREE TO THE TERMS OF THIS EULA. IF YOU DO
7 NOT AGREE TO THE TERMS OF THIS EULA, DO NOT DOWNLOAD, INSTALL, ACCESS OR
8 USE THE SOFTWARE. THIS EULA CONTAINS DISCLAIMERS OF WARRANTIES AND
9 LIMITATIONS OF LIABILITY AND EXCLUSIVE REMEDIES. THE PROVISIONS BELOW FORM
10 THE ESSENTIAL BASIS OF OUR AGREEMENT.
12 This EULA is a legal agreement between You and Corel Corporation,
13 including its subsidiaries, affiliates and contractors acting on Our
14 behalf (collectively "Corel", "Us", "We", or "Our") regarding Your use of
15 the Corel, or one of its subsidiary's Software. Corel includes WinZip
16 Computing S.L. that is owned separately by Corel. Unless You have another
17 written agreement with Corel regarding this Software, then Your use of
18 this Software is governed by this EULA. From time to time, We may in Our
19 sole discretion update or modify the EULA. The most recent version of the
20 EULA is located at: http://www.corel.com/eula
22 IF YOU AGREE TO THIS EULA, YOU ARE GRANTED A LIMITED, PERSONAL, WORLDWIDE,
23 ROYALTY-FREE, NON-ASSIGNABLE, NON-SUBLICENSEABLE, NON-TRANSFERABLE AND
24 NON-EXCLUSIVE LICENSE TO USE THE SOFTWARE. YOU ARE PERMITTED TO USE ONE
25 (1) COPY OF THE SOFTWARE FOR YOUR (A) PRIVATE, NON-COMMERCIAL PURPOSES AS
26 A PRIVATE USER, AND/OR (B) COMMERCIAL PURPOSES AS A SERVICE PROVIDER IN A
27 COMMERCIAL BUSINESS ("BUSINESS USER"). THIS SOFTWARE IS LICENSED PER
28 HOUSEHOLD OR PER SINGLE ADDRESS ("ADDRESS"). EXCEPT FOR THE COREL PRODUCTS
29 LISTED BELOW, YOU MAY ONLY DOWNLOAD AND INSTALL THE SOFTWARE ON ONE
30 COMPUTING DEVICE. YOU MAY NOT RE-INSTALL THE SOFTWARE ON A SECOND
31 COMPUTING DEVICE UNLESS THE ORIGINAL COMPUTING DEVICE FAILS, IF
32 AUTHORIZATION CODES ARE REQUIRED YOU MAY NEED TO CONTACT CUSTOMER SERVICE
33 AND REQUEST APPROVAL TO RE-INSTALL THE SOFTWARE ON A NEW COMPUTING DEVICE,
34 AND YOU CERTIFY TO COREL THAT YOU DEINSTALLED THE SOFTWARE FROM THE FAILED
35 COMPUTING DEVICE. PRIVATE AND BUSINESS USERS OF AFTERSHOT, COREL CAPTURE,
36 COREL CONNECT, COREL WEBSITE CREATOR, CORELDRAW, COREL DESIGNER, CORELCAD,
37 COREL OFFICE, COREL PAINTER, COREL PDF FUSION, PAINTSHOP PRO, PAINTSHOP
38 PHOTO PRO, PARADOX, COREL PHOTO-PAINT, PRESENTATIONS, QUATTRO PRO, WINZIP
39 SOFTWARE AND WORDPERFECT THAT HAVE MULTIPLE COMPUTING DEVICES (E.G.,
40 STAND-ALONE COMPUTER, LAP-TOP AND MINI/PORTABLE PC), MAY DOWNLOAD AND
41 INSTALL ANY OF THESE SOFTWARE PRODUCTS ON UP TO THREE (3) SYSTEMS IN A
42 SINGLE ADDRESS, HOWEVER IT CAN ONLY BE USED BY YOU ON ONE (1) SYSTEM AT A
43 TIME. IF YOU HAVE PURCHASED MULTIPLE LICENSES FOR THE SOFTWARE, AT ANY
44 TIME YOU MAY HAVE AS MANY COPIES OF THE SOFTWARE IN USE AS YOU HAVE
47 LICENSE TO USE THE SOFTWARE. The Software is licensed to You, not sold to
48 You. You must lawfully acquire the Software from Us, or Our authorized
49 resellers. Otherwise You don't have a right to use the Software. You may
50 only purchase and/or download the Software from Corel's or its authorized
51 reseller's store, eStore, or website that is located in the country in
52 which you hold legal residency. This EULA does not apply to any Software
53 installed on a hardware partition, blade, or terminal server, or in any
54 other virtualization environment (collectively "Virtualization
55 Environment"). You may not allow the Software to be accessed, operated, or
56 viewed from, or installed or uploaded to, other computers through a
57 network connection. A separate license agreement must be entered into with
58 Corel to obtain the right to use the Software for a Virtualization
59 Environment, network connections or volume purchases. You agree that if
60 the Software requires mandatory activation or email validation, You will
61 complete the process providing Corel with accurate information. Your use
62 of the Software is suspended until You complete the activation and/or
63 registration process. The Software may include digital images, stock
64 photographs, clip art, fonts, sounds or other artistic works ("Stock
65 Files"). The responsibilities and restrictions relating to the Software
66 apply to the Stock Files. Corel reserves all rights not expressly granted
67 to You in this EULA. BUSINESS USERS: If You are a business, You agree to
68 maintain records, systems and/or procedures that accurately record of the
69 number of copies of the Software that have been acquired and installed on
