Xara Photo & Graphic Designer 9

End user agreement for Xara Photo & Graphic Designer

Xara Customer End User License Agreement

© 2013 Xara Group Ltd

IMPORTANT NOTICE: The Photo & Graphic Designer 9 software ("Software") is the copyright of Xara Group Limited ("Xara") whose principal place of business is at Gaddesden Place, Hemel Hempstead, Herts, HP2 6EX, United Kingdom and may not be stored on any computer or copied without the license of Xara. You are offered a license on the terms of the End User License Agreement ("EULA") set out below.

If you accept the terms of the License Agreement, select the 'I accept' checkbox below.

Selecting 'I accept' and installing the Software constitutes acceptance of the terms of the EULA. Please read carefully and accept the terms and conditions of the EULA before installing the Software. Do not install the Software if you do not agree to the terms and conditions of the EULA.

If you do not accept these terms and you have purchased the Software you may within 14 days of purchase return the CD-ROM containing the Software, unused and intact or in the case of a download a Letter of Destruction to your supplier together with proof of purchase for a full refund.

XARA PHOTO & GRAPHIC DESIGNER 9 END USER LICENSE AGREEMENT ("EULA")

A. You are permitted to:

1.load or download the Software and use it only on a single client computer which is under your personal control (unless you have purchased a network license, contact Xara sales at www.xara.com); except that you may

2. copy the Software from one computer to another under your personal control provided it is used on only one computer at any one time and only by you. The copies must reproduce and include Xara's copyright notices;

3. make one copy of the Software for back-up purposes only in support of the permitted use. The copies must reproduce and include Xara's copyright notices;

4. transfer the Software (complete with all its associated documentation) and this license to another person provided he has agreed to accept the terms of this Agreement and you contemporaneously transfer all copies of the Software you have made to that person or destroy all copies not transferred. If any transferee does not accept such terms then this license shall automatically terminate. The transferor does not retain any rights under this Agreement in respect of the transferred Software or license.

B. You are not permitted:

1. to use the Software on any computer or system which permits electronic access to it by more than one user (unless you have purchased a network license, contact Xara sales at www.xara.com);

2. to rent, lease, sub-license, loan, copy (except as expressly provided in this Agreement), modify adapt, merge, translate, reverse engineer, decompile, disassemble or create derivative works based on the whole or any part of the Software or its associated documentation except as permitted by law;

3. except as expressly provided in this Agreement, to use, reproduce or deal in the Software in any way.

C. TERM

The license is effective until you terminate it by destroying the Software and its documentation together with all copies. It will also terminate if you fail to abide by this Agreement. Upon termination you agree to destroy all copies of the Software and its documentation including any Software stored on the hard disk of any computer under your control. If you are using the trial version of the Software then any rights to use the Software or images created with it terminates with the expiration of the trial period.

D. OWNERSHIP

You own only any CD-ROM (or authorized replacement) upon which the Software was supplied where it was not downloaded. You may retain such CD-ROM on termination provided the Software has been erased. Xara shall at all times retain ownership of the Software as recorded on the original CD-ROM and all subsequent copies thereof regardless of form. This Agreement applies to the grant of the license only and not to the contract of sale of the CD-ROM.

E. INCLUDED ONLINE ACCESS TO THIRD PARTY SOFTWARE

The Software may provide online access to third party software, e.g. Widgets or Gadgets, which are offered by third parties online. The Software can only provide access to such software if your PC is connected to the internet. If you agree to this EULA you agree that the Software may provide such access to third party software.

For clarification purposes: Xara is not the owner of such third party software and Xara waives any responsibility and/or liability for such third party software. In particular Xara does not warrant any availability of such third party software.

F. RESTRICTIONS

This license gives you the right to publish, distribute and display images created with this Software, incorporating photos, clipart and fills included with this Software, with the following limitations:

1. You may not incorporate into your own work, publish, display or distribute any images from the 'Example Xara Designer Drawings' folders in the designs gallery, or any other images which are identified by Xara as being provided with permission of the copyright holders for the sole purpose of demonstrating the possibilities of the software.

