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Confidential Information shall not include information that You can conclusively establish: a is or has become publicly available without breach of this BULA; b was rightfully known to You prior to Your receipt from Us; c is or was rightfully received from a third party who did not acquire or disclose such information by a wrongful or tortious act; or d was developed by You without reference or reliance to any of Our Confidential Information.
If You become legally compelled to disclose any Confidential Information, You shall provide, where permitted by law, prompt written notice of such requirement so that We may seek, at Our cost and expense, a protective order or other remedy; and reasonable assistance in opposing such disclosure or seeking a protective order or other limitations on disclosure.
If, after providing such notice and assistance as required herein, You remain legally required to disclose any Confidential Information, You shall disclose no more than that portion of Confidential Information that, on the advice of Your legal counsel, You are legally required to disclose.
We, Our affiliates and Our subsidiaries may use Your name and logo if any on client lists in various forms e. We will make good faith efforts to correct any errors of usage that You bring to Our attention in a commercially reasonable timeframe. We, Our affiliates and Our subsidiaries may use Your name, logo if any , website link, quote, testimonials, and any other information that You may provide to develop press releases and other marketing and sales collateral in any form e.
We, Our affiliates and Our subsidiaries may publish and freely distribute all such information, quote s , testimonials or input, provided, however that We will never broadly publish any personally identifiable information other than Your name without Your prior written consent. We are not obligated to publish or otherwise use any information or logo that You may provide.
You also consent to the processing of personal information by Us and Our agents to facilitate the subject matter of this BULA and any orders for the purchase of Software licenses We receive from You. You will obtain all required consents from third parties including Your affiliates, Users, contacts, administrators, and employees under applicable privacy and data protection law before providing personal information to Us.
Any provisions herein that by their nature should reasonably survive shall survive the expiry or termination of any Software licenses.
Further, by submitting Feedback, You represent and warrant that i Your Feedback does not contain the confidential or proprietary information that belongs to any third parties; ii We are not under any obligation of confidentiality, express or implied, with respect to the Feedback; iii We may have something similar to the Feedback already under consideration or in development; and iv You are not entitled to any compensation or reimbursement of any kind from Us for the Feedback under any circumstances.
Except for any separate agreement which We enter with You for Support Services, this BULA is the entire agreement between You and Us and supersedes any other communications or advertisements with respect to the Software and Documentation. The Software, or any feature or part thereof, may not be available in all languages or in all countries.
The English language version of this BULA and not its translation s will govern in the event of a conflict between the English language version and a translation. No failure of either party to exercise or enforce any of its rights under this BULA will act as a waiver of those rights.
We may assign this BULA in whole or in part. In the event of a merger, acquisition, sale or corporate transaction involving Us or Our affiliates or subsidiaries, Your continued use of the Software signifies Your agreement to be bound by the agreements and policies of the subsequent owner, if any. You may not assign any Subscription License, or any Perpetual License except as set out under this Section at any time. Subject to the restrictions in this Section, You may assign only fully-paid Perpetual Licenses for which You have acquired additional paid Support Services beyond the free support set forth in this BULA, and such assignment is made in connection with the transfer of hardware or employees to whom licensed copies of the Software have been assigned as part of a Your sale, merger, reorganization or privatization; or b a consolidation involving You.
Upon such transfer, You must immediately uninstall the Software from all devices under Your control or possession and discontinue using the transferred licensed copies.
You must notify Us of a transfer of a Perpetual License prior to such transfer by completing and sending Us a license transfer form, which can be obtained directly from Us.
No transfer of any license will be valid unless the transferee agrees in writing to be bound by the terms of this BULA with respect to the Software for which the licenses are being transferred. You must provide Us proof of the transferee's written agreement for Our records along with the transfer notice form prior to any transfer. As a lawful subsequent buyer of a Perpetual License, Your rights to use the Software are at all times defined and restricted by the terms and conditions of this BULA.
