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authorJim Ramsay <lack@gentoo.org>2011-05-14 00:54:55 +0000
committerJim Ramsay <lack@gentoo.org>2011-05-14 00:54:55 +0000
commit74abfffd73e8e54ce8ab72f926596cf4425d67f2 (patch)
treeece4971155a204ab24aa586bae076245d7e26313 /licenses
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Adding new license for Adobe flash-player 10.3.
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+http://www.adobe.com/products/eulas/players/flash/
+
+End User License Agreement
+
+ADOBE® SOFTWARE LICENSE AGREEMENT
+
+ NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING, COPYING OR
+ DISTRIBUTING ALL OR ANY PORTION OF THE ADOBE SOFTWARE ("SOFTWARE") YOU
+ ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN
+ PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY
+ IN SECTION 4; WARRANTY IN SECTION 7; AND LIABILITY IN SECTION 8. YOU AGREE
+ THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT
+ SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL
+ ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO
+ NOT AGREE, DO NOT USE THIS SOFTWARE.
+
+ Adobe and its suppliers own all intellectual property in the Software. Adobe
+ permits you to Use the Software only in accordance with the terms of this
+ Agreement. Use of some third party materials included in the Software may be
+ subject to other terms and conditions typically found in a separate license
+ agreement, a “Read Me” file located near such materials or in the “Third
+ Party Software Notices and/or Additional Terms and Conditions” found at
+ [92]www.adobe.com/go/thirdparty/
+ 1. Definitions. "Software" means (a) all of the contents of the files
+ (provided either by electronic download, on physical media or any other
+ method of distribution), disk(s), CD-ROM(s) or other media with which
+ this Agreement is provided, including but not limited to (i) Adobe or
+ third party computer information or software, including the Adobe
+ Reader® ("Adobe Reader"), Adobe Flash® Player, Shockwave® Player and
+ Authorware® Player (collectively, the Flash, Shockwave and Authorware
+ players, are the "Web Players"); (ii) related explanatory written
+ materials or files ("Documentation"); and (iii) fonts; and (b) upgrades,
+ modified versions, updates, additions, and copies of the Software, if
+ any, licensed to you by Adobe (collectively, "Updates"). "Use" or
+ "Using" means to access, install, download, copy, or otherwise benefit
+ from using the functionality of the Software in accordance with the
+ Documentation. "Permitted Number" means one (1) unless otherwise
+ indicated under a valid license (e.g., volume license) granted by Adobe.
+ "Computer" means an electronic device that accepts information in
+ digital or similar form and manipulates it for a specific result based
+ on a sequence of instructions. "Adobe" means Adobe Systems Incorporated,
+ a Delaware corporation, 345 Park Avenue, San Jose, California 95110, if
+ subsection 9(a) of this Agreement applies; otherwise it means Adobe
+ Systems Software Ireland Limited, Unit 3100, Lake Drive, City West
+ Campus, Saggart D24, Republic of Ireland, a company organized under the
+ laws of Ireland and an affiliate and licensee of Adobe Systems
+ Incorporated.
+ 2. Software License. If you obtained the Software from Adobe or one of its
+ authorized licensees, and subject to your compliance with the terms of
+ this agreement (this "Agreement"), including the restrictions in Setion
+ 3, Adobe grants to you a non-exclusive license to Use the Software for
+ the purposes described in the Documentation as follows.
+ 2.1 General Use. You may install and Use a copy of the Software on your
+ compatible Computer, up to the Permitted Number of computers. The
+ Software may not be shared, installed or used concurrently on different
+ computers. See Section 3 for important restrictions on the Use of Adobe
+ Reader and Web Players.
+ 2.2 Server Use and Distribution.
