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authorMichael Sterrett <mr_bones_@gentoo.org>2012-04-26 18:00:23 +0000
committerMichael Sterrett <mr_bones_@gentoo.org>2012-04-26 18:00:23 +0000
commit56de27dd16a81d316c427f84a6e1fb4c533291b0 (patch)
tree4be4e3e1f30586a2f0c7ec64974f6319d84a177c /licenses
parentkeyword ~amd64-fbsd (diff)
downloadgentoo-2-56de27dd16a81d316c427f84a6e1fb4c533291b0.tar.gz
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-Adobe Flash Player 11 Beta End User License Agreement
-
-ADOBE SYSTEMS INCORPORATED
-
- Personal Computer Software License Agreement
-
- 1. WARRANTY DISCLAIMER, BINDING AGREEMENT AND ADDITIONAL TERMS AND
- AGREEMENTS.
-
- 1.1 WARRANTY DISCLAIMER. THE SOFTWARE AND OTHER INFORMATION IS
- DELIVERED TO YOU "AS IS" AND WITH ALL FAULTS. ADOBE, ITS SUPPLIERS AND
- CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR
- RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY
- SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY
- WARRANTY, CONDITION, REPRESENTATION OR TERM CANNOT OR MAY NOT BE
- EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION,
- ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO
- WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED
- WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY
- MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY
- RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS
- FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL
- SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS
- SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER
- TERMINATION OF THIS AGREEMENT.
-
- 1.2 BINDING AGREEMENT: By using, copying or distributing all or any
- portion of the Adobe Software, you accept all the terms and conditions
- of this agreement, including, in particular, the provisions on:
- * [20]Use (Section 3);
- * [21]Transferability (Section 5);
- * [22]Connectivity and Privacy (Section 7), including:
- + [23]Updating,
- + [24]Local Storage,
- + [25]Settings Manager,
- + [26]Peer Assisted Networking Technology,
- + [27]Content Protection Technology, and
- + [28]Use of Adobe Online Services;
- * [29]Warranty Disclaimer (Section 1.1), and;
- * [30]Liability Limitations (Sections 10 and 17).
-
- Upon acceptance, this agreement is enforceable against you and any
- entity that obtained the Software and on whose behalf it is used. If
- you do not agree, do not Use the Software.
-
- 1.3 ADDITIONAL TERMS AND AGREEMENTS. Adobe permits you to Use the
- Software only in accordance with the terms of this agreement. Use of
- some third party materials included in the Software may be subject to
- other terms and conditions typically found in a separate license
- agreement, a "Read Me" file located near such materials or in the
- "Third Party Software Notices and/or Additional Terms and Conditions"
- found at [31]http://www.adobe.com/go/thirdparty. Such other terms and
- conditions will supersede all or portions of this agreement in the
- event of a conflict with the terms and conditions of this agreement.
-
- 2. Definitions.
-
- "Adobe" means Adobe Systems Incorporated, a Delaware corporation, 345
- Park Avenue, San Jose, California 95110, if subsection 12(a) of this
- agreement applies; otherwise it means Adobe Systems Software Ireland
- Limited, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland, a
- company organized under the laws of Ireland and an affiliate and
- licensee of Adobe Systems Incorporated.
-
- "Compatible Computer" means a Computer that conforms to the system
- requirements of the Software as specified in the Documentation.
-
- "Computer" means a virtual machine or physical personal electronic
- device that accepts information in digital or similar form and
- manipulates it for a specific result based on a sequence of
- instructions.
-
- "Personal Computer" or "PC" shall mean a hardware product which is
- designed and marketed with the primary purpose of operating a wide
- variety of productivity, entertainment, and other software applications
- provided by unrelated third party software vendors, which operates
- depending upon the use of a full function and full feature set computer
- operating system of the type(s) then in widespread use with hardware to
- operate general purpose laptop, desktop, server and large format tablet
- microprocessor based computers. This definition of Personal Computer
- shall exclude hardware products that are designed and/or marketed to
- have as their primary purpose any number of the following: television,
- television receiver, portable media player, audio/video receiver,
- radio, audio headphone, audio speaker, personal digital assistant
- ("PDA"), telephone or similar telephony based device, game console,
- personal video recorder ("PVR"), player for digital versatile disc
- ("DVD") or other optical media, video camera, still camera, camcorder,
- video editing and format conversion device, video image projection
- device, and shall further exclude any similar type of consumer,
- professional or industrial device.
