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diff --git a/licenses/AdobeFlash-10 b/licenses/AdobeFlash-10 deleted file mode 100644 index 547f38301532..000000000000 --- a/licenses/AdobeFlash-10 +++ /dev/null @@ -1,381 +0,0 @@ -ADOBE SYSTEMS INCORPORATED -ADOBE® SOFTWARE LICENSE AGREEMENT -NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING, COPYING -OR DISTRIBUTING ALL OR ANY PORTION OF THE ADOBE SOFTWARE ("SOFTWARE") -YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, -IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; -TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 7; AND LIABILITY IN -SECTION 8. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY -WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS -ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE -SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE, DO NOT -USE THIS SOFTWARE. - -Adobe and its suppliers own all intellectual property in the Software. 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 http://www.adobe.com/go/thirdparty. - -1. Definitions. "Software" means (a) all of the contents of the files (provided either by electronic -download, on physical media or any other method of distribution), disk(s), CD-ROM(s) or other -media with which this Agreement is provided, including but not limited to (i) Adobe or third party -computer information or software, including the Adobe Reader® ("Adobe Reader"), Adobe Flash® -Player, Shockwave® Player and Authorware® Player (collectively, the Flash, Shockwave and -Authorware players, are the "Web Players"); (ii) related explanatory written materials or files -("Documentation"); and (iii) fonts; and (b) upgrades, modified versions, updates, additions, and -copies of the Software, if any, licensed to you by Adobe (collectively, "Updates"). "Use" or "Using" -means to access, install, download, copy, or otherwise benefit from using the functionality of the -Software in accordance with the Documentation. "Permitted Number" means one (1) unless -otherwise indicated under a valid license (e.g., volume license) granted by Adobe. "Computer" -means an electronic device that accepts information in digital or similar form and manipulates it for -a specific result based on a sequence of instructions. "Adobe" means Adobe Systems Incorporated, a -Delaware corporation, 345 Park Avenue, San Jose, California 95110, if subsection 9(a) of this -Agreement applies; otherwise it means Adobe Systems Software Ireland Limited, Unit 3100, Lake -Drive, City West Campus, Saggart D24, Republic of Ireland, a company organized under the laws of -Ireland and an affiliate and licensee of Adobe Systems Incorporated. - -2. 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 (this "Agreement"), including the -restrictions in Setion 3, Adobe grants to you a non-exclusive license to Use the Software for the -purposes described in the Documentation as follows. -2.1 General Use. You may install and Use a copy of the Software on your compatible Computer, up -to the Permitted Number of computers. The Software may not be shared, installed or used -concurrently on different computers. See Section 3 for important restrictions on the Use of Adobe -Reader and Web Players. -2.2 Server Use and Distribution. -2.2.1 You may install one copy of the Adobe Reader on a computer file server within your internal -network for the sole and exclusive purpose of (a) using the Software (from an unlimited number of -client computers on your internal network) via (i) the Network File System (NFS) for UNIX -versions of the Software or (ii) Windows Terminal Services and (b) allowing for printing within your -internal network. Unless otherwise expressly permitted hereunder, no other server or network use of -the Software is permitted, including but not limited to use of the Software (i) either directly or -through commands, data or instructions from or to another computer or (ii) for internal network, -internet or web hosting services. -2.2.2 For information on how to distribute the Software on tangible media or through an internal -network please refer to the sections entitled "How to Distribute Adobe Reader" at -http://www.adobe.com/products/acrobat/distribute.html; or "Distribute Macromedia Web Players" at -http://www.adobe.com/licensing. -2.3 Backup Copy. You may make one backup copy of the Software, provided your backup copy is -not installed or used on any Computer. You may not transfer the rights to a backup copy unless you -transfer all rights in the Software as provided under Section 4. -2.4 Portable or Home Computer Use. If and only if the Software is Adobe Reader, in addition to the -single copy permitted under Sections 2.1 and 2.2, the primary user of the Computer on which the -Software is installed may make a second copy of the Software for his or her exclusive Use on either -a portable Computer or a Computer located at his or her home, provided the Software on the portable -or home Computer is not used at the same time as the Software on the primary computer. -2.5 No Modification. -2.5.1 You may not modify, adapt, translate or create derivative works based upon the Software. You -may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code -of the Software except to the extent you may be expressly permitted to decompile under applicable -law, it is essential to do so in order to achieve operability of the Software with another software -program, and you have first requested Adobe to provide the information necessary to achieve such -operability and Adobe has not made such information available. Adobe has the right to impose -reasonable conditions and to request a reasonable fee before providing such information. Any such -information supplied by Adobe and any information obtained by you by such permitted -decompilation 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. Requests for information should be directed to the Adobe Customer Support -Department. -2.5.2 As an exception to the above, you may customize or extend the functionality of the installer -for the Adobe Reader as