+ 2.2.1 You may install one copy of the Adobe Reader on a computer file
+ server within your internal network for the sole and exclusive purpose
+ of (a) using the Software (from an unlimited number of client computers
+ on your internal network) via (i) the Network File System (NFS) for UNIX
+ versions of the Software or (ii) Windows Terminal Services and (b)
+ allowing for printing within your internal network. Unless otherwise
+ expressly permitted hereunder, no other server or network use of the
+ Software is permitted, including but not limited to use of the Software
+ (i) either directly or through commands, data or instructions from or to
+ another computer or (ii) for internal network, internet or web hosting
+ services.
+ 2.2.2 For information on how to distribute the Software on tangible
+ media or through an internal network please refer to the sections
+ entitled "How to Distribute Adobe Reader" at
+ [93]http://www.adobe.com/products/acrobat/distribute.html; or
+ "Distribute Macromedia Web Players" at
+ [94]http://www.adobe.com/licensing.
+ 2.3 Backup Copy. You may make one backup copy of the Software, provided
+ your backup copy is not installed or used on any Computer. You may not
+ transfer the rights to a backup copy unless you transfer all rights in
+ the Software as provided under Section 4.
+ 2.4 Portable or Home Computer Use. If and only if the Software is Adobe
+ Reader, in addition to the single copy permitted under Sections 2.1 and
+ 2.2, the primary user of the Computer on which the Software is installed
+ may make a second copy of the Software for his or her exclusive Use on
+ either a portable Computer or a Computer located at his or her home,
+ provided the Software on the portable or home Computer is not used at
+ the same time as the Software on the primary computer.
+ 2.5 No Modification.
+ 2.5.1 You may not modify, adapt, translate or create derivative works
+ based upon the Software. You may not reverse engineer, decompile,
+ disassemble or otherwise attempt to discover the source code of the
+ Software except to the extent you may be expressly permitted to
+ decompile under applicable law, it is essential to do so in order to
+ achieve operability of the Software with another software program, and
+ you have first requested Adobe to provide the information necessary to
+ achieve such operability and Adobe has not made such information
+ available. Adobe has the right to impose reasonable conditions and to
+ request a reasonable fee before providing such information. Any such
+ information supplied by Adobe and any information obtained by you by
+ such permitted decompilation may only be used by you for the purpose
+ described herein and may not be disclosed to any third party or used to
+ create any software which is substantially similar to the expression of
+ the Software. Requests for information should be directed to the Adobe
+ Customer Support Department.
+ 2.5.2 As an exception to the above, you may customize or extend the
+ functionality of the installer for the Adobe Reader as specifically
+ allowed by instructions found at
+ [95]http://www.adobe.com/support/main.html or
+ [96]http://partners.adobe.com (e.g., installation of additional plug-in
+ and help files). You may not otherwise alter or modify the Software or
+ create a new installer for the Software. The Adobe Reader is licensed
+ and distributed by Adobe for viewing, distributing and sharing PDF
+ files.
+ 2.6 Third Party Website Access. The Software may allow you to access
+ third party websites ("Third Party Sites"). Your access to and use of
+ any Third Party Sites, including any goods, services or information made
+ available from such sites, is governed by the terms and conditions found
+ at each Third Party Site, if any. Third Party Sites are not owned or
+ operated by Adobe. YOUR USE OF THIRD PARTY SITES IS AT YOUR OWN RISK.
+ ADOBE MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR
+ TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE
+ OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO
+ NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY,
+ SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS
+ FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE THIRD PARTY SITES.
+ 2.7 Certified Documents.
+ 2.7.1 Certified Documents and CD Services. The Software may allow you
+ to validate Certified Documents. A "Certified Document" or “CD” is a PDF
+ file that has been digitally signed using (a) a certificate and (b) a
+ “private” encryption key that corresponds to the “public” key in the
+ certificate. Validation of a CD requires CD Services from the CD Service
+ Provider that issued the certificate. “CD Service Provider” is an
+ independent third party service vendor listed at
+ [97]http://www.adobe.com/security/partners_cds.html. “CD Services” are
+ services provided by CD Service Providers, including without limitation
+ (i) certificates issued by such CD Service Provider for use with the
+ Software's CD feature set, (ii) services related to issuance of
+ certificates, and (iii) other services related to certificates,
+ including without limitation verification services.
