ACDSee 14 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.
2.
1. Definitions Software means the computer software program 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 (or number of users
covered in a multi-user or site license) 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 14 which is subject to the terms of service
contained within ACDSee Online.
3. User Agreement
3.1 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.
3.2 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 BackUp 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.
3.3 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. ACD will not
collect any personally identifiable information from Your computer location or
workstation during this process.

3.4 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, ACDs 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.
3.5

Installation and Use You are responsible for installation of this Software.
Your license to use this Software is limited to the number of licenses purchased
by You. For more information about purchasing additional licenses of this
Software please contact an authorized reseller or ACD directly through our online
form: http://www.acdsee.com/support/. 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/

3.6 Uninstall Instructions From the Start menu in Windows,

Select Control Panel
Select Add/Remove Programs
Select ACDSee 14
Click "Uninstall"
2
2.1 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.
2.2 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. 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.
2.3 Transfer Unless otherwise authorized herein, this Software and the license
herein granted shall not be copied, shared, distributed, re-sold, offered for resale, transferred or sub-licensed in whole or in part except that You may make
one Backup Copy for back-up use during emergency situations.
2.4 Intellectual Property Restrictions ACDs 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 ACDs
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 by
ACD.
2.5 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.
2.6 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.
2.7 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)
ii)
iii)

to an embargoed country;
to individuals and organizations prohibited from receiving US exports; and
in support of a prohibited end use
2.8The 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.
2.9 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.
2.10 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 and 4 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 ACDs 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 Systems International Inc. 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 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 - 2007, 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 252.2277013 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.
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 and 'Codec By logos 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 (c) 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 Copyright 2006-2011 Sencha, Inc.
6. Copyright and Trademark Notices
ACDSee 14 software and documentation was designed, programmed and is Copyright (c) 2010
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 or certain other jurisdictions.
Adobe, Acrobat, Photoshop, PostScript 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.
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.
DirectX, Internet Explorer Microsoft, Windows, Windows logo, 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.