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|
Personal Computer Software License Agreement
1. WARRANTY DISCLAIMER, BINDING AGREEMENT AND ADDITIONAL TERMS AND
AGREEMENTS.
1.1 WARRANTY DISCLAIMER THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO
YOU "AS IS" AND WITH ALL FAULTS. ADOBE, ITS SUPPLIERS AND CERTIFICATION
AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY
OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER
THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY WARRANTY, CONDITION,
REPRESENTATION, OR TERM CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW
APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS AND
CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS,
OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE
OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION
NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION,
SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE
PROVISIONS OF SECTIONS 1.1 AND 10 SHALL SURVIVE THE TERMINATION OF THIS
AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL NOT IMPLY OR CREATE ANY
CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF THIS AGREEMENT.
1.2 BINDING AGREEMENT - : By using, copying or distributing all or any
portion of the Adobe Software, you accept all the terms and conditions of
this agreement, including, in particular, the provisions on:
• [4]Use (Section 3);
• [5]Transferability (Section 5);
• [6]Connectivity and Privacy (Section 7), including:
○ [7]Updating
○ [8]Local Storage
○ [9]Settings Manager
○ [10]Peer Assisted Networking Technology
○ [11]Content Protection Technology and
○ [12]Use of Adobe Online Services
• [13]Warranty Disclaimer (Section 1.1), and;
• [14]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
[15]http://www.adobe.com/go/thirdparty. Such other terms and conditions
will supersede all or portions of this agreement in the event of a
conflict with the terms and conditions of this agreement.
2. Definitions.
"Adobe" means Adobe Systems Incorporated, a Delaware corporation, 345 Park
Avenue, San Jose, California 95110, if subsection 12(a) of this agreement
applies; otherwise it means Adobe Systems Software Ireland Limited, 4-6
Riverwalk, Citywest Business Campus, Dublin 24, Ireland, a company
organized under the laws of Ireland and an affiliate and licensee of Adobe
Systems Incorporated.
"Compatible Computer" means a Computer that conforms to the system
requirements of the Software as specified in the Documentation.
"Computer" means a virtual machine or physical personal electronic device
that accepts information in digital or similar form and manipulates it for
a specific result based on a sequence of instructions.
"Personal Computer" or "PC" shall mean a hardware product which is
designed and marketed with the primary purpose of operating a wide variety
of productivity, entertainment, and other software applications provided
by unrelated third party software vendors, which operates depending upon
the use of a full function and full feature set computer operating system
of the type(s) then in widespread use with hardware to operate general
purpose laptop, desktop, server, and large format tablet microprocessor
based computers. This definition of Personal Computer shall exclude
hardware products that are designed and/or marketed to have as their
primary purpose any number of the following: television, television
receiver, portable media player, audio/video receiver, radio, audio
headphone, audio speaker, personal digital assistant ("PDA"), telephone or
similar telephony based device, game console, personal video recorder
("PVR"), player for digital versatile disc ("DVD") or other optical media,
video camera, still camera, camcorder, video editing and format conversion
device, video image projection device, and shall further exclude any
similar type of consumer, professional or industrial device.
"Software" means (a) all of the contents of the files (delivered
electronically or on physical media), or disk(s) or other media with which
this agreement is provided, which may include (i) Adobe or third party
computer information or software, including Adobe Reader® ("Adobe
Reader"), Adobe® AIR® ("Adobe AIR"), Adobe Flash® Player, Shockwave®
Player and Authorware® Player (collectively, Adobe AIR and the Flash,
Shockwave and Authorware players are the "Adobe Runtimes"); (ii) related
explanatory written materials or files ("Documentation"); and (iii) fonts;
and (b) upgrades, modified versions, updates, additions, and copies of the
foregoing, provided to you by Adobe at any time (collectively, "Updates")
. "Use" means to access, install, download, copy, or otherwise benefit
from using the functionality of the Software.