70 Your Computers and will keep the records for two (2) years from the date
71 Your license to use the Software ends. Corel may conduct an audit
72 (remotely or at Your facility) of records and systems from Your business,
73 to verify that Your installation of the Software conforms with a valid
74 license from Corel. Corel will not conduct more than one (1) audit per
75 year. If the audit results find that Your use does not conform to a valid
76 license, then You will immediately obtain a valid license for the
79 YOUR RESPONSIBILITIES WHILE USING THE SOFTWARE. With regard to Your Use of
80 the Software under this EULA, You have certain responsibilities. The
81 Software may include product activation and other technology designed to
82 prevent unauthorized use and copying. You may not sell, rent, lease,
83 resell, or loan the Software. If You purchase the Software as a gift to a
84 third person, the third person must accept the terms of this EULA before
85 using the Software. You may not reverse engineer, decompile or disassemble
86 the Software. While We own Our Software, You own and are responsible for
87 the content ("Content") that You create or have created for You resulting
88 from the use of Our Software (including any add-ons or plug-ins to Our
89 Software that You create or have created for You). You agree that, in
90 connection with Your use of the Software, You are responsible for the
91 direct and/or indirect consequences of any of the (a) Content You create
92 and (b) third party photos or images that You use or modify in creating
93 Your Content, especially in situations where You share Your Content with
94 family, friends, clients and/or third parties such as members of social
95 networking sites (e.g., Facebook, Flickr, LinkedIn, etc.). Corel can
96 neither monitor nor control what third party social networking sites or
97 the members or users of such sites do with Your content You share. You are
98 responsible for independently verifying the accuracy and completeness of
99 Your content (e.g. any technical illustrations or diagrams for operation
100 guides, parts catalogs, schematics, writing diagrams, assembly
101 instructions, maintenance manuals, architectural presentations or other
102 materials You create and/or modify using Our Software). You may not modify
103 or create derivative works based upon the Software. You represent and
104 warrant to Us that You will comply with all applicable laws and
105 regulations impacting Your use of the Software including data protection
106 and privacy laws. You agree that You will not use the Software in a way
107 that is unlawful or that violates the rights of a third party. If We get
108 sued or a claim is brought against Us by a third party due to (a) Your
109 actions, (b) Your failure to act when required, or (c) Your content, then
110 You agree to defend, indemnify and hold Corel harmless. You may receive
111 updates, bug fixes, feature enhancements or improvements, or other data
112 relating to the Software (collectively "Updates") downloaded to Your
113 computer with a notice describing what is included in the Update and the
114 purpose of the Update. You will have to choose either to install the
115 Update on Your computer device or opt out and not install the Update. If
116 You do not install the Updates the Software may not perform properly.
118 OUR INTELLECTUAL PROPERTY RIGHTS. The Software is protected by United
119 States and Canadian Intellectual Property laws and international
120 intellectual property laws and treaty provisions. Therefore, You may not
121 distribute the Software without Our permission. If You purchase or
122 download the Software in China, India, Indonesia or Vietnam, You may not
123 copy the Software or printed materials accompanying the Software for any
124 purpose. If You purchase or download the Software in a country not
125 specifically prohibited under this EULA, You may only make one (1) copy of
126 the Software or You may keep one (1) copy of the Software on a single hard
127 drive for backup or archival purposes. For backup or archival purposes
128 only, You may either make only one (1) copy of the Software and the
129 Printed Materials or print one copy of any user documentation if You
130 downloaded the Software or You may keep one (1) copy the Software and
131 printed materials (or User Documentation) on a single hard drive.