You understand that Software may be incorporated into, and may incorporate itself into, software and other technology owned and controlled by third parties. This BULA remains effective with such incorporation. All third-party software or technology that may be distributed together with the Software as bundled third-party software may be subject to You explicitly accepting a license agreement with that third party. Unless We have authorized You to do so, You may not use Our Software for competitive analysis or commercial, professional, or other for-profit purposes.
You understand that at the end of the evaluation period, You must either stop using the Software or pay for a license to continue using it. If You fail to pay, then upon expiration of the evaluation period, You will no longer be authorized to use the Software and You must immediately discontinue use of the Software and delete and destroy all electronic copies of the Software including but not limited to all user Documentation that may have been provided as part of the evaluation, from Your computer and any other computer devices on which You have installed the Software.
Any attempt to circumvent any expiration date technology is in violation of this BULA and will automatically and immediately terminate Your license to use the Software. We shall not be liable for any failure to perform Our obligations if such failure is a result of an event outside Our reasonable control. In such case We will use reasonable efforts to mitigate the effect of any such event. If such event continues for more than one 1 calendar month, either party may terminate this BULA with respect to services not yet performed or products not yet provided upon written notice.
Upon such termination, You must immediately pay Us any outstanding amounts owed. Our affiliates and licensors shall be a direct and intended third party beneficiary of this BULA. In such case, We may conduct verification as frequently as quarterly for the subsequent annual period.
Our audit and verification process will require You to provide, within thirty 30 days of Our request, a raw data of all Software installed or deployed by or at Your direction; b all valid purchase documentation for all licensed copies of the Software; and c any other information as We may reasonably request.
Any verification may include an onsite audit conducted at Your relevant places of business upon thirty 30 days' prior notice, during regular business hours, which will not unduly interfere with Your business activities. Any information collected in the audit will be used solely for the purposes of determining compliance. If the audit and verification shows that You are deploying, installing, or using the Software: a beyond the quantity that was licensed; or b in any way not permitted under this BULA, so that additional fees apply, You must pay the additional license fees, any applicable maintenance fees, interest on past due amounts at 1.
By exercising the rights and procedures described in this section, We do not waive Our rights to enforce this BULA or to protect Our intellectual property by any other means permitted by law.
Our audit and collection of any data and information with respect to Your use, installation, and deployment of Software throughout Your organization shall be subject to the privacy terms specified in Our Privacy Policy. The audit rights set out under this section shall survive for two 2 years past the expiry or termination of the applicable license. Our fees for licensing the Software directly from Us in accordance with this BULA and for purchasing any Support Services are available on Our Website and are subject to change at any time or maybe communicated to You by Us or our channel partner " Fees ".
Unless You have purchased a license or Support Services through one of Our channel partners, We or Our payments collection agent will charge the Fees to Your payment method and send You a receipt to Your email address. All amounts payable under this BULA are non-refundable and without set-off or counterclaim. All Fees are exclusive of any taxes, levies, or duties.
To the extent necessary, You shall first coordinate with Us such that a reduced rate under the applicable income tax treaty may be achieved in advance of any payment made to Us.
Where so required, You shall also promptly deliver to Us receipts issued by the appropriate government authority and cooperate with Us as other details may be required in connection with Us obtaining a credit in Our home country for such withholding taxes. Notwithstanding the foregoing, sales tax, goods and services tax GST or value-added tax VAT may be charged in accordance with applicable laws and regulations.
In addition to any other termination provisions set forth herein, You will lose all rights to the Software under this BULA if You: a have a Subscription License and have failed to renew Your Subscription License s on Expiry; or b assign the fully paid Perpetual Licenses in accordance with the above Assignment and Transfer provision " Transfer " and have no other Subscription License s or Perpetual Licenses.
Upon such Transition, You must de-install and destroy all copies of the Software You obtained under Your Perpetual Licenses and certify in writing to Us that You have done so.
