ADOBE
Personal Computer Software License Agreement
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).
- 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.
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.
4.2 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.
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.
7.1 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, or online 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 and http://airdownload.adobe.com/air/applications/SettingsManager/SettingsManager.air
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 solely
controlled by the third party. You can find more information on local shared
objects at http://www.adobe.com/go/flashplayer_security. For more
information on how to limit or control the storage of local shared objects on
your Computer, please visit http://www.adobe.com/go/settmgr_storage_en.
7.4 Settings
Manager. Flash Player and Adobe AIR may cause certain user settings to be stored
on your Computer as a local shared object. These settings are associated with
the instance of Flash Player or Adobe AIR on your Computer, but do not contain
personally identifiable information associated with you, and allow you to
configure certain settings within the Flash Player including the ability to
limit third parties from storing local shared objects. You can find more
information on how to configure your version of Flash Player or Adobe AIR,
including how to disable local shared objects in the Settings Manager for Flash
Player, at http://www.adobe.com/go/settingsmanager, or http://airdownload.adobe.com/air/applications/SettingsManager/SettingsManager.air
for Adobe AIR.
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. To manage Peer Assisted Networking settings, please go to the
Settings Manager at http://www.adobe.com/go/settmgr_networking_en. 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
rights from a rights server on the Internet, and may download and install
required components of the Software, including any available Content Protection
Updates. 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.
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-20100625_1419
No comments:
Post a Comment
Please be kind.