132 Otherwise, You may not copy the Software or the printed materials
133 accompanying the Software (or print copies of any user documentation if
134 You downloaded the Software). You agree that Corel, the Corel logos, and
135 other Corel trademarks, service marks, and graphics are trademarks of
136 Corel (some in the United States and/or other countries) or are trademarks
137 of Corel's partners ("Marks"). You are not granted a right to use Marks
138 without the owner's permission. You will not remove, obscure or alter any
139 proprietary notices affixed to or contained within the Software. You
140 understand and agree that We have the right to stop selling, distributing,
141 servicing or updating the Software (any part of it), and services or
142 offerings at any time.
144 USAGE AUDITING, PIRACY AND OUR PRIVACY POLICY. Our audit and collection of
145 any of Your data and Your use of the Software is subject to Corel's
146 Privacy Policy (http://www.corel.com/privacy). We may audit Your software
147 usage for anti-piracy purposes, to verify a valid registration, and
148 identify if new Updates are available for Your Computer prior to sending
149 You a notice to install a new Software Update, and to assess Your use of
150 the Software. You consent to the Software sending usage data (e.g., the
151 number of instances the Software is launched, the device IP address,
152 and/or the version of the Software), for registration, authentication, use
153 and anti-piracy auditing and enforcement purposes.
155 PRE-COMMERCIAL RELEASE OR BETA SOFTWARE. If the Software You have received
156 with this EULA is a pre-commercial release or a beta version, then You
157 understand the Software is pre-release, non-commercial version and does
158 not represent a final product of Corel. The Software may contain bugs,
159 errors and other problems that could cause computer system failures and
160 data loss. THEREFORE, ALL PRE-RELEASE OR BETA SOFTWARE IS PROVIDED ON AN
161 "AS-IS" BASIS AND COREL DISCLAIMS ANY AND ALL WARRANTIES OR LIABILITY TO
164 ACADEMIC SOFTWARE. If the Software is identified as an academic or
165 education edition version in the user documentation, on the packaging of
166 the Software or on the purchase or download page of the website, and You
167 qualify as an academic end user, You may install and access one (1) copy
168 of the Software on up to the permitted number of computers, as agreed to
169 by You and Corel, but only for educational purposes and for no other
170 purpose. Academic versions of the Software may not be used for commercial,
171 professional, or other for-profit purposes. Notwithstanding the foregoing,
172 You are not entitled to use the Software unless You qualify in Your
173 jurisdiction as an academic end user (e.g., student or personal learning
174 versions of the Software may only be used by faculty, staff members and
175 degree, diploma or certificate-seeking students at qualified educational
176 institutions). Contact Corel via Our Academic Software web page
177 (http://www.corel.com/education) or Your local Corel authorized reseller
178 to determine whether You qualify as an academic end user and to learn more
179 about Our academic programs and products. Work product and other data
180 created with academic or education edition versions of the Software may
181 contain certain notices and limitations that make the data unusable
182 outside the educational use area. If You combine or link data created with
183 educational institutional versions, student versions, or personal learning
184 editions of the Software with data otherwise created, then that data may
185 also be affected by these notices and limitations. Corel shall have no
186 responsibility or liability whatsoever if You combine or link data created
187 with educational institutional versions, student versions, or personal
188 learning editions of the Software.
190 Student and Teacher, Home and Student, Home Edition Addendum. If this
191 Software is clearly labeled a Student and Teacher, Home and Student or
192 Home Edition, Your Use of this Software is governed by the terms of this
193 EULA as modified by the paragraph below. In the event of any conflict
194 between the terms of this EULA and the paragraph below, the paragraph
197 You may install and USE, at the same time, this Student and Teacher, Home
198 and Student or Home Edition Software on up to three (3) computers at Your
199 Address. Notwithstanding anything to the contrary in the EULA, You may not
200 (a) transfer or assign this Software to a third party; or (b) use this
201 Software for any commercial purpose or in any commercial enterprise or
202 business. This Software may only be used for personal purposes in a
203 non-commercial environment.
