License
License
License
Unless you have a written agreement with Corel providing for additional Use, the below
agreement gives you permission to install and Use one (1) copy of this Product on one (1)
computer or electronic device at any given time as set out in more detail below. This
agreement also imposes certain restrictions on your Use of this Product. Unless you have
another written agreement directly with Corel, or one of its subsidiaries, that expressly
supersedes this agreement and controls and alters your Use or distribution of the Product, this
Product is provided under the following end user license agreement and all applicable addenda
(“License”) which define what you may do with the Product and contain limitations on warranties
and/or remedies. This License does (i) not grant any concurrent right in the software; and (ii) not
apply to any software installed on a terminal server. A separate license agreement must be
concluded with Corel to obtain these rights.
This License is granted by Corel Corporation and its Affiliates (“Corel”) and includes the
following:
1. General License Agreement Terms and Definitions
2. Corel Guidelines for the Use of Clipart and Stock Photo Images and Sample Content
3. Trial or Starter Version Addendum to the General License Agreement
4. Academic/Education/Student and Teacher/Home and Student Edition Addendum to the
General License Agreement
5. OEM Edition Addendum to the General License Agreement
6. SDK Addendum to the General License Agreement
7. Pre-release Version Addendum to the General License Agreement
8. Home Edition Addendum to the General License Agreement
1.1 DEFINITIONS:
1.1.1 “Affiliates” means any corporation, company or other entity that directly or indirectly, is
controlled by, or is under common control with, Corel Corporation.
1.1.2 "Computer" means a computer or an electronic device that accepts information in digital
or similar form and manipulates it for a specific result based on a sequence of instructions;
1.1.3 "Documentation" means any accompanying printed materials, this License, any other
agreement you may have with Corel relating to this Product, and "online" or electronic
documentation;
1.1.4 "Permitted Number" means one (1) unless otherwise indicated under a valid license
granted by Corel or one of its subsidiaries;
1.1.5 "Product" means a computer program, computer software (including its code) objects
(including their APIs) as well as any images, photographs, templates, animations, video, audio,
music, text and "applets" incorporated into the software, and where applicable, storage media
containing all the above, including any Documentation; and
1.1.6 "Use" means to access, install, download, copy or otherwise benefit from using the
functionality of the Product in accordance with the Documentation.
1.2 LICENSE:
Corel provides you with a Product and grants you a non-exclusive license to Use the Product in
accordance with the terms of this License. Any supplemental software code and supporting
materials provided to you as part of support services provided by Corel for the Product shall be
considered part of the Product and subject to the terms and conditions of this License. The
copyright and all other rights to the Product shall remain with Corel or its licensors. This License
permits you to make limited number of copies of the Product and to the extent you do so, you
must reproduce any copyright or other notices marked on the Product on all copies you make.
Some third party materials included in the Product may be subject to other terms and conditions
which are typically found in the "Help About" box. To the extent that any third party's intellectual
property is incorporated within the Product, you agree that such third party is a third party
beneficiary of the terms of this License to the extent of the third party's license to Corel.
1.7 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 Intellectual
Property Rights, Limited Warranty, Disclaimer and Limitation of Liability provisions set out in
Sections 1.6, 1.8, 1.9, 1.10, 1.14, 1.15, 3.2, 6.3 and 7.3 shall continue in force even after any
termination.
1.9 DISCLAIMER:
EXCEPT FOR THE EXPRESS LIMITED WARRANTY ABOVE AND FOR ANY WARRANTY,
CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME
CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR
JURISDICTION, THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER
WARRANTIES, REPRESENTATIONS, CONDITIONS OR TERMS, EXPRESS OR IMPLIED,
WHETHER BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT OF THIRD
PARTY RIGHTS, INTEGRATION, MERCHANTABLE QUALITY, SATISFACTORY QUALITY,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COREL AND ITS
SUPPLIERS AND DEALERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR
RESULTS YOU MAY OBTAIN BY USING THE PRODUCT. THE ENTIRE RISK AS TO THE
RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. WHERE ANY
NON-EXCLUDABLE TERMS ARE IMPLIED INTO THIS LICENSE BY OPERATION OF LAW, TO
THE EXTENT PERMISSIBLE BY LAW, COREL LIMITS ITS LIABILITY TO, AT ITS OPTION,
THE REPAIR OR REPLACEMENT OF THE GOODS, THE RE-SUPPLY OF EQUIVALENT
GOODS, OR THE COST THEREOF.