specifically allowed by instructions found at http://www.adobe.com/support -or http://www.adobe.com/go/reader_developer (e.g., installation of additional plug-in and help files). -You may not otherwise alter or modify the Software or create a new installer for the Software. The -Adobe Reader is licensed and distributed by Adobe for viewing, distributing and sharing PDF files. -2.6 Third Party Website Access. The Software may allow you to access third party websites ("Third -Party Sites"). Your access to and use of any Third Party Sites, including any goods, services or -information made available from such sites, is governed by the terms and conditions found at each -Third Party Site, if any. Third Party Sites are not owned or operated by Adobe. YOUR USE OF -THIRD PARTY SITES IS AT YOUR OWN RISK. ADOBE MAKES NO WARRANTIES, -CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, -WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY -OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD -PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, -SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR -PURPOSE WITH RESPECT TO THE THIRD PARTY SITES. -2.7 Certified Documents. -2.7.1 Certified Documents and CD Services. The Software may allow you to validate Certified -Documents. A "Certified Document" or “CD” is a PDF file that has been digitally signed using (a) a -certificate and (b) a “private” encryption key that corresponds to the “public” key in the certificate. -Validation of a CD requires CD Services from the CD Service Provider that issued the certificate. -“CD Service Provider” is an independent third party service vendor listed at -http://www.adobe.com/security/partners_cds.html. “CD Services” are services provided by CD -Service Providers, including without limitation (i) certificates issued by such CD Service Provider -for use with the Software’s CD feature set, (ii) services related to issuance of certificates, and (iii) -other services related to certificates, including without limitation verification services. -2.7.2 CD Service Providers. Although the Software may provide validation features, Adobe does -not supply the necessary CD Services required to use these features. Purchasing, availability and -responsibility for the CD Services are between you and the CD Service Provider. Before you rely -upon any CD, any digital signature applied thereto, and/or any related CD Services, you must first -review and agree to the applicable Issuer Statement and this Agreement. “Issuer Statement” means -the terms and conditions under which each CD Service Provider offers CD Services (see the links on -http://www.adobe.com/security/partners_cds.html), including for example any subscriber -agreements, relying party agreements, certificate policies and practice statements, and Section 2.7 of -this Agreement. By validating a CD using CD Services, you acknowledge and agree that (a) the -certificate used to digitally sign a CD may be revoked at the time of verification, making the digital -signature on the CD appear valid when in fact it is not, (b) the security or integrity of a CD may be -compromised due to an act or omission by the signer of the CD, the applicable CD Service Provider, -or any other third party and (c) you must read, understand, and be bound by the applicable Issuer -Statement. -2.7.3 Warranty Disclaimer. CD Service Providers offer CD Services solely in accordance with the -applicable Issuer Statement. ACCESS TO THE CD SERVICES THROUGH THE USE OF THE -SOFTWARE IS MADE AVAILABLE ON AN “AS IS” BASIS ONLY AND WITHOUT ANY -WARRANTY OR INDEMNITY OF ANY KIND (EXCEPT AS SUPPLIED BY A CD SERVICES -PROVIDER IN ITS ISSUER STATEMENT). ADOBE AND EACH CD SERVICE PROVIDER -(EXCEPT AS EXPRESSLY PROVIDED IN ITS ISSUER STATEMENT) MAKE NO -WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS -OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR -OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON- -INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, -SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS -FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE CD SERVICES. -2.7.4 Indemnity. You agree to hold Adobe and any applicable CD Service Provider (except as -expressly provided in its Issuer Statement) 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 CD Service, 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 Issuer Statement, this Agreement or applicable law; (d) failure to -exercise reasonable judgment under the circumstances in relying on the CD Services or (e) failure to -perform any of the obligations as required in an applicable Issuer Statement. -2.7.5 Limit of Liability. UNDER NO CIRCUMSTANCES WILL ADOBE OR ANY CD SERVICE -PROVIDER (EXCEPT AS EXPRESSLY SET FORTH IN ITS ISSUER STATEMENT) BE LIABLE -TO YOU, OR ANY OTHER PERSON OR ENTITY, FOR ANY LOSS OF USE, REVENUE OR -PROFIT, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS OR -FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, PUNITIVE, -EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO YOUR USE -OR RELIANCE UPON CD SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH -DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. THIS LIMITATION SHALL -APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A -BREACH OF THE FUNDAMENTAL OR MATERIALTERMS OF THIS AGREEMENT. -2.7.6 Third Party Beneficiaries. You agree that any CD Service Provider you utilize shall be a third -party beneficiary with respect to this Section 2.7 of this Agreement, and that such CD Service -Provider shall have the right to enforce such provisions in its own name as if the CD Service -Provider were Adobe. - -3. Restrictions. -3.1 Web Player Prohibited Devices. You may not Use any Web Player 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 a Web Player on any (a) mobile devices, set top boxes (STB), -handhelds, phones, web pads, tablets and Tablet PCs that are not running Windows XP Tablet PC -Edition, game consoles, TVs, DVD players, media centers (excluding Windows XP Media Center -Edition and its