205 EVALUATION SOFTWARE. If the Software is identified as a demonstration,
206 evaluation, trial, "not for sale" ("NFS") or "not for resale" ("NFR")
207 version ("Evaluation Version") in the applicable user documentation You
208 may install and access one (1) copy of the Software only for the purpose
209 of evaluation and/or demonstration. Unless You are authorized by Corel,
210 You may not use Our Software for competitive analysis, or commercial,
211 professional, or other for-profit purposes. You understand that at the end
212 of the evaluation period, You must either stop using the Software or pay
213 for the Software to continue using it. If You fail to pay for it, then
214 Your license terminates. Upon expiration of the evaluation period, You
215 will immediately discontinue use of the Evaluation Version and delete and
216 destroy all electronic copies of the Evaluation Version including, but not
217 limited to, all user documentation that may have been provided as part of
218 the evaluation from Your computer and any other computer devices on which
219 You have installed the Evaluation Version. Any attempt to circumvent any
220 expiration date technology is in violation of this EULA and will
221 automatically and immediately terminate Your license to use the Evaluation
222 Version. Notwithstanding the foregoing, additional terms apply to the
223 WinZip products, as set forth below in the Additional License Terms
224 section of this EULA.
226 OEM EDITION PRODUCT. If the Software is identified as an OEM Edition
227 product, You may only use the Software with the original computer or
228 electronic equipment (the "Original Equipment") with which the Software
231 LIMITED AND RESTRICTED WARRANTY. If You purchased the Software on a
232 computer disc, then Corel warrants that the media on which Software is
233 furnished will be free of defects in materials and workmanship under
234 normal use for a period of ninety (90) days from the date You purchased
235 the Software. The Software when properly installed and under normal use
236 will substantially conform to the features and functionality as set forth
237 in the documentation accompanying the Software, however, the Software may
238 contain normal bugs and errors. Therefore, the Software is provided on an
239 "AS IS" basis with the understanding that bug fixes and Updates will be
240 provided from time to time. This warranty is valid only for the original
241 purchaser of the Software. IF THE DISC IS DEFECTIVE, THEN COREL'S ENTIRE
242 LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL BE
243 REPLACEMENT OF THE DEFECTIVE COMPUTER DISC IF YOU RETURN THE DEFECTIVE
244 DISC TO US WITH A COPY OF YOUR RECEIPT. Your right to a replacement of the
245 Software is void if the damage to the disc is a result of accident, abuse
246 or misapplication. Any replacement Software will be warranted for the
247 remainder of the original warranty period. YOU ASSUME ALL RESPONSIBILITIES
248 FOR CHOOSING, INSTALLING, AND USING THE SOFTWARE. TO THE MAXIMUM EXTENT
249 PERMITTED BY APPLICABLE LAW, COREL DISCLAIMS ALL OTHER WARRANTIES, EITHER
250 EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
251 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT
252 WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS.
254 SOME STATES OR COUNTRIES DO NOT ALLOW THE WARRANTY EXCLUSION OR
255 LIMITATIONS; THE ABOVE LIMITATION MAY NOT APPLY TO YOU. In such instances
256 and as long as You obtained the Software from Corel, or a Corel authorized
257 reseller, Corel may remedy substantial defects of the Software at its
258 reasonable discretion by (a) providing a patch, Update or replacement of
259 the Software, or (b) asking for return of the Software and cancelling the
260 EULA. You are entitled to a reduction of the purchase price or a
261 rescission of the EULA only if Corel has repeatedly failed to remedy the
262 defect after a reasonable period of time. If You are a consumer, Your
263 claims under this clause are time-barred in twenty-four (24) months; if
264 You are a business, Your claims under this clause are time-barred in
265 twelve (12) months. If You alter the Software in any way without being
266 authorized by Corel, Corel will not remedy defects caused by such
267 alteration and You are liable for any damages incurred by Corel due to
268 Your unauthorized alteration. IF YOU INSTALL PRE-RELEASE VERSION PRODUCTS
269 MARKED AS SUCH, YOU DO SO AT YOUR OWN RISK. Pre-release version products
270 are to be used only for test purposes in testing environments and must not
271 be used for production purposes. To make a warranty claim You must provide
272 a detailed error description to Corel Customer Service or, at Corel's
273 request, return the Software along with any return materials authorization
274 information provided to You by Corel, at Corel's expense, to Corel
275 Corporation, 1600 Carling Avenue, Ottawa, Ontario, K1Z 8R7, Canada. For
276 further warranty information, please contact Corel Customer Service at
279 NO LIABILITY FOR OPEN SOURCE MATERIALS. THE SOFTWARE MAY CONTAIN "OPEN
280 SOURCE" MATERIALS (E.G., ANY SOFTWARE SUBJECT TO OPEN SOURCE, COPYLEFT,
281 GNU GENERAL PUBLIC LICENSE, LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL
282 PUBLIC LICENSE, MOZILLA LICENSE, BERKELEY SOFTWARE DISTRIBUTION LICENSE,
283 OPEN SOURCE INITIATIVE LICENSE, MIT, APACHE OR PUBLIC DOMAIN LICENSES, OR
284 SIMILAR LICENSE). COREL MAKES NO WARRANTIES, AND SHALL HAVE NO LIABILITY,
285 DIRECT OR INDIRECT, WHATSOEVER WITH RESPECT TO OPEN SOURCE MATERIALS
286 CONTAINED IN THE SOFTWARE.
288 NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE
289 COST OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR COMPILED
