ACDSee Pro 5 EULA.

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Here is the current ACDSee Pro 5 EULA.

ACDSee Pro 5 END USER LICENSE AGREEMENT

PLEASE READ THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) CAREFULLY BEFORE USING THIS SOFTWARE.


NOTICE TO USER – BY RECEIVING AND/OR USING THIS ACD SYSTEMS INTERNATIONAL INC. (“ACD”) SOFTWARE YOU ACCEPT AND AGREE TO BE BOUND BY THE FOLLOWING USER AGREEMENT. THIS AGREEMENT IS A BINDING LEGAL AGREEMENT BETWEEN ACD AND THE PURCHASERS, USERS OR EVALUATORS (“YOU”) OF THIS SOFTWARE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, REMOVE THIS SOFTWARE FROM YOUR COMPUTER NOW AND, IF APPLICABLE, PROMPTLY RETURN TO ACD BY MAIL ANY COPIES OF THIS SOFTWARE AND RELATED DOCUMENTATION AND PACKAGING IN YOUR POSSESSION.

1. Definitions – “Software” means the computer software program known as ACDSee Pro 5 that accompanies this Agreement and includes any available software user manuals, reference manuals and installation guides, or portions thereof, either in electronic or printed form, in any media whatsoever. “Use” of this Software means that You have loaded, installed, or run this Software on a computer or similar device. “Backup Copy” means one non-transferable copy of this Software created for archival purposes only that is not installed or Used on any computer or workstation except for back-up use during emergency situations. “Evaluation Version” means that You may evaluate the Evaluation Version of this Software without purchasing a license for a maximum of thirty (30) calendar days (the "Evaluation Period"). “ACDSee Online” means the online feature of ACDSee Pro 5 which is subject to the terms of service contained within ACDSee Online.

2. User Agreement

2.1 Grant – Subject to the terms of this Agreement, ACD grants to You a limited, non-exclusive, non-transferable, 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.

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, ACD’s 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. 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 Uninstall instructions
From the "Start" menu in Windows, select "Control Panel"
Select "Add/Remove Programs"
Select “ACDSee Pro 5”
Click "Uninstall"

2.7 Portable Computer Use – If You have installed this Software on Your desktop computer, You may install a second copy of this Software on Your portable computer for Your exclusive use only.

2.8 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, except in accordance with Article 2.7. 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.

2.9 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.

2.10 Intellectual Property Restrictions – ACD’s 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 ACD’s 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 for ACD.

2.11 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 EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION MAY LAST, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

2.12 Limitation of Responsibility - You will indemnify, hold harmless, and defend ACD, its employees, agents and distributors against any and all claims, proceedings, demands and costs resulting from or in any way connected with Your use of this Software. IN NO EVENT WILL ACD BE LIABLE ON ANY THEORY OF LIABILITY, WHETHER BASED ON CONTRACT, STRICT LIABILITY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR DAMAGES WHICH, IN THE AGGREGATE, EXCEED THE PURCHASE PRICE OF THE SOFTWARE (MAXIMUM BEING THE LESSER OF THE AMOUNT PAID BY YOU AND THE SUGGESTED RETAIL PRICE AS LISTED BY ACD) IN EXCHANGE FOR THE RETURN OF THE PRODUCT, ALL COPIES, REGISTRATION PAPERS AND MANUALS, AND ALL MATERIALS THAT CONSTITUTE A TRANSFER OF LICENSE FROM YOU BACK TO ACD. SUCH REIMBURSEMENT WILL ONLY OCCUR IF THE SOFTWARE WAS PURCHASED DIRECTLY FROM ACD. IF YOU PURCHASED THE SOFTWARE THROUGH A RESELLER, DISTRIBUTOR, RETAILER, OR THIRD PARTY, YOU NEED TO REQUEST A REFUND DIRECTLY FROM SUCH PARTIES. IN NO EVENT WILL ACD ITS EMPLOYEES, AGENTS, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, AGGRAVATED OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF OR RELATED TO THIS AGREEMENT, THIS SOFTWARE OR THE USE OR INABILITY TO USE THIS SOFTWARE OR THE FURNISHING, PERFORMANCE OR USE OF ANY OTHER MATTERS HEREUNDER HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO BUSINESS INTERRUPTION, LOSS OF DATA OR INFORMATION, LOSS OF PROFITS, BUSINESS OPPORTUNITIES, OR GOOD WILL EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

