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Acdsee Pro Photo Manager 3 End User License Agreement
Acdsee Pro Photo Manager 3 End User License Agreement
User Agreement
2.1
Grant Subject to the terms of this Agreement, ACD grants to You a limited, non-exclusive, nontransferable, worldwide license, without right to sub-license: to Use or evaluate the object code version of
this Software in accordance with this Agreement and any other written agreement with ACD. ACD does
not transfer title to this Software to You; the license granted to You is not a sale.
2.2
Evaluation Version Use -You may evaluate this Software without purchasing a license (the
Evaluation Version) for a maximum of 30 days (the Evaluation Period). On or before the expiration of
the Evaluation Period, You must purchase a license from ACD (or an authorized reseller or distributor) in
order to continue to use this Software, or You are required to remove this Software and any Back-Up
Copy from Your computer immediately following the expiration of the Evaluation Period. For more
information about purchasing a license to use this Software, please contact ACD Customer Service.
2.3
Activation of Software Once You have purchased a license from ACD in order to continue to
use the Software, You may be required to activate the Software through the Internet. There are
technological measures within the Software that are designed to prevent unlicensed use of the Software.
ACD will use those measures to confirm You have a valid licensed copy of the Software. ACD will not
collect any personally identifiable information from Your computer location or workstation during this
process.
2.4
Evaluation Version Distribution The Evaluation Version of this Software may be freely
distributed, provided that: (a) such distribution includes only the original archive supplied by ACD. You
may not alter, delete or add any files in the distribution archive or modify this Software in any way; (b) the
limited evaluation nature of this Evaluation Version Software is not misrepresented; (c) no money is
charged to the person receiving this Evaluation Version Software, beyond reasonable cost of packaging
and other overhead; (d) You provide prior email or written notice to ACD that You are distributing this
Evaluation Version and, if this Software is being distributed with other media or software, ACDs prior
written approval is required. To obtain prior written approval, please contact ACD. You may be required
to report to ACD the number of units of this Evaluation Version Software distributed from time to time.
2.5
Installation and Use You are responsible for installation of this Software. Your license to
use this Software is limited to the number of licenses purchased by You. For more information about
purchasing additional licenses of this Software please contact an authorized reseller or ACD directly
through our online form: http://www.acdsee.com/support/. You shall not allow others to Use, copy or
evaluate copies of this Software. Others may obtain a copy of this Software from: http://www.acdsee.com/
2.6
Portable Computer Use If You have purchased a license to use this Software and installed it
on Your desktop computer, You may install a second copy of this Software on Your portable computer for
Your exclusive use only.
2.7
Use Restrictions - You shall Use this Software in compliance with all applicable laws and not for
any unlawful purpose. Each licensed copy of this Software may be used on one single computer location
or workstation. If You install this Software onto a multi-user platform, server or network, each and every
individual user of this Software must be licensed separately or included by a multi-user or site license.
Others may not Use or install Your copy of this Software. The assignment, sublicense, networking, sale,
or distribution of copies of this Software is strictly forbidden without the prior written consent of ACD. It is
a violation of this Agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the Use
of this Software. Upon request by ACD, You agree to give ACD access to Your site during regular
business hours solely for the purpose of ensuring compliance with this Agreement.
2.8
Transfer Unless otherwise authorized herein, this Software and the license herein granted
shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or
in part except that You may make one Backup Copy for back-up use during emergency situations.
2.9
Intellectual Property Restrictions ACDs name, trademarks, logo and graphics file that
represents this Software shall not be used in any way to promote products developed with this Software.
This Software contains copyrighted material, trade secrets and other proprietary material. You will not
deliver, disclose, or convey to any third party, either directly or indirectly, the contents of this Software.
You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile this Software
or alter or remove any proprietary rights or copyrights notice or identification which indicates ACDs
ownership of this Software. You shall not create any derivative works or other works that are based upon
or derived from this Software in whole or in part. ACD retains sole and exclusive ownership of all right,
title and interest in and to this Software and all intellectual property rights relating thereto. This Software is
protected without limitation by Canadian copyright law and international copyright treaty provisions. All
rights not expressly granted hereunder are reserved by ACD.
2.10
Limited Warranty and Disclaimer - You hereby acknowledge that You are solely responsible for
selecting and installing the Software and that the Software may not satisfy all your requirements or be
free from defects. ACD specifically does not warrant that the Software will operate uninterrupted or error
free. THE SOFTWARE IS PROVIDED AS IS WITHOUT ANY REPRESENTATION, WARRANTY OR
CONDITION BY ACD OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
ANY WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY
OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE
ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF
TRADE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ACD OR THEIR
RESPECTIVE EMPLOYEES, AGENTS, SUPPLIERS OR DISTRIBUTORS WILL CREATE A
WARRANTY.