3. Software License.
If you obtained the Software from Adobe or one of its authorized
licensees, and subject to your compliance with the terms of this
agreement, including the restrictions in Section 4, Adobe grants to you a
non-exclusive license to Use the Software in the manner and for the
purposes described in the Documentation as follows:
3.1 General Use. You may install and Use one copy of the Software on your
Compatible Computer. See Section 4 for important restrictions on the Use
of the Software.
3.2 Server Use. This agreement does not permit you to install or Use the
Software on a computer file server. For information on Use of Software on
a computer file server please refer to
[16]http://www.adobe.com/go/acrobat_distribute for information about Adobe
Reader; or [17]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
[18]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 [19]http://www.adobe.com/go/runtime_mobile_EULA. For
information on licensing Adobe Runtimes for distribution on such systems
please visit [20]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
[21]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
[22]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[23]http://www.adobe.com/go/readerextensions.
4.4 Notices. You shall not alter or remove any copyright or other
proprietary notice that appears on or in the Software.
4.5 No Modification or Reverse Engineering. You shall not modify, adapt,
translate, or create derivative works based upon the Software. You shall
not reverse engineer, decompile, disassemble, or otherwise attempt to
discover the source code of the Software. If you are located in the
European Union, please refer to the additional terms at the end of this
agreement under the header "European Union Provisions," in Section 16.
5. Transfer.
You may not rent, lease, sublicense, assign, or transfer your rights in
the Software, or authorize all or any portion of the Software to be copied
onto another user's Computer except as may be expressly permitted by this
agreement. You may, however, transfer all your rights to Use the Software
to another person or legal entity provided that: (a) you also transfer (i)
this agreement, and (ii) the Software and all other software or hardware
bundled or pre-installed with the Software, including all copies, Updates,
and prior versions, to such person or entity, (b) you retain no copies,
including backups and copies stored on a Computer, and (c) the receiving
party accepts the terms and conditions of this agreement and any other
terms and conditions upon which you obtained a valid license to the
Software. Notwithstanding the foregoing, you may not transfer education,
pre-release, or not for resale copies of the Software.
6. Intellectual Property Ownership, Reservation of Rights.
The Software and any authorized copies that you make are the intellectual
property of Adobe and its suppliers. The structure, organization, and code
of the Software are the valuable intellectually property (e.g. trade
secrets and confidential information) of Adobe and its suppliers. The
Software is protected by law, including without limitation the copyright
laws of the United States and other countries, and by international treaty
provisions. Except as expressly stated herein, this agreement does not
grant you any intellectual property rights in the Software and all rights
not expressly granted are reserved by Adobe and its suppliers.
7. Connectivity and Privacy. You acknowledge and agree to the following:
7.1 Use of PDF Files. When you Use the Software to open a PDF file that
has been enabled to display ads, your Computer may connect to a website
operated by Adobe, an advertiser, or other third party. Your Internet
Protocol address ("IP Address") is sent when this happens. The party
hosting the site may use technology to send (or "serve") advertising or
other electronic content that appears in or near the opened PDF file. The
website operator may also use JavaScript, web beacons (also known as
action tags or single-pixel gifs), and other technologies to increase and
measure the effectiveness of advertisements and to personalize advertising
content. Your communication with Adobe websites is governed by the Adobe
Online Privacy Policy found at [24]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
[25]http://www.adobe.com/go/settingsmanager for Flash Player,
[26]http://www.adobe.com/go/update_details_url (or successor website) for
Reader,
and [27]http://www.adobe.com/go/air_update_details
and
[28]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
[29]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 [30]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
[31]http://www.adobe.com/go/settingsmanager, or
[32]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 [33]http://www.adobe.com/go/settmgr_networking_en. You can find
more information on Peer Assisted Networking at
[34]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
[35]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 ([36]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
[37]http://www.adobe.com/go/partners_cds and Adobe Approved Trust List
(AATL) vendors listed at [38]http://www.adobe.com/go/aatl, and
individualization vendors found at
[39]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 [40]http://www.adobe.com/go/partners_cds for information about Adobe's
CDS vendors and [41]http://www.adobe.com/go/aatl for information about
Adobe's AATL vendors.
