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| BEFORE INSTALLING OR USING THE SOFTWARE AS DEFINED BELOW, PLEASE READ THE FOLLOWING CAREFULLY: |
| The following are the terms and conditions (“the Agreement? under which Zeon Corporation, Inc. (“Zeon? is willing to license to you the software set forth above (“the Software? under Zeon’s Volume License Program. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING OR INSTALLING THE SOFTWARE. BY OPENING THE SEALED SOFTWARE CD, YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT INSTALL OR USE THE SOFTWARE. |
| The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. |
| 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 right, title, and interest in and to the Software and Documentation and all patent, copyright, trade secret, trademark, and other proprietary rights pertaining to the Software and Documentation. 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 service 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 to, modifications to, or derivative works of the Software shall become the exclusive property of Zeon Corporation |
| 3. 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. |
| 4. Product Upgrade. If you purchase an upgrade of the Software, your existing product will be replaced by the "Upgrade" version. Using 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. |
| 5. Maintenance. 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 Zeon’s website. |
| 6. Additional Software Updating Services. This 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. |
| 7. Registration. 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 Product documentation. |
| 8. 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. |
| 9. Warranty. Zeon warrants that the CD media by which the Software and License Key is distributed is free from defects for a period of ninety (30) 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, OR NON-INFRINGEMENT. |
| 10. 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. |
| 11. Audit. 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. |
| 12. Export Control. You shall comply with all applicable export control laws in connection with the Software and Documentation. |
| 13. Assignment. You may not assign or otherwise transfer any rights or obligations under this Agreement without Zeon’s prior written consent. |
| 14. 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. |
| 15. Relationship of the Parties. This Agreement does not create any agency or partnership relationship between Zeon and you. |
| 16. Severability. 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. |
| 17. 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 |
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Copyright 1995-2007 Zeon Corporation All Rights reserved
ZEON CORPORATION
8F-2, 303, DunHua N. Road, Taipei, Taiwan 10583
Tel: +886-2-2718-9840 Fax: +886-2-2715-1951
Web: http://www.pdfwizard.com
Email: sales@pdfwizard.com |