290 BY THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
291 EVENT WILL COREL OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES
292 WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
293 PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER
294 PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE,
295 EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
296 NO EVENT WILL COREL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR
297 MORE CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. THIS
298 LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE
299 OF ANY LIMITED REMEDY.
301 SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
302 LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; THE ABOVE LIMITATION
303 MAY NOT APPLY TO YOU. In such instances and as long as You obtained the
304 Software from Corel, or a Corel authorized reseller, Corel may be liable
305 to You (a) without limitation for damages You have incurred under or in
306 connection with this EULA only if the damage has been caused by the
307 willful or grossly negligent act of Corel; and (b) for those typical
308 damages that were reasonably foreseeable and which have been caused by any
309 other negligent breach of an essential contractual duty by Corel. Any
310 further liability of Corel is excluded. These aforementioned limitations
311 apply irrespective of their legal basis, in particular with regard to any
312 pre-contractual or auxiliary contractual claims. These limitations shall
313 not apply, however, to any mandatory liability under the applicable
314 product liability laws, nor to any damage which is caused due to the
315 breach of an express warranty to the extent that such express warranty was
316 intended to protect consumers against the specific damage incurred, nor to
317 damages due to loss of life, injury or prejudice to health
319 U.S. GOVERNMENT-RESTRICTED RIGHTS. The Software and any accompanying
320 documentation are "commercial computer software" and "commercial computer
321 software documentation," under DFAR Section 227.7202 and FAR Section
322 12.212. Any use, modification, reproduction release, performance, display
323 or disclosure of the Software and accompanying documentation by the U.S.
324 government will be governed solely by the terms of this EULA and will be
325 prohibited except to the extent expressly permitted by the terms of this
328 EXPORT RESTRICTIONS. You may not download, distribute, export, re-export,
329 or redistribute the Software, including any Corel shareware product, (a)
330 into, or to a national or resident of any country to which the United
331 States has embargoed goods, or (b) to anyone on the United States Treasury
332 Department's list of 'Specially Designated' nationals or the United States
333 Commerce Department's 'Table of Deny Orders'. By downloading or using the
334 Software, You are representing and warranting that You are not located in,
335 under the control of, or a national or resident of any such country or on
336 any such list. Except pursuant to an express, written, fully-executed
337 agreement with Corel, You may not purchase a license to use the Software
338 for the purpose of exporting it to a country other than the original
339 country of sale, nor may You retain the services of a third party to
340 purchase a license to use the Software if in doing so You will require
341 such third party to send (via any means, electronic or otherwise) the
342 Software to You in a country other than the original country of sale.
344 GENERAL. If You purchased or downloaded the Software in the United States
345 then this EULA is governed by the laws of the United States and the State
346 of California, without reference to conflict of laws principles. Any
347 dispute between You and Corel regarding this EULA will be subject to the
348 exclusive venue of the state and federal courts in the State of
349 California. This EULA specifically excludes the United Nations Convention
350 on Contracts for the International Sale of Goods and any legislation
351 implementing such 'Convention', if otherwise applicable. Except as
352 expressly set forth herein to the extent permitted by applicable law, this
353 EULA shall not prejudice the non-excludable, statutory rights of any party
354 dealing as a consumer. If You acquired the Software in Canada, unless
355 expressly prohibited by local law, this EULA is governed by the laws in
356 force in the Province of Ontario, Canada; and, any dispute between You and
357 Corel regarding this EULA will be subject to the exclusive jurisdiction of
358 the federal and provincial courts sitting in Toronto, Ontario. If You
359 acquired the Software in the European Union, Iceland, Norway, or
360 Switzerland, then local law applies. If You acquired the Software in any
361 other country, then local law may apply. This EULA is the entire agreement
362 between You and Corel and supersedes any other communications or
363 advertisements with respect to the Software and documentation. The
364 Software, or any feature or part thereof, may not be available in all
365 languages or in all countries. If Corel has provided You with a
366 translation of the English language version of this EULA, You agree that
367 such translation is provided for Your convenience only and that the
368 English language version, not the translation, of this EULA will be
369 legally binding on You. The English language version of this EULA and not
370 its translation(s) will govern in the event of a conflict between the
371 English language version and a translation. The original English version
372 of the EULA can be found at www.corel.com/eula.
