END USER LICENSE AGREEMENT
IMPORTANT: THIS IS A LICENSE, NOT A SALE
A German language version of this EULA can be found under www.corel.com/de/eula/
Unless otherwise provided for in this End User License Agreement (EULA), and unless you have a written agreement with Corel providing for additional use, this EULA gives you permission to install and use one (1) copy of this Software (as defined below) on one (1) computer or electronic device at any given time as set out in more detail below.
IMPORTANT NOTICE: PLEASE READ THIS EULA CAREFULLY. BY DOWNLOADING, ACCESSING, INSTALLING, OR USING THE SOFTWARE AND DOCUMENTATION (collectively “SOFTWARE”), YOU AGREE TO THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT DOWNLOAD, INSTALL, ACCESS, OR USE THE SOFTWARE. THIS EULA CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY AND EXCLUSIVE REMEDIES. THE PROVISIONS BELOW FORM THE ESSENTIAL BASIS OF OUR AGREEMENT. THE CURRENTLY APPLICABLE VERSION OF THIS EULA IS LOCATED AT: www.corel.com/eula/.
This EULA is a legal agreement between You and Corel Corporation, 1600 Carling Avenue, Ottawa, Ontario, K1Z 8R7, Canada (“Corel”, “Us”, “We”, or “Our”) regarding Your use of the Software. Unless You have another written agreement with Corel regarding this Software, Your use of this Software is governed by this EULA.
IF YOU AGREE TO THIS EULA, YOU ARE GRANTED A LIMITED, PERSONAL, WORLDWIDE, NON-ASSIGNABLE, NON-SUBLICENSABLE, NON-TRANSFERABLE, AND NON-EXCLUSIVE LICENSE FOR AGREED REMUNERATION TO USE THE SOFTWARE, WHICH MAY BE LIMITED IN TIME AS SET FORTH BELOW. UNLESS HEREINAFTER AGREED OTHERWISE, YOU ARE PERMITTED TO USE ONE (1) COPY OF THE SOFTWARE FOR YOUR (A) PRIVATE, NON-COMMERCIAL PURPOSES (“PRIVATE USER”), AND/OR (B) COMMERCIAL PURPOSES IN A COMMERCIAL BUSINESS (“BUSINESS USER”). THIS SOFTWARE IS LICENSED PER HOUSEHOLD OR PER SINGLE ADDRESS (“ADDRESS”). EXCEPT FOR THE COREL PRODUCTS AND / OR COUNTRIES LISTED BELOW, YOU MAY ONLY DOWNLOAD AND INSTALL THE SOFTWARE ON ONE COMPUTING DEVICE. YOU MAY NOT RE-INSTALL THE SOFTWARE ON A SECOND COMPUTING DEVICE UNLESS THE ORIGINAL COMPUTING DEVICE FAILS OR THE SOFTWARE IS COMPLETELY DELETED FROM THE ORIGINAL COMPUTING DEVICE. IF AUTHORIZATION CODES ARE REQUIRED, YOU MAY NEED TO CONTACT COREL CUSTOMER SERVICE AND REQUEST APPROVAL TO RE-INSTALL THE SOFTWARE ON A NEW COMPUTING DEVICE, AND PROVE TO COREL THAT YOU DEINSTALLED THE SOFTWARE FROM THE FAILED ORIGINAL COMPUTING DEVICE. IF YOU HAVE PURCHASED MULTIPLE LICENSES FOR THE SOFTWARE, AT ANY TIME YOU MAY HAVE AS MANY COPIES OF THE SOFTWARE IN USE AS YOU HAVE LICENSES.
LICENSE TO USE THE SOFTWARE. You receive a usage right (license) to the Software, but you do not own the Software itself. This EULA does not allow installation of the Software on a hardware partition, blade, or terminal server, or in any other virtualization environment (collectively “Virtualization Environment”). You may not allow the Software to be accessed, operated, or viewed from, or installed or uploaded to, other computers through a network connection. A separate license agreement must be entered into with Corel to obtain the right to use the Software for a Virtualization Environment, network connections, or volume purchases. You agree that if the Software requires mandatory registration, activation, or email validation, You will complete the process providing Corel with accurate information. Your technical ability to use the Software is suspended until You complete the activation and/or registration process. The Software may include digital images, stock photographs, clip art, fonts, sounds or other works protected by copyright (“Stock Files”). The responsibilities and restrictions relating to the Software apply equally to the Stock Files. Corel reserves all rights not expressly granted to You in this EULA.
SECOND COMPUTING DEVICE: Except if located in China, India, Indonesia, or Vietnam, Private Users and Business Users of AfterShot, CorelDRAW Graphics Suite, CorelDRAW Essentials, CorelDRAW Standard, CorelDRAW Technical Suite, CorelCAD, ParticleShop, Corel Painter, Corel PaintShop Pro, and Corel WordPerfect Office that have a second computing device (e.g., stand-alone computer and laptop) may download and install any of these software products on up to two (2) computing devices. The software product may be used only by You on both devices although not concurrently, at your Address as your primary location and a secondary location. The software product can only be used by You on one (1) computing device at a time. OEM, Academic, and Not-For-Resale versions are not eligible for this benefit.