We also reserve the right to terminate Your license s to the Software with immediate effect upon written notice to You " Termination " if You breach this BULA and such breach: a is a material breach; b is incapable of being remedied; or c is capable of being remedied but remains unremedied for thirty 30 days after Your receipt of written notice of breach from Us. Upon Expiry, Transfer or Termination, You must promptly: a uninstall, discontinue using and destroy all copies of the Software in Your possession or under Your control; b return or destroy all documents, license keys and other materials received from Us comprising, bearing, or containing any Confidential Information; and c certify to us in writing that You have performed Your obligations under a and b above.
Except as otherwise stated herein, provisions of this BULA which by their nature should reasonably survive will survive Expiry, Transfer or Termination. This BULA shall not create any agency, partnership, joint venture, franchise, or any other form of legal association.
Neither party shall have any right, power or authority to assume, create or incur any expenses, liability or obligation, express or implied, on behalf of the other. Our remedies under this BULA are cumulative.
Subject to Your acceptance of and compliance with the terms of this BULA and payment of the applicable fees for each License according to the License Metrics as specified in the License Certificate, We hereby grant You a limited, non-exclusive, non-sublicensable, non-transferable except as set forth under the General Terms , revocable right to use the Software on Supported Environments as described in the Documentation for the term of Your Perpetual License or Subscription License in accordance with the General and Specific Terms of this BULA.
Under the foregoing grant, You receive a usage right license to the Software, but you do not own the Software itself. The Software may include digital images, stock photographs, clip art, fonts, sounds or other works protected by copyright " Stock Files ". The responsibilities and restrictions relating to the Software apply equally to the Stock Files.
Subject to the conditions set out under this section You may install the Software on a Virtualization Environment to run, use or access the Software and to allow Users to remotely access and use the Software by means of Your organization's Managed Devices. Use of the Software by Users via such Virtualization Environment is permitted only up to the maximum number of Licenses which You have purchased. You must acquire and dedicate one 1 Subscription License for each Managed Device that is using, running, or accessing the Software through a Virtualization Environment, and one 1 Subscription License for each Managed Device on which the Software is installed.
If You have only acquired Perpetual Licenses from Us but wish to use, run or access the Software from a Virtualization Environment, You must first purchase from Us the CorelSure as defined below maintenance services, as further set out below, for all Your Perpetual Licenses. Upon such purchase, You must also dedicate one 1 Perpetual License for each Managed Device that is using, running, or accessing the Software through a Virtualization Environment, and one 1 Perpetual License for each Managed Device which the Software is installed on.
Installation on a Virtualization Environment is not permitted in any of the Restricted Jurisdictions as defined below. Any use of the Software from a Virtualization Environment for which the Software was not designed is entirely at Your own risk and We and Our licensors shall in no way be responsible or liable for any such use or any damage arising therefrom. It is Your responsibility to review the Documentation and any other communications from Us and verify the Software's suitability for the Virtualization Environment that You are using.
A User must use their User Credentials which You have assigned to them to access, run and use the Software and Documentation through a Virtualization Environment. You are responsible at all times for creating, maintaining and protecting the User Credentials and any devices Users use through a Virtualization Environment from all unauthorized use.
You shall also be solely responsible for creating backup files of all data accessed by or used through a Virtualization Environment and You further agree that We are not liable for any damages relating to lost, corrupted, or damaged data.
Should You or any of Your Users access, run or use Software on two or more Managed Devices simultaneously, the Software may disable the access from all Managed Devices. You shall not allow any User Credential to be used by or assigned to more than one individual User.
We can suspend Your and Your Users' access to the Software and Documentation if, in Our sole discretion, We believe that a there is risk to the security or privacy of any account or to the security or privacy of another customer's account ; b there is a threat to the security or integrity of Our network or the Software; or c such a suspension is needed to protect the rights, property, or safety of Us, Our users, or the public, or is required by law.
A " Qualified Institute " means a public or private accredited organization located at a single address whose primary purpose is to provide educational instruction, including services which are rendered in conjunction with such purpose and which is designated by Us as a Qualified Institute. The institution must be a preschool, primary school, secondary school, vocational school, correspondence school, junior college, college, higher education college, polytechnic, university or scientific or technical institute accredited by associations recognized by their relevant ministry or department of education.
