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ATTENTION: THIS IS A LICENSE, NOT A SALE. THIS PRODUCT IS PROVIDED UNDER THE
FOLLOWING END USER LICENSE AGREEMENT ("EULA") AND ALL APPLICABLE ADDENDA
("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
("Corel") AND INCLUDES THE FOLLOWING:
1. General License Agreement
2. Corel Guidelines for the Use of Clipart and Stock Photo Images
3. Trial Version Addendum to the General License Agreement
4. Academic Version Addendum to the General License Agreement
5. OEM Version Addendum to the General License Agreement
6. SDK Addendum to the General License Agreement
7. Beta Version Addendum to the 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 AND THIS PRODUCT IS TANGIBLE STORAGE MEDIA (i.e. CD), RETURN THE
COMPLETE PRODUCT TO COREL CUSTOMER SERVICE, 1600 CARLING AVENUE, OTTAWA, ONTARIO,
CANADA, K1Z 8R7, WITHIN TEN (10) DAYS OF THE DATE YOU ACQUIRED IT FOR A FULL
REFUND. THIS EULA IS YOUR PROOF OF LICENSE. PLEASE TREAT IT AS VALUABLE PROPERTY.
1.1 LICENSE:
COREL ("we" or "us") provides you with 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, the accompanying printed materials, a License, and
"online" or electronic documentation (together called the "Product") and we grant
you a License to use the Product in accordance with the terms of this License. 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 us or our licensors. You must
reproduce any copyright or other notice(s) marked on the Product on all copies you
make.
1.6 TERM:
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 Limitations of Warranties and Liability set
out below shall continue in force even after any termination. If you have
purchased this product as part of the Student Campus Reward Option for Learning
(SCROL) Program, you are bound by the conditions as stated in Section 4.2 herein.
1.7 WARRANTY:
IF THIS PRODUCT IS TANGIBLE STORAGE MEDIA (i.e. CD) COREL WARRANTS THAT 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.
1.11 ELIGIBILITY:
If you are downloading this Product from the Web, to be eligible to download the
Product you must be in compliance with applicable export laws. By accepting the
EULA you are representing and warranting to Corel you are compliant with the
following statements: (i) you are not a citizen, national or resident of, and are
not under the control of, the government of: Cuba, Iran, Iraq, Libya, North Korea,
Sudan, Syria, Serbia, Taliban-controlled areas of Afghanistan, 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 cannot represent and warrant that you are in compliance with the above
statements, you are not eligible to download the Product.
1.12 GENERAL:
This License is the entire agreement between us, superseding any other agreement
or discussions, oral or written other than a separate, valid and existing license
agreement entered into between you and Corel or any of its subsidiaries of
affiliates (the "Other License") in which case that Other License governs to the
extent of any inconsistency between this License and that Other License, 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, unless
there is an Other License, in which case the choice of law specified in that Other
License shall prevail, 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 pr�sentes ont exig� que cette entente et
tous autres documents envisag�s par les pr�sentes soient r�dig�s en anglais.
2. COREL GUIDELINES FOR THE USE OF CLIPART AND STOCK PHOTO IMAGES:
Corel products contain numerous clipart and photo images (collectively referred to
as the "Images") 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 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, we
recommend 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.
"Copyright (c) 200__ [your name] and its licensors. All rights reserved."
You may not, however, resell, sublicense or otherwise make available the Image(s)
for use or distribution separately or detached from a product or web page. For
example, the Image(s) may be used as part of a web page design, but may not be
made available for downloading separately or in a format designed or intended for
permanent storage or re-use by others. Similarly, clients may be provided with
copies of the Image(s) (including digital files) as an integral part of a work
product, but may not be provided with the Image(s) or permitted to use the
Image(s) separately or as part of any other product; and
(ii) make one (1) copy of the Image(s) for backup or archival purposes.
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 THIRTY (30) DAY TRIAL VERSION ONLY AND WILL BECOME INOPERABLE
THIRTY (30)DAYS AFTER YOU LAUNCH THE PROGRAM. 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, 2004,
REGARDLESS OF THE DATE YOU LAUNCH THE PROGRAM.
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.
ANY ATTEMPT TO CIRCUMVENT ANY EXPIRY DATE TECHNOLOGY/TIME BOMB MECHANISM OR OTHER
MECHANISM CONTAINED WITHIN THE SOFTWARE WHICH IS INTENDED TO LIMIT YOUR ABILITY TO
USE THE SOFTWARE TO A SPECIFIED PERIOD IS A VIOLATION OF THIS LICENSE. ANY ATTEMPT
TO CIRCUMVENT ANY SUCH EXPIRY DATE TECHNOLOGY/TIME BOMB MECHANISM SHALL RESULT IN
THE IMMEDIATE TERMINATION OF YOUR LICENSE TO USE THE SOFTWARE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN 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.
4.2 If you have purchased this Product as part of the Student Campus Reward
Option for Learning (SCROL) Program, Section 1.6 of the License shall be deleted
and replaced with the following:
1.6 TERM: This License shall remain in effect only for so long as you are a
registered full-time student or a faculty member at an accredited higher education
institution. This License shall terminate in the event you are no longer a
registered full-time student or a faculty member at an accredited higher education
institution. For the purposes of this License, "accredited higher education
institution" shall mean either a publicly or privately owned vocational or
correspondence school; junior college; college; university or scientific or
technical institute recognized by the appropriate ministry or department of
education. In addition 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 Limitations of Warranties and Liability set out in Section 1.8
shall continue in force even after any termination.
OEM 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. IF THIS PRODUCT IS IDENTIFIED AS AN OEM EDITION, YOUR USE OF THIS PRODUCT
IS GOVERNED BY THE TERMS OF THE GENERAL LICENSE AGREEMENT AS MODIFIED BY THE TERMS
OF THIS OEM EDITION ADDENDUM TO THE GENERAL LICENSE AGREEMENT. IN THE EVENT OF ANY
CONFLICT BETWEEN THE TERMS OF THE GENERAL LICENSE AGREEMENT AND THIS OEM EDITION
ADDENDUM, THE TERMS OF THIS OEM 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.
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.
You are solely responsible for determining the usefulness of the Software
Developer's Kit for your particular purpose. The Software Developer'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.
6.3 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.
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:
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 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.
May 2002