|BEFORE INSTALLING OR USING THE SOFTWARE AS DEFINED BELOW, PLEASE READ THE
|The following are the terms and conditions (“the Agreement”) under which Zeon
Corporation, Inc. (“Zeon”) is willing to license to you the software (“the
Software”) set forth above under Zeon’s Volume License Program.
NOTICE TO USER: THIS IS A LEGAL CONTRACT BETWEEN YOU AND ZEON CORPORATION.
PLEASE READ THIS AGREEMENT CAREFULLY AND ACCEPT ALL THE TERMS AND CONDITIONS
SET FORTH IN THIS DOCUMENT BEFORE DOWNLOADING, INSTALLING, COPYING OR USING ALL
OR ANY PORTION OF THE SOFTWARE. BY DOWNLOADING, INSTALLING, COPYING OR USING
ALL OR ANY PORTION OF THE SOFTWARE YOU AGREE TO BE BOUND BY ALL OF THE TERMS
AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU OR
ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF
YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, COPY
OR USE ALL OR ANY PORTION OF THE SOFTWARE.
|The SOFTWARE is protected by law, including but not limited to copyright laws
of the Republic of China (Taiwan) and international copyright treaties, as well
as other intellectual property laws and treaties. The Software is licensed, not
|1. Delivery and License.
On or before the Effective Date set forth above, Zeon will deliver to you a CD
containing a copy of the Software and License Key and associated documentation
(“the Documentation”).You may install the Software pursuant to the terms of
this Agreement (“the EULA”) up to the number of licenses in the License
Quantity set forth above. Once installed, your use of that copy of the Software
is governed by the terms of the EULA. You may not, however, return the Software
to Zeon for a refund. Any additional licenses over and above the License
Quantity will require additional license fees.
|2. Proprietary Rights.
Zeon and its licensors retain all rights, titles, and interests in and to the
Software and Documentation and all patent, intellectual property, trade secret,
trademark, and other proprietary rights pertaining to the Software and
Documentation. The structure, organization and code of the Software are the
valuable trade secrets and confidential information of Zeon Corporation. You
may make one (1) copy of the Software and Documentation for back up purposes.
You may not (a) modify, port, translate, localize, or create derivative works
of the Software or Documentation; (b) decompile, disassemble, reverse engineer,
or attempt to discover any source code, underlying ideas, underlying user
interface techniques, or algorithms of the Software; (c) sell, lease, license,
sublicense, copy (except as provided above), market, or distribute the Software
or Documentation; (d) release or disclose the results of any benchmark testing
of the Software; remove or alter any trademark, logo, copyright or other
proprietary notices, legends, symbols or labels in the Software, (e) provide
bureau services using the Software or otherwise use the Software to process
data or information supplied by a third party for the benefit of such third
party without Zeon’s prior expressed written consent, which may be given in
Zeon’s sole discretion; or (f) copy the printed materials accompanying the
Software. Any changes or modifications to the Software or derivative works of
the Software shall become the exclusive property of Zeon Corporation.
|3. Intellectual Property Ownership.
The Software and any authorized copies that you make are the intellectual
property of and are owned by Zeon Corporation, and are protected by law,
including but not limited to the copyright laws of the Republic of China
(Taiwan) and related applicable international laws. You may not copy the
Software except as set forth in the "License" and other specified sections. Any
copies that you are permitted to make pursuant to this Agreement must contain
the same intellectual property and other proprietary notices that appear on or
in the Software. The trademarks may be used to identify the Software owner's
name, or to identify printed output produced by the Software. Such use of any
trademark does not give you any rights of ownership to that trademark.
|4. Font Software.
If the Software includes font software, its usage must be pursuant to all the
terms and conditions of this Agreement. You can use the font software as
described above on the Permitted Number of Computers and output such font
software on any output devices connected to such computers.
|5. Product Upgrade.
If you purchase an upgrade of the Software, your existing product will be
replaced by the "Upgrade" version. Purchasing the upgrade version will render
your existing copy obsolete. You should stop using and destroy all documents or
media related to the pre-existing version of the product, including any
"Enabling" material you may have received previously.
