End user agreement for Corel Painter X for Macintosh
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.
IMPORTANT: THIS IS A LICENSE, NOT A SALE. 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, YOU MAY NOT USE THIS PRODUCT.
This agreement 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.
IF YOU ARE DOWNLOADING THIS PRODUCT, READ CAREFULLY THE TERMS AND CONDITIONS OF THE LICENSE BEFORE DOWNLOADING THIS PRODUCT. BY DOWNLOADING THIS PRODUCT:
(i) you certify that you are not a minor and that you agree to be bound by all of the terms and conditions set out in this License. Downloading and/or using the Product will be an irrevocable acceptance of the terms and conditions of the License;
(ii) you agree to be responsible for your Internet service provider fees, telecommunication and other charges that may apply as a result of your download of the Product;
(iii) you represent and warrant to Corel, if you are accepting on behalf of a company or other legal entity, that you have full authority to bind such entity; and
(iv) all risk of damage to the Product during transmission and download is assumed by you.
IF YOU DO NOT AGREE WITH THE ABOVE, DO NOT DOWNLOAD THIS PRODUCT.
This License is granted by Corel Corporation and its Affiliates (“Corel”) and includes the following:
1. General License 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 License
4. Academic, Education, Student and Teacher, Home and Student, and Home Edition Addendum to the License
5. OEM Edition Addendum to the License
6. SDK Addendum to the License
7. Pre-release Version Addendum to the License
1. GENERAL LICENSE TERMS AND DEFINITIONS:
IMPORTANT: THIS LICENSE, IN ADDITION TO THE LEGITIMATE PROOF OF PURCHASE OF THE PRODUCT, IS EVIDENCE OF YOUR RIGHT TO USE THE PRODUCT. PLEASE PRINT THIS LICENSE AND KEEP IT FOR YOUR RECORDS.
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 "Pre-Release Version" means a Product which is identified as a pre-release or beta version;
1.1.6 "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 any of the above, including any Documentation; and
1.1.7 "Use" means to access, install, download, copy or otherwise benefit from using the functionality of the Product in accordance with the Documentation.
1.2.1 License Grant.
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. Unless otherwise provided for in another agreement that you have with Corel, if the Product specifies that the Product may only be purchased or obtained in a particular country, territory or region, you may only purchase or obtain such Product from Corel, a Corel channel partner or a Corel-authorized reseller situated within such country, territory or region. 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. To the extent expressly stated herein, this License permits you to make limited number of copies of the Product in which case 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.
1.2.2 On-Line Services.
Some functionality in our Products may require you to separately acquire on-line services. Neither the Product nor this License gives you any right to use the Internet, any on-line services or any other services or software that may be required for you to Use all the functions and features associated with the Product.
1.3 Provided you have obtained this product from Corel, a Corel channel partner or a Corel-authorized reseller, YOU MAY:
(i) in the case of Product purchased, obtained or Used in China or India, install and Use one (1) copy of the Product on a Computer up to the Permitted Number of Computers provided that you have registered the Product with Corel. In all other cases, you may install and Use one (1) copy of the Product on a Computer up to the Permitted Number of Computers without registering the Product, unless the Product expressly requires registration as a condition of Use;;
(ii) install one (1) copy of the Product on a storage device, such as a network server, Used only to install or run the Product on your other Computers within an internal network up to the Permitted Number. You must acquire and dedicate a license for each Computer on which the Product is installed or run from the storage device. A single license for the Product may not be shared or Used concurrently on different Computers unless you have another agreement with Corel permitting you to do so;
(iii) make one copy of the Product solely for archive or backup purposes;
(iv) if this Product includes Clipart and/or Photo Images, Use the Clipart and/or Photo Images only if you comply with the terms set out in the Corel Guidelines for the Use of Clipart and Stock Photo Images below;
(v) except in the case of Academic, Education, Student and Teacher, Home and Student, Home Edition, OEM Edition and Pre-release Version Products which are non-transferable (see Academic, Education, Student and Teacher, Home and Student, and Home Edition Addendum, the OEM Edition Addendum and the Pre-release Version Addendum below), 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;
