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- ADOBE
- Personal Computer Software License Agreement
- 1. WARRANTY DISCLAIMER, BINDING AGREEMENT AND ADDITIONAL TERMS AND AGREEMENTS.
- 1.1 WARRANTY DISCLAIMER
- 1.2
- . 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.
- BINDING AGREEMENT
- -
- : By using, copying or distributing all or any portion of the Adobe
- Software, you accept all the terms and conditions of this agreement, including, in particular, the
- provisions on:
- Use (Section 3);
- - Transferability (Section 5);
- - Connectivity and Privacy (Section 7), including:
- - Updating,
- - Local Storage,
- - Settings Manager,
- - Peer Assisted Networking Technology,
- - Content Protection Technology, and
- - Use of Adobe Online Services;
- - Warranty Disclaimer (Section 1.1), and;
- - Liability Limitations (Sections 10 and 17).
- Upon acceptance, this agreement is enforceable against you and any entity that obtained the
- Software and on whose behalf it is used. If you do not agree, do not Use the Software.
- 1.3 ADDITIONAL TERMS AND AGREEMENTS. Adobe permits you to Use the Software only in
- accordance with the terms of this agreement. Use of some third party materials included in the
- Software may be subject to other terms and conditions typically found in a separate license
- agreement, a “Read Me” file located near such materials or in the “Third Party Software Notices
- and/or Additional Terms and Conditions” found at http://www.adobe.com/go/thirdparty. Such other
- terms and conditions will supersede all or portions of this agreement in the event of a conflict with
- the terms and conditions of this agreement.
- 2. Definitions.
- “Adobe” means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose,
- California 95110, if subsection 12(a) of this agreement applies; otherwise it means Adobe Systems
- Software Ireland Limited, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland, a company
- organized under the laws of Ireland and an affiliate and licensee of Adobe Systems Incorporated.
- “Compatible Computer” means a Computer that conforms to the system requirements of the Software
- as specified in the Documentation.
- “Computer” means a virtual machine or physical personal electronic device that accepts information in
- digital or similar form and manipulates it for a specific result based on a sequence of instructions.
- “Personal Computer” or “PC” shall mean a hardware product which is designed and marketed with the
- primary purpose of operating a wide variety of productivity, entertainment, and other software
- applications provided by unrelated third party software vendors, which operates depending upon the
- use of a full function and full feature set computer operating system of the type(s) then in widespread
- use with hardware to operate general purpose laptop, desktop, server, and large format tablet
- microprocessor based computers. This definition of Personal Computer shall exclude hardware
- products that are designed and/or marketed to have as their primary purpose any number of the
- following: television, television receiver, portable media player, audio/video receiver, radio, audio
- headphone, audio speaker, personal digital assistant (“PDA”), telephone or similar telephony based
- device, game console, personal video recorder (“PVR”), player for digital versatile disc (“DVD”) or other
- optical media, video camera, still camera, camcorder, video editing and format conversion device, video
- image projection device, and shall further exclude any similar type of consumer, professional or
- industrial device.
- “Software” means (a) all of the contents of the files (delivered electronically or on physical media), or
- disk(s) or other media with which this agreement is provided, which may include (i) Adobe or third
- party computer information or software, including Adobe Reader® (“Adobe Reader”), Adobe® AIR®
- (“Adobe AIR”), Adobe Flash® Player, Shockwave® Player and Authorware® Player (collectively, Adobe AIR
- and the Flash, Shockwave and Authorware players are the “Adobe Runtimes”); (ii) related explanatory
- written materials or files (“Documentation”); and (iii) fonts; and (b) upgrades, modified versions,
- updates, additions, and copies of the foregoing, provided to you by Adobe at any time (collectively,
- “Updates”).
- “Use” means to access, install, download, copy, or otherwise benefit from using the functionality of the
- Software.
- 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 http://www.adobe.com/go/acrobat_distribute for information about Adobe Reader;
- or http://www.adobe.com/go/licensing for information about the Adobe Runtimes.
- 3.3 Distribution. This license does not grant you the right to sublicense or distribute the Software. For
- information about obtaining the right to distribute the Software on tangible media or through an
- internal network or with your product or service please refer
- to http://www.adobe.com/go/acrobat_distribute for information about Adobe Reader;
- or http://www.adobe.com/go/licensing for information about the Adobe Runtimes.