-
- "Software" means (a) all of the contents of the files (delivered
- electronically or on physical media), or disk(s) or other media with
- which this agreement is provided, which may include (i) Adobe or third
- party computer information or software, including Adobe® Reader®
- ("Adobe Reader"), Adobe AIR® ("Adobe AIR"), Adobe Flash® Player,
- Shockwave® Player and Authorware® Player (collectively, Adobe AIR and
- the Flash, Shockwave and Authorware players are the "Adobe Runtimes");
- (ii) related explanatory written materials or files ("Documentation");
- and (iii) fonts; and (b) upgrades, modified versions, updates,
- additions, and copies of the foregoing, provided to you by Adobe at any
- time (collectively, "Updates").
-
- "Use" means to access, install, download, copy, or otherwise benefit
- from using the functionality of the Software.
-
- 3. Software License.
-
- If you obtained the Software from Adobe or one of its authorized
- licensees, and subject to your compliance with the terms of this
- agreement, including the restrictions in Section 4, Adobe grants to you
- a non-exclusive license to Use the Software in the manner and for the
- purposes described in the Documentation as follows:
-
- 3.1 General Use. You may install and Use one copy of the Software on
- your Compatible Computer. See Section 4 for important restrictions on
- the Use of the Software.
-
- 3.2 Server Use. This agreement does not permit you to install or Use
- the Software on a computer file server. For information on Use of
- Software on a computer file server please refer to
- [32]http://www.adobe.com/go/acrobat_distribute for information about
- Adobe Reader; or [33]http://www.adobe.com/go/licensing for information
- about the Adobe Runtimes.
-
- 3.3 Distribution. This license does not grant you the right to
- sublicense or distribute the Software. For information about obtaining
- the right to distribute the Software on tangible media or through an
- internal network or with your product or service please refer to
- [34]http://www.adobe.com/go/acrobat_distribute for information about
- Adobe Reader; or [35]http://www.adobe.com/go/licensing for information
- about the Adobe Runtimes.
-
- 3.4 Backup Copy. You may make one backup copy of the Software, provided
- your backup copy is not installed or used other than for archival
- purposes. You may not transfer the rights to a backup copy unless you
- transfer all rights in the Software as provided under Section 5.
-
- 4. Obligations and Restrictions.
-
- 4.1 Adobe Runtime Restrictions. You will not Use any Adobe Runtime on
- any non-PC device or with any embedded or device version of any
- operating system. For the avoidance of doubt, and by example only, you
- may not Use an Adobe Runtime on any (a) mobile device, set top box
- (STB), handheld, phone, game console, TV, DVD player, media center
- (other than with Windows XP Media Center Edition and its successors),
- electronic billboard or other digital signage, Internet appliance or
- other Internet-connected device, PDA, medical device, ATM, telematic
- device, gaming machine, home automation system, kiosk, remote control
- device, or any other consumer electronics device, (b) operator-based
- mobile, cable, satellite, or television system or (c) other closed
- system device. No right or license to Use any Adobe Runtime is granted
- for such prohibited uses. For information on Software license terms for
- non-PC versions of Adobe Runtimes please visit
- http://www.adobe.com/go/runtime_mobile_EULA. For information on
- licensing Adobe Runtimes for distribution on such systems please visit
- [36]http://www.adobe.com/go/licensing.
-
- 4.1.1 AVC Video Restrictions. The Software may contain h.264/AVC video
- technology, the use of which requires the following notice from
- MPEG-LA, L.L.C.:
-
- THIS SOFTWARE IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR
- THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (I) ENCODE VIDEO
- IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (II) DECODE
- AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND
- NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER
- LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE
- IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM
- MPEG LA, L.L.C. SEE [37]http://www.mpegla.com.
-
- 4.2 Adobe Flash Player Restrictions. You will not use Adobe Flash
- Player with any application or device that circumvents technological
- measures for the protection of video, audio, and/or data content,
- including any of Adobe's secure RTMP measures. No right or license to
- use Adobe Flash Player is granted for such prohibited uses.