ADDITIONAL TERMS APPLICABLE TO SOFTWARE PURCHASED OUTSIDE OF THE EUROPEAN ECONOMIC AREA: If You are located in a state outside the European Economic Area (consisting of the member states of the European Union (EU) as well as Iceland, Liechtenstein, and Norway) (EEA) where you also want to purchase and use the Software, the following shall apply: You must lawfully acquire the Software from Our authorized resellers. Otherwise, You do not have the right to use the Software. For the avoidance of doubt, You may only purchase the Software from Corel’s authorized store, eStore, or website that is located in the country where you want to deploy the Software.
ADDITIONAL TERMS APPLICABLE TO SOFTWARE PURCHASED IN THE REPUBLIC OF INDIA: If You are located in the Republic of India where you also want to purchase and use the Software, the following shall apply: You must lawfully acquire the Software from Our authorized resellers. Otherwise You do not have the right to use the Software. For the avoidance of doubt, You may only purchase the Software from Corel’s authorized store, eStore, or website that is located in the Republic of India's current list of Corel’s authorized resellers in India is accessible at http://www.coreldraw.com/en/resellers/?topNav=in.
ADDITIONAL TERMS APPLICABLE TO SOFTWARE PURCHASED IN CHINA: If You are located in China where you also want to purchase and use the Software, the following shall apply: You must lawfully acquire the Software from Our authorized resellers. Otherwise You do not have the right to use the Software. For the avoidance of doubt, You may only purchase the Software from Corel’s authorized store, eStore, or website that is located in China; a current list of Corel’s authorized resellers in China is accessible at https://www.corel.com/cn/volume-licensing/how-to-buy/.
YOUR RESPONSIBILITIES WHILE USING THE SOFTWARE. The Software may include product activation and other technology designed to prevent unauthorized use and copying. You may not sell, rent, lease, resell or loan the Software. However, You are explicitly free to sell or resell the Software if the Software has been placed on either the EU or EEA market with Corel’s consent and to the extent that Corel’s copyright is exhausted. For Software acquired by download, this is the case only if all of the following conditions are met:
1. Previously the Software was lawfully traded by Corel itself or with the approval of Corel. This is the case only when Corel has given its approval to download a copy of the Software in return for payment of a fee designed to compensate Corel for the economic value of the copy of the software.
2. You make each individual copy of the Software useless in case of resale.
3. You provide the purchaser the information necessary to determine the extent of proper use.
Should You not be the lawful first buyer of (the rights to) the Software, but rather have purchased used Software, You are only entitled to use the Software to the extent You have lawfully acquired the Software. Your rights to the Software are defined and restricted by the terms and conditions of this EULA.
If You purchase the Software as a gift to a third person, the third person must accept the terms of this EULA before using the Software. You may not reverse engineer, decompile, or disassemble the Software. While We own Our Software, You own and are responsible for the content that You create or have created for You resulting from the use of Our Software (including any add-ons or plug-ins to Our Software that You create or have created for You) (“Content”). You agree that, in connection with Your use of the Software, You are responsible for the direct and/or indirect consequences of any of the (a) Content You create and (b) third-party photos or images that You use or modify in creating Your Content, especially in situations where You share Your Content with family, friends, clients, and/or third parties, such as members of social networking sites (e.g., Facebook, Flickr, LinkedIn, etc.). Corel can neither monitor nor control what third-party social networking sites or the members or users of such sites do with the Content You share. You are responsible for independently verifying the accuracy and completeness of Your Content (e.g. any technical illustrations or diagrams for operation guides, parts catalogs, schematics, writing diagrams, assembly instructions, maintenance manuals, architectural presentations or other materials You create and/or modify using Our Software). You may not modify or create derivative works based upon the Software. You represent and warrant to Us that You will comply with all applicable laws and regulations impacting Your use of the Software, including data protection and privacy laws. You agree that You will not use the Software in a way that is unlawful or that violates the rights of a third party. If We get sued or a claim is brought against Us by a third party due to (a) Your negligent actions, (b) Your failure to act when required, or (c) Your illegal Content, then You agree to defend, indemnify, and hold Corel harmless.
UPDATES. As part of the Software installation process, You must first consent to the installation of the Software onto your computing device. By providing Your consent to the initial Software installation, You also consent that Corel may, from time to time, download and install any and all future Software updates, bug fixes, feature enhancements, or improvements (“Updates”) automatically without Your further and separate consent. In some instances, You may have the option to decline the Update. If the Update is not installed, You may not receive full benefit of the Software or the Software may not perform properly. Corel has no obligation to provide any support to the Software without the installation of such Updates. Updates are made available at Corel’s sole discretion.
USER GENERATED FEEDBACK. You have no obligation to provide Corel with ideas, suggestions, documentations, and/or proposals (“Feedback”). However, if you submit Feedback to Corel, while you retain ownership of such Feedback, you hereby grant Corel a nonexclusive, royalty-free, perpetual, irrevocable, transferable, unlimited license under all of your Intellectual Property Rights to use and otherwise exploit your Feedback for any purpose world-wide. Further, by submitting Feedback, you represent and warrant that (i) your Feedback does not contain the confidential or proprietary information of you or of third parties; (ii) Corel is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) Corel may have something similar to the Feedback already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from Corel for the Feedback under any circumstances.
