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SOFTWARE DEVELOPER’s KIT LICENSE AGREEMENT
PLEASE READ CAREFULLY BEFORE DOWNLOADING THE
COREL Software Developer’s Kit.
BY CHOOSING THE "ACCEPT" BUTTON YOU AGREE:
- TO BE BOUND BY ALL OF THE TERMS AND
CONDITIONS SET OUT BELOW;
- TO BE RESPONSIBLE FOR ANY AND ALL INTERNET
SERVICE PROVIDER FEES, TELECOMMUNICATION AND OTHER CHARGES THAT
MAY APPLY AS A RESULT OF YOUR DOWNLOAD AND/OR INSTALLATION OF
THE SOFTWARE.
IF YOU DO NOT AGREE WITH THE TERMS AND
CONDITIONS BELOW, CHOOSE THE "REJECT" BUTTON AND YOUR APPLICATION
WILL NOT BE PROCESSED.
IF YOU ARE ACCEPTING ON BEHALF OF A COMPANY,
YOU REPRESENT AND WARRANT TO COREL THAT YOU HAVE FULL AUTHORITY
TO BIND SUCH COMPANY.
Corel is pleased to provide you with this Software
Developer’s Kit. It is Corel’s intention in designing
the Software Developer’s Kit to make it compatible
with other versions of the Software Developer’s Kit.
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 Software Developer’s Kit for
your particular purpose. The Software Develop’s Kit
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 Software Developer’s Kit or the use thereof.
Any research, development, or evaluations you perform is done
entirely at your own risk.
ATTENTION: THIS IS
A LICENSE, NOT A SALE. THIS PROGRAM IS PROVIDED UNDER THE FOLLOWING
LICENSE WHICH DEFINES WHAT YOU MAY DO WITH THE PROGRAM AND CONTAINS
LIMITATIONS ON WARRANTIES AND/OR REMEDIES. THIS LICENSE IS GRANTED
BY COREL CORPORATION LIMITED FOR PRODUCTS PURCHASED OUTSIDE OF
CANADA AND BY COREL CORPORATION FOR PRODUCTS PURCHASED IN CANADA.
A. LICENCE: Corel
grants you a non-exclusive worldwide license to use one copy of
the Software Developer’s Kit software and documentation
("SDK") under the following conditions:
B. YOU MAY:
- use the SDK solely for the purpose of developing, manufacturing,
marketing and supporting one or more applications software package(s)
("Software Application Product");
- reproduce and sublicense the software program files included
in the SDK’s ’Redistributables’ folder ("SDK
files"), provided the files are in executable format and
incorporated into a Software Application Product developed by
you. Any sublicense of the SDK files shall be granted solely
for the use of these SDK files in connection with and as a sublicensed
part of a Software Application Product for any support, service,
upgrades or other assistance.
C. YOU MAY NOT:
- copy the SDK (other than the Modules), except for a single
archival copy. You may not decompile, dissassemble, reverse
engineer or create a derivative work of the SDK except as stated
in this Agreement;
- loan, rent or transfer the SDK, or assign any of your rights
or delegate any of your obligations under this Agreement, without
the prior written consent of Corel;
- remove or alter any copyright notice, trademark, or other
proprietary rights notice placed by Corel on the SDK or any
portion thereof.
D. PROTECTION OF PROPRIETARY RIGHTS: 1. You acknowledge
that under this Agreement you obtain only the right to use the
SDK and to sublicense the SDK files, and that no right, title,
or interest in or to any copyrights, trademarks, or other proprietary
rights relating to such products is transferred or licensed from
Corel to you.
E. INDEMNIFICATION:
You will indemnify and hold Corel harmless from any and all liabilities,
claims, or demands (including reasonable attorney’s fees)
that arise or result from the use, reproduction or distribution
of your Software Application Product, documentation, or promotional
or sales materials.
F. LIMITATIONS OF WARRANTIES AND LIABILITY:
THIS SDK IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY
OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY
QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF
DEALING. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF
THE SDK IS ASSUMED BY YOU. NEITHER WE NOR OUR DEALERS OR SUPPLIERS
SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY
FOR 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS
BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT
OF OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID
BY YOU FOR THE SDK. 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. SOME STATES/COUNTRIES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO
YOU.
G. COREL TRADEMARKS AND
TRADENAMES: You may not refer to Corel or include any Corel
trademarks in or on any material except for the sole purpose of
stating that a Software Application Product may be utilized in
connection with the specific Corel software product. In the event
you refer to Corel or include the trademarks in or on any program
materials or any packaging, marketing, or advertising materials,
the trade name or trademarks must be accompanied with the following
footnote disclaimer printed in a clearly legible manner on the
same page in no smaller than ten-point type:
"This product is not manufactured, approved,
or supported by Corel Corporation or Corel Corporation Limited."
H. TERM: The term
of License is perpetual, subject to automatic termination for
your failure to comply with the terms of this Agreement.
I. MISCELLANEOUS:
No modification of this Agreement shall be effective unless in
writing and signed by you and Corel. This Agreement constitutes
our entire agreement concerning the subject manner hereof. If
any provisions of this Agreement is found to be unlawful, void
or unenforceable, then that provision shall be severed from this
agreement and shall not affect the validity and enforceability
of any of the remaining provisions.
J. U.S. Government Rights:
With respect to any acquisition of the Software or Software product
by or for any unit or agency of the United States Government (the
"Government"), the Software or Software product shall
be classified as "commercial computer software", as
that term is defined in the applicable provisions of the Federal
Acquisition Regulation (the "FAR") and supplements thereto,
including the Department of Defense (DoD) FAR Supplement (the
"DFARS"). The Software or Software product was developed
entirely at private expense, and no part of the Software or Software
product was first produced in the performance of a Government
contract. If the Software or Software product is supplied for
use by DoD, the Software or Software product is delivered subject
to the terms of this Agreement and either (i) in accordance with
DFARS 227.7202-1(a) and 227.7202-3(a), or (ii) with restricted
rights in accordance with DFARS 252-227-7013 (c)(1)(ii)(OCT 1988),
as applicable. If the Software or Software product is supplied
for use by a Federal agency other than DoD, the Software or Software
product is restricted computer software delivered subject to the
terms of this Agreement and (i) FAR 12.212(a); (ii) FAR 52.227-19;
or (iii) FAR 52.227-14(ALT III), as applicable. The
contractor/manufacturer is Corel Corporation Limited, Europa House,
3rd Floor, Harcourt Street, Dublin 2, Ireland.
K. ELIGIBILITY:
To be eligible to purchase the Program you must be in compliance
with applicable export laws. By accepting the End User License
agreement you are representing and warranting to Corel you are
compliant with the following statements: (i) you are not a citizen,
national or resident of, and are not under the control of, the
government of : Cuba, Iran, Iraq, 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 Program, 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 Program, directly or indirectly, to persons
on the lists mentioned in clause (iii); and (v) you will not use
the Program for, and will not allow the Program 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 cannot represent and warrant that you
are in compliance with the above statements, you are not eligible
to purchase the Program.
L. GENERAL:
This License is the entire agreement between us, superseding any
other agreement or discussions, oral or written, and may not be
changed except by a signed agreement. This License shall be governed
by and construed in accordance with the laws of the Province of
Ontario, Canada for product purchased in Canada and by the laws
of the Republic of Ireland for product purchased outside of Canada.
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. The parties have requested
that this Agreement and all documents contemplated hereby be drawn
up in English. Les parties aux présentes ont exigé
que cette entente et tous autres documents envisagés par
les présentes soient rédigés en anglais.
I accept the terms of this agreement.
I do not accept the terms of this agreement.
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