2.13 Export Compliance – You agree not to export or re-export the Software except in compliance with international trade laws, the export laws of any country where this Software is used and the United States Department of Commerce Bureau of Industry and Security Export Administration Regulations (EAR), including but not limited to compliance with EAR restrictions on export or re-export of the Software:
i) to an embargoed country;
ii) to individuals and organizations prohibited from receiving US exports; and
iii) in support of a prohibited end use

The license granted to You under this Agreement is on the condition that You comply with applicable trade and export laws and You acknowledge that this license will be revoked if You do not comply with this section.

2.14 Governing Law - This Agreement shall be governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable therein excluding application of any conflict of laws principles and excluding the United Nations Convention on Contracts for the International Sale of Goods and excluding the International Sale of Goods Act (B.C.). You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of Victoria, British Columbia, and any competent courts of appeal therefrom.

3. 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 ACD’s 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 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 Adobe RGB (1998) and ColorMatchRGB (1998) color image encoding, which are registered trademarks under license by Adobe Systems Incorporated. All rights reserved.

This product includes ProPhotoRGB with is copyright (c) 1999 Eastman Kodak. All rights reserved.

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 - 2011, 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 (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Xalan and Xerces libraries are licensed under the Apache License, Version 2.0 (the "License"). You may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0. Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

U.S. Government Restricted Rights. The Software is provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Chilkat Software, Inc., 1719 E Forest Ave, Wheaton, Illinois 60187 USA.

This Software is based in part on the work of the Independent JPEG Group.

This Software uses the Google Maps API, Copyright (c) 2011. Google Maps is a registered trademark of Google, Inc.

TIFF support based on LibTIFF, Copyright (c) 1988-1997 Sam Leffler, Copyright (c) 1991-1997 Silicon Graphics, Inc. This notice must appear in all copies of the Software and related documentation. The names of Sam Leffler and Silicon Graphics may not be used in any advertising or publicity relating to the software without the specific, prior written permission of Sam Leffler and Silicon Graphics. THE SOFTWARE IS PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SAM LEFFLER OR SILICON GRAPHICS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.

MPEG 1 Codec is copyright MainConcept 2008. The MainConcept logo and the 'Codec By’ logo are registered trademarks and MainConcept is a trademark of MainConcept AG or any of its subsidiaries.

The JsonCpp library software is Copyright (c) 2007-2010 Baptiste Lepilleur. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

CD/DVD recording software developed under license from Padus, Inc. – http://www.padus.com Copyright 1996-2007 Padus, Inc. All Rights Reserved.

This software contains portions of imaging code owned and copyrighted by Pegasus Imaging Corp., Tampa FL, ALL RIGHTS RESERVED.

This software contains a cross-browser JavaScript library Ext JS Version 1.6 licensed from Sencha, Inc. - http://www.sencha.com/store/js/license.php Copyright 2006-2011 Sencha, Inc.

6. Copyright and Trademark Notices

ACDSee Pro 5 software and documentation was designed, programmed and is Copyright © 2011 ACD Systems International Inc. All rights reserved worldwide. Unauthorized duplication strictly prohibited.

ACD, ACDSee and ACDSee logo are trademarks of ACD Systems International Inc. and may be registered in Canada, the United States, European Union, Japan and certain other jurisdictions.

Adobe, Acrobat, Photoshop, PostScript, DNG, Adobe RGB (1998), ColorMatchRGB, and XMP are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries.

Apple, Macintosh and QuickTime are trademarks of Apple Inc., registered in the U.S. and other countries.

ProphotoRGB was designed and copyright 1999 Eastman Kodak.

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.

Google Maps is a trademark or registered trademark of Google Inc. in the United States and/or other countries.

DirectX, Internet Explorer Microsoft, Windows, Windows logo, Windows XP, 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 5 EULA 06/20/2011