-
- 4.3 Adobe Reader Restrictions.
-
- 4.3.1 Conversion Restrictions. You will not integrate or use Adobe
- Reader with any other software, plug-in or enhancement that uses or
- relies upon Adobe Reader when converting or transforming PDF files into
- a different format (e.g., a PDF file into a TIFF, JPEG, or SVG file).
-
- 4.3.2 Plug-in Restrictions. You will not integrate or use Adobe Reader
- with any plug-in software not developed in accordance with the Adobe
- Integration Key License Agreement, more information can be found at
- [38]http://www.adobe.com/devnet/reader/ikla.html.
-
- 4.3.3 Disabled Features. Adobe Reader may contain features or
- functionalities that are hidden or appear disabled or "grayed out" (the
- "Disabled Features"). Disabled Features will activate only when opening
- a PDF document that was created using enabling technology available
- only from Adobe. You will not access, or attempt to access, any
- Disabled Features other than through the use of such enabling
- technologies, nor will you rely on Adobe Reader to create a feature
- substantially similar to any Disabled Feature or otherwise circumvent
- the technology that controls activation of any such feature. For more
- information on disabled features, please refer to
- [39]http://www.adobe.com/go/readerextensions.
-
- 4.4 Notices. You shall not alter or remove any copyright or other
- proprietary notice that appears on or in the Software.
-
- 4.5 No Modification or Reverse Engineering. You shall not modify,
- adapt, translate or create derivative works based upon the Software.
- You shall not reverse engineer, decompile, disassemble, or otherwise
- attempt to discover the source code of the Software. If you are located
- in the European Union, please refer to the additional terms at the end
- of this agreement under the header "European Union Provisions," in
- Section 16.
-
- 5. Transfer.
-
- You may not rent, lease, sublicense, assign, or transfer your rights in
- the Software, or authorize all or any portion of the Software to be
- copied onto another user's Computer except as may be expressly
- permitted by this agreement. You may, however, transfer all your rights
- to Use the Software to another person or legal entity provided that:
- (a) you also transfer (i) this agreement, and (ii) the Software and all
- other software or hardware bundled or pre-installed with the Software,
- including all copies, Updates, and prior versions, to such person or
- entity, (b) you retain no copies, including backups and copies stored
- on a Computer, and (c) the receiving party accepts the terms and
- conditions of this agreement and any other terms and conditions upon
- which you obtained a valid license to the Software. Notwithstanding the
- foregoing, you may not transfer education, pre-release, or not for
- resale copies of the Software.
-
- 6. Intellectual Property Ownership, Reservation of Rights.
-
- The Software and any authorized copies that you make are the
- intellectual property of Adobe and its suppliers. The structure,
- organization and code of the Software are the valuable intellectually
- property (e.g. trade secrets and confidential information) of Adobe and
- its suppliers. The Software is protected by law, including without
- limitation the copyright laws of the United States and other countries,
- and by international treaty provisions. Except as expressly stated
- herein, this agreement does not grant you any intellectual property
- rights in the Software and all rights not expressly granted are
- reserved by Adobe and its suppliers.
-
- 7. Connectivity and Privacy. You acknowledge and agree to the
- following:
-
- 7.1 Use of PDF Files. When you Use the Software to open a PDF file that
- has been enabled to display ads, your Computer may connect to a website
- operated by Adobe, an advertiser, or other third party. Your Internet
- Protocol address ("IP Address") is sent when this happens. The party
- hosting the site may use technology to send (or "serve") advertising or
- other electronic content that appears in or near the opened PDF file.
- The website operator may also use JavaScript, web beacons (also known
- as action tags or single-pixel gifs), and other technologies to
- increase and measure the effectiveness of advertisements and to
- personalize advertising content. Your communication with Adobe websites
- is governed by the Adobe Online Privacy Policy found at
- [40]http://www.adobe.com/go/privacy ("Adobe Online Privacy Policy").
- Adobe may not have access to or control over features that a third
- party may use, and the information practices of third party websites
- are not covered by the Adobe Online Privacy Policy.