9.3 Acknowledgement. You agree that (a) a digital certificate may have
been revoked prior to the time of verification, making the digital
signature or certificate appear valid when in fact it is not, (b) the
security or integrity of a digital certificate may be compromised due to
an act or omission by the signer of the document, the applicable
Certification Authority, or any other third party, and (c) a certificate
may be a self-signed certificate not provided by a Certification
Authority. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY
ON A CERTIFICATE. UNLESS A SEPARATE WRITTEN WARRANTY IS PROVIDED TO YOU BY
A CERTIFICATION AUTHORITY, YOU USE DIGITAL CERTIFICATES AT YOUR SOLE RISK.
9.4 Third Party Beneficiaries. You agree that any Certification Authority
you rely upon is a third party beneficiary of this agreement and shall
have the right to enforce this agreement in its own name as if it were
Adobe.
9.5 Indemnity. You agree to hold Adobe and any applicable Certification
Authority (except as expressly provided in its terms and conditions)
harmless from any and all liabilities, losses, actions, damages, or claims
(including all reasonable expenses, costs, and attorneys fees) arising out
of or relating to any use of, or reliance on, by you or any third party
that receives a document from you with a digital certificate, any service
of such authority, including, without limitation (a) reliance on an
expired or revoked certificate, (b) improper verification of a
certificate, (c) use of a certificate other than as permitted by any
applicable terms and conditions, this agreement, or applicable law; (d)
failure to exercise reasonable judgment under the circumstances in relying
on issuer services or certificates, or (e) failure to perform any of the
obligations as required in the terms and conditions related to the
services.
10. Limitation of Liability.
IN NO EVENT WILL ADOBE, ITS SUPPLIERS, OR CERTIFICATION AUTHORITIES BE
LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY
CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST
SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS, DAMAGES, OR CLAIMS. THE FOREGOING LIMITATIONS
AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR
JURISDICTION. ADOBE'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS AND
CERTIFICATION AUTHORITIES UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL
BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained
in this agreement limits Adobe's liability to you in the event of death or
personal injury resulting from Adobe's negligence or for the tort of
deceit (fraud). Adobe is acting on behalf of its suppliers and
Certification Authorities for the purpose of disclaiming, excluding,
and/or limiting obligations, warranties, and liability as provided in this
agreement, but in no other respects and for no other purpose. For further
information, please see the jurisdiction specific information at the end
of this agreement, if any, or contact Adobe's Customer Support Department.
11. Export Rules.
You agree that the Software will not be shipped, transferred, or exported
into any country or used in any manner prohibited by the United States
Export Administration Act or any other export laws, restrictions, or
regulations (collectively the "Export Laws"). In addition, if the Software
is identified as export controlled items under the Export Laws, you
represent and warrant that you are not a citizen, or otherwise located
within, an embargoed nation (including without limitation Iran, Syria,
Sudan, Cuba, and North Korea) and that you are not otherwise prohibited
under the Export Laws from receiving the Software. All rights to Use the
Software are granted on condition that such rights are forfeited if you
fail to comply with the terms of this agreement.
12. Governing Law.
If you are a consumer who uses the Software for only personal non-business
purposes, then this agreement will be governed by the laws of the state in
which you purchased the license to use the Software. If you are not such a
consumer, this agreement will be governed by and construed in accordance
with the substantive laws in force in: (a) the State of California, if a
license to the Software is obtained when you are in the United States,
Canada, or Mexico; or (b) Japan, if a license to the Software is obtained
when you are in Japan; or (c) Singapore, if a license to the Software is
obtained when you are in a member state of the Association of Southeast
Asian Nations, the People's Republic of China (including Hong Kong S.A.R.