- 3.4 Backup Copy. You may make one backup copy of the Software, provided your backup copy is not
- installed or used other than for archival purposes. You may not transfer the rights to a backup copy
- unless you transfer all rights in the Software as provided under Section 5.
- 4. Obligations and Restrictions.
- 4.1 Adobe Runtime Restrictions. You will not Use any Adobe Runtime on any non-PC device or with any
- embedded or device version of any operating system. For the avoidance of doubt, and by example only,
- you may not Use an Adobe Runtime on any (a) mobile device, set top box (STB), handheld, phone,
- game console, TV, DVD player, media center (other than with Windows XP Media Center Edition and its
- successors), electronic billboard or other digital signage, Internet appliance or other Internet-connected
- device, PDA, medical device, ATM, telematic device, gaming machine, home automation system, kiosk,
- remote control device, or any other consumer electronics device, (b) operator-based mobile, cable,
- satellite, or television system or (c) other closed system device. No right or license to Use any Adobe
- Runtime is granted for such prohibited uses. For information on Software license terms for non-PC
- versions of Adobe Runtimes please visit http://www.adobe.com/go/runtime_mobile_EULA. For
- information on licensing Adobe Runtimes for distribution on such systems please
- visit http://www.adobe.com/go/licensing.
- 4.1.1 AVC Video Restrictions. The Software may contain h.264/AVC video technology, the use of which
- requires the following notice from MPEG-LA, L.L.C.:
- THIS SOFTWARE IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL
- AND NON-COMMERCIAL USE OF A CONSUMER TO (I) ENCODE VIDEO IN COMPLIANCE WITH THE
- AVC STANDARD (“AVC VIDEO”) AND/OR (II) DECODE AVC VIDEO THAT WAS ENCODED BY A
- CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY
- 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 http://www.adobe.com/go/privacy (“Adobe Online Privacy
- Policy”). Adobe may not have access to or control over features that a third party may use, and the
- information practices of third party websites are not covered by the Adobe Online Privacy Policy.
- 7.2 Updating. If your Computer is connected to the Internet, the Software may, without additional
- notice, check for Updates that are available for automatic download and installation to your Computer
- and let Adobe know the Software is successfully installed. For Reader, Updates may be automatically
- downloaded but not installed without additional notice unless you change your preferences to accept
- automatic installation. Only non-personally identifying information is transmitted to Adobe when this
- happens, except to the extent that IP Addresses may be considered personally identifiable in some
- jurisdictions. The use of such information, including your IP Address, as provided by the auto update
- process is governed by the Adobe Online Privacy Policy. Please consult the Documentation for
- information about changing default update settings, or online
- at http://www.adobe.com/go/settingsmanager for Flash
- Player, http://www.adobe.com/go/update_details_url (or successor website) for Reader,
- and http://www.adobe.com/go/air_update_details
- and http://airdownload.adobe.com/air/applications/SettingsManager/SettingsManager.air for
- Adobe AIR.
- 7.3 Local Storage. Flash Player and Adobe AIR may allow third parties to store certain information on
- your Computer in a local data file known as a local shared object. The type and amount of information
- that the third party application requests to be stored in a local shared object can vary by application and
- such requests are solely controlled by the third party. You can find more information on local shared
- objects at http://www.adobe.com/go/flashplayer_security. For more information on how to limit or
- control the storage of local shared objects on your Computer, please
- visit http://www.adobe.com/go/settmgr_storage_en.
- 7.4 Settings Manager. Flash Player and Adobe AIR may cause certain user settings to be stored on your
- Computer as a local shared object. These settings are associated with the instance of Flash Player or
- Adobe AIR on your Computer, but do not contain personally identifiable information associated with
- you, and allow you to configure certain settings within the Flash Player including the ability to limit third
- parties from storing local shared objects. You can find more information on how to configure your
- version of Flash Player or Adobe AIR, including how to disable local shared objects in the Settings
- Manager for Flash Player, at http://www.adobe.com/go/settingsmanager,
- or http://airdownload.adobe.com/air/applications/SettingsManager/SettingsManager.air for Adobe AIR.