2.The templates, graphics, textures, photos and fonts supplied with the Software cannot be redistributed, sold or published as an image collection or part of an image collection, specifically but not exclusively they cannot be included in template, clip-art, font, texture or photo collections whether on websites or distributed on electronic media such as CDs or disks, nor can they be included as part of another product, in any form whether commercial or otherwise. Notwithstanding the foregoing you may include the template, graphic, photo or font as part of your project which may be used for your own or your customer's purposes, subject to Clause 3 below.

3. The photos embedded in the Software's templates can only be used as part of a project created with the Software using those templates, they cannot be extracted and used stand alone or for any other purpose. If you wish to use them in projects separately from the templates it may be possible to license them for that purpose, contact Xara for details of the licensor. The photos embedded in the Software's templates can be used and distributed within the templates for personal purposes, but any commercial redistribution may require the purchase of an extended license for the photos from Xara's Licensors. Contact Xara Group Ltd for details.

4. Any copyright notices which are included in the HTML, Javascript or other code exported by the Software must not be removed or modified.

5. Some fonts and clip-art is provided by third parties who retain the copyright. In all cases copyright is reserved by Xara or its licensors and is protected by international copyright law.

6. You may not use the images created with this Software for any purpose which is prohibited by law.

G. WARRANTIES AND REMEDIES

1. Xara warrants that the storage media on which the Software may have been supplied will be free from defects in materials and workmanship under normal use for a period of 90 days after the date of original purchase. If a defect in any CD occurs during such period you may return it with proof of purchase to your supplier who will replace it free of charge.

2. Xara warrants that the Software will perform substantially in accordance with its accompanying documentation (provided that the Software is properly used on the computer and with the operating system for which it was designed) and that the documentation correctly describes the operation of the Software in all material respects. If Xara is notified of any significant error in the Software during the period of 90 days after the date of original purchase it will correct any such error within a reasonable time (by replacement if it chooses) or, at its option, refund the price of the Software (against return of the Software and its documentation).

3. The warranties set out in paragraphs 1 and 2 above are your sole warranties and are in place of all warranties conditions or other terms expressed or implied by statute or otherwise, all of which are hereby excluded to the fullest extent permitted by law. Paragraphs 1 and 2 also set out your sole remedies for any breach of Xara's warranties

4. In particular Xara does not warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free or that all errors in the Software can be corrected. You load and use the Software at your own risk and in no event will Xara be liable to you for any loss or damage of any kind (except personal injury or death resulting from Xara's negligence) including lost profits or any indirect or consequential loss arising from the use of or inability to use the Software or from errors or deficiencies in it whether caused by negligence or otherwise, except as expressly provided in this Agreement.

H. CONSUMERS

Nothing in this Agreement shall affect your statutory rights as a consumer.

I. LAW

This Agreement shall be governed by English law.

J. LICENSE CONDITIONS OF OTHER MANUFACTURERS

If the licensed product contains additional software, or should additional software be integrated – for example JQuery (or similar) Widgets or Gadgets - then compliance with the use and license conditions of the manufacturer of said delivered additional software is also compulsory. Any such license conditions will be presented when the additional software is configured or on the Widget provider's website if the widget is configured via such a website.

K. THIRD PARTY SOFTWARE

The following third party products are distributed with the Software by Xara under license. They can only be used as an integral component of the Software and subject to all the terms of this EULA.

1. The PDFNet SDK is © PDFTron Systems.

2. AV Bros. plugins © Av Bros., Mehdi plugins © Guessous Mehdi and Redfield Plugins © John Redfield.

3. ICC color profiles © Adobe Systems Incorporated. The ICC profiles can be distributed embedded within digital image files only. They are provided on an 'as is' basis and Adobe is under no obligation to provide any support, upgrades or future versions.

In all cases copyright is reserved by Xara or its licensors and is protected by international copyright law.

If you have any questions concerning this Agreement please write to Xara Group Limited, Gaddesden Place, Hemel Hempstead, Herts, HP2 6EX, United Kingdom.