and Macau S.A.R.), Taiwan, or the Republic of Korea; or (d) England, if a
license to the Software is obtained when you are in any jurisdiction not
described above. The respective courts of Santa Clara County, California
when California law applies, Tokyo District Court in Japan, when Japanese
law applies, and the competent courts of London, England, when the law of
England applies, shall each have non-exclusive jurisdiction over all
disputes relating to this agreement. When Singapore law applies, any
dispute arising out of or in connection with this agreement, including any
question regarding its existence, validity, or termination, shall be
referred to and finally resolved by arbitration in Singapore in accordance
with the Arbitration Rules of the Singapore International Arbitration
Centre ("SIAC") for the time being in force, which rules are deemed to be
incorporated by reference in this section. There shall be one arbitrator,
selected jointly by the parties. If the arbitrator is not selected within
thirty (30) days of the written demand by a party to submit to
arbitration, the Chairman of the SIAC shall make the selection. The
language of the arbitration shall be English. Notwithstanding any
provision in this agreement, Adobe or you may request any judicial,
administrative, or other authority to order any provisional or
conservatory measure, including injunctive relief, specific performance,
or other equitable relief, prior to the institution of legal or
arbitration proceedings, or during the proceedings, for the preservation
of its rights and interests or to enforce specific terms that are suitable
for provisional remedies. The English version of this agreement will be
the version used when interpreting or construing this agreement. This
agreement will not be governed by the conflict of law rules of any
jurisdiction or the United Nations Convention on Contracts for the
International Sale of Goods, the application of which is expressly
excluded.
13. General Provisions.
If any part of this agreement is found void and unenforceable, it will not
affect the validity of the balance of this agreement, which shall remain
valid and enforceable according to its terms. This agreement shall not
prejudice the statutory rights of any party dealing as a consumer. This
agreement may only be modified by a writing signed by an authorized
officer of Adobe. Updates may be licensed to you by Adobe with additional
or different terms. This is the entire agreement between Adobe and you
relating to the Software and it supersedes any prior representations,
discussions, undertakings, communications, or advertising relating to the
Software.
14. Notice to U.S. Government End Users.
For U.S. Government End Users, Adobe agrees to comply with all applicable
equal opportunity laws including, if appropriate, the provisions of
Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans
Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the
Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR
Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action
clause and regulations contained in the preceding sentence shall be
incorporated by reference in this agreement.
15. Compliance with Licenses.
If you are a business or organization, you agree that upon request from
Adobe or Adobe's authorized representative, you will, within thirty (30)
days, fully document and certify that use of any and all Software at the
time of the request is in conformity with your valid licenses from Adobe.
16. European Union Provisions.
Nothing included in this agreement (including Section 4.5) shall limit any
non-waivable right to decompile the Software that you may enjoy under
mandatory law. For example, if you are located in the European Union (EU),
you may have the right upon certain conditions specified in the applicable
law to decompile the Software if it is necessary to do so in order to
achieve interoperability of the Software with another software program,
and you have first asked Adobe in writing to provide the information
necessary to achieve such interoperability and Adobe has not made such
information available. In addition, such decompilation may only be done by
you or someone else entitled to use a copy of the Software on your behalf.
Adobe has the right to impose reasonable conditions before providing such
information. Any information supplied by Adobe or obtained by you, as
permitted hereunder, may only be used by you for the purpose described
herein and may not be disclosed to any third party or used to create any
software which is substantially similar to the expression of the Software
or used for any other act which infringes Adobe or its licensors'
copyright.
17. Specific Provisions and Exceptions.
17.1 Limitation of Liability for Users Residing in Germany and Austria.
17.1.1 If you obtained the Software in Germany or Austria, and you usually
reside in such country, then Section 10 does not apply. Instead, subject
to the provisions in Section 17.1.2, Adobe's statutory liability for
damages shall be limited as follows: (a) Adobe shall be liable only up to
the amount of damages as typically foreseeable at the time of entering
into the license agreement in respect of damages caused by a slightly
negligent breach of a material contractual obligation and (b) Adobe shall
not be liable for damages caused by a slightly negligent breach of a
non-material contractual obligation.
17.1.2 The aforesaid limitation of liability shall not apply to any
mandatory statutory liability, in particular, to liability under the
German Product Liability Act, liability for assuming a specific guarantee
or liability for culpably caused personal injuries.
17.1.3 You are required to take all reasonable measures to avoid and
reduce damages, in particular to make back-up copies of the Software and
your computer data subject to the provisions of this agreement.
If you have any questions regarding this agreement, or if you wish to
request any information from Adobe, please use the address and contact
information included with this product or via the web at
[42]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.
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