Qualified Institute includes institutions which are either supervisory or organizations of any entity meeting the qualifications set out above, such as, departments of education, boards of education, local education authorities, ministries of education, and school district administrative officials, or hospitals which are wholly owned or affiliated to an educational institution.
Contact Us via Our Academic Software web page www. If a question arises as to whether You are a Qualified Institute, Our determination shall prevail.
By " Site License " We mean a Subscription License that entitles You to allow an unspecified number of Academic Users to access and use the Software through Your Virtualization Environment, on and from multiple devices at different instances of time and from any location. Under a Site License You may also allow each Academic User to install a copy of the Academic Version on no more than one device provided that such installation does not occur in any of the Restricted Jurisdictions.
Should You or any of Your Academic Users access, run or use Software on two or more devices simultaneously, the Software may disable the access from all devices. For the purposes of the foregoing provisions an " Academic User " means a User who is a student who is enrolled with the Qualified Institute or a staff member, faculty member, instructor, teacher, director, who is under employment, supervision or direction of the Qualified Institute.
Academic Versions of the Software may not be used for commercial or other for-profit purposes. You are not entitled to use an Academic Version of the Software unless Your Users are faculty, staff member or degree, diploma, or certificate-seeking students and You are qualified educational institutions.
An Academic Version may include work products and other data which may contain certain notices and limitations that make the data unusable outside the educational use area " Work Product ". If You or any Users combine or link data which You or any of Your Users create with Academic Versions of the Software with any Work Product, then that data may also be affected by these notices and limitations.
Fees for a Site License may vary according to jurisdiction and may be chargeable on the basis of different bands of numbers of Academic Users or number of full-time employees of a Qualified Institute.
If You are located in a state outside the EEA and You want to purchase a license to use the Software, You must lawfully acquire the Software from Our authorized resellers or from Our authorized store, eStore, or website located in the country where You want to use the Software.
Otherwise, You do not have the right to use the Software. If You purchase a Perpetual License, then, You will have the option to purchase and receive maintenance and support services from Us or from Our authorized channel partners, for a fixed term " Maintenance Services ". If You purchase one or more Subscription Licenses for the Software, then: a such purchase will automatically include Maintenance Services which You will receive from Us in accordance with the CorelSure Terms, and, b You do not need to separately purchase such services for so long as the Subscription License is valid.
If You prepaid a fee for a Subscription License or Maintenance Services for Software that We sunset before the expiration of Your then-current Subscription License or term of Maintenance Services, We will use commercially reasonable efforts to transition You to substantially similar Software. For a Perpetual License, notwithstanding anything to the contrary in the General Terms of this BULA, We will be under no obligation to provide any support services after the date of sunsetting the Software.
Our Software may contain or provide access to clipart, photo images, video content, audio clips collectively referred to as the " Images or Clips " , software data files that render typeface designs when used in conjunction with appropriate hardware and software for example only, without limitation,.
All rights reserved. No license is granted or shall be implied for any other use. You agree that the software may be licensed under the MP3 license. Supply of the Software does not convey a license or imply any right to distribute MP3-encoded or MP3PRO-encoded data in revenue-generating broadcast systems, streaming applications, other content distribution systems, or on physical media. An independent license for such use is required.
If You have purchased the Software as a retail standalone product, Corel has paid the royalties for the above licenses. This Software MAY contain certain third-party materials and technology and the use of the Software is therefore subject to the following additional notices, limitations, requirements, restrictions, disclaimers and liability limitations:.
An independent license for such use may be required. Content providers may be using the Microsoft digital rights management technology for Windows Media distributed with the Software " WM-DRM " to protect the integrity of their content " Secure Content " so that their intellectual property, including copyright, in such content is not misappropriated. Microsoft may, in conjunction with such license, also download revocation lists onto Your computer on behalf of Secure Content Owners.
If You decline the upgrade, You will not be able to access content that requires the WM-DRM Upgrade; however, You will still be able to access unprotected content and Secure Content that does not require the upgrade.