-
- 7.2 Updating. If your Computer is connected to the Internet, the
- Software may, without additional notice, check for Updates that are
- available for automatic download and installation to your Computer and
- let Adobe know the Software is successfully installed. For Reader,
- Updates may be automatically downloaded but not installed without
- additional notice unless you change your preferences to accept
- automatic installation. Only non-personally identifying information is
- transmitted to Adobe when this happens, except to the extent that IP
- Addresses may be considered personally identifiable in some
- jurisdictions. The use of such information, including your IP Address,
- as provided by the auto update process is governed by the Adobe Online
- Privacy Policy. Please consult the Documentation for information about
- changing default update settings, or online at
- [41]http://www.adobe.com/go/settingsmanager for Flash Player,
- [42]http://acrobatsupport.com/turning-off-the-acrobat-updater (or
- successor website) for Reader, and
- [43]http://kb2.adobe.com/cps/403/kb403175.html and
- [44]http://airdownload.adobe.com/air/applications/SettingsManager/Setti
- ngsManager.air for Adobe AIR.
-
- 7.3 Local Storage. Flash Player and Adobe AIR may allow third parties
- to store certain information on your Computer in a local data file
- known as a local shared object. The type and amount of information that
- the third party application requests to be stored in a local shared
- object can vary by application and such requests are solely controlled
- by the third party. You can find more information on local shared
- objects at [45]http://www.adobe.com/go/flashplayer_security. For more
- information on how to limit or control the storage of local shared
- objects on your Computer, please visit
- [46]http://www.adobe.com/go/settmgr_storage_en.
-
- 7.4 Settings Manager. Flash Player and Adobe AIR may cause certain user
- settings to be stored on your Computer as a local shared object. These
- settings are associated with the instance of Flash Player or Adobe AIR
- on your Computer, but do not contain personally identifiable
- information associated with you, and allow you to configure certain
- settings within the Flash Player including the ability to limit third
- parties from storing local shared objects. You can find more
- information on how to configure your version of Flash Player or Adobe
- AIR, including how to disable local shared objects in the Settings
- Manager for Flash Player, at
- [47]http://www.adobe.com/go/settingsmanager, or
- [48]http://airdownload.adobe.com/air/applications/SettingsManager/Setti
- ngsManager.air for Adobe AIR.
-
- 7.5 Peer Assisted Networking Technology. Adobe Flash Player and Adobe
- AIR runtimes provide the ability for applications built by third
- parties to connect to an Adobe Server or Service and permit direct
- communication between two Adobe Runtime clients or to connect an Adobe
- Runtime client as part of a peer or distributed network that allows a
- portion of your resources, such as network bandwidth, to be made
- directly available to other participants. Prior to joining such peer or
- distributed network, you will be provided with the opportunity to
- accept such connectivity. To manage Peer Assisted Networking settings,
- please go to the Settings Manager at
- [49]http://www.adobe.com/go/settmgr_networking_en. You can find more
- information on Peer Assisted Networking at
- [50]http://www.adobe.com/go/RTMFP.
-
- 7.6 Content Protection Technology. If you Use the Adobe Runtimes to
- access content that has been protected with Adobe Flash Media Rights
- Management Server or Flash Access software ("Content Protection"), in
- order to let you play the protected content, the Software may
- automatically request media usage rights and individualization rights
- from a rights server on the Internet, and may download and install
- required components of the Software, including any available Content
- Protection Updates. You can find more information on Content Protection
- at [51]http://www.adobe.com/go/protected_content.
-
- 7.7 Use of Adobe Online Services. If your Computer is connected to the
- Internet, the Software may, without additional notice and on an
- intermittent or regular basis, facilitate your access to content and
- services that are hosted on websites maintained by Adobe or its
- affiliates ("Adobe Online Services"). Examples of such Adobe Online
- Services might include, but are not limited to: Acrobat.com. In some
- cases an Adobe Online Service might appear as a feature or extension
- within the Software even though it is hosted on a website. In some
- cases, access to an Adobe Online Service might require a separate
- subscription or other fee in order to access it, and/or your assent to
- additional terms of use. Adobe Online Services might not be available
- in all languages or to residents of all countries and Adobe may, at any
- time and for any reason, modify or discontinue the availability of any
- Adobe Online Service. Adobe also reserves the right to begin charging a
- fee for access to or use of an Adobe Online Service that was previously
- offered at no charge. If your Computer is connected to the Internet,
- the Software may, without additional notice, update downloadable
- materials from these Adobe Online Services so as to provide immediate
- availability of these Adobe Online Services even when you are offline.
