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ADOBE
End User License Agreement
Please return any accompanying registration form to receive registration benefits.
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION
OF THE 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 6 AND 7; AND LIABILITY IN SECTION 8. YOU AGREE
THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED
BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE. IF YOU ACQUIRED THE SOFTWARE
ON TANGIBLE MEDIA (e.g. CD) WITHOUT AN OPPORTUNITY TO REVIEW THIS LICENSE AND
YOU DO NOT ACCEPT THIS AGREEMENT, YOU MAY OBTAIN A REFUND OF THE AMOUNT YOU
ORIGINALLY PAID IF YOU: (A) DO NOT USE THE SOFTWARE AND (B) RETURN IT, WITH
PROOF OF PAYMENT, TO THE LOCATION FROM WHICH IT WAS OBTAINED WITHIN THIRTY (30)
DAYS OF THE PURCHASE DATE.
1. Definitions.
"Software" means (a) all of the contents of the files, 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; (ii) digital images,
stock photographs, clip art, sounds or other artistic works ("Stock Files");
(iii) related explanatory written materials or files ("Documentation");
and (iv) 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.
"A
dobe" means Adobe Systems Incorporated, a Delaware corporation, 345 Park
Avenue, San Jose, California 95110, if subsection 10(a) of this Agreement applies;
otherwise it means Adobe Systems Benelux BV, Europlaza, Hoogoorddreef 54a, 1101
BE Amsterdam ZO, the Netherlands, a company organized under the laws of the
Netherlands and an affiliate and licensee of Adobe Systems Incorporated.
2. Software License.
As long as you comply with the terms of this End User License Agreement (the
"Agreement"), Adobe grants to you a non-exclusive license to Use the
Software for the purposes described in the Documentation. Some third party materials
included in the Software may be subject to other terms and conditions, which
are typically found in a "Read Me" file located near such materials.
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; or
2.2. Server Use. You may install one copy of the Software on your computer file
server for the purpose of downloading and installing the Software onto other
computers within your internal network up to the Permitted Number or you may
install one copy of the Software on a computer file server within your internal
network for the sole and exclusive purpose of using the Software through commands,
data or instructions (e.g. scripts) from an unlimited number of computers on
your internal network. No other network use is permitted, including but not
limited to, using the Software either directly or through commands, data or
instructions from or to a computer not part of your internal network, for internet
or web hosting services or by any user not licensed to use this copy of the
Software through a valid license from Adobe; and
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. Home Use. You, as the primary user of the computer on which the Software
is installed, may also install the Software on one of your home computers. However,
the Software may not be used on your home computer at the same time the Software
on the primary computer is being used.
2.5. Stock Files. Unless stated otherwise in the "Read-Me" files associated
with the Stock Files, which may include specific rights and restrictions with
respect to such materials, you may display, modify, reproduce and distribute
any of the Stock Files included with the Software. However, you may not distribute
the Stock Files on a stand-alone basis, i.e., in circumstances in which the
Stock Files constitute the primary value of the product being distributed. Stock
Files may not be used in the production of libelous, defamatory, fraudulent,
lewd, obscene or pornographic material or any material that infringes upon any
third party intellectual property rights or in any otherwise illegal manner.
You may not claim any trademark rights in the Stock Files or derivative works
thereof.
2.6. Font Software. If the Software includes font software -
2.6.1. You may Use the font software as described above on the Permitted Number
of computers and output such font software on any output devices connected to
such computers.
2.6.2. If the Permitted Number of computers is five or fewer, you may download
the font software to the memory (hard disk or RAM) of one output device connected
to at least one of such computers for the purpose of having such font software
remain resident in the output device, and of one additional such output device
for every multiple of five represented by the Permitted Number of computers.
2.6.3. You may take a copy of the font(s) you have used for a particular file
to a commercial printer or other service bureau, and such service bureau may
Use the font(s) to process your file, provided such service bureau has a valid
license to Use that particular font software.
2.6.4. You may convert and install the font software into another format for
use in other environments, subject to the following conditions: A computer on
which the converted font software is used or installed shall be considered as
one of your Permitted Number of computers. Use of the font software you have
converted shall be pursuant to all the terms and conditions of this Agreement.
