Canvas 11 11.0.173c


EULA - End User License Agreement



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 of america, inc. (ACD Systems). producT You accept and agree to be bound by the terms and conditions of this Agreement. This Agreement is a binding legal agreement between ACD systems and the purchaser or user (You) of this PRODUCT. If You do not agree to be bound by this Agreement, remove this PRODUCT from Your computer now and, if applicable, promptly return to acd systems by mail any copies of this PRODUCT and related documentation and packaging in Your possession.

1. Definitions
(a) ACD Systems means ACD Systems of America, Inc., a Florida Corporation.
(b) Clip Art means all art, templates, and photos included in this package.
(c) Fonts means all font software included in this package.
(d) Product means all Software, Fonts, Clip Art, manuals, other related documentation included in this package and any available software user manuals, reference manuals and installation guides or portions thereof, either in electronic or printed form, in any media whatsoever as well as all future related updates supplied by ACD Systems.
(e) "Software" means the software programs included in this package, as well as all future related updates supplied by ACD Systems..
(f) Use of this Software means that You have loaded, installed, or run this Product on a computer or similar device.

2. License - Subject to the terms of this Agreement, ACD Systems grants to You a limited, non-exclusive, non-transferable worldwide license to install and Use the Product in accordance with this Agreement.
This license is granted based on the following
(a) The Software may be installed on one computer or workstation and only on one computer operating system (either a Windows or a Macintosh operating system)..
(b) You may make one copy of the Software in machine-readable form for archival backup purposes only. As an express condition of this permitted Use, You must reproduce on each backup copy any copyright notice or other proprietary notice that is on the original copy supplied by ACD Systems.
(c) This license is not transferable and cannot be sublicensed.
(d) You may use the Fonts on a single computer and printer. A printer includes any output device such as, but not limited to, dot matrix, ink jet or laser printers, film recorders and image-setters. When using an outside company for printing or reproduction services, one copy of the Fonts may accompany the document in which the Fonts have been used. You must require company remove copy of the Fonts from companys storage media upon completion of the service.
(e) You have the right to use, modify, and include Clip Art as illustrative or decorative material that is included as part of a total original graphic of your own design for use in print, film or computer media communications.

3. Supplementary Licenses - If You wish to acquire additional licenses, enter into a site license, network license, terminal server license, concurrent-use license, or reseller agreement please contact ACD Systems at directsales@acdsystems.com

4. Restrictions
(a) The assignment, sublicense, sale, or distribution of copies of this Product is strictly forbidden without the prior written consent of ACD Systems. It is a violation of this Agreement to assign, sell, share, loan, rent, lease, borrow, network or transfer the Use of this Product. You may not make copies of the Product unless authorized herein. You should be aware that it is unlawful to copy, reproduce, or transmit any part of the Product in any form or by any means (including translation to another language, computer language, or format). You are permitted to write the contents of the Software into the machine memory of your computer so that the Product can be operated.
(b) You are not permitted to give, lend, distribute, or offer for sale your Product serial number.
(c) You may not install this Product on a network or terminal server nor lend usage of a copy of this Product with metering software. These types of usage require a special license, unless a copy of this Product is owned for each user and computer on that network or terminal server. For information on this expanded license usage see section 3, Supplementary Licenses in this Agreement.
(d) You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile this Software, Clip Art or Fonts. You shall not create any derivative works or other works that are based upon or derived from this Software in whole or in part.
(e) You shall Use this Product in compliance with all applicable laws and not for any unlawful purpose.
(f) You agree not to export or re-export the Product except in compliance with international trade laws, the export laws of any country where this Product 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 Product:
i) to an embargoed country;
ii) to individuals and organizations prohibited from receiving US exports; and
iii) in support of a prohibited end use

(g) You may not resell, sublicense or otherwise distribute the Clip Art contents, whether by themselves or as part of another collection, whether as computer images, printed images or any other medium. These restrictions apply to modifications of the Clip Art, whether or not they constitute derivative works under applicable copyright laws, as well as to the original Clip Art.
(h) You agree not to resell, sublicense, distribute, modify, adapt or create derivative works based on the Fonts. Unauthorized copying of the Fonts, even if modified, merged, or included with other software is expressly prohibited.
(i) You may not install and use the Software on both the Windows and Macintosh operating systems unless You have purchased the licenses to do so.

