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INDEX CONTENTS 160
INDEX CONTE NTS 160
SOME ST A TES OR COUNTRIES DO N O T ALLOW THE EXCLUSION OR LIMIT A TION OF LIABILITY FOR CONS E-
QUENTIAL OR INCIDENT AL DA MAGES; THE ABO VE LIMIT A TION MA Y NO T APPL Y T O Y OU. In such instances and as
long as Y ou obtained the Software from Cor el, or a Co rel authorized r eseller , Corel ma y be liable to Y ou (a) without limitatio n for damages
Y ou hav e incurred under or in connection with this EULA only if the damage has been caused by the willful or gr o ssly negligent act of
Corel; and (b) f or those typical damages that were r easonably for es eeable and which have been caused by any other ne gligent b reach of an
essential contractual duty by Co rel. An y further liability of Corel is excluded. These aforementioned limitations apply irrespectiv e of their
legal basis, in particular with r egard to any pr e-contractual or auxiliar y contractual claims. These limi tations shall not apply, h o w e v e r, t o a n y
mandator y liability under the applicable pr oduct liability la ws, nor to any damage which is caused due to the breach of an express warranty
to the extent that such expr ess warranty was intended to pr otect consumers against the specific dama ge incurred, nor to damages due to
loss of lif e , injury or pre judice to health
U.S. GO VERNMENT -RESTRICTED RIGHTS. The Softwar e and any accompan ying documentation are "commercial computer soft-
ware" and "co mmercial co mputer softwar e documentation," under DFAR Section 227.7202 and F AR Section 12.212. An y use , modification,
rep ro du ct i on rel e as e , pe r fo rm an c e , d i sp l ay or d is cl o su re o f th e So ft w are an d ac c om pa ny in g do cu m en t at io n by th e U.S . g ove rn m en t will be
governed solel y by the terms of this EULA and will be prohibited except to the extent expressly permi tted by the terms of this EULA.
EXPOR T RESTRICTIONS. Y ou may not download, distribute, export, re-expo rt, or redistribute the Soft ware, including any Cor el
share ware pr oduct, (a) into , or to a nation al or resident of an y country to which the United St ates has embargoed g oods, or (b) to any one
on the United States T reasury Depart ment's list of 'Specially Designated' national s or the United S tates Comme rce Departm ent's 'T able of
Deny Or ders'. By downloading or using the Software, Y o u are r epresenting and warranting that Y ou are not located in, under the control
of, or a national or r esident of any such country or on any su ch list. Except pursuant to an expr ess, written, fully-ex ecuted agreemen t with
Corel, Y ou ma y not purch ase a license to use the Softwar e for the purpose of expor ting it to a countr y other than the original c ountry of
sale, nor ma y Y ou retain the ser vices of a thir d party to purch ase a l icense to use the Software if in doing so Y ou will require such third
party to send (via any means, electronic or otherwis e) the Softwar e to Y ou in a countr y other than the origin al countr y of sale.
GENERAL. If Y ou purchased or down loaded the Software in the United States then this E U LA is gov erned by the laws of th e United
States and the State o f California, without reference to conflict of la ws principles. An y dispute between Y ou and Cor el regarding this EULA
will be subject to the exclusiv e venue of the state and f ederal cour ts in the State of California. This EULA specifically excludes the United
Nations Convention on Con tracts for the Intern ational Sale of Goo ds and any legislation implementing such 'Convention', if otherwise
applicable. Except as expr essly set fo r th herein to the e xtent permitted by applicable law , this EULA shall not prejudice the non -excludable ,
statutory rights of any party dealing as a consum er . If Y ou acquired the Software in Canada, unless exp ressly pr ohibited by local law , this
EULA is gov erned by the la ws in force in the Pro vince of Ontario, Canada; and, an y dispute between Y ou and Corel r egarding this EULA
will be subject to the exclusiv e jurisdiction of the federal and pr ovincial courts sitting in T oronto , Ontario . If Y ou acquired the Software in
the Eur opean Union, Iceland, Norwa y , or Switzerland, then lo cal law applies. If Y ou acquired the Software in an y o ther country , then lo cal
law may appl y . This EULA is the entire agreement betw een Y ou and Corel and supersedes an y other communications or adv er tisements
with respe c t to the Softwar e and documentation. The Softwar e , or any f eature or part ther eof, may n ot be a vailable in all langu
ages or in all
countries. If Corel has provided Y ou wit h a translatio n of the English language version of this EULA, Y ou agree that such transl ation is pr o-
vided for Y our conv enience only and that the English language vers ion, not the translatio n, of this EULA wi ll be legally binding on Y ou. T he
English language version of this EULA and not its translation(s) will govern in the ev ent of a conflict between the English language version
and a translation.
