End user agreement for Corel Snapfire Plus
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 AND THIS PRODUCT IS ON TANGIBLE STORAGE MEDIA (i.e. CD), CONTACT COREL CUSTOMER SERVICE AT www.corel.com TO OBTAIN A RETURN MATERIAL AUTHORIZATION NUMBER (RMA NUMBER) WITHIN THIRTY (30) DAYS FROM THE DATE YOU ACQUIRED THE PRODUCT FOR A FULL REFUND.
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 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 in this respect.
This License is granted by Corel Corporation ("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 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
IMPORTANT: 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 any and all 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.
1. GENERAL TERMS AND DEFINITIONS:
IMPORTANT: THIS LICENSE, IN ADDITION TO THE LEGITAMATE 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 "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;
1.1.2 "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;
1.1.3 "Permitted Number" means one (1) unless otherwise indicated under a valid license granted by Corel or one of its subsidiaries;
1.1.4 "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
.1.5 "Use" means to access, install, download, copy or otherwise benefit from using the functionality of the Product in accordance with the Documentation.
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.
1.3 YOU MAY:
(i) install and Use one (1) copy of the Product on a Computer up to the Permitted Number of Computers. Except in the case of Product being Used in China, you may also make and Use a second copy of the Product on a home or portable computer provided that copy is never loaded in the RAM (i.e. the memory) of the home or portable computer at the same time it is loaded in the RAM of the primary computer. If the Product is being Used in China, you may not make and Use a second copy of the Product on a home or portable computer;
(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 Edition, OEM Edition and Pre-release Version Products which are non-transferable (see Academic/Education/Student and Teacher Edition Addendum, OEM Edition Addendum and 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, you may 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 Co
rel 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", you may 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 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 PATCH, PLUG-IN, SERVICE PACK OR UPDATE:
If this Product is a patch, plug-in, service pack, update or other file you are downloading or that is contained on storage media (such as on CD-ROM), the Product is designed for Use with a Corel application software product (the "Original Application") and is subject to Corel's Limited Warranty, Disclaimer and Limitation of Liability (as set out in Sections 1.8, 1.9 and 1.10) and Eligibility provisions (as set out in Section 1.13), as applicable. You are granted a non-exclusive license to Use such Product only with the Original Application provided that you still possess a valid license from Corel for the Original Application. Except as provided in this Section, the Product is subject to the terms and conditions of the license from Corel accompanying the Original Application.
1.6 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 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 1.6, 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.
1.8 LIMITED WARRANTY:
Except as may be otherwise provided in this Agreement 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.
1.10 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 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. COREL IS ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. IN THE EVENT THAT THE ABOVE LIMITATION OF LIABILITY IS NOT VALID IN YOUR JURISDICTION, COREL'S MAXIMUM AGGREGATE LIABILITY AND THAT OF COREL'S DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. THE FOREGOING EXCLUSIONS AND LIMITATIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. COREL IS ACTING ON BEHALF OF ITS DEALERS AND SUPPLIERS FOR THE PURPOSE OF DISCLAIMING, EXCLUDING AND/OR LIMITING OBLIGATIONS, WARRANTIES AND LIABILITY AS PROVIDED IN THIS LICENSE, BUT IN NO OTHER RESPECTS.
1.11 U.S. GOVERNMENT RIGHTS:
The Product under this License consists of "Commercial Computer Software" and "Commercial Computer Software Documentation" as tho
se terms are described in 48 C.F.R. 252.227-7014(a)(1). If acquired by or on behalf of a civilian agency, the U.S. Government acquires this Commercial Computer Software and/or Commercial Computer Software Documentation subject to the terms of this License as specified in 48 C.F.R. 12.212 (Computer Software) and 12.211 (Technical Data) of the Federal Acquisition Regulations ("FAR") and its successors. If acquired by or on behalf of any agency within the Department of Defense ("DOD"), the U.S. Government acquires this Commercial Computer Software and/or Commercial Computer Software Documentation subject to the terms of this License as specified in 48 C.F.R. 227.7202 of the DOD FAR Supplement ("DFAR") and its successors.
1.12 EXPORT CONTROLS:
If the Product is identified as a not-for-export product (for example, on the box, media or in the installation process), then, unless you have exemption from the United States Department of Commerce or other regulatory authority as designated from time to time the following applies: Except for export to Canada for Use in Canada by Canadian residents, the Product may not be exported outside of the United States or to any foreign entity or "foreign person" as defined by the U.S. government regulations, including without limitation, anyone who is not a citizen, national or lawful permanent resident of the United States. By agreeing to the terms of this License you are warranting to Corel that you are not a "foreign person" or under the control of a "foreign person".
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 EXCEPTIONS FOR USERS LOCATED IN GERMANY OR AUSTRIA:
1.14.1 Limited Warranty for Users Located in Germany or Austria.
If you obtained the Product in Germany or Austria and such country is your usual domicile, then Sections 1.8, 7.3 and other warranty provisions contained in this License are, to the extent inconsistent with this Section, replaced or amended by the statutory provisions on the substance and remedy of defects of goods, provided that: Corel may remedy substantial defects of the Product at its reasonable discretion by (i) providing a patch, update or replacement product or