| http://www.adobe.com/products/eulas/pdfs/PlatformClients_PC_WWEULA-MULTI-20110809_1357.pdf |
| |
| ADOBE |
| 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: |
| |
| - Use (Section 3); |
| - Transferability (Section 5); |
| - Connectivity and Privacy (Section 7), including: |
| - Updating, |
| - Local Storage, |
| - Settings Manager, |
| - Peer Assisted Networking Technology, |
| - Content Protection Technology, and |
| - Use of Adobe Online Services; |
| - Warranty Disclaimer (Section 1.1), and; |
| - 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 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 |
| http://www.adobe.com/go/acrobat_distribute for information about Adobe Reader; or |
| 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 |
| http://www.adobe.com/go/acrobat_distribute for information about Adobe Reader; or |
| 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 |
| 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 http://www.adobe.com/go/mpegla. |
| |
| 4.1.2 H.264/AVC Software Encoding. The H.264/AVC software encoding functionality available in the |
| Adobe Runtimes is licensed solely for personal, non-commercial use. For more information on |
| obtaining the right to use the H.264/AVC software encoding functionality for commercial purposes, |
| please refer to http://www.adobe.com/go/licensing. |
| |
| 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 http://www.adobe.com/go/rikla_program. |
| |
| 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 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 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 at http://www.adobe.com/go/settingsmanager for |
| Flash Player, http://www.adobe.com/go/update_details_url (or successor website) for Reader, and |
| http://www.adobe.com/go/air_update_details 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 controlled by the third party. To find more information on local shared objects and |
| learn how to limit or control the storage of local shared objects on your Computer, please visit |
| http://www.adobe.com/go/flashplayer_security. |
| |
| 7.4 Settings Manager. Flash Player and third-party programs using Adobe AIR may save certain user |
| settings by storing them on your Computer as a local shared object. These settings do not contain |
| personally identifiable information associated with you. They are associated with the instance of Flash |
| Player or the third-party program using Adobe AIR on your Computer, allowing you to customize |
| runtime features. The Flash Player Settings Manager permits you to modify such settings, including the |
| ability to limit third parties from storing local shared objects or grant third party content the right to |
| access your computer’s microphone and camera. You can find more information on how to configure |
| settings in your version of Flash Player, including information on how to disable local shared objects |
| using the Flash Player Settings Manager, at http://www.adobe.com/go/settingsmanager. You can |
| remove equivalent settings for third-party programs using Adobe AIR by uninstalling the third-party |
| program. |
| |
| 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. You can manage Peer Assisted |
| Networking settings using the Flash Player Settings Manager. Learn more about using the Settings |
| Manager at http://www.adobe.com/go/settingsmanager. You can find more information on Peer |
| Assisted Networking at 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 from a server on the Internet, and may download and install |
| required components of the Software, including any available Content Protection Updates. You can |
| clear the content license information using the Flash Player Settings Manager. Learn more about using |
| the Settings Manager at http://www.adobe.com/go/settingsmanager. You can find more information on |
| Content Protection at 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 as a function of an Adobe Online Service, your IP Address, user name, |
| and password may be sent to Adobe’s servers and stored by Adobe in accordance with the Additional |
| Terms of Use or the “help” menu in the Software. This information may be used by Adobe to send you |
| transactional messages to facilitate the Adobe Online Service. Adobe may display in-product marketing |
| to provide information about the Software and other Adobe products and Services, including but not |
| limited to Adobe Online Services, based on certain Software specific features including but not limited |
| to, the version of the Software, including without limitation, platform version, version of the Software, |
| and language. For further information about in-product marketing, please see the “help” menu in the |
| Software. 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 (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 http://www.adobe.com/go/partners_cds and Adobe Approved Trust |
| List (AATL) vendors listed at http://www.adobe.com/go/aatl, and individualization vendors found at |
| 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 |
| http://www.adobe.com/go/partners_cds for information about Adobe’s CDS vendors and |
| http://www.adobe.com/go/aatl 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, by you or any third party that receives a document from you with a digital certificate, |
| 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. |
| |
| If you are a consumer who uses the Software for only personal non-business purposes, then this |
| agreement will be governed by the laws of the state in which you purchased the license to use the |
| Software. If you are not such a consumer, this agreement will be governed by and construed in |
| accordance with the substantive laws in force in: (a) the State of California, if a license to the Software is |
| obtained when you are in the United States, Canada, or Mexico; or (b) Japan, if a license to the Software |
| is obtained when you are in Japan; or (c) Singapore, if a license to the Software is obtained when you |
| are in a member state of the Association of Southeast Asian Nations, the People’s Republic of China |
| (including Hong Kong S.A.R. and Macau S.A.R.), Taiwan, or the Republic of Korea; or (d) England, if a |
| license to the Software is obtained when you are in any 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 London, England, when the law of England applies, |
| shall each have non-exclusive jurisdiction over all disputes relating to this agreement. When Singapore |
| law applies, any dispute arising out of or in connection with this agreement, including any question |
| regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in |
| Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre |
| (“SIAC”) for the time being in force, which rules are deemed to be incorporated by reference in this |
| section. There shall be one arbitrator, selected jointly by the parties. If the arbitrator is not selected |
| within thirty (30) days of the written demand by a party to submit to arbitration, the Chairman of the |
| SIAC shall make the selection. The language of the arbitration shall be English. Notwithstanding any |
| provision in this agreement, Adobe or you may request any judicial, administrative, or other authority to |
| order any provisional or conservatory measure, including injunctive relief, specific performance, or other |
| equitable relief, prior to the institution of legal or arbitration proceedings, or during the proceedings, for |
| the preservation of its rights and interests or to enforce specific terms that are suitable for provisional |
| remedies. The English version of this agreement will be the version used when interpreting or |
| construing 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 |
| 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-20110809_1357 |