Any Maintenance services (as such services are defined on Zeon’s website) must
cover all copies of the Software in the License Quantity set forth above. If
you purchase Maintenance, the effective date and expiration date of such
services are set forth above, and the terms of such services are set forth on
EULA applies to updates, supplements, add-on components, or Internet-based
services components of the Software that Zeon may provide or make
available to you after the initial date of purchase, unless Zeon provides
other terms along with the update, supplement, add-on component, or
Internet-based services component. If you choose to utilize the Internet
update features within the Software, it will be necessary to use certain
computer system, hardware, and software information to implement the
features. By using these features, you explicitly authorize Zeon or its
authorized dealer to access and utilize the necessary information for
Internet updating purposes. Zeon may use this information solely to
improve our products or to provide customized services or technologies to
You may be required to register your purchased license(s) of the Software on
Zeon’s Website to obtain product update notices, support services and upgrade
information. This registration obligation is further described in the Software
|9. Modification, Term and Termination.
Zeon may modify, amend, or terminate this Agreement and the Volume Licensing
Program at anytime. Upon termination, you may continue to use the Software
pursuant to the EULA up to the License Quantity set forth above.
Zeon warrants that the CD media by which the Software and License Key is
distributed is free from defects for a period of ninety (90) days from the
purchase date. If Zeon determines that the CD media is defective, Zeon may
replace the CD media. This is your exclusive remedy and Zeon’s only liability
under this warranty. ZEON MAKES NO ADDITIONAL WARRANTY, EXPRESS OR IMPLIED,
INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
|11. Limitation of Liability.
ZEON SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM THIS
AGREEMENT, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, OR
FOR LOST REVENUES OR LOST PROFITS UNDER ANY THEORY OF LIABILITY, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
Zeon shall have the right to inspect (through an independent auditor) your
records on reasonable advance written notice and during your regular business
hours to verify your compliance with this Agreement. If such audit reveals an
underpayment, you will pay any amount determined to be due as a result of such
audit within thirty (30) days of receipt of Zeon’s invoice therefore, and if
the underpayment is five percent (5%) or more of the license fees you have
paid, you will also pay for Zeon’s reasonable costs for the audit.
|13. Export Rules.
You agree that the Software will not be shipped, transferred, or exported into
any country or used in any manner prohibited by export laws, restrictions or
regulations. In addition, if the software is identified as an export controlled
item under Export Laws, you represent and warrant that you are not a citizen
of, or located within, an embargoed or otherwise restricted nation and that you
are not otherwise prohibited under Export Laws from receiving the Software. All
rights to use the Software are granted on condition that such rights are
forfeited if you fail to comply with the terms of this agreement.
You may not assign or otherwise transfer any rights or obligations under this
Agreement without Zeon’s prior written consent.
|15. Choice of Law.
This Agreement shall be construed in accordance with the laws of the Republic
of China (Taiwan), without regard to its conflict of law principles.
|16. Relationship of the Parties.
This Agreement does not create any agency or partnership relationship between
Zeon and you.
If any provision of this Agreement is found by a court of competent
jurisdiction to be unenforceable, that provision shall be reformed to be
enforceable to the maximum extent permitted by law, or severed and the
remainder of this Agreement shall continue in full force and effect.
|18. Integrated Agreement.
This Agreement is the complete and final agreement and understanding and
supersedes all prior and contemporaneous representations, agreements, and
understandings, whether oral or written, concerning the subject matter of this
Agreement. You acknowledge that you have read this Agreement, understand it and
agree to be bound by its terms and condition.
|19. Reservation of Rights.
All rights not expressly granted in this Agreement are reserved by Zeon
Corporation. If you have any question regarding this Agreement or if you wish
to request any further information, please contact Zeon or its authorized
distributors through the provided contact info below.
|Copyright 1995-2009 Zeon Corporation All Rights reserved
8F-6, 303, DunHua N. Road, Taipei, Taiwan 10583
Tel: +886-2-2718-9840 Fax: +886-2-2715-1951