When these features are switched off, You will still be able to play Secure Content if You have a valid license for such content already stored on Your computer. You may, subject to the restrictions set out below, incorporate any clipart and photo images licensed from third parties the " Images " into Your own original work and publish, display and distribute Your work in any media.
You may not, however, resell, sublicense or otherwise make available the Images for use or distribution separately or detached from a product or web page. For example, the Images may be used as part of a web page design, but may not be made available for downloading separately or in a format designed or intended for permanent storage or reuse by others. Similarly, clients may be provided with copies of the Images including digital files as an integral part of a work product, but may not be provided with the Images or permitted to use the Images separately or as part of any other product.
You may also, subject to the restrictions set out below make one 1 copy of the Images for backup or archival purposes. You may not create obscene, defamatory or otherwise illegal works using the Images nor use the Images for any other purpose which is prohibited by law.
You may not use or permit the use of the Images or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Images or in any part thereof.
You may not use the Images in electronic format, online or in multimedia applications unless the Images are incorporated for viewing purposes only and no permission is given to download or save the Images for any reason.
You may not rent, lease, sublicense or lend the Images, or a copy thereof, to another person or legal entity. You may, however, transfer all Your license to use the Images to another person or legal entity, provided that i You transfer the Images and this license, including all copies except copies incorporated into Your work product as permitted under this Agreement , to such person or entity, ii that You retain no copies, including copies stored on a computer or other storage device, and iii the receiving party agrees to be bound by the terms and conditions of this Agreement.
You may not use any Images except as expressly permitted by this license. If so, a copy of this license can be found in Your product install folder. You will be charged a fee for the cost of distribution of the code to You.
The Software may contain software from Gracenote, Inc. The software from Gracenote the " Gracenote Client " enables the Software to do online disc identification and obtain music-related information, including name, artist, track, and title information " Gracenote Data " from online servers " Gracenote Servers " and to perform other functions.
You agree not to assign, copy, transfer or transmit the Gracenote Client or any Gracenote Data to any third party. You agree that Your non-exclusive license to use the Gracenote Data, the Gracenote Client, and Gracenote Servers will terminate if You violate these restrictions.
Gracenote reserves all rights in Gracenote Data, the Gracenote Client, and the Gracenote Servers, including all ownership rights. You agree that Gracenote, Inc. The Gracenote Service uses a unique identifier to track queries for statistical purposes. The purpose of a randomly assigned numeric identifier is to allow the Gracenote service to count queries without knowing anything about who You are.
By using the Software, You agree that the Gracenote software may submit a waveform signature to Gracenote. A waveform signature is a distillation of the sound-wave information in the music itself and helps the Gracenote service to identify artist and title information for digital music files.
A waveform signature does not contain any information about You or Your computer, and computing the waveform signature should have no noticeable effect on the performance of Your computer.
Gracenote reserves the right to delete Data from the Gracenote Servers or to change Data categories for any cause that Gracenote deems sufficient. No warranty is made that the Gracenote Client or Gracenote Servers are error-free or that functioning of Gracenote Client or Gracenote Servers will be uninterrupted.
Gracenote is not obligated to provide You with any new enhanced or additional Data types or categories that Gracenote may choose to provide in the future and is free to discontinue its online service at any time. Unless otherwise stated or the context otherwise requires, the following terms shall have the meanings ascribed to them below for the purposes of this Section B only. Any undefined capitalized terms which appear herein shall have the meanings ascribed to them in the General Terms. You may use and copy, for reference purposes only, the Documentation accompanying the Software in connection with permitted uses of the Software.
Subject to Your payment of the applicable fees, We hereby grant you a limited, non-exclusive, non-sublicensable, non-transferable except as set forth below and under the General Terms , revocable license to use the Software as described in the Documentation in a Supported Environment for the License Term in accordance with the General and Specific Terms of this BULA. Software Installations. Unless an Alternative Licensing Model exists, and subject to the conditions specified herein and as set out in the License Certificate, each license grants You during the License Term, the rights to:.