(vi) if you have purchased this Product as an upgrade to a Corel product, continue to Use your previous product with this Product. If you transfer this Product, you must either transfer the previous product at the same time you transfer the Product or destroy the previous 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 previous product only in accordance with this License;
(vii) Use only one (1) of the language versions if the Product provides you with a selection of multiple language versions;
(viii) if this Product includes Show On The Go(TM), Corel PRESENTS Runtime Player(TM) or a similar feature that permits the creation of a runtime slide show presentation, freely copy and distribute the runtime program files together with slide show graphic files developed using the Product; provided you (a) do not use the logo, name, or trademarks of Corel or its licensors other than to indicate that the slide show file was created using Corel(R) Presentations(TM) or another Corel product, (b) include your copyright notice on media containing the runtime program files and/or in a conspicuous place within your slide show file, and (c) indemnify Corel and its licensors against any claims or lawsuits arising from your Use or distribution of the runtime program files as part of the slide show file you distribute. You are responsible for all primary technical support to the end user of any runtime program file you distribute;
(ix) if this Product contains the slide show player program, "player.exe", distribute to third parties the slide shows you create with the "player.exe" solely for the purpose of enabling such third parties to view the slide show(s) packaged in such files. You (and not Corel) assume all responsibility and liability for the content of such materials; and
(x) only distribute sound file(s) included with the Product to third parties or permit the Use of the sound files(s) by third parties if the sound file(s) are included or embedded with a file (or files) created Using the Product.
1.4 YOU MAY NOT:
(i) Use the Product or make copies of it other than as permitted in this License except to the extent the foregoing restriction is, by operation of applicable law, prohibited or of no effect;
(ii) translate, reverse engineer, decompile, or disassemble the Product except to the extent the foregoing restriction is, by operation of applicable law, prohibited or of no effect;
(iii) rent, lease, assign, sell, sublicense, lend or transfer the Product except as set out in Section 1.3 above;
(iv) modify the Product or merge all or any part of the Product with another program;
(v) redistribute the fonts included with the Product;
(vi) separate the component parts of the Product for Use on more than one (1) Computer except to the extent the foregoing restriction is, by operation of applicable law, prohibited or of no effect;
(vii) if this Product is an OEM Edition, Use or copy the Product if you received the Product as a stand-alone product. The Use of the OEM Edition Product is subject to the additional restrictions set out in Section 5;
(viii) transfer or assign the Product or any copy thereof, or your License to Use the Product to a third party, if this Product is identified as a Not For Resale (NFR) version; and
(ix) distribute sound file(s) included with the Product to third parties or permit Use of the sound file(s) by third parties except as included or embedded with a file (or files) created Using the Product.
1.5 PRODUCT UPDATES, NEW VERSIONS AND THIRD PARTIES’ SOFTWARE:
1.5.1 Installation of Updates, Patches, Additional Features or Functions, etc.
You acknowledge that Corel may, but is under no obligation to, from time to time provide you with additional features, functions, patches, plug-ins, service packs, updates or other similar files related to this Product (“Updates”). You further acknowledge and accept that Corel need not provide you with advance notice of the installation of any such Updates.
1.5.2 Mandatory Updates.
In the event Corel provides you with an Update to address a threatened or actual security breach in the Product, to replace technologies that may infringe third party intellectual property rights or for any other reason of similar significance to Corel (such Updates hereinafter referred to as “Mandatory Updates”), you agree to promptly, and in no event later than ten (10) business days after Corel provides such Mandatory Update to you, cease use of any Product that has not be updated with the Mandatory Update. Failure to comply within the timeframe specified in this Section shall result in the automatic and immediate termination of your License to Use the Product.
1.5.3 Use of Updates, Patches, etc.
Any Updates you obtain or receive may only be Used in conjunction with the Corel application software product for which it was designed (the "Original Application") and is subject to this License including, without limitation, to Corel's Limited Warranty, Disclaimer and Limitation of Liability (as set out in Sections 1.9, 1.10 and 1.11) and Eligibility provisions (as set out in Section 1.14), as applicable. You are granted a non-exclusive license to Use the Updates only with the Original Application provided that you still possess a valid license from Corel for the Original Application.