+ 2.7.2 CD Service Providers. Although the Software may provide
+ validation features, Adobe does not supply the necessary CD Services
+ required to use these features. Purchasing, availability and
+ responsibility for the CD Services are between you and the CD Service
+ Provider. Before you rely upon any CD, any digital signature applied
+ thereto, and/or any related CD Services, you must first review and agree
+ to the applicable Issuer Statement and this Agreement. “Issuer
+ Statement” means the terms and conditions under which each CD Service
+ Provider offers CD Services (see the links on
+ [98]http://www.adobe.com/security/partners_cds.html), including for
+ example any subscriber agreements, relying party agreements, certificate
+ policies and practice statements, and Section 2.7 of this Agreement. By
+ validating a CD using CD Services, you acknowledge and agree that (a)
+ the certificate used to digitally sign a CD may be revoked at the time
+ of verification, making the digital signature on the CD appear valid
+ when in fact it is not, (b) the security or integrity of a CD may be
+ compromised due to an act or omission by the signer of the CD, the
+ applicable CD Service Provider, or any other third party and (c) you
+ must read, understand, and be bound by the applicable Issuer Statement.
+ 2.7.3 Warranty Disclaimer. CD Service Providers offer CD Services
+ solely in accordance with the applicable Issuer Statement. ACCESS TO THE
+ CD SERVICES THROUGH THE USE OF THE SOFTWARE IS MADE AVAILABLE ON AN “AS
+ IS” BASIS ONLY AND WITHOUT ANY WARRANTY OR INDEMNITY OF ANY KIND (EXCEPT
+ AS SUPPLIED BY A CD SERVICES PROVIDER IN ITS ISSUER STATEMENT). ADOBE
+ AND EACH CD SERVICE PROVIDER (EXCEPT AS EXPRESSLY PROVIDED IN ITS ISSUER
+ STATEMENT) MAKE NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS
+ OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM,
+ USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO
+ NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY,
+ SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS
+ FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE CD SERVICES.
+ 2.7.4 Indemnity. You agree to hold Adobe and any applicable CD Service
+ Provider (except as expressly provided in its Issuer Statement) harmless
+ from any and all liabilities, losses, actions, damages, or claims
+ (including all reasonable expenses, costs, and attorneys fees) arising
+ out of or relating to any use of, or reliance on, any CD Service,
+ including, without limitation (a) reliance on an expired or revoked
+ certificate, (b) improper verification of a certificate, (c) use of a
+ certificate other than as permitted by any applicable Issuer Statement,
+ this Agreement or applicable law; (d) failure to exercise reasonable
+ judgment under the circumstances in relying on the CD Services or (e)
+ failure to perform any of the obligations as required in an applicable
+ Issuer Statement.
+ 2.7.5 Limit of Liability. UNDER NO CIRCUMSTANCES WILL ADOBE OR ANY CD
+ SERVICE PROVIDER (EXCEPT AS EXPRESSLY SET FORTH IN ITS ISSUER STATEMENT)
+ BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY, FOR ANY LOSS OF USE,
+ REVENUE OR PROFIT, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC
+ LOSS OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY,
+ PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO YOUR
+ USE OR RELIANCE UPON CD SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF
+ SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. THIS LIMITATION SHALL
+ APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH
+ OF THE FUNDAMENTAL OR MATERIALTERMS OF THIS AGREEMENT.
+ 2.7.6 Third Party Beneficiaries. You agree that any CD Service Provider
+ you utilize shall be a third party beneficiary with respect to this
+ Section 2.7 of this Agreement, and that such CD Service Provider shall
+ have the right to enforce such provisions in its own name as if the CD
+ Service Provider were Adobe.
+ 3. Restrictions.