1.13 ELIGIBILITY:
To be eligible to Use or download the Product you must be in compliance with applicable export
laws. You may only download, install and/or Use the Product if: (i) you are not a citizen, national
or resident of, and are not under the control of, the government of: Cuba, Iran, Libya, North
Korea, Sudan, Syria, nor any other country to which the United States has prohibited export; (ii)
you will not download or otherwise export or re-export the Product, directly or indirectly, to the
countries mentioned in clause (i) nor to citizens, nationals or residents of those countries; (iii) you
are not listed in the United States Department of Treasury lists of Specially Designated Nationals,
Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are you listed
on the United States Department of Commerce Table of Denial Orders; (iv) you will not download
or otherwise export or re-export the Product, directly or indirectly, to persons on the lists
mentioned in clause (iii); and (v) you will not Use the Product for, and will not allow the Product to
be Used for, any purposes prohibited by United States law, including, without limitation, for the
development, design, manufacture or production of nuclear, chemical or biological weapons of
mass destruction.
If you are not in compliance with the above statements, you are not eligible to Use or download
the Product.
1.14.3 If you are a business in Germany or Austria, the courts of the Province of Ontario, Canada
shall have exclusive jurisdiction over any matter arising hereunder.
Corel warrants to the person or entity who first purchases a license for the Product that the
Product will be free from defects in material and workmanship for a period of six (6) months
following receipt or download when Used on the recommended hardware configuration and
otherwise in accordance with the terms and conditions of this License, provided that Corel shall
not be liable for any (i) damage or loss which arises by way of accident, misuse, unauthorised
repair or modification of the Product or Use of the Product for a purpose other than that for which
it was designed, by you or a third party; (ii) defect in the Product caused by fair wear and tear,
abnormal or unsuitable conditions or storage or Use or an act, neglect or default by you or a third
party; or (iii) defect in the Product unless Corel is notified within six (6) months from the date of
delivery.
To make a warranty claim you must return the Product, at Corel's expense to Corel Corporation,
1600 Carling Avenue, Ottawa, Ontario, Canada within such six (6) month period. Corel will not be
liable for any warranty claims arising after the expiry of the warranty period. If Corel is liable under
this warranty, Corel's only obligation is to: (i) replace or repair the Product; (ii) reduce the
purchase price of the Product; or (iii) rescind the License and refund to you the amount paid by
you for the Product
1.15.2 Consumers.
If you are dealing as a Consumer (pursuant to the Unfair Contract Terms Act 1977), Section
1.15.3 shall not apply to you to the extent English law prohibits the exclusion of those matters. In
respect of consumer transactions only (as defined by the Consumer Transactions (Restrictions on
Statements) Order 1976), nothing in this License affects your statutory rights as a Consumer.
1.15.3 Disclaimer.
If you are a business in the United Kingdom or a Consumer, Sections 1.9, 7.3 and other
disclaimer provisions contained in this License, to the extent inconsistent with this Section, will be
replaced or amended by this Section 1.15.3. Except as expressly set out in this License
(including Section 1.15.2), all conditions, warranties and representations, express or implied by
statute, common law or otherwise, in relation to the Product are excluded. Corel will not be liable
to you (in equity, contract or tort, under the Misrepresentation Act 1967 or in any other way) for a
representation that is not set out in this License and you agree that you have not relied on or
been induced by any statement or representation in entering into this License other than as
expressly set out in this License.
Corel will not be liable to you whether in contract, tort (including without limitation negligence),
misrepresentation or otherwise for: (i) any indirect or consequential losses or expenses suffered
by you or any third party, howsoever caused; (ii) loss or damage incurred by you as a result of
third party claims; (iii) loss of profits, goodwill, reputation, business receipts or contracts, or losses
or expenses resulting from third party claims.