OUR INTELLECTUAL PROPERTY RIGHTS. The Software is protected by United States and Canadian Intellectual Property laws, German and international intellectual property laws, and treaty provisions. Therefore, You may not distribute the Software without Our permission unless otherwise provided for in this EULA or by law. If You purchase or download the Software in China, India, Indonesia, or Vietnam, You may not copy the Software for any purpose. If You purchase or download the Software in a country not specifically prohibited under this EULA, You may (in addition to the usage copies mentioned above) only make one (1) copy of the Software or You may keep one (1) copy of the Software on a single computing device for backup or archival purposes. For backup or archival purposes only, You may either make only one (1) copy of the Software and the Printed Materials or print one copy of any user documentation if You downloaded the Software or You may keep one (1) copy the Software on a single computing device. Unless otherwise permitted by mandatory law, You may not copy the Software. You agree that Corel, the Corel logos, and other Corel trademarks, service marks, and graphics are trademarks of Corel (some in the United States and/or other countries) or are trademarks of Corel’s partners (“Marks”). You are not granted a right to use Marks without the owner’s permission, unless permitted by mandatory law. You will not remove, obscure, or alter any proprietary notices affixed to or contained within the Software. You understand and agree that We have the right to stop selling, distributing, servicing, or updating the Software (or any part of it) and services or offerings at any time.
BUSINESS USERS: If You are a business, You agree to maintain records, systems and/or procedures that accurately record the number of copies of the Software that have been acquired and installed on Your Computers and keep the records for two (2) years from the date Your license to use the Software ends. Corel or an agent of Corel may conduct an audit (remotely or at Your facility) of records and systems from Your business to verify that Your installation of the Software conforms with a valid license from Corel and with the terms and conditions of this EULA. You are obliged to support Corel’s audit to the best of Your abilities. Corel will not conduct more than one (1) audit per year. Corel will respect Your legitimate interests, the protection of confidential information and applicable law. If You substantiate legitimate confidentiality interests, Corel shall be obliged to have the audit done by an independent auditor being subject to strict confidentiality obligations. If the audit results find that Your use does not conform to a valid license, then You will immediately obtain a valid license for the Software; in such case Corel reserves the right to claim reimbursement of the audit costs from You.
PRE-COMMERCIAL RELEASE OR BETA SOFTWARE. If the Software You have received or are accessing with this EULA is a pre-commercial release or a beta version and you have agreed to receive a pre-commercial release or beta version, then You understand the Software is a pre-release, non-commercial version and does not represent a final product of Corel. The Software may contain bugs, errors and other problems that could cause computer system failures and data loss. THEREFORE, ALL PRE-RELEASE OR BETA SOFTWARE IS PROVIDED ON AN “AS-IS” BASIS. RESTRICTIONS OF LIABILITY APPLY AS STIPULATED BELOW.
ACADEMIC SOFTWARE. If the Software is identified as an academic or education edition version in the user documentation, on the packaging of the Software or on the purchase or download page of the website, and You qualify as an academic end user, You may install and access one (1) copy of the Software on up to the permitted number of computers, as agreed to by You and Corel, but only for educational or exclusively private purposes and for no other purpose. Academic versions of the Software may not be used for commercial, professional or other for-profit purposes. Notwithstanding the foregoing, You are not entitled to use the Software unless You qualify in Your jurisdiction as an academic end user (e.g., student or personal learning versions of the Software may only be used by faculty, staff members and degree, diploma or certificate-seeking students at qualified educational institutions). Contact Corel via Our Academic Software web page (www.corel.com/education/) or Your local reseller to determine whether You qualify as an academic end user and to learn more about Our academic programs and products. Work product and other data created with academic or education edition versions of the Software may contain certain notices and limitations that make the data unusable outside the educational use area. If You combine or link data created with educational institutional versions, student versions or personal learning editions of the Software with data otherwise created, then that data may also be affected by these notices and limitations.
STUDENT AND TEACHER, HOME AND STUDENT, HOME EDITION ADDENDUM. IF THIS SOFTWARE IS CLEARLY LABELED AS A STUDENT AND TEACHER, HOME AND STUDENT, OR HOME EDITION, YOUR USE OF THIS SOFTWARE IS GOVERNED BY THE TERMS OF THIS EULA AS MODIFIED BY THIS PARAGRAPH. IN THE EVENT OF ANY CONFLICT BETWEEN THE OTHER TERMS OF THIS EULA AND THIS PARAGRAPH, THIS PARAGRAPH SHALL GOVERN. YOU MAY INSTALL AND USE, AT THE SAME TIME, THIS STUDENT AND TEACHER, HOME AND STUDENT, OR HOME EDITION SOFTWARE FOR THE SOLE PURPOSE OF PRIVATE AND NON-COMMERCIAL USAGE ON UP TO TWO (2) COMPUTING DEVICES AT YOUR ADDRESS.
EVALUATION SOFTWARE. If the Software is identified as a demonstration, evaluation, or trial version (“Evaluation Version”) in the applicable user documentation, You may install and access one (1) copy of the Software only for the purpose of evaluation and/or demonstration. Unless You are authorized by Corel, You may not use Our Software for competitive analysis or commercial, professional, or other for-profit purposes. You understand that at the end of the evaluation period, You must either stop using the Software or pay for the Software to continue using it. If You fail to pay for it, then Your license terminates. Upon expiration of the evaluation period, You will immediately discontinue use of the Evaluation Version and delete and destroy all electronic copies of the Evaluation Version including, but not limited to, all user documentation that may have been provided as part of the evaluation from Your computer and any other computer devices on which You have installed the Evaluation Version. Any attempt to circumvent any expiration date technology is in violation of this EULA and will automatically and immediately terminate Your license to use the Evaluation Version.