Except as set out in the following provision, You shall ensure that no User may use a Software Installation on two or more computers simultaneously at any given time. Should any of Your Users use their User Credentials to access a Software Installation on two or more computers simultaneously, the Software may automatically log the User s out of all Software Installations.
SaaS Offering. To be able to exercise a license of a SaaS Offering as set out herein You must have:. You shall be solely responsible for creating backup files of all data accessed by or used through the SaaS Offering and You further agree that We are not liable for any damages relating to lost, corrupted, or damaged data. Your use of the SaaS Offering shall be subject to the following restrictions and limitations in addition to and not in lieu of the additional restrictions and limitations set out under this BULA as applicable.
You agree not to and shall ensure that Your Users do not:. Named User License. You shall not, and shall ensure that Your Users shall not, allow or suffer any User Credential in respect of a Software Installation or SaaS Offering, to be used by or assigned to more than one individual User. Further, by submitting Feedback, You represent and warrant that i Your Feedback does not contain the confidential or proprietary information that belongs to any third parties; ii We are not under any obligation of confidentiality, express or implied, with respect to the Feedback; iii We may have something similar to the Feedback already under consideration or in development; and iv You are not entitled to any compensation or reimbursement of any kind from Us for the Feedback under any circumstances.
This EULA is the entire agreement between You and Us and supersedes any other communications or advertisements with respect to the Software and Documentation. The Software, or any feature or part thereof, may not be available in all languages or in all countries. The English language version of this EULA and not its translation s will govern in the event of a conflict between the English language version and a translation.
If any term or provision of the EULA is invalid, illegal or unenforceable in any jurisdiction: i the validity, legality and enforceability of the remaining provisions shall remain in full force and effect; ii such invalidity, illegality or unenforceability shall not extend to any other jurisdiction; and iii such invalidity, illegality or unenforceability shall not affect any other term or provision of the EULA or invalidate or render unenforceable such term or provision in any other jurisdiction.
No failure of either party to exercise or enforce any of its rights under this EULA will act as a waiver of those rights. You understand that Software may be incorporated into, and may incorporate itself into, software and other technology owned and controlled by third parties. This EULA remains effective with such incorporation. All third-party software or technology that may be distributed together with the Software as bundled third-party software may be subject to You explicitly accepting a license agreement with that third party.
Unless We have authorized You to do so, You may not use Our Software for competitive analysis or commercial, professional, or other for-profit purposes. You understand that at the end of the evaluation period, You must either stop using the Software or pay for a license to continue using it. If You fail to pay, then upon expiration of the evaluation period, You will be no longer authorized to use the Software and You must immediately discontinue use of the Software and delete and destroy all electronic copies of the Software including but not limited to all user Documentation that may have been provided as part of the evaluation from Your computer and any other computer devices on which You have installed the Software.
Any attempt to circumvent any expiration date technology is in violation of this EULA and will automatically and immediately terminate Your license to use the Software.
Upon such Transition, You must de-install and destroy all copies of the Software You obtained under Your Perpetual Licenses and certify to Us in writing that You have done so. Our affiliates and licensors shall be a direct and intended third party beneficiary of this EULA. In such case We will use reasonable efforts to mitigate the effect of any such event. If such event continues for more than one 1 calendar month, either party may terminate this EULA with respect to services not yet performed or products not yet provided upon written notice.
Upon such termination, You must immediately pay Us any outstanding amounts owed. Subject to Your acceptance of and compliance with the terms of this EULA and payment of the applicable fees for each license according to the License Metrics specified below, We hereby grant You a limited, non-exclusive, non-sublicensable, non-transferable except as set forth under the General Terms , revocable right to use the Software on Supported Environments as described in the Documentation for the term of Your Perpetual License or Subscription License in accordance with the General and Specific Terms of this EULA solely for Your private, personal, individual work-related and non-commercial purposes.
Under the foregoing grant, You receive a usage right license to the Software, but You do not own the Software itself. The Software may include digital images, stock photographs, clip art, fonts, sounds or other works protected by copyright " Stock Files ".