Such converted font software may be used only for your own customary internal
business or personal use and may not be distributed or transferred for any purpose,
except in accordance with the Transfer section below.
2.6.5 You may embed the font software, or outlines of the font software, into
your electronic documents to the extent that the font vendor copyright owner
allows for such embedding. The fonts contained in this package may contain both
Adobe and non-Adobe owned fonts. You may fully embed any font owned by Adobe.
Refer to the font sample sheet or font information file to determine font ownership.
See the Documentation for location and information on how to access these sheets
and files.
2.7 To the extent that the Software includes Adobe Acrobat Reader software,
(i) you may customize the installer for such software in accordance with the
restrictions found at www.adobe.com (e.g., installation of additional plug-in
and help files); however, you may not otherwise alter or modify the installer
program or create a new installer for any of such software, (ii) such software
is licensed and distributed by Adobe for viewing, distributing and sharing PDF
files, and (iii) you are not authorized to use any plug-in or enhancement that
permits you to save modifications to a PDF file with such software; however,
such use is authorized with Adobe Acrobat, Adobe Acrobat Business Tools, and
other current and future Adobe products that feature the creation or manipulation
of PDF files. For information on how to distribute Adobe Acrobat® Reader(TM)
and Adobe SVG Viewer please refer to the sections entitled "How to Distribute
Acrobat Reader" and "How to Distribute SVG Viewer" at www.adobe.com.
3. Intellectual
Property Rights. The Software and any copies that you are authorized by Adobe
to 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 copyright, including without
limitation by United States Copyright Law, international treaty provisions and
applicable laws in the country in which it is being used. You may not copy the
Software, except as set forth in Section 2 ("Software License"). Any
copies that you are permitted to make pursuant to this Agreement must contain
the same copyright and other proprietary notices that appear on or in the Software.
Except for font software converted to other formats as permitted in section
2.6.4, you agree not to modify, adapt or translate the Software.You also agree
not to 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 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.
Requests for information should be directed to the Adobe Customer Support Department.
Trademarks shall be used in accordance with accepted trademark practice, including
identification of trademarks owners' names. Trademarks can only b
e used to identify printed output produced by the Software and such use of any
trademark does not give you any rights of ownership in that trademark. Except
as expressly stated above, this Agreement does not grant you any intellectual
property rights in the Software.
4. Transfer. You may not, rent, lease, sublicense or authorize all or any portion of the Software to be copied onto another users 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 each this Agreement, the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, Updates and prior versions, and all copies of font software converted into other formats, 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. Multiple Environment
Software / Multiple Language Software / Dual Media Software / Multiple Copies/
Bundles / Updates. If the Software supports multiple platforms or languages,
if you receive the Software on multiple media, if you otherwise receive multiple
copies of the Software, or if you received the Software bundled with other software,
the total number of your computers on which all versions of the Software are
installed may not exceed the Permitted Number. You may not, rent, lease, sublicense,
lend or transfer any versions or copies of such Software you do not Use. 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 the Update. You may
continue to Use the previous version of the Software on your computer after
you receive the Update to assist you in the transition to the Update, provided
that: the Update and the previous version are installed on the same computer;
the previous version 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 you acknowledge that any obligation
Adobe may have to support the previous version of the Software may be ended
upon availability of the Update.
6. NO WARRANTY. The Software is being delivered to you "AS IS" and Adobe makes no warranty as to its use or performance. 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.
7. 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 LEGALLY 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, that 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 c
ertify that you will not sublicense, lease, loan, rent, 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 End User 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.
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 oth
er 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, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) 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 purchased when you are in the United States, Canada, or Mexico; or (b) in
Japan, if a license to the Software is purchased when you are in Japan, China,
Korea, R.O.C, 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) the Netherlands, 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 courts of
Amsterdam, the Netherlands, when the law of the Netherlands applies, shall each
have non-exclusive jurisdiction over all disputes relating to th
is 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 the 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 Adobe Software at the time of the request is in conformity with your valid licenses from Adobe.
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 to contact the Adobe office serving your jurisdiction.
Adobe, Acrobat, Acrobat Reader, and After Effects are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries.
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