successors), electronic billboards or other digital signage, internet appliances or other -internet-connected devices, PDAs, medical devices, ATMs, telematic devices, gaming machines, -home automation systems, kiosks, remote control devices, or any other consumer electronics device, -(b) operator-based mobile, cable, satellite, or television systems or (c) other closed system devices. -3.2 Notices. You shall not copy the Software except as set forth in Section 2. Any copy of the -Software that you make must contain the same copyright and other proprietary notices that appear on -or in the Software. -3.3 Document Features. The Software may contain features and functionality (the “Document -Features”) that appear disabled or “grayed out.” These Document Features will only activate when -opening a PDF document that was created using corresponding enabling technology available only -from Adobe (“Keys”). You agree not to access, or attempt to access, disabled Document Features or -otherwise circumvent the permissions that control activation of such Document Features. You may -only use the Document Features with PDF documents that have been enabled using Keys obtained -under a valid license from Adobe. No other use is permitted. -3.4 Adobe Reader Restrictions. You are not authorized to integrate or use the Adobe Reader with -any other software, plug-in or enhancement that uses or relies upon the the Adobe Reader when -converting or transforming PDF files into other file formats (e.g., a PDF file into a TIFF, JPEG, or -SVG file). You are not authorized to integrate or use the Adobe Reader with any plug-in software -not developed in accordance with the Adobe Integration Key License Agreement. Further, you are -not permitted to integrate or use the Adobe Reader with other software, or access PDF files that -contain instructions (e.g., JavaScript), in order to (a) save data locally (on the same Computer), (b) -create a file that contains data (e.g., an XML or comments file) or (c) save modifications to a PDF -file, except when such saving or creation is allowed through the use of Document Feature(s) enabled -by Adobe. - -4. 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 herein. 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 legally purchased -a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre- -release, or not for resale copies of the Software. - -5. Intellectual Property Ownership, Copyright Protection. The Software and any authorized copies -that you make are the intellectual property of and are owned by Adobe Systems Incorporated and its -suppliers. The structure, organization and code of the Software are the valuable trade secrets and -confidential information of Adobe Systems Incorporated 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. - -6. Updates. If the Software is an Update to a previous version of the Software, you must possess a -valid license to such previous version in order to Use such Update. All Updates are provided to you -on a license exchange basis. You agree that by Using an Update you voluntarily terminate your right -to use any previous version of the Software. As an exception, you may continue to Use previous -versions of the Software on your Computer after you Use the Update but only to assist you in the -transition to the Update, provided that: (a) the Update and the previous versions are installed on the -same computer; (b) the previous versions or copies thereof are not transferred to another party or -Computer unless all copies of the Update are also transferred to such party or Computer; and (c) you -acknowledge that any obligation Adobe may have to support the previous versions of the Software -may be ended upon availability of the Update. - -7. NO WARRANTY. The Software is being delivered to you "AS IS" and Adobe makes no -warranty as to its use or performance. Adobe provides no technical support, warranties or remedies -for the Software. ADOBE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE -PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT -FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO -WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW -APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS 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 Section 7 and Section 8 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. - -8. LIMITATION OF LIABILITY. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE -LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR 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, CLAIMS OR COSTS OR FOR ANY CLAIM BY -ANY THIRD PARTY. 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 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 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. - -9. 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, Libya, 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. - -10. 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) England, if -a license to the Software is purchased 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. - -11. 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. - -12. Notice to U.S. Government End Users. The Software and Documentation are "Commercial -Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" -and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 -or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 -through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer -Software Documentation are being licensed to U.S. Government end users (a) only as Commercial -Items and (b) with only those rights as are granted to all other end users pursuant to the terms and -conditions herein. Unpublished-rights reserved under the copyright laws of the United States. Adobe -Systems Incorporated, 345 Park Avenue, San Jose, CA 95110-2704, USA. 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. - -13. 