Corel's aggregate liability to you, whether in contract, tort (including without limitation negligence),
misrepresentation or otherwise is limited in respect of each event or series of connected events to
the cost of the defective or damaged Product which gives rise to such liability.
1.16 GENERAL:
This License is the entire agreement between you and Corel, superseding any other agreement
or discussions, representations or advertising, oral or written, other than a separate, valid,
existing and applicable license agreement entered into between you and Corel or any of its
subsidiaries (the "Other License") in which case that Other License governs to the extent of any
inconsistency between this License and that Other License. This License may be modified only
by a written document signed by an authorized officer of Corel. This License shall be governed by
and construed in accordance with the laws of the Province of Ontario, Canada, and the parties
agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario, Canada
where permitted by applicable law, unless there is an Other License, in which case the choice of
law and jurisdiction specified in that Other License shall prevail. This License specifically
excludes (i) that body of law applicable to choice of law, and (ii) the United Nations Convention on
Contracts for the International Sale of Goods and any legislation implementing such Convention,
if otherwise applicable. If any provision of this License is declared by a court of competent
jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the
License and the other provisions shall remain in full force and effect. Except as expressly set forth
herein to the extent permitted by applicable law, this License shall not prejudice the non-
excludable, statutory rights of any party dealing as a consumer. You agree that this Agreement
and all documents contemplated hereby be drawn up in English. Vous consentez à ce que cette
entente et tous autres documents envisagés par les présentes soient rédigés en anglais.
In the event that your Product contains a “Message Center” and is not a “Trial”, “Starter”, “OEM”,
free application or other special version of the Product, you may elect not to receive any in-
Product marketing information through the Message Center by altering your “Message
Preferences” in the Product. Please see Corel’s Privacy Policy at www.corel.com/privacy for
further information on the Message Center and on Corel’s collection and use of information.
If you fail to activate or register a Product which requires mandatory activation or registration in
the amount of time specified in the Product, you will be unable to Use this Product and your
License to Use the Product shall be suspended until such time as you promptly complete the
activation and/or registration process. Any attempt to circumvent the activation or registration
technology or other mechanism contained within the Product is a violation of this License and
shall result in the automatic and immediate termination of your License to Use the Product.
2. COREL GUIDELINES FOR THE USE OF CLIPART, STOCK PHOTO IMAGES AND SAMPLE
CONTENT:
Corel products may contain numerous clipart, photo images and sample content such as forms,
templates, Paint Shop Pro “tubes” or similar items (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,
Corel recommends that you seek the advice of your own attorney or legal counsel. Corel will not
provide you with an opinion as to whether your Use is in compliance with these Guidelines.
2.1 YOU MAY, subject to any restrictions set out in Sections 2.2 and 2.3 below:
(i) incorporate any Image(s) into your own original work and publish, display and distribute your
work in any media, provided you include a copyright notice in your work reflecting on the
copyright ownership of both you and Corel as follows:
"Copyright (c) 200__ [your name] and its licensors. All rights reserved."; and
(ii) make one (1) copy of the Image(s) for backup or archival purposes.
3.1 If this Product is a Trial or Starter Version, your Use of the Trial or Starter Version Product is
governed by the terms of the General License Agreement as modified by the terms of this Trial or
Starter Version Addendum until such time as you purchase a license to the full retail version of
the Product. In the event of any conflict between the terms of the General License Agreement
and this Trial or Starter Version Addendum, the terms of the Trial or Starter Version Addendum
shall govern.
The Trial Version of the Product will become inoperable after a designated period of time (e.g. 30,
45 or 60 days) or after a specific number of product executions as specified by the Product after
installation. After this date or this number of product executions, the License hereunder shall
terminate and you will not be able to access any files created with this trial version unless you
have licensed a retail version of the product. The Starter Version of the Product will include
software code intended to disable functionality of certain premium features of the Product after a
designated period of time (e.g. 30, 45 or 60 days) or after a specific number of product executions
as specified by the Product after installation. After this date, the License hereunder shall survive
for the remaining features in the Product.