LIMITED AND RESTRICTED WARRANTY (COUNTRIES OTHER THAN THOSE LISTED SEPARATELY BELOW UNDER “ADDITIONAL EULA TERMS”). If You purchased the Software on a computer disc, then Corel warrants that the media on which Software is furnished will be free of defects in materials and workmanship under normal use for a period of ninety (90) days from the date You purchased the Software. The Software when properly installed and under normal use will substantially conform to the features and functionality as set forth in the documentation accompanying the Software; however, the Software may contain immaterial bugs and errors. Therefore, the Software – as the case may be in deviation of applicable statutory law - is provided on the basis that remedies regarding such immaterial bugs and errors will only be provided from time to time by bug fixes. This warranty is not valid for purchasers of used Software. IF THE DISC IS DEFECTIVE, THEN COREL’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL BE REPLACEMENT OF THE DEFECTIVE COMPUTER DISC IF YOU RETURN THE DEFECTIVE DISC TO US WITH A COPY OF YOUR RECEIPT. Your right to a replacement of the Software is void if the damage to the disc is a result of accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period. YOU ASSUME ALL RESPONSIBILITIES FOR CHOOSING, INSTALLING, AND USING THE SOFTWARE. UNLESS OTHERWISE PROVIDED FOR REGARDING SPECIFIC COUNTRIES AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COREL DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. SOME STATES OR COUNTRIES DO NOT ALLOW THE WARRANTY EXCLUSION OR LIMITATIONS; THE ABOVE LIMITATION MAY NOT APPLY TO YOU. In such instances, Corel may remedy substantial defects of the Software at its reasonable discretion by (a) providing a patch, Update or replacement of the Software, or (b) asking for return of the Software and cancelling this EULA. You are entitled to a reduction of the purchase price or a rescission of this EULA only if Corel has repeatedly failed to remedy the defect after a reasonable period of time. If You are a Private Users, Your claims under this clause are time-barred in twenty-four (24) months from receipt of Software; if You are a Business User, Your claims under this clause are time-barred in twelve (12) months. If You alter the Software in any way without being authorized by Corel, Corel will not remedy defects caused by such alteration and You are liable for any damages incurred by Corel due to Your unauthorized alteration. IF YOU INSTALL PRE-RELEASE VERSION PRODUCTS MARKED AS SUCH, YOU DO SO AT YOUR OWN RISK. Pre-release version products are to be used only for test purposes in testing environments and must not be used for production purposes. To make a warranty claim You must provide a detailed error description to Corel Customer Service or, at Corel’s request, return the Software along with any return materials authorization information provided to You by Corel, at Corel’s expense, to Corel Corporation, 1600 Carling Avenue, Ottawa, Ontario, K1Z 8R7, Canada. For further warranty information, please contact Corel Customer Service at www.corel.com.
THE SOFTWARE MAY CONTAIN “OPEN SOURCE” MATERIALS (E.G., ANY SOFTWARE SUBJECT TO OPEN SOURCE, COPYLEFT, GNU GENERAL PUBLIC LICENSE, LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL PUBLIC LICENSE, MOZILLA LICENSE, BERKELEY SOFTWARE DISTRIBUTION LICENSE, OPEN SOURCE INITIATIVE LICENSE, MIT, APACHE OR PUBLIC DOMAIN LICENSES, OR SIMILAR LICENSE). COREL MAKES NO WARRANTIES WITH RESPECT TO OPEN SOURCE MATERIALS CONTAINED IN THE SOFTWARE.
INDIRECT AND CONSEQUENTIAL DAMAGES – COUNTRIES OTHER THAN THOSE LISTED SEPARATELY HEREIN UNDER “ADDITIONAL EULA TERMS” (NOT APPLICABLE FOR CUSTOMERS IN GERMANY)
NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COREL OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL COREL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
RESTRICTIONS OF LIABILITY REGARDING CUSTOMERS IN GERMANY. Corel is liable for damages based on an intentional or grossly negligent breach of duty or malice by Corel, its legal representatives or persons whom it uses to perform its obligations. Insofar as Corel is liable for malice pursuant to sentence 1, compensation for damages of commercial customers is limited to the foreseeable, typically arising damages.
Further, Corel is also liable for damages that are caused by simple negligence if the negligence concerns the breach of such contractual obligations the fulfillment of which is of particular importance to achieving the purpose of the contract and in which You may therefore regularly trust (cardinal obligation; Kardinalpflicht). In this case, liability is limited to the foreseeable, typically arising damages.
In addition, Corel has unlimited liability for damage to life, limb, and health for which it is responsible, which are caused by negligent or intentional breach of duty. Corel also assumes liability to the extent it has provided a guaranty as to quality or durability within the context of this guarantee.
Further contractual or statutory liability is – to the extent legally permitted – excluded without regard to the legal status of the claim asserted.
Where Corel’s liability is excluded or limited, this also applies to the personal liability of its employees, representatives and persons whom it uses to perform its obligations as well as Corel’s responsibility for their behavior.
U.S. GOVERNMENT-RESTRICTED RIGHTS. The Software and any accompanying documentation are “commercial computer software” and “commercial computer software documentation,” under DFAR Section 227.7202 and FAR Section 12.212. Any use, modification, reproduction release, performance, display or disclosure of the Software and accompanying documentation by the U.S. government will be governed solely by the terms of this EULA and will be prohibited except to the extent expressly permitted by the terms of this EULA.