ACD DOES NOT WARRANT, GUARANTEE OR MAKE REPRESENTATIONS
REGARDING THE USE, OR THE RESULTS OF USE OF THE SOFTWARE IN TERMS OF
CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE.
IF SUCH
DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS IS NOT PERMITTED BY
LAW, THE DURATION OF ANY SUCH IMPLIED WARRANTIES OR CONDITIONS IS LIMITED TO
NINETY (90) DAYS FROM THE DATE OF DELIVERY. SOME JURISDICTIONS DO NOT ALLOW THE
Registration
3.1
Registration - To register this Software You can do one of the following: 1) complete and mail
the printed registration card (if applicable) to ACD; 2) submit the registration information online through
the registration screen found within this Software (if applicable); or 3) submit the registration information
online through ACDs Support pages at http://www.acdsee.com/support/policy. As a registered user, You
will have the option to receive helpful information and special email offers for ACD customers.
3.2 Consent to Use of Data - You agree that ACD may collect and use information gathered in any
manner as part of the product support services provided to You, if any, related to this Software. ACD may
also use this information to provide notices to You which may be of use or interest to You. You can elect to
not receive any further notices by selecting the unsubscribe or change your preferences link included in
every email you receive. The unsubscribe or change your preferences link will allow you to visit our
preference center which lists the publications You are subscribed to and allows You to unsubscribe or
change Your preferences (You can log-in to the preference center once You have submitted Your e-mail
address to ACD and it has been processed). The Software contains components that enable and
facilitate the use of certain Internet-based services. You acknowledge and agree that ACD may
automatically check the version of this Software that You are utilizing and may provide upgrades or fixes
to this Software. In order to receive such upgrades or fixes, You must agree to the download when
prompted. You are not obligated to download any upgrades or fixes to this Software that are provided by
ACD. To review ACD privacy policy, please visit: http://www.acdsee.com/privacy.
4.
General Provisions
No failure or delay in enforcing any right or exercising will be deemed a waiver of any right or remedy.
If any provision of this Agreement is unenforceable or invalid for any reason whatever, such
unenforceability or invalidity shall not affect the enforceability or validity of the remaining provisions of this
Agreement and such provision shall be severable from the remainder of this Agreement.
This Agreement constitutes the entire agreement between You and ACD with respect to the subject matter
hereof and supersedes all prior and contemporaneous proposals, agreements, understandings,
representations and communications, whether oral or written.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective
successors and permitted assigns.
The English version of this Agreement shall be used for interpreting and construing the meanings of any
provisions herein.
5. Third Party Software Licenses
This Software also contains software of ACD Systems and its suppliers which are used in accordance
with the notices reproduced below:
This Software contains Method and System for Calendar-Based Image Asset Organization, Patent No.
US 7,398,479 B2
This product includes DNG technology under license by Adobe Systems Incorporated. More information
may be found at: http://www.adobe.com/products/dng/main.html. All rights reserved.
XMP Toolkit 4.1.1 is copyright (c) 1999 - 2007, Adobe Systems Incorporated All rights reserved. THIS
SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
Apple, Macintosh and QuickTime are trademarks of Apple Inc., registered in the U.S. and other countries.
Paint Shop Pro is a trademark or registered trademark of Corel Corporation and/or its subsidiaries in
Canada, the United States and/or other countries.
DirectX, Internet Explorer Microsoft, Windows, Windows logo, Windows Media, Windows Vista and
Windows Vista Start button are either registered trademarks or trademarks of Microsoft Corporation in the
United States and/or other countries.
All other marks, products and company names are the property of their respective owners.
7. Third Party Websites, Services and Software
The Software may contain links to other websites, services or software provided by third parties (Third
Party Content). Links from ACD Software to Third Party Content are provided for Your convenience only
and are not investigated, monitored or checked for accuracy, appropriateness, or completeness by ACD
and ACD is not responsible for any Third Party Content accessed through ACD Software, including
without limitation the content, accuracy, offensiveness, opinions, reliability, privacy practices or other
policies of or contained in the Third Party Content. Inclusion of, linking to, or permitting the use or
installation of any Third Party Content does not imply approval or endorsement thereof by ACD. If You
decide to access or install the Third Party Content, You do so at your own risk and You should be aware
that ACD terms and policies no longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any Third Party Content You navigate from the ACD
Software or relating to any Third party Content You use or install. ACD reserves the right to change,
modify or delete links to Third Party Content without notice.
ACDSee Pro 3 EULA 08 25 2009