374 If and to the extent any provision of this EULA is held illegal, invalid,
375 or unenforceable in whole or in part under applicable law, such provision
376 or such portion thereof shall be ineffective as to the jurisdiction in
377 which it is illegal, invalid, or unenforceable but only to the extent of
378 its illegality, invalidity, or unenforceability and shall be deemed
379 modified to the extent necessary to conform to applicable law so as to
380 give the maximum effect to the intent of the parties. No term or provision
381 in the EULA will be considered waived, and no breach excused, unless such
382 waiver is in writing signed on behalf of the party against whom the waiver
383 is asserted. No waiver (whether express or implied) will constitute
384 consent to, waiver of, or excuse of any other, different, or subsequent
385 breach. No modifications or amendments to this EULA will be binding upon
386 Corel unless made in writing and duly executed by You and an authorized
387 representative of Corel.
389 Some Corel Software versions may not be compatible with various computer
390 operating systems and Corel may not release Updates. Your Software may not
391 be compatible with computer operating systems that You may purchase now or
394 You understand that Corel Software may be incorporated into, and may
395 incorporate itself into, software and other technology owned and
396 controlled by third parties. This EULA remains effective with such
397 incorporation. Any and all other third party software or technology that
398 may be distributed together with the Corel Software (as bundled third
399 party software) may be subject to You explicitly accepting a license
400 agreement with that third party. Where such bundled third party software
401 includes software from Right Hemisphere, Inc., use of that bundled
402 software product is subject to the end user license available at
403 http://www.righthemisphere.com/eula, and Your use of that software
404 constitutes acceptance of such terms. Corel's licensors shall be a direct
405 and intended third party beneficiary of this EULA.
407 ADDITIONAL EULA TERMS
409 ADDITIONAL TERMS APPLICABLE TO FIXED TERM LICENSES:
410 Subject to the terms and conditions of this EULA, in the instance of a
411 fixed term license, the license to use the Software begins on installation
412 and shall be for the duration identified by Corel in the applicable
413 invoice, or by the Corel authorized OEM or Corel authorized reseller in
414 its invoice. Use of the software before or beyond the applicable fixed
415 term, or any attempt to defeat the time-control disabling function in the
416 Software, is an unauthorized use and constitutes a material breach of this
417 EULA and applicable law.
419 You may install the Software on only one computing device. You may not
420 install the Software on another computing device unless the original
421 computing device fails. In the event of failure, it will be necessary for
422 you to contact customer service and request approval to reinstall the
423 Software on a new computing device. You will be required to certify that
424 the original computing device failed, and will be provided with an
425 activation code that will enable to you install the Software on another
426 computing device for the remainder of the term.
428 ADDITIONAL TERMS APPLICABLE TO USERS OF COREL DVD XPACK, DVD+AVCHD XPACK,
429 ULTIMATE XPACK, MP3 & DVD XPACK ("XPACK LINE OF PRODUCTS"):
430 With respect to Corel's Xpack line of products, You agree that You will
431 not use Corel products in those jurisdictions where use of video and/or
432 audio decoder software is unlawful.
434 ADDITIONAL TERMS APPLICABLE TO USERS OF WINDVD, VIDEOSTUDIO PRO:
435 You acknowledge that use of the Software in any manner that complies with
436 the MPEG-2 or MPEG-4 standard is expressly prohibited without a license
437 under applicable patents in the MPEG-2 patent portfolio or MPEG-4 patent
438 portfolio, as applicable, which license is available from MPEG LA, L.L.C.
