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|
Adobe Flash Player 11 Beta End User License Agreement
ADOBE SYSTEMS INCORPORATED
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:
* [20]Use (Section 3);
* [21]Transferability (Section 5);
* [22]Connectivity and Privacy (Section 7), including:
+ [23]Updating,
+ [24]Local Storage,
+ [25]Settings Manager,
+ [26]Peer Assisted Networking Technology,
+ [27]Content Protection Technology, and
+ [28]Use of Adobe Online Services;
* [29]Warranty Disclaimer (Section 1.1), and;
* [30]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 [31]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
[32]http://www.adobe.com/go/acrobat_distribute for information about
Adobe Reader; or [33]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
[34]http://www.adobe.com/go/acrobat_distribute for information about
Adobe Reader; or [35]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
[36]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 [37]http://www.mpegla.com.
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
[38]http://www.adobe.com/devnet/reader/ikla.html.
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
[39]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
[40]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
[41]http://www.adobe.com/go/settingsmanager for Flash Player,
[42]http://acrobatsupport.com/turning-off-the-acrobat-updater (or
successor website) for Reader, and
[43]http://kb2.adobe.com/cps/403/kb403175.html and
[44]http://airdownload.adobe.com/air/applications/SettingsManager/Setti
ngsManager.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 [45]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
[46]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
[47]http://www.adobe.com/go/settingsmanager, or
[48]http://airdownload.adobe.com/air/applications/SettingsManager/Setti
ngsManager.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
[49]http://www.adobe.com/go/settmgr_networking_en. You can find more
information on Peer Assisted Networking at
[50]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 [51]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, no personally identifiable
information is sent except to the extent that IP Addresses may be
considered personally identifiable in some jurisdictions.
Notwithstanding the foregoing, if you sign on to Acrobat.com your user
name and password may be sent to Adobe's servers and stored by Adobe in
accordance with the Acrobat.com Additional Terms of Use. 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 ([52]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 [53]http://www.adobe.com/go/partners_cds and Adobe Approved
Trust List (AATL) vendors listed at
[54]http://www.adobe.com/security/approved-trust-list.html, and
individualization vendors found at
[55]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 [56]http://www.adobe.com/go/partners_cds
for information about Adobe's CDS vendors and
[57]http://www.adobe.com/security/approved-trust-list.html 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, 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.
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) in England, if a license to the Software is obtained 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.
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
[58]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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