ATTENTION: THIS IS A LICENSE, NOT A SALE. THIS PRODUCT IS PROVIDED UNDER THE FOLLOWING LICENSE AGREEMENT AND ALL APPLICABLE ADDENDUMS ("LICENSE") WHICH DEFINE WHAT YOU MAY DO WITH THE PRODUCT AND CONTAIN LIMITATIONS ON WARRANTIES AND/OR REMEDIES. THIS LICENSE IS GRANTED BY COREL CORPORATION LIMITED FOR PRODUCTS PURCHASED OUTSIDE OF CANADA AND BY COREL CORPORATION FOR PRODUCTS PURCHASED IN CANADA. THIS LICENSE INCLUDES THE FOLLOWING:
1. GENERAL LICENSE AGREEMENT
2. TRIAL VERSION ADDENDUM TO THE GENERAL LICENSE AGREEMENT
3. ACADEMIC VERSION ADDENDUM TO THE GENERAL LICENSE AGREEMENT
4. SDK ADDENDUM TO THE GENERAL LICENSE AGREEMENT
5. BETA VERSION ADDENDUM TO THE GENERAL LICENSE AGREEMENT
GENERAL LICENSE AGREEMENT
IMPORTANT: CAREFULLY READ THIS LICENSE BEFORE USING THIS PRODUCT. INSTALLING, COPYING, OR OTHERWISE USING THIS PRODUCT INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO BE BOUND BY AND COMPLY WITH ITS TERMS. IF YOU DO NOT AGREE, RETURN THE COMPLETE PRODUCT TO COREL CUSTOMER SERVICE, 1600 CARLING AVENUE, OTTAWA, ONTARIO, CANADA, K1Z 8R7, WITHIN 10 DAYS OF THE DATE YOU ACQUIRED IT FOR A FULL REFUND. THIS LICENSE AGREEMENT IS YOUR PROOF OF LICENSE. PLEASE TREAT IT AS VALUABLE PROPERTY.
A. LICENSE: COREL ("we" or "us") provides you with storage media containing a computer program (the "Program") which may also include "online" or electronic documentation, a License, and other printed materials (together called the "Product") and we grant you a license to use the Product in accordance with the terms of this License. The copyright and all other rights to the Product shall remain with us or our licensors. You must reproduce any copyright or other notice marked on the Product on all copies you make.
B. YOU MAY: 1. install and use one copy of the Product on a single computer or network. This copy is to be used by only a single user at a time. If you wish to use the Product for more users, you will need an additional license for each user.
2. make one copy of the Product for archive or backup purposes. 3. use a copy of the Product on a home or portable computer if that copy is never loaded in the RAM of your home or portable computer at the same time it is loaded on your primary computer.
4. except in the case of Academic edition Product which is non-transferable (see Academic Version Addendum), transfer the Product to someone else only if you assign all of your rights under this License, cease all use of the Product, erase or destroy any copy (including the hard disk copy) made in support of your use of the Product, and ensure that the person to whom you wish to transfer the Product agrees to the terms of this License.
5. if you have purchased this Product as an upgrade of either a Corel product or another vendor's product, you may continue to use your upgraded product with this Product. If you transfer this Product, you must either transfer the upgraded product at the same time you transfer the Product or destroy the upgraded product at the same time you transfer the Product. If the Product you have purchased is an upgrade of a Corel product, you now may use that upgraded product only in accordance with this License.
If this Product includes the Envoy Driver software you may:
6. freely distribute the Envoy Viewer (Runtime Viewer or Distributable Viewer) with an Envoy file developed using the Envoy Driver provided you (a) do not use the logo, name, or trademarks of Corel or its licensors (b) include a valid copyright notice on media containing the Viewer, and (c) indemnify Corel and its licensors against any claims or lawsuits arising from your use or distribution of the Viewer as part of the Envoy file you distribute. Envoy Driver means the Driver that enables you to create Envoy files from within other applications. Envoy Distributable Viewer means the viewer that allows you to view and manipulate the Envoy file. Envoy Runtime Viewer means the viewer that, when bound to an Envoy file, enables you to view the Envoy file. You are responsible for all primary technical support to the end user of any Viewer you distribute.