439 (http://www.mpegla.com/main/default.aspx), 6312 S. Fiddlers Green Circle,
440 Suite 400E, Greenwood Village, Colorado, 80111, USA.
442 You acknowledge that the software may be licensed under the VC-1 patent
443 portfolio license for the personal and non-commercial use of a consumer to
444 (a) encode video in compliance with the VC-1 standard ("VC-1 video")
445 and/or (b) decode VC-1 video that was encoded by a consumer engaged in a
446 personal and non-commercial activity and/or was obtained from a video
447 provider licensed to provide VC-1 video. No license is granted or shall be
448 implied for any other use. Additional information may be obtained from
449 MPEG LA, L.L.C. (http://www.mpegla.com/main/default.aspx).
451 You acknowledge that the software may be licensed under the AVC patent
452 portfolio license for the personal and non-commercial use of a consumer to
453 (a) encode video in compliance with the AVC standard ("AVC video") and/or
454 (b) decode AVC video that was encoded by a consumer engaged in a personal
455 and non-commercial activity and/or was obtained from a video provider
456 licensed to provide AVC video. No license is granted or shall be implied
457 for any other use. Additional information may be obtained from MPEG LA,
458 L.L.C. (http://www.mpegla.com/main/default.aspx).
460 You agree that the software may be licensed under the MP3 license. Supply
461 of the software does not convey a license or imply any right to distribute
462 MP3-encoded or MP3PRO-encoded data in revenue-generating broadcast
463 systems, streaming applications, other content distribution systems, or on
464 physical media. An independent license for such use is required.
465 Additional information may be obtained from the MP3 licensing website
466 (http://mp3licensing.com).
468 If You have purchased the Software as a retail standalone product, Corel
469 has paid the royalties for the above licenses.
471 ADDITIONAL TERMS APPLICABLE TO USERS OF WINZIP SOFTWARE:
472 You agree that Corel cannot guarantee that the encryption technology
473 contained in Corel WinZip products is completely secure from decoding by
474 third parties. Accordingly, Corel will not be responsible for any losses
475 whatsoever resulting from third party decoding of, or access to, Your
478 The WinZip Software you acquired may have been acquired without charge and
479 may under those circumstances be used for a limited period of time for
480 evaluation purposes. Your use of WinZip Software acquired without charge
481 is subject to the following additional terms: (a) You may make as many
482 exact copies of the WinZip Software as You wish for evaluation purposes
483 using tangible physical media (e.g., compact discs); (b) You may
484 distribute individual exact copies of the WinZip Software for evaluation
485 purposes only, without charge to You or the recipient; (c) You may not
486 distribute the WinZip Software with any other product; (d) If You
487 distribute the WinZip Software You may do so by electronic download or
488 email, but not through the use of bulk mail, spam or unsolicited emails.
489 For purposes of the foregoing, "exact copy" means a file that is, for
490 example, identical to the WinZip distribution file available at
493 Self-extracting Zip files created by WinZip's 'Self-Extractor Personal
494 Edition' may contain extractor software ("Extraction Software"). You may
495 not alter or modify the Extraction Software, nor give anyone permission to
496 do so. Under no circumstances are You licensed to distribute Extraction
497 Software. If You create self-extracting Zip files using an evaluation
498 version of WinZip Self-Extractor Personal Edition You may not transmit
499 Your Zip files to a third party. However, the fully licensed WinZip
500 Self-Extractor Personal Edition may be used to create an unlimited number
501 of freely distributable, royalty-free, self-extracting Zip files.
503 ADDITIONAL TERMS APPLICABLE TO USERS OF WORDPERFECT OFFICE:
504 You acknowledge this product may incorporate intellectual property owned
505 by Microsoft(R) Corporation. The terms and conditions upon which Microsoft
506 licenses its intellectual property can be obtained by contacting Microsoft
508 http://www.microsoft.com/about/legal/en/us/IntellectualProperty/IPLicensing/.
510 ADDITIONAL TERMS APPLICABLE TO USERS OF SOFTWARE LOCATED IN GERMANY OR
512 If You obtained the Software from Corel or a Corel authorized reseller in
513 Germany or Austria and such country is Your legal residence, then the
514 Germany and Austrian product liability and other consumer protection laws
515 concerning remedies for defective goods shall apply and govern any
516 inconsistencies between such laws and the provisions of this EULA set
519 ADDITIONAL TERMS APPLICABLE TO USERS OF SOFTWARE LOCATED IN THE UNITED
521 If (a) You are acting as a consumer and the United Kingdom is where Your
522 legal residence; (b) You entered into this EULA in the United Kingdom; and
523 (c) You have obtained the Software from Corel or a Corel authorized
524 reseller in the United Kingdom (a "Consumer"), then the limitation of
525 liability and warranty provisions set forth in applicable consumer
526 protection and warranty laws of the United Kingdom shall apply and govern
527 any inconsistencies between such laws and the provisions of this EULA set
530 ADDITIONAL TERMS APPLICABLE TO USERS OF SOFTWARE CONTAINING SHAREWARE:
531 Certain Software are shareware and as such are acquired without charge and
532 can be used for a limited period of time for evaluation purposes and are
533 subject to the particular end user license for such shareware.