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. - -14. Specific Provisions and Exceptions. -14.1 Limited Warranty for Users Residing in Germany or Austria. If you obtained the Software in -Germany or Austria, and you usually reside in such country, then Section 7 does not apply, instead, -Adobe warrants that the Software provides the functionalities set forth in the Documentation (the -"agreed upon functionalities") for the limited warranty period following receipt of the Software -when used on the recommended hardware configuration. As used in this Section, "limited warranty -period" means one (1) year if you are a business user and two (2) years if you are not a business user. -Non-substantial variation from the agreed upon functionalities shall not be considered and does not -establish any warranty rights. THIS LIMITED WARRANTY DOES NOT APPLY TO SOFTWARE -PROVIDED TO YOU FREE OF CHARGE, FOR EXAMPLE, UPDATES, PRE-RELEASE, -TRYOUT, PRODUCT SAMPLER, NOT FOR RESALE (NFR) COPIES OF SOFTWARE, OR -SOFTWARE THAT HAS BEEN ALTERED BY YOU, TO THE EXTENT SUCH ALTERATIONS -CAUSED A DEFECT. To make a warranty claim, during the limited warranty period you must -return, at our expense, the Software and proof of purchase to the location where you obtained it. If -the functionalities of the Software vary substantially from the agreed upon functionalities, Adobe is -entitled -- by way of re-performance and at its own discretion -- to repair or replace the Software. If -this fails, you are entitled to a reduction of the purchase price (reduction) or to cancel the purchase -agreement (rescission). For further warranty information, please contact Adobe’s Customer Support -Department -14.2 Limitation of Liability for Users Residing in Germany and Austria. -14.2.1 If you obtained the Software in Germany or Austria, and you usually reside in such country, -then Section 8 does not apply, Instead, subject to the provisions in Section 14.2.2, Adobe's statutory -liability for damages shall be limited as follows: (i) Adobe shall be liable only up to the amount of -damages as typically foreseeable at the time of entering into the purchase agreement in respect of -damages caused by a slightly negligent breach of a material contractual obligation and (ii) Adobe -shall not be liable for damages caused by a slightly negligent breach of a non-material contractual -obligation. -14.2.2 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. -14.2.3 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. -14.3 Pre-release Product Additional Terms. If the product you have received with this license is pre- -commercial release or beta Software ("Pre-release Software"), then the following Section applies. -To the extent that any provision in this Section is in conflict with any other term or condition in this -Agreement, this Section shall supercede such other term(s) and condition(s) with respect to the Pre- -release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the -Software is a pre-release version, does not represent final product from Adobe, and may contain -bugs, errors and other problems that could cause system or other failures and data loss. -Consequently, the Pre-release Software is provided to you "AS-IS", and Adobe disclaims any -warranty or liability obligations to you of any kind. WHERE LIABILITY CANNOT BE -EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, ADOBE’S -LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF FIFTY -DOLLARS (U.S. $50) IN TOTAL. You acknowledge that Adobe has not promised or guaranteed to -you that Pre-release Software will be announced or made available to anyone in the future, Adobe -has no express or implied obligation to you to announce or introduce the Pre-release Software and -that Adobe may not introduce a product similar to or compatible with the Pre-release Software. -Accordingly, you acknowledge that any research or development that you perform regarding the Pre- -release Software or any product associated with the Pre-release Software is done entirely at your -own risk. During the term of this Agreement, if requested by Adobe, you will provide feedback to -Adobe regarding testing and use of the Pre-release Software, including error or bug reports. If you -have been provided the Pre-release Software pursuant to a separate written agreement, such as the -Adobe Systems Incorporated Serial Agreement for Unreleased Products, your use of the Software is -also governed by such agreement. You agree that you may not and certify that you will not -sublicense, lease, loan, rent, assign or transfer the Pre-release Software. Upon receipt of a later -unreleased version of the Pre-release Software or release by Adobe of a publicly released -commercial version of the Software, whether as a stand-alone product or as part of a larger product, -you agree to return or destroy all earlier Pre-release Software received from Adobe and to abide by -the terms of the license agreement for any such later versions of the Pre-release Software. -Notwithstanding anything in this Section to the contrary, if you are located outside the United States -of America, you agree that you will return or destroy all unreleased versions of the Pre-release -Software within thirty (30) days of the completion of your testing of the Software when such date is -earlier than the date for Adobe's first commercial shipment of the publicly released (commercial) -Software. -14.4 Settings Manager. Use of the Web Players, specifically the Flash Player, will enable the -Software to store certain user settings as a local shared object on a your Computer. These settings are -not associated with you, but allow you to configure certain settings within the Flash Player. You can -find more information on local shared objects at http://www.adobe.com/software/flashplayer/security -and more information on the Settings Manager at http://www.adobe.com/go/settingsmanager. - - -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 -www.adobe.com to contact the Adobe office serving your jurisdiction - -Adobe, Authorware, Flash, Reader, and Shockwave are either registered trademarks or trademarks of -Adobe Systems Incorporated in the United States and/or other countries. - - -Reader_Player_WWEULA-en_US-20060724_1430 |