EXPORT RESTRICTIONS. You may not download, distribute, export, re-export, or redistribute the Software, including any Corel shareware product, (a) into, or to a national or resident of any country to which the United States has embargoed goods, or (b) to anyone on the United States Treasury Department’s list of ‘Specially Designated’ nationals or the United States Commerce Department’s ‘Table of Deny Orders’. By downloading or using the Software, You represent and warrant that You are not located in, note under the control of, nor a national or resident of any such country or on any such list. Except pursuant to an express, written, fully-executed agreement with Corel, You may not purchase a license to use the Software for the purpose of exporting it to a U.S.-embargoed country, nor may You retain the services of a third party to purchase a license to use the Software if in doing so You will require such third party to send (via any means, electronic or otherwise) the Software to You in a U.S.-embargoed country.
This EULA is the entire agreement between You and Corel and supersedes any other communications or advertisements with respect to the Software and documentation. The Software, or any feature or part thereof, may not be available in all languages or in all countries.
If and to the extent any provision of this EULA is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable but only to the extent of its illegality, invalidity, or unenforceability. No term or provision in this EULA will be considered waived, and no breach excused, unless such waiver is in writing signed on behalf of the party against whom the waiver is asserted. No waiver (whether express or implied) will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach. No modifications or amendments to this EULA will be binding upon Corel unless made in writing and duly executed by You and an authorized representative of Corel.
Some Software versions may not be compatible with various computer operating systems and Corel may not release Updates (particularly Updates establishing compatibility). Your Software may not be compatible with computer operating systems that You may purchase now or in the future. You understand that Software may be incorporated into, and may incorporate itself into, software and other technology owned and controlled by third parties. This EULA remains effective with such incorporation. Any and all other third-party software or technology that may be distributed together with the Software (as bundled third-party software) may be subject to You explicitly accepting a license agreement with that third party. Corel’s licensors shall be a direct and intended third party beneficiary of this EULA.
APPLICABLE LAW. This EULA specifically excludes the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such ‘Convention’, if otherwise applicable. Except as expressly set forth herein to the extent permitted by applicable law, this EULA shall not prejudice the non-excludable, statutory rights of any party dealing as a consumer.
For users in the US. If You purchased or downloaded the Software in the United States then this EULA is governed by the laws of the United States and the State of California, without reference to conflict of laws principles. Any dispute between You and Corel regarding this EULA will be subject to the exclusive venue of the state and federal courts in the State of California.
For users in CANADA. If You acquired the Software in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and any dispute between You and Corel regarding this EULA will be subject to the exclusive jurisdiction of the federal and provincial courts sitting in Toronto, Ontario.
For users in the European Union, Iceland, Norway and Switzerland. If You acquired the Software in the European Union, Iceland, Norway or Switzerland, then local law applies.
ADDITIONAL EULA TERMS
ADDITIONAL TERMS APPLICABLE TO FIXED TERM LICENSES: Subject to the terms and conditions of this EULA, in the instance of a fixed term license, the license to use the Software begins on date of purchase and shall be for the duration identified by Corel. Use of the software before or beyond the applicable fixed term, or any attempt to defeat the time-control disabling function in the Software, is an unauthorized use and constitutes a material breach of this EULA and applicable law.
ADDITIONAL TERMS APPLICABLE TO USERS OF COREL DVD XPACK, DVD+AVCHD XPACK, ULTIMATE XPACK, AND MP3 & DVD XPACK (“XPACK LINE OF PRODUCTS”): You agree that You will not use the XPACK Line of Products in those jurisdictions where use of video and/or audio decoder software is unlawful.
ADDITIONAL TERMS APPLICABLE TO USERS OF WINDVD AND VIDEOSTUDIO PRO: You acknowledge that use of the Software in any manner that complies with the MPEG-2 or MPEG-4 standard is expressly prohibited without a license under applicable patents in the MPEG-2 patent portfolio or MPEG-4 patent portfolio, as applicable, which license is available from MPEG LA, L.L.C. (http://www.mpegla.com/main/default.aspx), 6312 S. Fiddlers Green Circle, Suite 400E, Greenwood Village, Colorado, 80111, USA. You acknowledge that the software may be licensed under the VC-1 patent portfolio license for the personal and non-commercial use of a consumer to (1) encode video in compliance with the VC-1 standard (“VC-1 video”) and/or (2) decode VC-1 video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed to provide VC-1 video. No license is granted or shall be implied for any other use. Additional information may be obtained from MPEG LA, L.L.C. (http://www.mpegla.com/main/default.aspx). You acknowledge that the software may be licensed under the AVC patent portfolio license for the personal and non-commercial use of a consumer to (a) encode video in compliance with the AVC standard (“AVC video”) and/or (b) decode AVC video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed to provide AVC video. No license is granted or shall be implied for any other use. Additional information may be obtained from MPEG LA, L.L.C. (http://www.mpegla.com/main/default.aspx). You agree that the software may be licensed under the MP3 license. Supply of the Software does not convey a license or imply any right to distribute MP3-encoded or MP3PRO-encoded data in revenue-generating broadcast systems, streaming applications, other content distribution systems, or on physical media. An independent license for such use is required. Additional information may be obtained from the MP3 licensing website (http://mp3licensing.com). If You have purchased the Software as a retail standalone product, Corel has paid the royalties for the above licenses.