535 ADDITIONAL TERMS APPLICABLE TO USERS OF CLIPART, STOCK PHOTO IMAGES, VIDEO
536 CONTENT, AUDIO CLIPS, FONTS AND SAMPLE CONTENT:
537 Our Software may contain clipart, photo images, video content, audio clips
538 (collectively referred to as the "Images or Clips"), software data files
539 that render typeface designs when used in conjunction with appropriate
540 hardware and software (for example only, without limitation,.ttf or .otf
541 files) referred to as "Font Software", and the graphic rendering generated
542 by the Font Software referred to as "Font Output" and sample content such
543 as forms, templates, "tubes" or similar items (collectively referred to as
544 the "Sample Content") that are either owned by Us or licensed from a
545 third-party. Except as required in the paragraph below, as a user of Our
546 Software You are free to use, modify and publish the Images or Clips, Font
547 Output or Sample Content as follows: You may (i) incorporate any Images or
548 Clips, Font Output , or Sample Content into Your own original work and
549 publish, display and distribute Your work in any media, provided You
550 include a copyright notice in Your work reflecting on the copyright
551 ownership of both You and Corel as follows: "Copyright (c) 201__ [Your
552 name], Corel Corporation and its licensors. All rights reserved."; and
553 (ii) make one (1) copy of the Images or Clips, Font Software, or Sample
554 Content for backup or archival purposes. YOU MAY NOT (i) resell,
555 sublicense or otherwise make available the Images or Clips, or Font
556 Software for use or distribution separately or detached from a product or
557 web page. For example, the Images or Clips or Font Output may be used by
558 You as part of a web page design, but not be made available for
559 downloading separately (use of the Font Software as a web font, utilizing
560 the CSS3@font-face specification or similar is specifically prohibited) or
561 in a format designed or intended for permanent storage or re-use by
562 others; (ii) provide the Images or Clips or Font Software to third parties
563 or permit the use of the Images or Clips or Font Software or Font Output
564 by third parties separately or as part of any other product, however,
565 third parties may be provided with copies of the Images or Clips or Font
566 Output (including in digital files) as part of a work product; (iii)
567 create scandalous, obscene, defamatory or immoral works using the Images
568 or Clips, Font Software, Font Output, or Sample Content nor use the Images
569 or Clips, Font Software, Font Output, or Sample Content for any other
570 purpose which is prohibited by law; (iv) or permit the use of the Images
571 or Clips, Font Software, Font Output, or Sample Content or any part
572 thereof as a trademark or service mark, or claim any proprietary rights of
573 any sort in the Images or Clips, Font Software, Font Output, or Sample
574 Content or any part thereof; (v) use any of the Images or Clips which
575 contain identifiable individuals or entities for any commercial purpose
576 including, without limitation, in a manner which suggests their
577 association with or endorsement of any product or service; (vi) use the
578 Images or Clips in electronic format, on-line or in multimedia
579 applications unless the Images or Clips are incorporated for viewing
580 purposes only and no permission is given to download and/or save the
581 Images or Clips for any reason; (vii) rent, lease, sublicense or lend the
582 Images or Clips or Font Software or Font Output, or any copies thereof, to
583 another person or legal entity; (viii) modify the Font Software in any
584 way; (ix) use any Images or Clips presented in any Software splashscreens,
585 welcome screens, product packaging and/or marketing collateral; or (x) use
586 any Images or Clips, Font Software or Font Output or Sample Content except
587 as expressly permitted by this EULA. You may, however, transfer all Your
588 EULA to use the Images or Clips or Font Software to another person or
589 legal entity, provided that (i) You transfer the Software, including the
590 Images or Clips or Font Software, and this EULA, including all copies
591 (except copies incorporated into Your work product as permitted under this
592 EULA), to such person or entity, (ii) You retain no copies, including
593 copies stored on a computer or other storage device, and (iii) the
594 receiving party agrees to be bound by the terms and conditions of this