| ADOBE SYSTEMS INCORPORATED |
| End User License Agreement |
| Please return any accompanying registration form to receive registration |
| benefits. |
| NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY |
| PORTION OF THE 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 6 AND 7; AND |
| LIABILITY IN SECTION 8. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY |
| WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE |
| THIS SOFTWARE. IF YOU ACQUIRED THE SOFTWARE ON TANGIBLE MEDIA (e.g. CD) |
| WITHOUT AN OPPORTUNITY TO REVIEW THIS LICENSE AND YOU DO NOT ACCEPT THIS |
| AGREEMENT, YOU MAY OBTAIN A REFUND OF THE AMOUNT YOU ORIGINALLY PAID IF YOU: |
| (A) DO NOT USE THE SOFTWARE AND (B) RETURN IT, WITH PROOF OF PAYMENT, TO THE |
| LOCATION FROM WHICH IT WAS OBTAINED WITHIN THIRTY (30) DAYS OF THE PURCHASE |
| DATE. |
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| 1. Definitions. "Software" means (a) all of the contents of the files, |
| 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; (ii) digital images, stock photographs, clip art, sounds or other |
| artistic works ("Stock Files"); (iii) related explanatory written materials or |
| files ("Documentation"); and (iv) 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 10(a) of this Agreement applies; otherwise it means Adobe Systems |
| Benelux BV, Europlaza, Hoogoorddreef 54a, 1101 BE Amsterdam ZO, the |
| Netherlands, a company organized under the laws of the Netherlands and an |
| affiliate and licensee of Adobe Systems Incorporated. |
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| 2. Software License. As long as you comply with the terms of this End User |
| License Agreement (the "Agreement"), Adobe grants to you a non-exclusive |
| license to Use the Software for the purposes described in the Documentation. |
| Some third party materials included in the Software may be subject to other |
| terms and conditions, which are typically found in a "Read Me" file located |
| near such materials. |
| 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; or |
| 2.2. Server Use. You may install one copy of the Software on your computer |
| file server for the purpose of downloading and installing the Software onto |
| other computers within your internal network up to the Permitted Number or you |
| may install one copy of the Software on a computer file server within your |
| internal network for the sole and exclusive purpose of using the Software |
| through commands, data or instructions (e.g. scripts) from an unlimited number |
| of computers on your internal network. No other network use is permitted, |
| including but not limited to, using the Software either directly or through |
| commands, data or instructions from or to a computer not part of your internal |
| network, for internet or web hosting services or by any user not licensed to |
| use this copy of the Software through a valid license from Adobe; and |
| 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. Home Use. You, as the primary user of the computer on which the Software |
| is installed, may also install the Software on one of your home computers. |
| However, the Software may not be used on your home computer at the same time |
| the Software on the primary computer is being used. |
| 2.5. Stock Files. Unless stated otherwise in the "Read-Me" files associated |
| with the Stock Files, which may include specific rights and restrictions with |
| respect to such materials, you may display, modify, reproduce and distribute |
| any of the Stock Files included with the Software. However, you may not |
| distribute the Stock Files on a stand-alone basis, i.e., in circumstances in |
| which the Stock Files constitute the primary value of the product being |
| distributed. Stock Files may not be used in the production of libelous, |
| defamatory, fraudulent, lewd, obscene or pornographic material or any material |
| that infringes upon any third party intellectual property rights or in any |
| otherwise illegal manner. You may not claim any trademark rights in the Stock |
| Files or derivative works thereof. |
| 2.6. Font Software. If the Software includes font software - |
| 2.6.1. You may Use the font software as described above on the Permitted Number |
| of computers and output such font software on any output devices connected to |
| such computers. |
| 2.6.2. If the Permitted Number of computers is five or fewer, you may download |
| the font software to the memory (hard disk or RAM) of one output device |
| connected to at least one of such computers for the purpose of having such font |
| software remain resident in the output device, and of one additional such |
| output device for every multiple of five represented by the Permitted Number of |
| computers. |
| 2.6.3. You may take a copy of the font(s) you have used for a particular file |
| to a commercial printer or other service bureau, and such service bureau may |
| Use the font(s) to process your file, provided such service bureau has a valid |
| license to Use that particular font software. |
| 2.6.4. You may convert and install the font software into another format for |
| use in other environments, subject to the following conditions: A computer on |
| which the converted font software is used or installed shall be considered as |
| one of your Permitted Number of computers. Use of the font software you have |
| converted shall be pursuant to all the terms and conditions of this Agreement. |
| Such converted font software may be used only for your own customary internal |
| business or personal use and may not be distributed or transferred for any |
| purpose, except in accordance with the Transfer section below. |
| 2.6.5 You may embed the font software, or outlines of the font software, into |
| your electronic documents to the extent that the font vendor copyright owner |
| allows for such embedding. The fonts contained in this package may contain both |
| Adobe and non-Adobe owned fonts. You may fully embed any font owned by Adobe. |
| Refer to the font sample sheet or font information file to determine font |
| ownership. See the Documentation for location and information on how to access |
| these sheets and files. |
| 2.7 To the extent that the Software includes Adobe Acrobat Reader software, |
| (i) you may customize the installer for such software in accordance with the |
| restrictions found at www.adobe.com (e.g., installation of additional plug-in |
| and help files); however, you may not otherwise alter or modify the installer |