ADDITIONAL TERMS APPLICABLE TO USERS OF WORDPERFECT OFFICE: You acknowledge this product may incorporate intellectual property owned by Microsoft Corporation. The terms and conditions upon which Microsoft licenses its intellectual property can be obtained by contacting Microsoft Corporation.
ADDITIONAL TERMS APPLICABLE TO USERS OF ROXIO CREATOR: This Software MAY contain certain third party materials and technology and the use of the Software is therefore subject to the following additional notices, limitations, requirements, restrictions, disclaimers and liability limitations:
(a) MP3 and MP3Pro Codecs. If the Software contains MP3 or MP3Pro codecs or technology, supply of the Software does not convey a license nor imply any right to distribute content created with the Software in revenue-generating broadcast systems (terrestrial, satellite, cable and/or other networks), streaming applications (via Internet, intranets, and/or other networks) other content distributions systems (pay-audio or audio-on demand applications and the like) or on physical media (compact discs, digital versatile discs, semiconductor chips, hard drives, memory cards and the like). An independent license for such use may be required. For details, please visit http://mp3licensing.com.
(b) Windows Media Format SDK. Content providers may be using the Microsoft digital rights management technology for Windows Media distributed with the Software ("WM-DRM") to protect the integrity of their content ("Secure Content") so that their intellectual property, including copyright, in such content is not misappropriated. Portions of the Software and other third party applications may use WM-DRM to play Secure Content ("WM-DRM Software"). If the WM-DRM Software's security has been compromised, owners of Secure Content ("Secure Content Owners") may request that Microsoft revoke the WM-DRM Software's right to copy, display and/or play Secure Content. Revocation does not alter the WM-DRM Software's ability to play unprotected content. A list of revoked WM-DRM Software is sent to your computer whenever You download a license for Secure Content from the Internet. Microsoft may, in conjunction with such license, also download revocation lists onto Your computer on behalf of Secure Content Owners. Secure Content Owners may also require You to upgrade some of the WM-DRM components distributed with the Software ("WM-DRM Upgrades") before accessing their content. When You attempt to play such content, WM-DRM Software built by Microsoft will notify You that a WM-DRM Upgrade is required and then ask for Your consent before the WM-DRM Upgrade is downloaded. Non-Microsoft WM-DRM Software may do the same. If You decline the upgrade, You will not be able to access content that requires the WM-DRM Upgrade; however, You will still be able to access unprotected content and Secure Content that does not require the upgrade. WM-DRM features that access the Internet, such as acquiring new licenses and/or performing a required WM-DRM Upgrade, can be switched off. When these features are switched off, You will still be able to play Secure Content if You have a valid license for such content already stored on Your computer.
(c) MPEG-2. The Software may be licensed under the MPEG-2 patent portfolio license offered by MPEG LA. Any use of the Software other than consumer personal use in any manner that complies with the MPEG-2 Standard for encoding video information for packaged media is expressly prohibited without a license under applicable patents in the MPEG-2 Patent Portfolio, which license is available from MPEG LA, 250 Steele Street, Suite 300, Denver, Colorado 80206.
(d) VC-1. The Software 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, LLC. See HTTP://www.mpegla.com.
(e) AVC. The Software 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, LLC. See HTTP://www.mpegla.com.
(f) MPEG-4. The Software may be licensed under the MPEG-4 patent portfolio license offered by MPEG LA. USE OF THIS PRODUCT IN ANY MANNER THAT COMPLIES WITH THE MPEG-4 VISUAL STANDARD IS PROHIBITED, EXCEPT FOR USE BY A CONSUMER ENGAGING IN PERSONAL AND NON-COMMERCIAL ACTIVITIES.
(g) Use of Clipart, Photo Objects and Photographic Images. You may, subject to the restrictions set out below, incorporate any clipart and photo images licensed from third parties (the "Images") into Your own original work and publish, display and distribute Your work in any media. You may not, however, resell, sublicense or otherwise make available the Images for use or distribution separately or detached from a product or web page. For example, the Images 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 reuse by others. Similarly, clients may be provided with copies of the Images (including digital files) as an integral part of a work product, but may not be provided with the Images or permitted to use the Images separately or as part of any other product. You may also, subject to the restrictions set out below make one (1) copy of the Images for backup or archival purposes. You may not create obscene, defamatory or otherwise illegal works using the Images nor use the Images for any other purpose which is prohibited by law. You may not use or permit the use of the Images or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Images or in any part thereof. You may not use the Images in electronic format, online or in multimedia applications unless the Images are incorporated for viewing purposes only and no permission is given to download or save the Images for any reason. You may not rent, lease, sublicense or lend the Images, or a copy thereof, to another person or legal entity. You may, however, transfer all Your license to use the Images to another person or legal entity, provided that (i) You transfer the Images and this license, including all copies (except copies incorporated into Your work product as permitted under this Agreement), 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 Agreement. You may not use any Images except as expressly permitted by this license. You may not use the Images related to identifiable individuals, products or entities in a manner which suggests their association with or endorsement of any product or service unless You clearly print a statement which indicates that in the case of an individual or recognizable product, the person/product is used for illustrative purposes only.
(h) LAME MP3 Encoder. The Software may use the LAME MP3 Encoder Library under the GNU Lesser General Public License. If so, a copy of this license can be found in Your product install folder. Within three years of Your purchase of the Software, You may request a copy of the source code of the LAME MP3 Encoder Library by contacting Corel's customer support. You will be charged a fee for the cost of distribution of the code to You.