1.5.4 New Versions.
You acknowledge and agree that Corel has no obligation to make available to you any subsequent versions of the Product. You also agree that you may have to enter into a renewed version of this License in the event you want to Use a new version of the Product. Furthermore, you acknowledge and agree that Corel, in its sole discretion, may modify or discontinue or suspend your ability to Use any version of the Product, and/or disable any Product you may already have accessed or installed without any notice to you, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where you, at Corel’s discretion, are in breach of this License, potential legal liabilities, acting inconsistently with the letter or spirit of Corel’s policies, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons. Corel will not accept any liability in relation to the direct or indirect damages caused by: (i) the release and/or the absence of release of new versions of the Product; and (ii) by the suspension or termination of this License by Corel and/or by you.
1.5.5 Third Parties.
You acknowledge and agree that the Product may be incorporated into, and may incorporate itself into, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Product falls under the scope of this License. Any and all other third party software or technology that may be distributed together with the Product (“Bundled Third Party Software”) will be subject to you explicitly accepting a license agreement with that third party. You acknowledge and agree that you have not entered into a contractual relationship with Corel regarding such Bundled Third Party Software and you will look solely to the applicable third party and not to Corel to enforce any of your rights.
1.6 HOME AND LAPTOP USE:
Except as provided below, you may make and Use a second copy of certain software applications on a home or portable computer provided that copy of the software application is never loaded in the RAM (i.e. the memory) of the home or portable computer at the same time that it is loaded in the RAM of the primary computer. Such software applications include: Corel CAPTURE, CorelDRAW, Corel DESIGNER, Corel Painter, Paint Shop Pro Photo, Paradox, PHOTO-PAINT, Presentations, Quattro Pro and WordPerfect. If the software application is being Used in China, India, Vietnam or Indonesia, you may not make or Use a second copy of the software application on a home or portable computer.
1.7 INTELLECTUAL PROPERTY RIGHTS:
Except as expressly licensed to you in this License, Corel retains all right, title and interest in and to the Product and any copies you are authorized by Corel to make. The Product is protected by copyright, including without limitation by U.S. and Canadian copyright law, international treaty provisions and applicable laws in the country in which it is being Used. Except as expressly stated herein, this License does not grant you any intellectual property rights in the Product. All rights not expressly granted are reserved by Corel.
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 1.7, 1.9, 1.10, 1.11, 1.15, 1.16, 3.2, 6.3 and 7.3 shall continue in force even after any termination.
1.9 LIMITED WARRANTY:
Except as may be otherwise provided in this License or unless the Product is a Trial Version as set forth in Section 3 or a Pre-Release Version as set out in Section 7, Corel warrants to the person or entity that first purchases a license to Use this Product 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, contact Corel Customer Service at www.corel.com to obtain a RMA Number to return the media and Corel will replace it free of charge. THIS REMEDY IS YOUR EXCLUSIVE REMEDY AND COREL'S AND ITS SUPPLIERS' AND DEALERS' ENTIRE LIABILITY FOR BREACH OF THIS WARRANTY OR, WHERE PERMITTED BY APPLICABLE LAW, FOR ANY OTHER CAUSE OF ACTION (INCLUDING NEGLIGENCE) CONCERNING ANY DEFECT IN MATERIALS OR WORKMANSHIP IN RELATION TO THE PRODUCT. THIS LIMITED WARRANTY GIVES YOU CERTAIN LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL LEGISLATED RIGHTS WHICH MAY VARY FROM JURISDICTION TO JURISDICTION.
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.
1.11 LIMITATION OF LIABILITY:
SUBJECT TO THE EXPRESS LIMITED WARRANTY ABOVE, IN NO EVENT WILL COREL, ITS DEALERS OR SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER (INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION WHATSOEVER) OR 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 A COREL REPRESENTATIVE