- When the Software connects to the Internet, no personally identifiable
- information is sent except to the extent that IP Addresses may be
- considered personally identifiable in some jurisdictions.
- Notwithstanding the foregoing, if you sign on to Acrobat.com your user
- name and password may be sent to Adobe's servers and stored by Adobe in
- accordance with the Acrobat.com Additional Terms of Use. Whenever the
- Software makes an Internet connection and communicates with an Adobe
- website, whether automatically or due to explicit user request, the
- Adobe Online Privacy Policy shall apply. Additionally, unless you are
- provided with separate terms of use at that time, the Adobe.com Terms
- of Use ([52]http://www.adobe.com/go/terms) shall apply. Please note
- that the Adobe Privacy Policy allows tracking of website visits and it
- addresses in detail the topic of tracking and use of cookies, web
- beacons and similar devices.
-
- 8. Third Party Offerings. You acknowledge and agree to the following:
-
- 8.1 Third Party Offerings. The Software may allow you to access and
- interoperate with third party content, software applications, and data
- services, including rich Internet applications ("Third Party
- Offerings"). Your access to and use of any Third Party Offering,
- including any goods, services, or information, is governed by the terms
- and conditions respecting such offerings and copyright laws of the
- United States and other countries. Third Party Offerings are not owned
- or provided by Adobe. You agree that you will not use any of such Third
- Party Offerings in violation of copyright laws of the United States or
- other countries.Adobe or the third party may at any time, for any
- reason, modify or discontinue the availability of any Third Party
- Offerings. Adobe does not control, endorse or accept responsibility for
- Third Party Offerings. Any dealings between you and any third party in
- connection with a Third Party Offerings, including such party's privacy
- policies and use of your personal information, delivery of and payment
- for goods and services and any other terms, conditions, warranties or
- representations associated with such dealings, are solely between you
- and such third party. Third Party Offerings might not be available in
- all languages or to residents of all countries and Adobe or the third
- party may, at any time and for any reason, modify or discontinue the
- availability of any Third Party Offerings.
-
- 8.2 EXCEPT AS EXPRESSLY AGREED BY ADOBE OR ITS AFFILIATES OR A THIRD
- PARTY IN A SEPARATE AGREEMENT, YOUR USE OF ADOBE AND THIRD PARTY
- OFFERINGS IS AT YOUR OWN RISK UNDER THE WARRANTY AND LIABILITY
- LIMITATIONS OF SECTIONS 1.1 AND 10.
-
- 9. Digital Certificates. You acknowledge and agree to the following:
-
- 9.1 Use. Adobe AIR uses digital certificates to help you identify the
- publisher of Adobe AIR applications created by third parties.
- Additionally, Adobe AIR uses digital certificates to establish the
- identity of servers accessed via the Transport Layer Security (TLS)
- protocol, including access via HTTPS. Adobe Reader uses digital
- certificates to sign and validate signatures within PDF documents and
- to validate certified PDF documents. Adobe Runtimes use digital
- certificates to secure protected content from unauthorized usage. Your
- Computer may connect to the Internet at the time of validation of a
- digital certificate in order to download current certificate revocation
- lists (CRLs) or to update the list of digital certificates. This access
- may be made both by the Software and by applications based on the
- Software. Digital certificates are issued by third party certificate
- authorities, including Adobe Certified Document Services (CDS) vendors
- listed at [53]http://www.adobe.com/go/partners_cds and Adobe Approved
- Trust List (AATL) vendors listed at
- [54]http://www.adobe.com/security/approved-trust-list.html, and
- individualization vendors found at
- [55]http://www.adobe.com/go/protected_content (collectively
- "Certification Authorities"), or can be self-signed.
-
- 9.2 Terms and Conditions. Purchase, use and reliance upon digital
- certificates are the responsibility of you and a Certification
- Authority. Before you rely upon any certified document, digital
- signature or Certification Authority services, you should review the
- applicable terms and conditions under which the relevant Certification
- Authority provides services, including, for example, any subscriber
- agreements, relying party agreements, certificate policies and practice
- statements. See the links on [56]http://www.adobe.com/go/partners_cds
- for information about Adobe's CDS vendors and
- [57]http://www.adobe.com/security/approved-trust-list.html for
- information about Adobe's AATL vendors.