(i) Other Third Party IP Rights. The Software may include copyrights, trademarks, code, and other intellectual property ("Third Party IP") owned by third parties. Third Party IP is owned, registered, and/or licensed by the owner of the respective Third Party IP. In general, Corel obtains the Third Party IP "as is" for inclusion in the Software from the respective owners. Your use of Third Party IP outside the scope of this Agreement may be strictly prohibited and permission may be required to use such Third Party IP from the respective owners.
(j) Gracenote Database/Data. The Software may contain software from Gracenote, Inc. of Emeryville, California ("Gracenote"). The software from Gracenote (the "Gracenote Client") enables the Software to do online disc identification and obtain music-related information, including name, artist, track, and title information ("Gracenote Data") from online servers ("Gracenote Servers") and to perform other functions. You may use Gracenote Data only by means of the intended End-User functions of the Software.
You agree that You will use Gracenote Data, the Gracenote Client, and Gracenote Servers for Your own personal non-commercial use only. You agree not to assign, copy, transfer or transmit the Gracenote Client or any Gracenote Data to any third party. YOU AGREE NOT TO USE OR EXPLOIT GRACENOTE DATA, THE GRACENOTE CLIENT, OR GRACENOTE SERVERS, EXCEPT AS EXPRESSLY PERMITTED HEREIN.
You agree that Your non-exclusive license to use the Gracenote Data, the Gracenote Client, and Gracenote Servers will terminate if You violate these restrictions. If Your license terminates, You agree to cease any and all use of the Gracenote Data, the Gracenote Client, and Gracenote Servers. Gracenote reserves all rights in Gracenote Data, the Gracenote Client, and the Gracenote Servers, including all ownership rights. You agree that Gracenote, Inc. may enforce its rights under this Agreement against You directly in its own name.
The Gracenote Client and each item of Gracenote Data are licensed to You "AS IS." Gracenote makes no representations or warranties, express or implied, regarding the accuracy of any Gracenote Data from in the Gracenote Servers. Gracenote reserves the right to delete Data from the Gracenote Servers or to change Data categories for any cause that Gracenote deems sufficient. No warranty is made that the Gracenote Client or Gracenote Servers are error-free or that functioning of Gracenote Client or Gracenote Servers will be uninterrupted. Gracenote is not obligated to provide You with any new enhanced or additional Data types or categories that Gracenote may choose to provide in the future and is free to discontinue its online service at any time.
GRACENOTE DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GRACENOTE DOES NOT WARRANT THE RESULTS THAT WILL BE OBTAINED BY YOUR USE OF THE GRACENOTE CLIENT OR ANY GRACENOTE CDDB SERVER. IN NO CASE WILL GRACENOTE BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR ANY LOST PROFITS OR LOST REVENUES.
ADDITIONAL TERMS APPLICABLE TO USERS OF SOFTWARE LOCATED IN GERMANY OR AUSTRIA: If You obtained the Software in Germany or Austria, then mandatory German and Austrian product liability and other consumer protection laws concerning remedies for defective goods shall apply and govern any inconsistencies between such laws and the provisions of this EULA set forth above.
Regarding WARRANTY the following shall apply: The Software when properly installed and under normal use will substantially conform to the features and functionality as set forth in the documentation accompanying the Software. However, the Software may contain immaterial bugs and errors. Therefore, the Software – as the case may be in deviation of applicable statutory law - is provided on the basis that remedies regarding such immaterial bugs and errors will only be provided from time to time by bug fixes.
Regarding LIABILITY the provisions under RESTRICTIONS OF LIABILITY REGARDING CUSTOMERS IN GERMANY shall apply.
ADDITIONAL TERMS APPLICABLE TO USERS OF HARDWARE OR SOFTWARE LOCATED IN THE UNITED KINGDOM: If (a) You are acting as a consumer and the United Kingdom is Your legal residence; (b) You entered into this EULA in the United Kingdom; and (c) You have obtained the Software in the United Kingdom, then the limitation of liability and warranty provisions set forth in applicable consumer protection and warranty laws of the United Kingdom shall apply and govern any inconsistencies between such laws and the provisions of this EULA set forth above.
ADDITIONAL TERMS APPLICABLE TO USERS OF HARDWARE OR SOFTWARE LOCATED IN AUSTRALIA:
LIMITED WARRANTY (AUSTRALIAN CONSUMERS ONLY)
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for “major failure” and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.
The term “major failure” is defined in the Australian Consumer Law and includes but is not limited to where the goods are substantially unfit for purpose and cannot easily and within a reasonable time be remedied to make them fit for such a purpose, or where the goods depart in one or more significant respects, if they were supplied by description – from that description.
The warranty provided under this section is provided by Corel Corporation of 1600 Carling Avenue, Ottawa, Ontario, K1Z 8R7, Canada.
We warrant that the media on which Software is furnished will be free of defects in materials and workmanship under normal use for a period of ninety (90) days from the date You purchased the Software. The benefits provided by this express warranty are in addition to any other rights and remedies of the consumer under any law in relation to the goods or service to which the warranty relates.
The Software when properly installed and under normal use will substantially conform to the features and functionality as set forth in the documentation accompanying the Software; however, the Software may contain normal bugs and errors. Bug fixes and Updates will be provided from time to time.
If the disc is defective, then, without limiting any other obligations at law, Corel will replace the defective computer disc if you return the defective disc to us with a copy of your receipt. Any replacement Software will be warranted for the original warranty period covered by this section.