If this Product includes Corel WEB.SiteBuilder in which the Perl Interpreter is incorporated you may:
7. freely distribute the Perl Interpreter included with Corel WEB.SiteBuilder under the conditions of the GNU GENERAL PUBLIC LICENSE. You may obtain additional information by reading the License.txt file in the SiteBuilder\Per\docs\Perl directory.
C. YOU MAY NOT: 1. use the Product or make copies of it except as permitted in this License.
2. translate, reverse engineer, decompile, or disassemble the Product except to the extent the foregoing restriction is expressly prohibited by applicable law.
3. rent, lease, assign, or transfer the Product except as set out in paragraph B above.
4. modify the Product or merge all or any part of the Product with another program.
5. create scandalous, obscene, defamatory or immoral works using the clipart and photo images (collectively referred to as the "Images") nor use the Images for any purpose which is prohibited by law.
6. redistribute, sell or publish the Images, sound files or fonts included with the Product as stock photography, clipart, sound files or fonts.
7. use any of the Images related to identifiable individuals or entities in a manner which suggests their association with or endorsement of any product or service.
8. Use or permit the use of the Image(s) or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Image(s) or any part thereof.
9. use the Images in electronic format, on-line or in multimedia applications unless all of the following are met:
i) the Images are embedded at no higher than a base resolution of 512 X 768;
ii) the Images are incorporated for viewing purposes only; and in the case of on-line use or in multimedia applications unless a notice is included in the proposed use specifying that the Images may not be saved or downloaded and are only to be used for viewing purposes.
iii) a Corel credit is included in the proposed use;
iv) the Images do not represent a significant portion of the content of the proposed use; and
v) the proposed use is not a product which is similar to or competes with any of the features of any Corel product;
If this Product contains bitmap house plans provided by Home Design Alternatives:
10. you may not use any of the bitmap house plans provided by Home Design Alternatives for any purpose other than viewing.
D. TERM: This License shall continue for as long as you use the Product. However, it will terminate if you fail to comply with any of its terms or conditions. You agree, upon termination, to destroy all copies of the Product. The Limitations of Warranties and Liability set out below shall continue in force even after any termination.
E. WARRANTY: WE WARRANT THAT THE STORAGE MEDIA IN THIS PRODUCT WILL BE FREE FROM DEFECT IN MATERIALS AND WORKMANSHIP FOR NINETY (90) DAYS FROM THE DATE YOU ACQUIRE IT. IF SUCH A DEFECT OCCURS, RETURN THE MEDIA TO US AT, COREL CUSTOMER SERVICE, 1600 CARLING AVENUE, OTTAWA, ONTARIO, CANADA, K1Z 8R7, AND WE WILL REPLACE IT FREE OF CHARGE. THIS REMEDY IS YOUR EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY. IT GIVES YOU CERTAIN RIGHTS AND YOU MAY HAVE OTHER LEGISLATED RIGHTS WHICH MAY VARY FROM JURISDICTION TO JURISDICTION.
F. LIMITATION OF WARRANTIES AND LIABILITY: EXCEPT FOR THE EXPRESS WARRANTY ABOVE , THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. NEITHER WE NOR OUR DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
If this Product includes Dragon NaturallySpeaking software the following disclaimer is included as part of the license:
IT IS UNDERSTOOD BY YOU THAT SPEECH RECOGNITION IS A STATISTICAL PROCESS, THAT RECOGNITION ERRORS ARE INHERENT IN THE PROCESS OF SPEECH RECOGNITION, AND THAT SPEECH RECOGNITION APPLICATIONS MUST BE DESIGNED TO ALLOW FOR SUCH ERRORS IN THE RECOGNITION PROCESS. YOU UNDERSTAND THAT SUCH ERRORS ARE INEVITABLE AND THAT IT IS YOUR RESPONSIBILITY TO CORRECT RECOGNITION ERRORS BEFORE USING THE RESULTS OF THE RECOGNITION.