- 7.5 Peer Assisted Networking Technology. Adobe Flash Player and Adobe AIR runtimes provide the
- ability for applications built by third parties to connect to an Adobe Server or Service and permit direct
- communication between two Adobe Runtime clients or to connect an Adobe Runtime client as part of a
- peer or distributed network that allows a portion of your resources, such as network bandwidth, to be
- made directly available to other participants. Prior to joining such peer or distributed network, you will
- be provided with the opportunity to accept such connectivity. To manage Peer Assisted Networking
- settings, please go to the Settings Manager at http://www.adobe.com/go/settmgr_networking_en. You
- can find more information on Peer Assisted Networking at http://www.adobe.com/go/RTMFP.
- 7.6 Content Protection Technology. If you Use the Adobe Runtimes to access content that has been
- protected with Adobe Flash Media Rights Management Server or Flash Access software (“Content
- Protection”), in order to let you play the protected content, the Software may automatically request
- media usage rights and individualization rights from a rights server on the Internet, and may download
- and install required components of the Software, including any available Content Protection Updates.
- You can find more information on Content Protection at http://www.adobe.com/go/protected_content.
- 7.7 Use of Adobe Online Services. If your Computer is connected to the Internet, the Software may,
- without additional notice and on an intermittent or regular basis, facilitate your access to content and
- services that are hosted on websites maintained by Adobe or its affiliates (“Adobe Online Services”).
- Examples of such Adobe Online Services might include, but are not limited to: Acrobat.com. In some
- cases an Adobe Online Service might appear as a feature or extension within the Software even though
- it is hosted on a website. In some cases, access to an Adobe Online Service might require a separate
- subscription or other fee in order to access it, and/or your assent to additional terms of use. Adobe
- Online Services might not be available in all languages or to residents of all countries and Adobe may, at
- any time and for any reason, modify or discontinue the availability of any Adobe Online Service. Adobe
- also reserves the right to begin charging a fee for access to or use of an Adobe Online Service that was
- previously offered at no charge. If your Computer is connected to the Internet, the Software may,
- without additional notice, update downloadable materials from these Adobe Online Services so as to
- provide immediate availability of these Adobe Online Services even when you are offline. When the
- Software connects to the Internet as a function of an Adobe Online Service, your IP Address, user name,
- and password may be sent to Adobe’s servers and stored by Adobe in accordance with the Additional
- Terms of Use or the “help” menu in the Software. This information may be used by Adobe to send you
- transactional messages to facilitate the Adobe Online Service. Adobe may display in-product marketing
- to provide information about the Software and other Adobe products and Services, including but not
- limited to Adobe Online Services, based on certain Software specific features including but not limited
- to, the version of the Software, including without limitation, platform version, version of the Software,
- and language. For further information about in-product marketing, please see the “help” menu in the
- Software. Whenever the Software makes an Internet connection and communicates with an Adobe
- website, whether automatically or due to explicit user request, the Adobe Online Privacy Policy shall
- apply. Additionally, unless you are provided with separate terms of use at that time, the Adobe.com
- Terms of Use (http://www.adobe.com/go/terms) shall apply. Please note that the Adobe Privacy Policy
- allows tracking of website visits and it addresses in detail the topic of tracking and use of cookies, web
- beacons, and similar devices.
- 8. Third Party Offerings. You acknowledge and agree to the following:
- 8.1 Third Party Offerings. The Software may allow you to access and interoperate with third party
- content, software applications, and data services, including rich Internet applications (“Third Party
- Offerings”). Your access to and use of any Third Party Offering, including any goods, services, or
- information, is governed by the terms and conditions respecting such offerings and copyright laws of the
- United States and other countries. Third Party Offerings are not owned or provided by Adobe. You agree
- that you will not use any of such Third Party Offerings in violation of copyright laws of the United States
- or other countries. Adobe or the third party may at any time, for any reason, modify or discontinue the
- availability of any Third Party Offerings. Adobe does not control, endorse, or accept responsibility for
- Third Party Offerings. Any dealings between you and any third party in connection with a Third Party
- Offerings, including such party’s privacy policies and use of your personal information, delivery of and
- payment for goods and services, and any other terms, conditions, warranties, or representations
- associated with such dealings, are solely between you and such third party. Third Party Offerings might
- not be available in all languages or to residents of all countries and Adobe or the third party may, at any
- time and for any reason, modify or discontinue the availability of any Third Party Offerings.