EXCLUSIONS (AUSTRALIA ONLY)
The warranty provided under this section does not cover defects or problems that arise due to You causing the Software to become of unacceptable quality, such as failure to take reasonable care or damage caused by abnormal use. Further, You assume all responsibilities for choosing, installing, and using the Software.
Except as set out above, to the maximum extent permitted by applicable law, Corel disclaims all other warranties, either express or implied, including but not limited to non-infringement with respect to the Software and the accompanying written materials.
If You alter the Software 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.
HOW TO CLAIM UNDER THE WARRANTY (AUSTRALIA ONLY)
For the warranty to be honoured, you must contact Corel’s Customer Service centre www.corel.com/support/rma/ and seek a Return Merchandise Authorisation (RMA) number. More detailed RMA instructions together with shipping information and an RMA number will then be sent to you by email. You will be required to provide proof of purchase and bear the costs of returning the Software. The Software together with all related media and manuals must be returned to Corel Japan Limited, Shinbashi Tokyu Bldg 2f, 4-21-3 Minato-ku Tokyo, 105-0004 Japan. The Software must also be uninstalled from your computer and any storage devices and you must delete any backup copies. We will endeavour to process your claim within 10 working days from the date Corel receives it. If we accept that the Software is defective, a replacement disc will be provided to you by mail.
INDIRECT AND CONSEQUENTIAL LOSS - AUSTRALIA
TO THE EXTENT PERMITTED UNDER AUSTRALIAN LAW, COREL SHALL HAVE NO LIABILITY FOR INDIRECT OR CONSEQUENTIAL DAMAGES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COREL OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER INDIRECT PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ADDITIONAL TERMS APPLICABLE TO USERS OF SOFTWARE CONTAINING SHAREWARE: Certain Software are shareware and as such are acquired without charge and can be used for a limited period of time for evaluation purposes and are subject to the particular end user license for such shareware.
ADDITIONAL TERMS APPLICABLE TO USERS OF CLIPART, STOCK PHOTO IMAGES, VIDEO CONTENT, AUDIO CLIPS, FONTS AND SAMPLE CONTENT: Our Software may contain or provide access to clipart, photo images, video content, audio clips (collectively referred to as the “Images or Clips”), software data files that render typeface designs when used in conjunction with appropriate hardware and software (for example only, without limitation,.ttf or .otf files) referred to as “Font Software”, and the graphic rendering generated by the Font Software referred to as “Font Output” and sample content such as forms, templates, “tubes”, “creatures” or similar items (collectively referred to as the “Sample Content”) that are owned by Us, open source technology, or licensed from a third-party. Except as required in the paragraph below or as specified with the content, as a user of Our Software You are free to use, modify and publish the Images or Clips, Font Output or Sample Content as follows: You may (i) incorporate any Images or Clips, Font Output or Sample Content into Your own original work and publish, display and distribute Your work in any media, provided You include a copyright notice in Your work reflecting on the copyright ownership of both You and Corel as follows: “Copyright (c) 20___ [Your name], Corel Corporation and its licensors. All rights reserved.”; and (ii) make one (1) copy of the Images or Clips, Font Software, or Sample Content for backup or archival purposes. YOU MAY NOT (i) resell, sublicense or otherwise make available the Images or Clips, or Font Software for use or distribution separately or detached from a product or web page. For example, the Images or Clips or Font Output may be used by You as part of a web page design, but not be made available for downloading separately (use of the Font Software as a web font, utilizing the CSS3@font-face specification or similar is specifically prohibited) or in a format designed or intended for permanent storage or re-use by others; (ii) provide the Images or Clips or Font Software to third parties or permit the use of the Images or Clips or Font Software or Font Output by third parties separately or as part of any other product, however, third parties may be provided with copies of the Images or Clips or Font Output (including in digital files) as part of a work product; (iii) use the Images or Clips, Font Software, Font Output, or Sample Content for any other purpose which is prohibited by law; (iv) or permit the use of the Images or Clips, Font Software, Font Output, or Sample Content or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Images or Clips, Font Software, Font Output, or Sample Content or any part thereof; (v) use any of the Images or Clips which contain identifiable individuals or entities for any commercial purpose including, without limitation, in a manner which suggests their association with or endorsement of any product or service; (vi) use the Images or Clips in electronic format, on-line or in multimedia applications unless the Images or Clips are incorporated for viewing purposes only and no permission is given to download and/or save the Images or Clips for any reason; (vii) rent, lease, sublicense or lend the Images or Clips or Font Software or Font Output, or any copies thereof, to another person or legal entity; (viii) modify the Font Software in any way; (ix) use any Images or Clips presented in any Software splash screens, welcome screens, product packaging and/or marketing collateral; or (x) use any Images or Clips, Font Software or Font Output or Sample Content except as expressly permitted by this EULA. You may, however, transfer all Your rights under this EULA to use the Images or Clips or Font Software to another person or legal entity, provided that (i) You transfer the Software, including the Images or Clips or Font Software, and this EULA, including all copies (except copies incorporated into Your work product as permitted under this EULA), to such person or entity, (ii) You retain no copies, including copies stored on a computer or other storage device, and (iii) the receiving party agrees to be bound by the terms and conditions of this EULA.
Notwithstanding anything to the contrary contained herein, in the case of open source Font Software, such may be used and/or re-distributed in accordance with applicable open source licenses.