+ 3.1 Web Player Prohibited Devices. You may not Use any Web Player on
+ any non-PC device or with any embedded or device version of any
+ operating system. For the avoidance of doubt, and by example only, you
+ may not use a Web Player on any (a) mobile devices, set top boxes (STB),
+ handhelds, phones, web pads, tablets and Tablet PCs that are not running
+ Windows XP Tablet PC Edition, game consoles, TVs, DVD players, media
+ centers (excluding Windows XP Media Center Edition and its successors),
+ electronic billboards or other digital signage, internet appliances or
+ other internet-connected devices, PDAs, medical devices, ATMs, telematic
+ devices, gaming machines, home automation systems, kiosks, remote
+ control devices, or any other consumer electronics device, (b)
+ operator-based mobile, cable, satellite, or television systems or (c)
+ other closed system devices.
+ 3.2 Notices. You shall not copy the Software except as set forth in
+ Section 2. Any copy of the Software that you make must contain the same
+ copyright and other proprietary notices that appear on or in the
+ Software.
+ 3.3 Document Features. The Software may contain features and
+ functionality (the “Document Features”) that appear disabled or “grayed
+ out.” These Document Features will only activate when opening a PDF
+ document that was created using corresponding enabling technology
+ available only from Adobe (“Keys”). You agree not to access, or attempt
+ to access, disabled Document Features or otherwise circumvent the
+ permissions that control activation of such Document Features. You may
+ only use the Document Features with PDF documents that have been enabled
+ using Keys obtained under a valid license from Adobe. No other use is
+ permitted.
+ 3.4 Adobe Reader Restrictions. You are not authorized to integrate or
+ use the Adobe Reader with any other software, plug-in or enhancement
+ that uses or relies upon the the Adobe Reader when converting or
+ transforming PDF files into other file formats (e.g., a PDF file into a
+ TIFF, JPEG, or SVG file). You are not authorized to integrate or use the
+ Adobe Reader with any plug-in software not developed in accordance with
+ the Adobe Integration Key License Agreement. Further, you are not
+ permitted to integrate or use the Adobe Reader with other software, or
+ access PDF files that contain instructions (e.g., JavaScript), in order
+ to (a) save data locally (on the same Computer), (b) create a file that
+ contains data (e.g., an XML or comments file) or (c) save modifications
+ to a PDF file, except when such saving or creation is allowed through
+ the use of Document Feature(s) enabled by Adobe.
+ 4. Transfer. You may not rent, lease, sublicense, assign or transfer your
+ rights in the Software, or authorize all or any portion of the Software
+ to be copied onto another user's Computer except as may be expressly
+ permitted herein. You may, however, transfer all your rights to Use the
+ Software to another person or legal entity provided that: (a) you also
+ transfer (i) this Agreement, and (ii) the Software and all other
+ software or hardware bundled or pre-installed with the Software,
+ including all copies, Updates and prior versions, to such person or
+ entity, (b) you retain no copies, including backups and copies stored on
+ a Computer, and (c) the receiving party accepts the terms and conditions
+ of this Agreement and any other terms and conditions upon which you
+ legally purchased a license to the Software. Notwithstanding the
+ foregoing, you may not transfer education, pre-release, or not for
+ resale copies of the Software.
+ 5. Intellectual Property Ownership, Copyright Protection. The Software and
+ any authorized copies that you make are the intellectual property of and
+ are owned by Adobe Systems Incorporated and its suppliers. The
+ structure, organization and code of the Software are the valuable trade
+ secrets and confidential information of Adobe Systems Incorporated and
+ its suppliers. The Software is protected by law, including without
+ limitation the copyright laws of the United States and other countries,
+ and by international treaty provisions. Except as expressly stated
+ herein, this Agreement does not grant you any intellectual property
+ rights in the Software and all rights not expressly granted are reserved
+ by Adobe and its suppliers.