-
- 9.3 Acknowledgement. You agree that (a) a digital certificate may have
- been revoked prior to the time of verification, making the digital
- signature or certificate appear valid when in fact it is not, (b) the
- security or integrity of a digital certificate may be compromised due
- to an act or omission by the signer of the document, the applicable
- Certification Authority, or any other third party, and (c) a
- certificate may be a self-signed certificate not provided by a
- Certification Authority. YOU ARE SOLELY RESPONSIBLE FOR DECIDING
- WHETHER OR NOT TO RELY ON A CERTIFICATE. UNLESS A SEPARATE WRITTEN
- WARRANTY IS PROVIDED TO YOU BY A CERTIFICATION AUTHORITY, YOU USE
- DIGITAL CERTIFICATES AT YOUR SOLE RISK.
-
- 9.4 Third Party Beneficiaries. You agree that any Certification
- Authority you rely upon is a third party beneficiary of this agreement
- and shall have the right to enforce this agreement in its own name as
- if it were Adobe.
-
- 9.5 Indemnity. You agree to hold Adobe and any applicable Certification
- Authority (except as expressly provided in its terms and conditions)
- harmless from any and all liabilities, losses, actions, damages, or
- claims (including all reasonable expenses, costs, and attorneys fees)
- arising out of or relating to any use of, or reliance on, any service
- of such authority, including, without limitation (a) reliance on an
- expired or revoked certificate, (b) improper verification of a
- certificate, (c) use of a certificate other than as permitted by any
- applicable terms and conditions, this agreement or applicable law; (d)
- failure to exercise reasonable judgment under the circumstances in
- relying on issuer services or certificates or (e) failure to perform
- any of the obligations as required in the terms and conditions related
- to the services.
-
- 10. Limitation of Liability.
-
- IN NO EVENT WILL ADOBE, ITS SUPPLIERS, OR CERTIFICATION AUTHORITIES BE
- LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY
- CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR
- LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE
- POSSIBILITY OF SUCH LOSS, DAMAGES, OR CLAIMS. THE FOREGOING LIMITATIONS
- AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR
- JURISDICTION. ADOBE'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS AND
- CERTIFICATION AUTHORITIES UNDER OR IN CONNECTION WITH THIS AGREEMENT
- SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing
- contained in this agreement limits Adobe's liability to you in the
- event of death or personal injury resulting from Adobe's negligence or
- for the tort of deceit (fraud). Adobe is acting on behalf of its
- suppliers and Certification Authorities for the purpose of disclaiming,
- excluding and/or limiting obligations, warranties and liability as
- provided in this agreement, but in no other respects and for no other
- purpose. For further information, please see the jurisdiction specific
- information at the end of this agreement, if any, or contact Adobe's
- Customer Support Department.
-
- 11. Export Rules.
-
- You agree that the Software will not be shipped, transferred, or
- exported into any country or used in any manner prohibited by the
- United States Export Administration Act or any other export laws,
- restrictions or regulations (collectively the "Export Laws"). In
- addition, if the Software is identified as export controlled items
- under the Export Laws, you represent and warrant that you are not a
- citizen, or otherwise located within, an embargoed nation (including
- without limitation Iran, Syria, Sudan, Cuba, and North Korea) and that
- you are not otherwise prohibited under the 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.
-
- 12. Governing Law.
-
- This agreement will be governed by and construed in accordance with the
- substantive laws in force: (a) in the State of California, if a license
- to the Software is obtained when you are in the United States, Canada,
- or Mexico; or (b) in Japan, if a license to the Software is obtained
- when you are in Japan, China, Korea, or other Southeast Asian country
- where all official languages are written in either an ideographic
- script (e.g., Hanzi, Kanji, or Hanja), and/or other script based upon
- or similar in structure to an ideographic script, such as Hangul or
- Kana; or (c) in England, if a license to the Software is obtained when
- you are in any other jurisdiction not described above. The respective
- courts of Santa Clara County, California when California law applies,
- Tokyo District Court in Japan, when Japanese law applies, and the
- competent courts of England, when the law of England applies, shall
- each have non-exclusive jurisdiction over all disputes relating to this
- agreement. This agreement will not be governed by the conflict of law
- rules of any jurisdiction or the United Nations Convention on Contracts
- for the International Sale of Goods, the application of which is
- expressly excluded.