G. U.S. GOVERNMENT RIGHTS: With respect to any acquisition of the Product by or for any unit or agency of the United States Government (the "Government"), the Product shall be classified as "commercial computer software", as that term is defined in the applicable provisions of the Federal Acquisition Regulation (the "FAR") and supplements thereto, including the Department of Defense (DoD) FAR Supplement (the "DFARS"). The Product was developed entirely at private expense, and no part of the Product was first produced in the performance of a Government contract. If the Product is supplied for use by DoD, the Product is delivered subject to the terms of this Agreement and either (i) in accordance with DFARS 227.7202-1(a) and 227.7202-3(a), or (ii) with restricted rights in accordance with DFARS 252-227-7013 (c)(1)(ii)(OCT 1988), as applicable. If the Product is supplied for use by a Federal agency other than DoD, the Product is restricted computer software delivered subject to the terms of this Agreement and (i) FAR 12.212(a); (ii) FAR 52.227-19; or (iii) FAR 52.227-14(ALT III), as applicable. The contractor/manufacturer is Corel Corporation Limited, Europa House, 3rd Floor, Harcourt Street, Dublin 2, Ireland.
If this product includes Dragon NaturallySpeaking software the following is applicable to such software:
H. RESTRICTED RIGHTS RELATED TO DRAGON SOFTWARE: If the Software is acquired by or on behalf of a unit or agency of the United States Government, the government agrees that such Software is "commercial computer software" and that absent a written agreement to the contrary, the government's rights with respect to such Software are limited by the terms of this License Agreement, pursuant to FAR 12.212(a) and/or DFARS 227.7202-1(a), as applicable.
I. 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 CITIZENS, THE PROGRAM 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 CORELTHAT YOU ARE NOT A "FOREIGN PERSON" OR UNDER THE CONTROL OF A "FOREIGN PERSON".
J. GENERAL: This License is the entire agreement between us, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This License shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada for product purchased in Canada and by the laws of the Republic of Ireland for product purchased outside of Canada, excluding that body of law applicable to choice of law and excluding the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable. If any provision of this License is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect. The parties have requested that this Agreement and all documents contemplated hereby be drawn up in English. Les parties aux prΘsentes ont exigΘ que cette entente et tous autres documents envisagΘs par les prΘsentes soient rΘdigΘs en anglais.
TRIAL VERSION ADDENDUM TO THE GENERAL LICENSE AGREEMENT
IF THIS PRODUCT IS IDENTIFIED AS A TRIAL VERSION, YOUR USE OF THE TRIAL VERSION PRODUCT IS GOVERNED BY THE TERMS OF THE GENERAL LICENSE AGREEMENT AS MODIFIED BY THE TERMS OF THIS TRIAL VERSION ADDENDUM. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THE GENERAL LICENSE AGREEMENT AND THIS TRIAL VERSION ADDENDUM, THE TERMS OF THE TRIAL VERSION ADDENDUM SHALL GOVERN.
THE PRODUCT IS A 30 DAY TRIAL VERSION ONLY AND WILL BECOME INOPERABLE 30 DAYS AFTER INSTALLATION. AFTER THIS DATE, YOU WILL NOT BE ABLE TO ACCESS ANY FILES CREATED WITH THIS TRIAL VERSION UNLESS YOU HAVE INSTALLED A RETAIL VERSION OF THE PRODUCT.
THIS TRIAL VERSION WILL BE BECOME COMPLETELY INOPERABLE ON DECEMBER 31, 1999, REGARDLESS OF THE DATE OF INSTALLATION BY YOU.
THIS TRIAL VERSION CONTAINS A LIMITED NUMBER OF MAJOR MODULE(S) INCLUDED IN THE RETAIL VERSION OF THE PRODUCT AND THESE ARE THE ONLY MODULE(S) YOU WILL BE ABLE TO INSTALL. EXTRA VALUE COMPONENTS AND APPLICATIONS OF THE RETAIL VERSION OF THE PRODUCT ARE NOT INCLUDED. ALL REFERENCES TO OTHER APPLICATIONS, EXTRA LIBRARIES OR OTHER CD-ROMS THAT MAY APPEAR IN THIS TRIAL VERSION OF THE PRODUCT ARE NOT APPLICABLE.
YOU ARE GRANTED A LICENSE TO USE THE TRIAL VERSION OF THE PRODUCT ONLY. SUCH LICENSE SHALL CONTINUE FOR THE PERIOD SET OUT ABOVE, AFTER WHICH TIME YOUR LICENSE TO USE THE TRIAL VERSION SHALL TERMINATE.