This Trial or Starter Version of the Product allows you to access a limited number of major
module(s) included in the retail version of the Product and these are the only module(s) you will
be able to install. Extra value components and applications of the retail version of the Product are
not licensed to you with this Trial or Starter Version. All references to other applications, extra
libraries or other CD-ROMs that may appear in this Trial or Starter Version of the Product are not
applicable. Corel is licensing this Trial or Starter Version of the Product on an "as is" basis, solely
as a demonstration model and it should only be Used in a dedicated test environment that does
not hold any risk of loss or damage to production data. You are granted a license to Use the Trial
or Starter Version of the Product only. Such License shall continue for the period specified in the
Trial or Starter Version of the Product, after which time your License to Use the Trial or Starter
Version shall terminate.
Any attempt to circumvent any expiry date technology/time bomb mechanism or other mechanism
contained within the Product which is intended to limit your ability to Use the Product only as a
Trial or Starter Version or to a specified period is a violation of this License and shall result in the
automatic and immediate termination of your License to Use the Product.
4.1 If this Product is identified as an Academic, Education, Student and Teacher or Home and
Student Edition, your Use of this Product is governed by the terms of the General License
Agreement as modified by the terms of this Academic/Education/Student and Teacher/Home and
Student Edition Addendum to the General License Agreement. In the event of any conflict
between the terms of the General License Agreement and this Academic/Education/Student and
Teacher/Home and Student Edition Addendum, the terms of this Academic/Education/Student
and Teacher/Home and Student Addendum to the General License Agreement shall govern. You
are not entitled to Use the Product unless you qualify in your jurisdiction as an Academic End
User. Please contact Corel Customer Service to find out whether you qualify.
Notwithstanding anything to the contrary in the 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 this Product is a Academic/Education/Student and Teacher/Home and Student Edition,
your Use of the Product is governed by the terms of the General License Agreement as modified
by the terms of this Academic/Education/Student and Teacher/Home and Student Edition
Addendum to the General License Agreement. In the event of any conflict between the terms of
the General License Agreement and this Academic/Education/Student and Teacher/Home and
Student Edition Addendum, the terms of this Academic/Education/Student and Teacher/Home
and Student Edition Addendum to the General License Agreement shall govern.
i) you may Use the Product if you are a member of a household which includes a person
who qualifies as an academic end user in your jurisdiction;
(ii) you may install and Use a copy of this Product on up to three (3) computers in your
household;
(iii) notwithstanding anything to the contrary in the General License Agreement, you may not
Use the Product in any way for any commercial purpose or in any commercial enterprise or
business whatsoever. The Product may only be Used for personal purposes in a non-commercial
environment.
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.
It is Corel's intention in designing the SDK to make it compatible with other versions of the SDK.
However, since it is constantly being modified and reorganized, with certain capabilities added to
or eliminated from any particular version or product, Corel makes no representations or
warranties concerning compatibility with other versions or products.
You are solely responsible for determining the usefulness of the SDK for your particular purpose.
The SDK is provided to software developers with the expectation that the developers are capable
of writing and debugging their own programs; Corel does not assume any support obligations with
respect to the SDK or the Use thereof. Any research, development, or evaluations you perform is
done entirely at your own risk.
7.1 LICENSE GRANT: Corel grants to you a non-exclusive license to Use the Product for
evaluation and trial purposes only for a limited time. This license does not entitle you to hard-copy
documentation, support or telephone assistance. While Corel intends to distribute a commercial
release of the Product, Corel reserves the right at any time not to release a commercial release of
the Product or, if released, to alter prices, features, licensing terms, or other characteristics of the
commercial release.
7.2 TERMINATION: The License granted under this Pre-release Version Addendum will
terminate thirty (30) days following Corel's 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.
8.1 If this Product is a Home Edition Version, your Use of the Product is governed by the terms
of the General License Agreement as modified by the terms of this Home Edition Addendum to
the General License Agreement. In the event of any conflict between the terms of the General
License Agreement and this Home Edition Addendum, the terms of this Home Edition Addendum
to the General License Agreement shall govern.
Notwithstanding anything to the contrary in the General License Agreement, you may not Use the
Product in any way for any commercial purpose or in any commercial enterprise or business
whatsoever. The Product may only be Used for personal purposes in a non-commercial
environment.
June 2007