- 8.2 EXCEPT AS EXPRESSLY AGREED BY ADOBE OR ITS AFFILIATES OR A THIRD PARTY IN A SEPARATE
- AGREEMENT, YOUR USE OF ADOBE AND THIRD PARTY OFFERINGS IS AT YOUR OWN RISK UNDER
- THE WARRANTY AND LIABILITY LIMITATIONS OF SECTIONS 1.1 AND 10.
- 9. Digital Certificates. You acknowledge and agree to the following:
- 9.1 Use. Adobe AIR uses digital certificates to help you identify the publisher of Adobe AIR applications
- created by third parties. Additionally, Adobe AIR uses digital certificates to establish the identity of
- servers accessed via the Transport Layer Security (TLS) protocol, including access via HTTPS. Adobe
- Reader uses digital certificates to sign and validate signatures within PDF documents and to validate
- certified PDF documents. Adobe Runtimes use digital certificates to secure protected content from
- unauthorized usage. Your Computer may connect to the Internet at the time of validation of a digital
- certificate in order to download current certificate revocation lists (CRLs) or to update the list of digital
- certificates. This access may be made both by the Software and by applications based on the Software.
- Digital certificates are issued by third party certificate authorities, including Adobe Certified Document
- Services (CDS) vendors listed at http://www.adobe.com/go/partners_cds and Adobe Approved Trust
- List (AATL) vendors listed at http://www.adobe.com/go/aatl, and individualization vendors found
- at http://www.adobe.com/go/protected_content (collectively “Certification Authorities”), or can be selfsigned.
- 9.2 Terms and Conditions. Purchase, use and reliance upon digital certificates are the responsibility of
- you and a Certification Authority. Before you rely upon any certified document, digital signature, or
- Certification Authority services, you should review the applicable terms and conditions under which the
- relevant Certification Authority provides services, including, for example, any subscriber agreements,
- relying party agreements, certificate policies, and practice statements. See the links
- on http://www.adobe.com/go/partners_cds for information about Adobe’s CDS vendors
- and http://www.adobe.com/go/aatl for information about Adobe’s AATL vendors.
- 9.3 Acknowledgement. You agree that (a) a digital certificate may have been revoked prior to the time
- of verification, making the digital signature or certificate appear valid when in fact it is not, (b) the
- security or integrity of a digital certificate may be compromised due to an act or omission by the signer
- of the document, the applicable Certification Authority, or any other third party, and (c) a certificate may
- be a self-signed certificate not provided by a Certification Authority. YOU ARE SOLELY RESPONSIBLE
- FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE. UNLESS A SEPARATE WRITTEN
- WARRANTY IS PROVIDED TO YOU BY A CERTIFICATION AUTHORITY, YOU USE DIGITAL
- CERTIFICATES AT YOUR SOLE RISK.
- 9.4 Third Party Beneficiaries. You agree that any Certification Authority you rely upon is a third party
- beneficiary of this agreement and shall have the right to enforce this agreement in its own name as if it
- were Adobe.
- 9.5 Indemnity. You agree to hold Adobe and any applicable Certification Authority (except as expressly
- provided in its terms and conditions) harmless from any and all liabilities, losses, actions, damages, or
- claims (including all reasonable expenses, costs, and attorneys fees) arising out of or relating to any use
- of, or reliance on, by you or any third party that receives a document from you with a digital certificate,
- any service of such authority, including, without limitation (a) reliance on an expired or revoked
- certificate, (b) improper verification of a certificate, (c) use of a certificate other than as permitted by any
- applicable terms and conditions, this agreement, or applicable law; (d) failure to exercise reasonable
- judgment under the circumstances in relying on issuer services or certificates, or (e) failure to perform
- any of the obligations as required in the terms and conditions related to the services.
- 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 http://www.adobe.com to contact the Adobe office serving your jurisdiction.
- Adobe, Adobe AIR, AIR, Authorware, Flash, Reader, and Shockwave are either registered trademarks or
- trademarks of Adobe Systems Incorporated in the United States and/or other countries.
- PlatformClients_PC_WWEULA-en_US-20100625_1419
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