+ 6. Updates. If the Software is an Update to a previous version of the
+ Software, you must possess a valid license to such previous version in
+ order to Use such Update. All Updates are provided to you on a license
+ exchange basis. You agree that by Using an Update you voluntarily
+ terminate your right to use any previous version of the Software. As an
+ exception, you may continue to Use previous versions of the Software on
+ your Computer after you Use the Update but only to assist you in the
+ transition to the Update, provided that: (a) the Update and the previous
+ versions are installed on the same computer; (b) the previous versions
+ or copies thereof are not transferred to another party or Computer
+ unless all copies of the Update are also transferred to such party or
+ Computer; and (c) you acknowledge that any obligation Adobe may have to
+ support the previous versions of the Software may be ended upon
+ availability of the Update.
+ 7. NO WARRANTY. The Software is being delivered to you "AS IS" and Adobe
+ makes no warranty as to its use or performance. Adobe provides no
+ technical support, warranties or remedies for the Software. ADOBE AND
+ ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU
+ MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION,
+ REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT
+ BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION,
+ ADOBE AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS,
+ OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM,
+ USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION
+ NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION,
+ SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. The
+ provisions of Section 7 and Section 8 shall survive the termination of
+ this Agreement, howsoever caused, but this shall not imply or create any
+ continued right to Use the Software after termination of this Agreement.
+ 8. LIMITATION OF LIABILITY. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE
+ LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY
+ CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST
+ SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE
+ POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY
+ ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE
+ EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ADOBE'S
+ AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION
+ WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE
+ SOFTWARE, IF ANY. Nothing contained in this Agreement limits Adobe's
+ liability to you in the event of death or personal injury resulting from
+ Adobe's negligence or for the tort of deceit (fraud). Adobe is acting on
+ behalf of its suppliers for the purpose of disclaiming, excluding and/or
+ limiting obligations, warranties and liability as provided in this
+ Agreement, but in no other respects and for no other purpose. For
+ further information, please see the jurisdiction specific information at
+ the end of this Agreement, if any, or contact Adobe's Customer Support
+ Department.
+ 9. Export Rules. You agree that the Software will not be shipped,
+ transferred or exported into any country or used in any manner
+ prohibited by the United States Export Administration Act or any other
+ export laws, restrictions or regulations (collectively the "Export
+ Laws"). In addition, if the Software is identified as export controlled
+ items under the Export Laws, you represent and warrant that you are not
+ a citizen, or otherwise located within, an embargoed nation (including
+ without limitation Iran, Syria, Sudan, Libya, Cuba, and North Korea) and
+ that you are not otherwise prohibited under the Export Laws from
+ receiving the Software. All rights to Use the Software are granted on
+ condition that such rights are forfeited if you fail to comply with the
+ terms of this Agreement.
+ 10. Governing Law. This Agreement will be governed by and construed in
+ accordance with the substantive laws in force: (a) in the State of
+ California, if a license to the Software is obtained when you are in the
+ United States, Canada, or Mexico; or (b) in Japan, if a license to the
+ Software is obtained when you are in Japan, China, Korea, or other
+ Southeast Asian country where all official languages are written in
+ either an ideographic script (e.g., hanzi, kanji, or hanja), and/or
+ other script based upon or similar in structure to an ideographic
+ script, such as hangul or kana; or (c) England, if a license to the
+ Software is purchased when you are in any other jurisdiction not
+ described above. The respective courts of Santa Clara County, California
+ when California law applies, Tokyo District Court in Japan, when
+ Japanese law applies, and the competent courts of England, when the law
+ of England applies, shall each have non-exclusive jurisdiction over all
+ disputes relating to this Agreement. This Agreement will not be governed
+ by the conflict of law rules of any jurisdiction or the United Nations
+ Convention on Contracts for the International Sale of Goods, the
+ application of which is expressly excluded.
+ 11. General Provisions. If any part of this Agreement is found void and
+ unenforceable, it will not affect the validity of the balance of this
+ Agreement, which shall remain valid and enforceable according to its
+ terms. This Agreement shall not prejudice the statutory rights of any
+ party dealing as a consumer. This Agreement may only be modified by a
+ writing signed by an authorized officer of Adobe. Updates may be
+ licensed to you by Adobe with additional or different terms. This is the
+ entire agreement between Adobe and you relating to the Software and it
+ supersedes any prior representations, discussions, undertakings,
+ communications or advertising relating to the Software.