ACADEMIC EDITION ADDENDUM TO THE GENERAL LICENSE AGREEMENT
IF THIS PRODUCT IS IDENTIFIED AS AN ACADEMIC EDITION, YOUR USE OF THIS PRODUCT IS GOVERNED BY THE TERMS OF THE GENERAL LICENSE AGREEMENT AS MODIFIED BY THE TERMS OF THIS ACADEMIC EDITION ADDENDUM TO THE GENERAL LICENSE AGREEMENT. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THE GENERAL LICENSE AGREEMENT AND THIS ACADEMIC EDITION ADDENDUM, THE TERMS OF THIS ACADEMIC ADDENDUM TO THE GENERAL LICENSE AGREEMENT SHALL GOVERN.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE GENERAL LICENSE AGREEMENT, YOU MAY NOT TRANSFER OR ASSIGN THE PRODUCT OR ANY COPY THEREOF, OR YOUR LICENSE TO USE THE PRODUCT TO A THIRD PARTY.
SDK ADDENDUM TO THE GENERAL LICENSE AGREEMENT
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 GENERAL LICENSE AGREEMENT AS MODIFIED BY THE TERMS OF THIS SDK ADDENDUM TO THE GENERAL LICENSE AGREEMENT. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THE GENERAL LICENSE AGREEMENT AND THIS SDK ADDENDUM, THE TERMS OF THIS SDK ADDENDUM TO THE GENERAL LICENSE AGREEMENT SHALL GOVERN.
It is Corel's intention in designing the Software Developer's Kit to make it compatible with other versions of the Software Developer's Kit. 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 Software Developer's Kit for your particular purpose. The Software Develop's Kit 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 Software Developer's Kit or the use thereof. Any research, development, or evaluations you perform is done entirely at your own risk.
YOU MAY: 1. use the SDK solely for the purpose of developing, manufacturing, marketing and supporting one or more applications software package(s) ("Software Application Product").
2. 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.
YOU MAY NOT:
1. remove or alter any copyright notice, trademark, or other proprietary rights notice placed by Corel on the SDK or any portion thereof.
INDEMNIFICATION: 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.
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 or Corel Corporation Limited."
BETA VERSION ADDENDUM TO THE GENERAL LICENSE AGREEMENT
IF THIS PRODUCT IS IDENTIFIED AS A BETA VERSION, YOUR USE OF THIS PRODUCT IS GOVERNED BY THE TERMS OF THE GENERAL LICENSE AGREEMENT AS MODIFIED BY THE TERMS OF THIS BETA VERSION ADDENDUM TO THE GENERAL LICENSE AGREEMENT. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS OF THE GENERAL LICENSE AGREEMENT AND THIS BETA VERSION ADDENDUM, THE TERMS OF THIS BETA VERSION ADDENDUM TO THE GENERAL LICENSE AGREEMENT SHALL GOVERN. IN THE EVENT THAT YOU ARE AN AUTHORIZED COREL BETA TEST SITE AND HAVE BEEN AUTHORIZED TO TEST A BETA VERSION PRODUCT THAT HAS NOT BEEN MADE PUBLICLY AVAILABLE BY COREL, YOUR USE OF THE BETA VERSION PRODUCT SHALL BE GOVERNED BY THE TERMS OF THE BETA TEST SITE LICENSE AGREEMENT ENTERED INTO BETWEEN COREL AND YOURSELF AND THE PROVISIONS SET OUT BELOW SHALL NOT APPLY.
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.
TERMINATION: The license granted under this Beta Addendum will terminate thirty (30) days following Corel's release of a 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.
DISCLAIMER OF WARRANTIES: USER ACKNOWLEDGES THAT THE PRODUCT IS A PRE-RELEASE 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 MAY NOT PERFORM ALL FUNCTIONS FOR WHICH IT IS INTENDED OR REPRESENTED AND THE USE OF THE PRODUCT IS ENTIRELY AT THE USER'S RISK. THIS DISCLAIMER IS IN LIEU OF ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, OPERATION OF LAW OR OTHERWISE, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.a)