The responsibilities and restrictions relating to the Software apply equally to the Stock Files. You may not re-install the Software on a third Device unless: a an original Device fails and b the Software is completely deleted from an original Device. If authorization codes are required, You may need to contact Our customer service and request approval to re-install the Software on a new Device, and prove to Us that You deinstalled the Software from the failed original Device.
Notwithstanding Your right to download and install the Software on two Devices, You may only use the Software on one Device at a time. You may not re-install the Software on a second Device unless: a the original Device fails, and b the Software is completely deleted from the original Device. Academic Versions of the Software may not be used for commercial, professional, or other for-profit purposes. You are not entitled to use an Academic Version of the Software unless You are faculty, staff member or degree, diploma, or certificate-seeking student at qualified educational institutions.
Contact Us via Our Academic Software web page www. Work product and other data created with Academic Versions of the Software may contain certain notices and limitations that make the data unusable outside the educational use area. If You combine or link data created with educational institutional versions, student versions or personal learning editions of the Software with data otherwise created, then that data may also be affected by these notices and limitations.
You may not bundle, integrate or combine the Software or any Software executable E. ISO or. DMG or similar executable now known or later developed with any third-party software add-on or offer except pursuant to a separate express, written, fully executed agreement with Us. This EULA does not allow installation of the Software on any hardware partition, blade, or terminal server or within any internal network or virtual private network for establishing, maintaining and managing connections with and between Your device, or any remote or cloud server collectively " Virtualization Environment ".
You may not allow the Software to be accessed, operated, or viewed from, or installed or uploaded to, other computers through a network connection. A separate license agreement must be entered into with Us to obtain the right to use the Software for a Virtualization Environment, network connections, or volume purchases.
You agree that if the Software requires mandatory registration, activation, or email validation, You will complete the process providing Us with accurate information. If You are an Entity that is acquiring, or allowing the acquiring of, such Licenses for use of the Software on or through Your Assets, then the foregoing limitation of number of Licenses would apply throughout Your organization.
The foregoing limitation of the number of Licenses You may acquire for Software does not apply to Software for which We do not have a business edition. If You are located in a state outside the EEA and You want to purchase a license to use the Software, You must lawfully acquire the Software from Our authorized resellers or from Our authorized store, eStore, or website located in the country where You want to use the Software.
Otherwise, You do not have the right to use the Software. You acknowledge this product may incorporate intellectual property owned by Microsoft Corporation. The terms and conditions upon which Microsoft licenses its intellectual property can be obtained by contacting Microsoft Corporation. Our Software may contain or provide access to clipart, photo images, video content, audio clips collectively referred to as the " Images or Clips " , software data files that render typeface designs when used in conjunction with appropriate hardware and software for example only, without limitation,.
All rights reserved. No license is granted or shall be implied for any other use. You agree that the Software may be licensed under the MP3 license. Supply of the Software does not convey a license or imply any right to distribute MP3-encoded or MP3PRO-encoded data in revenue-generating broadcast systems, streaming applications, other content distribution systems, or on physical media.
An independent license for such use is required. If You have purchased the Software as a retail standalone product, We have paid the royalties for the above licenses. This Software MAY contain certain third-party materials and technology and the use of the Software is therefore subject to the following additional notices, limitations, requirements, restrictions, disclaimers and liability limitations, as applicable:.
An independent license for such use may be required. Content providers may be using the Microsoft digital rights management technology for Windows Media distributed with the Software " WM-DRM " to protect the integrity of their content " Secure Content " so that their intellectual property, including copyright, in such content is not misappropriated. Microsoft may, in conjunction with such license, also download revocation lists onto Your computer on behalf of Secure Content Owners.
If You decline the upgrade, You will not be able to access content that requires the WM-DRM Upgrade; however, You will still be able to access unprotected content and Secure Content that does not require the upgrade.
When these features are switched off, You will still be able to play Secure Content if You have a valid license for such content already stored on Your computer. You may, subject to the restrictions set out below, incorporate any clipart and photo images licensed from third parties the " Images " into Your own original work and publish, display and distribute Your work in any media.