If and to the extent any pro vi sion of this EULA is held illegal, invalid, or unenfor c eable in whole or in part under applicable la w , such provi-
sion or such por tion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable but onl y to the extent of
its illegality , invalidity , or unenforceability and shall be deemed modified to the extent necessary to conform to a pplicable law so as to give
the maximum effect to the intent o f the parties. No term or provision in the EULA will be considered waiv ed, and no breach excused,
unless such waiv er is in writing signed on behalf of the par ty against whom the waiv er is asserted. No waiver (whether expr ess or implied)
will constitute con sent to, waiv er of, or excuse of any other , different, or subsequent br each. No modi fications or amendments to this
EULA will be binding upon Cor el unless made in writing and duly ex ecuted by Y ou and an authorized repr esentative of Cor el.
ADDITIONAL EULA TERMS
Additional T erms Applicable to Users of Animation Shop
Some Corel Animation Shop versions ma y not be compatible with the Windows Vista computer operating system and Corel will not
release further Updates of Animation Shop. Y our copy of Animation Shop ma y not be compatible with computer operating systems that
Y ou may pu rchase now or in the futur e . Y ou acknowledge and agree that an y object s or film footage Y ou use in connection wit h Y our use
of the Softwar e is original to Y ou or used b y Y ou pursuant t o permission granted by the owner and cr eator of such objects or film foot age.
Additional T erms Applicable to Users of Cor elDRA W , Corel PHO T O-P AINT or Corel DESIGNER
Y ou understand and agr ee that some versions of Corel DESIGNER m ay be incorporated into , and may incorporate itself into, software a nd
other technology owned and contr o lled by thir d par ties. Any third party software or technolog y that is incorporated in Corel DESIGNER
falls under the sc ope of this EULA. Any and all other third party software or technolog y that ma y be distributed together with the Corel
DESIGNER (as bundled thir d par ty softwar e) will be subject to Y ou explicitly accepting a license agree ment with that third party . Where
such bundled third party softwar e includes software fr om Right Hemisphere, Inc., use of that bundled software pr oduct is subject to the
end user license a vailable at http:/ /www .righthemisphere.com/eula, a nd Y our use of that softwar e constitutes acceptance of such terms.
Additional T erms Applicable to Users of Cor el’ s MP3 & D VD Xpack
With respect to Corel’ s MP3 & D V D Xpack, Y ou agree that Y ou will not use Corel products in those jurisdictions where use of decoder
software is unlawful.
Additional T erms Applicable to User s of WinD VD
Y OU ACKNO WL EDGE THA T USE OF TH E SOFTW ARE IN ANY MANNER THA T COMPLIES WITH THE MPEG -2 OR MPEG-4 ST AN-
D ARD IS EX PRESSL Y PR OHIBITED WITHO UT A LICENSE UNDER APPL ICABLE P A TENTS I N THE MPEG-2 P A TENT POR TFOLIO OR
MPEG-4 P A T ENT POR TFOLIO , AS APPLI CABLE, WHICH LI CENSE IS A V AILABLE FR OM MPE G LA, L.L.C .
(HTTP://WWW .MPEGLA.COM/MAIN/DEF AUL T .ASPX), 6312 S. FIDDLERS GREEN CIR CLE, SUITE 400E, GREENW OOD VILLA GE,
COLORADO , 80111, USA.
Y OU ACKNO WLEDG E THA T THE SOFTW ARE MA Y BE LICENSED UNDE R THE VC-1 P A TENT POR TFOLIO LICENSE FOR THE PER-
SONAL AND NON-COMMERCIAL USE OF A CONSUMER T O (a) ENCODE VIDEO IN COMPLIAN CE WITH THE VC-1 ST AND ARD
("VC-1 VIDEO") AND/OR (b) DECODE VC-1 VIDEO THA T W AS ENCODED BY A CONSUMER ENGA GED IN A PERSONAL AND
NON-COMMERCIAL A CTIVITY AND/OR W AS OBT AINED FR OM A VIDEO PR O VIDER LICENSED T O PR OV IDE VC-1 VIDEO. NO
LICENSE IS GRANTED OR SH ALL BE IMPLIED FOR ANY O THER U SE. ADDITIONAL INFORMA T ION MA Y BE OBT AINED FR OM
MPEG LA, L.L.C . (HTTP://WWW .M PEGLA.COM/MAIN/DEF AUL T . ASPX).