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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