-
- 13. General Provisions.
-
- If any part of this agreement is found void and unenforceable, it will
- not affect the validity of the balance of this agreement, which shall
- remain valid and enforceable according to its terms. This agreement
- shall not prejudice the statutory rights of any party dealing as a
- consumer. This agreement may only be modified by a writing signed by an
- authorized officer of Adobe. Updates may be licensed to you by Adobe
- with additional or different terms. This is the entire agreement
- between Adobe and you relating to the Software and it supersedes any
- prior representations, discussions, undertakings, communications, or
- advertising relating to the Software.
-
- 14. Notice to U.S. Government End Users.
-
- For U.S. Government End Users, Adobe agrees to comply with all
- applicable equal opportunity laws including, if appropriate, the
- provisions of Executive Order 11246, as amended, Section 402 of the
- Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212),
- and Section 503 of the Rehabilitation Act of 1973, as amended, and the
- regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The
- affirmative action clause and regulations contained in the preceding
- sentence shall be incorporated by reference in this agreement.
-
- 15. Compliance with Licenses.
-
- If you are a business or organization, you agree that upon request from
- Adobe or Adobe's authorized representative, you will, within thirty
- (30) days, fully document and certify that use of any and all Software
- at the time of the request is in conformity with your valid licenses
- from Adobe.
-
- 16. European Union Provisions.
-
- Nothing included in this agreement (including Section 4.5) shall limit
- any non-waivable right to decompile the Software that you may enjoy
- under mandatory law. For example, if you are located in the European
- Union (EU), you may have the right upon certain conditions specified in
- the applicable law to decompile the Software if it is necessary to do
- so in order to achieve interoperability of the Software with another
- software program, and you have first asked Adobe in writing to provide
- the information necessary to achieve such interoperability and Adobe
- has not made such information available. In addition, such
- decompilation may only be done by you or someone else entitled to use a
- copy of the Software on your behalf. Adobe has the right to impose
- reasonable conditions before providing such information. Any
- information supplied by Adobe or obtained by you, as permitted
- hereunder, may only be used by you for the purpose described herein and
- may not be disclosed to any third party or used to create any software
- which is substantially similar to the expression of the Software or
- used for any other act which infringes Adobe or its licensors'
- copyright.
-
- 17. Specific Provisions and Exceptions.
-
- 17.1 Limitation of Liability for Users Residing in Germany and Austria.
-
- 17.1.1 If you obtained the Software in Germany or Austria, and you
- usually reside in such country, then Section 10 does not apply.
- Instead, subject to the provisions in Section 17.1.2, Adobe's statutory
- liability for damages shall be limited as follows: (a) Adobe shall be
- liable only up to the amount of damages as typically foreseeable at the
- time of entering into the license agreement in respect of damages
- caused by a slightly negligent breach of a material contractual
- obligation and (b) Adobe shall not be liable for damages caused by a
- slightly negligent breach of a non-material contractual obligation.
-
- 17.1.2 The aforesaid limitation of liability shall not apply to any
- mandatory statutory liability, in particular, to liability under the
- German Product Liability Act, liability for assuming a specific
- guarantee or liability for culpably caused personal injuries.
-
- 17.1.3 You are required to take all reasonable measures to avoid and
- reduce damages, in particular to make back-up copies of the Software
- and your computer data subject to the provisions of this agreement.
-
- If you have any questions regarding this agreement, or if you wish to
- request any information from Adobe, please use the address and contact
- information included with this product or via the web at
- [58]http://www.adobe.com to contact the Adobe office serving your
- jurisdiction.
-
- Adobe, Adobe AIR, AIR, Authorware, Flash, Reader, and Shockwave are
- either registered trademarks or trademarks of Adobe Systems
- Incorporated in the United States and/or other countries.
-
- PlatformClients_PC_WWEULA-en_US-20100108_1657