+ 12. Notice to U.S. Government End Users. The Software and Documentation are
+ "Commercial Items," as that term is defined at 48 C.F.R. §2.101,
+ consisting of "Commercial Computer Software" and "Commercial Computer
+ Software Documentation," as such terms are used in 48 C.F.R. §12.212 or
+ 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or
+ 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial
+ Computer Software and Commercial Computer Software Documentation are
+ being licensed to U.S. Government end users (a) only as Commercial Items
+ and (b) with only those rights as are granted to all other end users
+ pursuant to the terms and conditions herein. Unpublished-rights reserved
+ under the copyright laws of the United States. Adobe Systems
+ Incorporated, 345 Park Avenue, San Jose, CA 95110-2704, USA. For U.S.
+ Government End Users, Adobe agrees to comply with all applicable equal
+ opportunity laws including, if appropriate, the provisions of Executive
+ Order 11246, as amended, Section 402 of the Vietnam Era Veterans
+ Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of
+ the Rehabilitation Act of 1973, as amended, and the regulations at 41
+ CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action
+ clause and regulations contained in the preceding sentence shall be
+ incorporated by reference in this Agreement.
+ 13. Compliance with Licenses. If you are a business or organization, you
+ agree that upon request from Adobe or Adobe's authorized representative,
+ you will within thirty (30) days fully document and certify that use of
+ any and all Software at the time of the request is in conformity with
+ your valid licenses from Adobe.
+ 14. Specific Provisions and Exceptions.
+ 14.1 Limited Warranty for Users Residing in Germany or Austria. If you
+ obtained the Software in Germany or Austria, and you usually reside in
+ such country, then Section 7 does not apply, instead, Adobe warrants
+ that the Software provides the functionalities set forth in the
+ Documentation (the "agreed upon functionalities") for the limited
+ warranty period following receipt of the Software when used on the
+ recommended hardware configuration. As used in this Section, "limited
+ warranty period" means one (1) year if you are a business user and two
+ (2) years if you are not a business user. Non-substantial variation from
+ the agreed upon functionalities shall not be considered and does not
+ establish any warranty rights. THIS LIMITED WARRANTY DOES NOT APPLY TO
+ SOFTWARE PROVIDED TO YOU FREE OF CHARGE, FOR EXAMPLE, UPDATES,
+ PRE-RELEASE, TRYOUT, PRODUCT SAMPLER, NOT FOR RESALE (NFR) COPIES OF
+ SOFTWARE, OR SOFTWARE THAT HAS BEEN ALTERED BY YOU, TO THE EXTENT SUCH
+ ALTERATIONS CAUSED A DEFECT. To make a warranty claim, during the
+ limited warranty period you must return, at our expense, the Software
+ and proof of purchase to the location where you obtained it. If the
+ functionalities of the Software vary substantially from the agreed upon
+ functionalities, Adobe is entitled -- by way of re-performance and at
+ its own discretion -- to repair or replace the Software. If this fails,
+ you are entitled to a reduction of the purchase price (reduction) or to
+ cancel the purchase agreement (rescission). For further warranty
+ information, please contact Adobe's Customer Support Department
+ 14.2 Limitation of Liability for Users Residing in Germany and Austria.
+ 14.2.1 If you obtained the Software in Germany or Austria, and you
+ usually reside in such country, then Section 8 does not apply, Instead,
+ subject to the provisions in Section 14.2.2, Adobe's statutory liability
+ for damages shall be limited as follows: (i) Adobe shall be liable only
+ up to the amount of damages as typically foreseeable at the time of
+ entering into the purchase agreement in respect of damages caused by a
+ slightly negligent breach of a material contractual obligation and (ii)
+ Adobe shall not be liable for damages caused by a slightly negligent
+ breach of a non-material contractual obligation.
