ACDSee Pro 3 (Mac)
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.
1. Definitions - “Software” means the computer software program known as ACDSee Pro
(Mac) 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 nontransferable
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.
2. User Agreement
2.1 Grant - Subject to the terms of this Agreement, ACD grants to You a limited, nonexclusive,
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 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, except in accordance with Portable Computer
Use. 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 - 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.
2.10 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 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.
2.11 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.
2.12 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.
2.13 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.
2.14 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 including the
license hereunder. Upon termination of this Agreement for any reason, You agree to
immediately cease Use of this Software and destroy all copies of this Software. The rights
and obligations in Sections 2.7, 2.9, 2.10, 2.11, 2.13, 5, 6, and 7 shall survive the
termination of this Agreement.
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/ <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 email
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 rights and obligations in Sections 2.7, 2.9, 2.10, 2.11, 2.13, 5, 6, and 7 shall survive the
expiration or termination of this Agreement.
All notices that are required to be given by ACD under this Agreement may be given online
via ACD's website located at <http://community.acdsee.com/forums/>, and will be deemed to
have been received the next business day after posting on such website. This Agreement
and all documents related thereto shall be interpreted and construed in the English
Language.
5. Third Party Software Licenses
This Software also contains software of ACD's suppliers which is used in accordance with the
notices reproduced below, which notices You acknowledge and agree to together with the
remainder of this Agreement.
UKDIRECTORYENUMERATOR code is provided courtesy of M. Uli Kusterer
This software contains AMCollectionView found at: <http://www.harmless.de/cocoa-code.php>
and is Copyright © 2007, Andreas Mayer. All rights reserved.
This product includes ColorMatchRGB (1998) color image encoding, a registered trademark
under license by Adobe Systems Incorporated. All rights reserved.
This product includes ProPhotoRGB with is copyright (c) 1999 Eastman Kodak. All rights
reserved.
This software contains SMP XDK found at: <http://www.adobe.com/devnet/xmp/sdk/eula.html>
and is Copyright (c) 1999 - 2010, 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.
This software contains Perl Compatible Regular Expressions found at: <http://www.pcre.org/>
license.txt. The POSIX wrapper interface is Copyright (c) 1997-2010 University of Cambridge.
All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted
provided that the following conditions are met:
• Redistributions of source code must retain the above copyright notice, this list of
conditions and the following disclaimer.
• Redistributions in binary form must reproduce the above copyright notice, this list of
conditions and the following disclaimer in the documentation and/or other materials
provided with the distribution.
• Neither the name of the University of Cambridge nor the names of its contributors
may be used to endorse or promote products derived from this software without
specific prior written permission.
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.
This software contains Icon Resources for converting between IconRefs and NSImages
created by Blain Hamon of Unlogica in September 2007. Parts were taken from IconGrabber
(<http://boredzo.org/icongrabber/>). Released as PUBLIC DOMAIN. No license, no warranty, no
fitness of purpose.
This software contains the ExifTool created by Phil Harvey, Copyright © 2010 found here:
<http://owl.phy.queensu.ca>
This software contains source code taken from <http://iconfamily.sourceforge.net/>. Copyright
(c) 2001-2006 Troy N. Stephens and portions Copyright (c) 2007 Google™ Inc. Use and
distribution of this source code is governed by the MIT License, whose terms are as follows:
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 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.