| program or create a new installer for any of such software, (ii) such software |
| is licensed and distributed by Adobe for viewing, distributing and sharing PDF |
| files, and (iii) you are not authorized to use any plug-in or enhancement that |
| permits you to save modifications to a PDF file with such software; however, |
| such use is authorized with Adobe Acrobat, Adobe Acrobat Business Tools, and |
| other current and future Adobe products that feature the creation or |
| manipulation of PDF files. For information on how to distribute Adobe Acrobat( |
| Reader( and Adobe SVG Viewer please refer to the sections entitled "How to |
| Distribute Acrobat Reader" and "How to Distribute SVG Viewer" at www.adobe.com. |
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| 3. Intellectual Property Rights. The Software and any copies that you are |
| authorized by Adobe to 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 copyright, including without limitation by United States Copyright |
| Law, international treaty provisions and applicable laws in the country in |
| which it is being used. You may not copy the Software, except as set forth in |
| Section 2 ("Software License"). Any copies that you are permitted to make |
| pursuant to this Agreement must contain the same copyright and other |
| proprietary notices that appear on or in the Software. Except for font software |
| converted to other formats as permitted in section 2.6.4, you agree not to |
| modify, adapt or translate the Software.You also agree not to 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 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. Requests for |
| information should be directed to the Adobe Customer Support Department. |
| Trademarks shall be used in accordance with accepted trademark practice, |
| including identification of trademarks owners' names. Trademarks can only be |
| used to identify printed output produced by the Software and such use of any |
| trademark does not give you any rights of ownership in that trademark. Except |
| as expressly stated above, this Agreement does not grant you any intellectual |
| property rights in the Software. |
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| 4. Transfer. You may not, rent, lease, sublicense or authorize all or any |
| portion of the Software to be copied onto another users 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 each this Agreement, the Software and all other software or hardware |
| bundled or pre-installed with the Software, including all copies, Updates and |
| prior versions, and all copies of font software converted into other formats, |
| 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. |
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| 5. Multiple Environment Software / Multiple Language Software / Dual Media |
| Software / Multiple Copies/ Bundles / Updates. If the Software supports |
| multiple platforms or languages, if you receive the Software on multiple media, |
| if you otherwise receive multiple copies of the Software, or if you received |
| the Software bundled with other software, the total number of your computers on |
| which all versions of the Software are installed may not exceed the Permitted |
| Number. You may not, rent, lease, sublicense, lend or transfer any versions or |
| copies of such Software you do not Use. 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 the Update. You may continue to Use the |
| previous version of the Software on your computer after you receive the Update |
| to assist you in the transition to the Update, provided that: the Update and |
| the previous version are installed on the same computer; the previous version |
| 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 you |
| acknowledge that any obligation Adobe may have to support the previous version |
| of the Software may be ended upon availability of the Update. |
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| 6. NO WARRANTY. The Software is being delivered to you "AS IS" and Adobe |
| makes no warranty as to its use or performance. 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. |
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| 7. 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 LEGALLY 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, that |
| 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, 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 End User 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. |
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| 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. |
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| 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, Iraq, Syria, Sudan, Libya, Cuba, |
| North Korea, and Serbia) 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. |
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| 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 purchased when you are in the United States, |
| Canada, or Mexico; or (b) in Japan, if a license to the Software is purchased |
| 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) the Netherlands, 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 courts of Amsterdam, the Netherlands, when the law of the |
| Netherlands 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. |
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| 11. General Provisions. If any part of this Agreement is found void and |
| unenforceable, it will not affect the validity of the balance of the 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. |
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| 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. |
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| 13. Compliance with Licenses. If you are a business or organization, you agree |
| that upon request from Adobe or Adobe's authorised representative, you will |
| within thirty (30) days fully document and certify that use of any and all |
| Adobe Software at the time of the request is in conformity with your valid |
| licenses from Adobe. |
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| 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 to contact the Adobe office serving your |
| jurisdiction. |
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| Adobe, Acrobat, Acrobat Reader, and After Effects are either registered |
| trademarks or trademarks of Adobe Systems Incorporated in the United States |
| and/or other countries. |
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