+ 14.2.2 The aforesaid limitation of liability shall not apply to any
+ mandatory statutory liability, in particular, to liability under the
+ German Product Liability Act, liability for assuming a specific
+ guarantee or liability for culpably caused personal injuries.
+ 14.2.3 You are required to take all reasonable measures to avoid and
+ reduce damages, in particular to make back-up copies of the Software and
+ your computer data subject to the provisions of this Agreement.
+ 14.3 Pre-release Product Additional Terms. If the product you have
+ received with this license is pre-commercial release or beta Software
+ ("Pre-release Software"), then the following Section applies. To the
+ extent that any provision in this Section is in conflict with any other
+ term or condition in this Agreement, this Section shall supercede such
+ other term(s) and condition(s) with respect to the Pre-release Software,
+ but only to the extent necessary to resolve the conflict. You
+ acknowledge that the Software is a pre-release version, does not
+ represent final product from Adobe, and may contain bugs, errors and
+ other problems that could cause system or other failures and data loss.
+ Consequently, the Pre-release Software is provided to you "AS-IS", and
+ Adobe disclaims any warranty or liability obligations to you of any
+ kind. WHERE LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT
+ IT MAY BE LIMITED, ADOBE'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE
+ LIMITED TO THE SUM OF FIFTY DOLLARS (U.S. $50) IN TOTAL. You acknowledge
+ that Adobe has not promised or guaranteed to you that Pre-release
+ Software will be announced or made available to anyone in the future,
+ Adobe has no express or implied obligation to you to announce or
+ introduce the Pre-release Software and that Adobe may not introduce a
+ product similar to or compatible with the Pre-release Software.
+ Accordingly, you acknowledge that any research or development that you
+ perform regarding the Pre-release Software or any product associated
+ with the Pre-release Software is done entirely at your own risk. During
+ the term of this Agreement, if requested by Adobe, you will provide
+ feedback to Adobe regarding testing and use of the Pre-release Software,
+ including error or bug reports. If you have been provided the
+ Pre-release Software pursuant to a separate written agreement, such as
+ the Adobe Systems Incorporated Serial Agreement for Unreleased Products,
+ your use of the Software is also governed by such agreement. You agree
+ that you may not and certify that you will not sublicense, lease, loan,
+ rent, assign or transfer the Pre-release Software. Upon receipt of a
+ later unreleased version of the Pre-release Software or release by Adobe
+ of a publicly released commercial version of the Software, whether as a
+ stand-alone product or as part of a larger product, you agree to return
+ or destroy all earlier Pre-release Software received from Adobe and to
+ abide by the terms of the license agreement for any such later versions
+ of the Pre-release Software. Notwithstanding anything in this Section to
+ the contrary, if you are located outside the United States of America,
+ you agree that you will return or destroy all unreleased versions of the
+ Pre-release Software within thirty (30) days of the completion of your
+ testing of the Software when such date is earlier than the date for
+ Adobe's first commercial shipment of the publicly released (commercial)
+ Software.
+ 14.4 Settings Manager. Use of the Web Players, specifically the Flash
+ Player, will enable the Software to store certain user settings as a
+ local shared object on a your Computer. These settings are not
+ associated with you, but allow you to configure certain settings within
+ the Flash Player. You can find more information on local shared objects
+ at [99]http://www.adobe.com/software/flashplayer/security/ and more
+ information on the Settings Manager at
+ [100]www.adobe.com/go/settingsmanager.
+
+ If you have any questions regarding this Agreement or if you wish to request
+ any information from Adobe please use the address and contact information
+ included with this product or via the web at www.adobe.com to contact the
+ Adobe office serving your jurisdiction
+
+ Adobe, Authorware, Flash, Reader, and Shockwave are either registered
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+ and/or other countries.
+
+
+ Reader-PlayerWWEULA-en_US-20060607_2230