| http://www.adobe.com/products/eulas/players/flash/ |
| |
| End User License Agreement |
| |
| 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 |
| [92]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 |
| [93]http://www.adobe.com/products/acrobat/distribute.html; or |
| "Distribute Macromedia Web Players" at |
| [94]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 |
| [95]http://www.adobe.com/support/main.html or |
| [96]http://partners.adobe.com (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 |
| [97]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 |
| [98]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 [99]http://www.adobe.com/software/flashplayer/security/ and more |
| information on the Settings Manager at |
| [100]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-PlayerWWEULA-en_US-20060607_2230 |