You may not, however, resell, sublicense or otherwise make available the Images for use or distribution separately or detached from a product or web page.
For example, the Images may be used as part of a web page design but may not be made available for downloading separately or in a format designed or intended for permanent storage or reuse by others.
Similarly, clients may be provided with copies of the Images including digital files as an integral part of a work product but may not be provided with the Images or permitted to use the Images separately or as part of any other product. You may also, subject to the restrictions set out below, make one 1 copy of the Images for backup or archival purposes.
You may not create obscene, defamatory or otherwise illegal works using the Images nor use the Images for any other purpose which is prohibited by law. You may not use or permit the use of the Images or any part thereof as a trademark or service mark or claim any proprietary rights of any sort in the Images or in any part thereof. You may not use the Images in electronic format, online or in multimedia applications unless the Images are incorporated for viewing purposes only and no permission is given to download or save the Images for any reason.
You may not rent, lease, sublicense or lend the Images, or a copy thereof, to another person or legal entity. You may, however, transfer all Your license to use the Images to another person or legal entity, provided that i You transfer the Images and this license, including all copies except copies incorporated into Your work product as permitted under this Agreement , to such person or entity, ii that You retain no copies, including copies stored on a computer or other storage device, and iii the receiving party agrees to be bound by the terms and conditions of this Agreement.
You may not use any Images except as expressly permitted by this license. If so, a copy of this license can be found in Your product install folder. You will be charged a fee for the cost of distribution of the code to You. The Software may contain software from Gracenote, Inc. The software from Gracenote the " Gracenote Client " enables the Software to do online disc identification and obtain music-related information, including name, artist, track, and title information " Gracenote Data " from online servers " Gracenote Servers " and to perform other functions.
You agree not to assign, copy, transfer or transmit the Gracenote Client or any Gracenote Data to any third party. You agree that Your non-exclusive license to use the Gracenote Data, the Gracenote Client, and Gracenote Servers will terminate if You violate these restrictions. Gracenote reserves all rights in Gracenote Data, the Gracenote Client, and the Gracenote Servers, including all ownership rights.
You agree that Gracenote may enforce its rights under this Agreement against You directly in its own name. The Gracenote Service uses a unique identifier to track queries for statistical purposes. The purpose of this randomly assigned numeric identifier is to allow the Gracenote service to count queries without knowing anything about who You are. By using the Software, You agree that the Gracenote software may submit a waveform signature to Gracenote.
A waveform signature is a distillation of the sound-wave information in the music itself and helps the Gracenote service to identify artist and title information for digital music files.
A waveform signature does not contain any information about You or Your computer, and computing the waveform signature should have no noticeable effect on the performance of Your computer.
Gracenote reserves the right to delete Data from the Gracenote Servers or to change Data categories for any cause that Gracenote deems sufficient. No warranty is made that the Gracenote Client or Gracenote Servers are error-free or that functioning of Gracenote Client or Gracenote Servers will be uninterrupted.
Gracenote is not obligated to provide You with any new enhanced or additional Data types or categories that Gracenote may choose to provide in the future and is free to discontinue its online service at any time. Unless otherwise stated or the context requires, the following terms shall have the meanings ascribed to them below for the purposes of this Section B only. Any undefined capitalized terms which appear herein shall have the meanings ascribed to them in the General Terms.
Subject to Your acceptance of and compliance with the terms of this EULA and payment of the applicable fees for each license according to the License Metrics specified below, We hereby grant You a limited, non-exclusive, non-sublicensable, non-transferable except as set forth under the General Terms , revocable right to use the Software in Supported Environments as described in the Documentation for the term of Your Perpetual License or Subscription License in accordance with the General and Specific Terms of this EULA solely for Your private, personal, individual work-related and non-commercial purposes.
Software Installations. SaaS Offering. You agree not to:. Copies, Back-ups and Archives. You may copy the Software in machine-readable form solely for cold back-up or archival purposes only. You may copy and use images, clip art, animations, sounds, music, shapes, video clips and templates provided with the Software and identified for such use solely in maps that You create or amend.
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