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C
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PDF F
USION
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G
UIDE
INDEX CONTENTS 160
INDEX CONTENTS 160
SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSE-
QUENTIAL OR INCIDENTAL DAMAGES; THE ABOVE LIMITATION MAY NOT APPLY TO YOU. In such instances and as
long as You obtained the Software from Corel, or a Corel authorized reseller, Corel may be liable to You (a) without limitation for damages
You have incurred under or in connection with this EULA only if the damage has been caused by the willful or grossly negligent act of
Corel; and (b) for those typical damages that were reasonably foreseeable and which have been caused by any other negligent breach of an
essential contractual duty by Corel. Any further liability of Corel is excluded. These aforementioned limitations apply irrespective of their
legal basis, in particular with regard to any pre-contractual or auxiliary contractual claims. These limitations shall not apply, however, to any
mandatory liability under the applicable product liability laws, nor to any damage which is caused due to the breach of an express warranty
to the extent that such express warranty was intended to protect consumers against the specific damage incurred, nor to damages due to
loss of life, injury or prejudice to health
U.S. GOVERNMENT-RESTRICTED RIGHTS. The Software and any accompanying documentation are "commercial computer soft-
ware" and "commercial computer software documentation," under DFAR Section 227.7202 and FAR Section 12.212. Any use, modification,
reproduction release, performance, display or disclosure of the Software and accompanying documentation by the U.S. government will be
governed solely by the terms of this EULA and will be prohibited except to the extent expressly permitted by the terms of this EULA.
EXPORT RESTRICTIONS. You may not download, distribute, export, re-export, or redistribute the Software, including any Corel
shareware product, (a) into, or to a national or resident of any country to which the United States has embargoed goods, or (b) to anyone
on the United States Treasury Department's list of 'Specially Designated' nationals or the United States Commerce Department's 'Table of
Deny Orders'. By downloading or using the Software, You are representing and warranting that You are not located in, under the control
of, or a national or resident of any such country or on any such list. Except pursuant to an express, written, fully-executed agreement with
Corel, You may not purchase a license to use the Software for the purpose of exporting it to a country other than the original country of
sale, nor may You retain the services of a third party to purchase a license to use the Software if in doing so You will require such third
party to send (via any means, electronic or otherwise) the Software to You in a country other than the original country of sale.
GENERAL. If You purchased or downloaded the Software in the United States then this EULA is governed by the laws of the United
States and the State of California, without reference to conflict of laws principles. Any dispute between You and Corel regarding this EULA
will be subject to the exclusive venue of the state and federal courts in the State of California. This EULA specifically excludes the United
Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such 'Convention', if otherwise
applicable. Except as expressly set forth herein to the extent permitted by applicable law, this EULA shall not prejudice the non-excludable,
statutory rights of any party dealing as a consumer. If You acquired the Software in Canada, unless expressly prohibited by local law, this
EULA is governed by the laws in force in the Province of Ontario, Canada; and, any dispute between You and Corel regarding this EULA
will be subject to the exclusive jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If You acquired the Software in
the European Union, Iceland, Norway, or Switzerland, then local law applies. If You acquired the Software in any other country, then local
law may apply. This EULA is the entire agreement between You and Corel 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 langu
ages or in all
countries. If Corel has provided You with a translation of the English language version of this EULA, You agree that such translation is pro-
vided for Your convenience only and that the English language version, not the translation, of this EULA will be legally binding on You. 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 and to the extent any provision of this EULA is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provi-
sion or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable but only to the extent of
its illegality, invalidity, or unenforceability and shall be deemed modified to the extent necessary to conform to applicable law so as to give
the maximum effect to the intent of the parties. No term or provision in the EULA will be considered waived, and no breach excused,
unless such waiver is in writing signed on behalf of the party against whom the waiver is asserted. No waiver (whether express or implied)
will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach. No modifications or amendments to this
EULA will be binding upon Corel unless made in writing and duly executed by You and an authorized representative of Corel.
ADDITIONAL EULA TERMS
Additional Terms Applicable to Users of Animation Shop
Some Corel Animation Shop versions may not be compatible with the Windows Vista computer operating system and Corel will not
release further Updates of Animation Shop. Your copy of Animation Shop may not be compatible with computer operating systems that
You may purchase now or in the future. You acknowledge and agree that any objects or film footage You use in connection with Your use
of the Software is original to You or used by You pursuant to permission granted by the owner and creator of such objects or film footage.
Additional Terms Applicable to Users of CorelDRAW, Corel PHOTO-PAINT or Corel DESIGNER
You understand and agree that some versions of Corel DESIGNER may be incorporated into, and may incorporate itself into, software and
other technology owned and controlled by third parties. Any third party software or technology that is incorporated in Corel DESIGNER
falls under the scope of this EULA. Any and all other third party software or technology that may be distributed together with the Corel
DESIGNER (as bundled third party software) will be subject to You explicitly accepting a license agreement with that third party. Where
such bundled third party software includes software from Right Hemisphere, Inc., use of that bundled software product is subject to the
end user license available at http://www.righthemisphere.com/eula, and Your use of that software constitutes acceptance of such terms.
Additional Terms Applicable to Users of Corel’s MP3 & DVD Xpack
With respect to Corel’s MP3 & DVD Xpack, You agree that You will not use Corel products in those jurisdictions where use of decoder
software is unlawful.
Additional Terms Applicable to Users of WinDVD
YOU ACKNOWLEDGE THAT USE OF THE SOFTWARE IN ANY MANNER THAT COMPLIES WITH THE MPEG-2 OR MPEG-4 STAN-
DARD IS EXPRESSLY PROHIBITED WITHOUT A LICENSE UNDER APPLICABLE PATENTS IN THE MPEG-2 PATENT PORTFOLIO OR
MPEG-4 PATENT PORTFOLIO, AS APPLICABLE, WHICH LICENSE IS AVAILABLE FROM MPEG LA, L.L.C.
(HTTP://WWW.MPEGLA.COM/MAIN/DEFAULT.ASPX), 6312 S. FIDDLERS GREEN CIRCLE, SUITE 400E, GREENWOOD VILLAGE,
COLORADO, 80111, USA.
YOU ACKNOWLEDGE THAT THE SOFTWARE MAY BE LICENSED UNDER THE VC-1 PATENT PORTFOLIO LICENSE FOR THE PER-
SONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (a) ENCODE VIDEO IN COMPLIANCE WITH THE VC-1 STANDARD
("VC-1 VIDEO") AND/OR (b) DECODE VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND
NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE VC-1 VIDEO. NO
LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM
MPEG LA, L.L.C. (HTTP://WWW.MPEGLA.COM/MAIN/DEFAULT.ASPX).
160


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