5. Termination - Any failure by You to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this Agreement and the license hereunder. Upon termination of this license for any reason, You agree to immediately cease Use of this Product and destroy all copies of this Product.

6. Product Updates - ACD Systems reserves the right to revise the Product without obligation to notify any person of such revision. ACD Systems may from time to time, at its own discretion, provide You with updates to the Product. ACD Systems reserves the right to provide these updates for a fee. You may refuse to accept the updates.

7. Ownership - This is a license only giving You limited rights to use the Product. Although You have purchased the license to use the CDs on which these may be recorded, You do not become owner of the Software, Clip Art or Fonts to which ACD Systems and/or its licensors retain all title to. ACD Systems name, trademarks, logo and graphics file that represents this Product shall not be used in any way to promote products developed with this Product. This Product contains copyrighted material, trade secrets and other proprietary material. You shall not attempt to alter or remove any proprietary rights or copyrights notice or identification which indicates ACD Systems ownership of this Product. ACD Systems retains sole and exclusive ownership of all right, title and interest in and to this Product and all intellectual property rights relating thereto. This Product is protected without limitation by US copyright law and international copyright treaty provisions. All rights not expressly granted hereunder are reserved for ACD Systems.

8. Limited Warranty and Disclaimer, Limitation of Remedies and Damages
(a)You hereby acknowledge that You are solely responsible for selecting and installing the Product and that the Product may not satisfy all your requirements or be free from defects. ACD Systems specifically does not warrant that the Software will operate uninterrupted or error free. Notwithstanding the foregoing, ACD Systems warrants to You, that if You discover physical defects in the media on which the Software, Fonts and Clip Art is recorded, or in the manuals distributed with the Product, ACD Systems will replace the media or manuals at no charge, provided You return the defective items, postage prepaid and with proof of purchase, within thirty (30) days of the date of original purchase. Your exclusive remedy for breach of warranty will be the refund of the purchase price.

(b)EXCEPT AS SPECIFICALLY STATED HEREIN, THE PRODUCT IS PROVIDED AS IS WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION BY ACD SYSTEMS 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 SYSTEMS OR THEIR RESPECTIVE EMPLOYEES, AGENTS, SUPPLIERS OR DISTRIBUTORS WILL CREATE A WARRANTY. ACD SYSTEMS DOES NOT WARRANT, GUARANTEE OR MAKE REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE OF THE PRODUCT 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.

IN NO EVENT WILL ACD SYSTEMS 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 USD$100. IN NO EVENT WILL ACD SYSTEMS, 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 PRODUCT OR THE USE OR INABILITY TO USE THIS PRODUCT 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.

9. Other Rights and Limitations.
(a) Consent to Use of Data - You agree that ACD Systems and its affiliates may collect and use technical information gathered in any manner as part of the product support services provided to You, if any, related to the Software. ACD Systems and its affiliates may use this information solely to improve their products or to provide customized services or technologies to You.
(b) Update/Customer Care Features - If You choose to utilize the update or customer care features within the Software, You explicitly authorize ACD Systems to use this information solely to improve our products or to provide customized services or technologies to You.

10. U.S. Government Restricted Rights - The Product is "Restricted Computer Software. 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 clause at 48 CFR 52.27-19, as applicable. The manufacturer is ACD Systems of America, Inc., 1150 NW 72nd Avenue, 2nd Floor, Miami, Florida 33126.

11. General

(a) This Agreement shall be governed by and construed, and the legal relations between the parties shall be determined in accordance with the laws of the State of Florida, excluding application of any conflict of laws principles and excluding the United Nations Convention on Contracts for the International Sale of Goods.

(b) No Failure or delay in enforcing any right or exercising will be deemed a waiver of any right or remedy.

(c) 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.

(d) This Agreement constitutes the entire agreement between You and ACD Systems with respect to the subject matter hereof and supersedes all prior and contemporaneous proposals, agreements, understandings, representations and communications, whether oral or written.

LICENSES, TRADEMARKS AND COPYRIGHTS

Canvas Software was designed, programmed and is Copyright 1985-2007 ACD Systems of America, Inc. Canvas, SpriteEffects, SpriteLayers, Dynamic Objects, SmartMouse, and SmartLines are trademarks of ACD Systems of America, Inc. and may be registered in certain jurisdictions. All Rights Reserved Worldwide.

All other brands, trademarks, product and company names are the property of their respective holders.

Adobe, Acrobat, FrameMaker, Illustrator, Photoshop, PostScript and Reader are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries.

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

Canon is a registered trademark of Canon Inc.
NO EXPRESS OR IMPLIED WARRANTY AS TO THE QUALITY OR PERFORMANCE OF THE SOFTWARE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS GIVEN BY CANON U.S.A., INC, ITS PARENT, SUBSIDIARIES AFFILIATES AND THEIR REPSECTIVE DISTRIBUTORS AND DEALERS, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED.

Code by Niles Ritter, Copyright 1995 Niles D. Ritter.

Contains an implementation of the LZW algorithm licensed under U.S. Patent 4,558,302 and foreign counterparts

CLIP ART Copyright 1986-2005 ACD Systems of America, Inc.

Corel, CorelDRAW, Paint Shop Pro, Quattro Pro and WordPerfect are trademarks or registered trademarks of Corel Corporation and/or its subsidiaries in Canada, the United States and/or other countries.

Excel, Freelancer, Microsoft, PowerPoint, Visio, Windows, Windows logo, Windows Vista and Windows Vista Start button are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries.

FONTS are registered trademarks of URW++ Design Development GmbH.

GeoSpatial Data Abstraction Library, Copyright 2000, Frank Warmerdam
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.

"Harvard Graphics" is a registered trademark of Serif.

Kodak Color Management System and Photo CD are trademarks and KODAK is a registered trademark of Eastman Kodak Company.

libTIFF,Copyright 1988-1997 Sam Leffler, Copyright 1991-1997 Silicon Graphics, Inc. Permission to use, copy, modify, distribute, and sell this software and its documentation for any purpose is hereby granted without fee, provided that (i) the above copyright notices and this permission notice appear in all copies of the software and related documentation, and (ii) 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.

"Outside In Viewer Technology 1992-2007 Oracle, USA, Inc. All rights reserved"

PANTONE Computer Video simulations used in this product may not match PANTONE-identified solid color standards. Use current PANTONE Color Reference Manuals for accurate color.

PANTONE Color Computer Graphics Pantone, Inc. 1986, 1988.

Pantone, Inc. is the copyright owner of PANTONE Color Computer Graphics and Software which are licensed to ACD Systems of America, Inc to distribute for use only in combination with Canvas. PANTONE Color Computer Graphics and Software shall not be copied onto another diskette or into memory unless as part of the execution of Canvas.

Shapefile C Library Copyright 1999, Frank Warmerdam
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.

The Proximity/Merriam-Webster Hyphenation System 1990 Merriam-Webster, 1990 All rights reserved Proximity Technology, Inc.

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

This software contains portions of imaging code owned and copyrighted by Pegasus Imaging Corp., Tampa FL, ALL RIGHTS RESERVED.
ACD CANVAS EULA 06062007



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Updated At: 2024-03-05
Publisher: ACD Systems
Operating System: windows
License Type: Free Trial