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Sat May 14 00:54:55 2011 UTC (3 years, 5 months ago) by lack
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Adding new license for Adobe flash-player 10.3.

1 lack 1.1 http://www.adobe.com/products/eulas/players/flash/
2    
3     End User License Agreement
4    
5     ADOBE® SOFTWARE LICENSE AGREEMENT
6    
7     NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING, COPYING OR
8     DISTRIBUTING ALL OR ANY PORTION OF THE ADOBE SOFTWARE ("SOFTWARE") YOU
9     ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN
10     PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY
11     IN SECTION 4; WARRANTY IN SECTION 7; AND LIABILITY IN SECTION 8. YOU AGREE
12     THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT
13     SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL
14     ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO
15     NOT AGREE, DO NOT USE THIS SOFTWARE.
16    
17     Adobe and its suppliers own all intellectual property in the Software. Adobe
18     permits you to Use the Software only in accordance with the terms of this
19     Agreement. Use of some third party materials included in the Software may be
20     subject to other terms and conditions typically found in a separate license
21     agreement, a “Read Me” file located near such materials or in the “Third
22     Party Software Notices and/or Additional Terms and Conditions” found at
23     [92]www.adobe.com/go/thirdparty/
24     1. Definitions. "Software" means (a) all of the contents of the files
25     (provided either by electronic download, on physical media or any other
26     method of distribution), disk(s), CD-ROM(s) or other media with which
27     this Agreement is provided, including but not limited to (i) Adobe or
28     third party computer information or software, including the Adobe
29     Reader® ("Adobe Reader"), Adobe Flash® Player, Shockwave® Player and
30     Authorware® Player (collectively, the Flash, Shockwave and Authorware
31     players, are the "Web Players"); (ii) related explanatory written
32     materials or files ("Documentation"); and (iii) fonts; and (b) upgrades,
33     modified versions, updates, additions, and copies of the Software, if
34     any, licensed to you by Adobe (collectively, "Updates"). "Use" or
35     "Using" means to access, install, download, copy, or otherwise benefit
36     from using the functionality of the Software in accordance with the
37     Documentation. "Permitted Number" means one (1) unless otherwise
38     indicated under a valid license (e.g., volume license) granted by Adobe.
39     "Computer" means an electronic device that accepts information in
40     digital or similar form and manipulates it for a specific result based
41     on a sequence of instructions. "Adobe" means Adobe Systems Incorporated,
42     a Delaware corporation, 345 Park Avenue, San Jose, California 95110, if
43     subsection 9(a) of this Agreement applies; otherwise it means Adobe
44     Systems Software Ireland Limited, Unit 3100, Lake Drive, City West
45     Campus, Saggart D24, Republic of Ireland, a company organized under the
46     laws of Ireland and an affiliate and licensee of Adobe Systems
47     Incorporated.
48     2. Software License. If you obtained the Software from Adobe or one of its
49     authorized licensees, and subject to your compliance with the terms of
50     this agreement (this "Agreement"), including the restrictions in Setion
51     3, Adobe grants to you a non-exclusive license to Use the Software for
52     the purposes described in the Documentation as follows.
53     2.1 General Use. You may install and Use a copy of the Software on your
54     compatible Computer, up to the Permitted Number of computers. The
55     Software may not be shared, installed or used concurrently on different
56     computers. See Section 3 for important restrictions on the Use of Adobe
57     Reader and Web Players.
58     2.2 Server Use and Distribution.
59     2.2.1 You may install one copy of the Adobe Reader on a computer file
60     server within your internal network for the sole and exclusive purpose
61     of (a) using the Software (from an unlimited number of client computers
62     on your internal network) via (i) the Network File System (NFS) for UNIX
63     versions of the Software or (ii) Windows Terminal Services and (b)
64     allowing for printing within your internal network. Unless otherwise
65     expressly permitted hereunder, no other server or network use of the
66     Software is permitted, including but not limited to use of the Software
67     (i) either directly or through commands, data or instructions from or to
68     another computer or (ii) for internal network, internet or web hosting
69     services.
70     2.2.2 For information on how to distribute the Software on tangible
71     media or through an internal network please refer to the sections
72     entitled "How to Distribute Adobe Reader" at
73     [93]http://www.adobe.com/products/acrobat/distribute.html; or
74     "Distribute Macromedia Web Players" at
75     [94]http://www.adobe.com/licensing.
76     2.3 Backup Copy. You may make one backup copy of the Software, provided
77     your backup copy is not installed or used on any Computer. You may not
78     transfer the rights to a backup copy unless you transfer all rights in
79     the Software as provided under Section 4.
80     2.4 Portable or Home Computer Use. If and only if the Software is Adobe
81     Reader, in addition to the single copy permitted under Sections 2.1 and
82     2.2, the primary user of the Computer on which the Software is installed
83     may make a second copy of the Software for his or her exclusive Use on
84     either a portable Computer or a Computer located at his or her home,
85     provided the Software on the portable or home Computer is not used at
86     the same time as the Software on the primary computer.
87     2.5 No Modification.
88     2.5.1 You may not modify, adapt, translate or create derivative works
89     based upon the Software. You may not reverse engineer, decompile,
90     disassemble or otherwise attempt to discover the source code of the
91     Software except to the extent you may be expressly permitted to
92     decompile under applicable law, it is essential to do so in order to
93     achieve operability of the Software with another software program, and
94     you have first requested Adobe to provide the information necessary to
95     achieve such operability and Adobe has not made such information
96     available. Adobe has the right to impose reasonable conditions and to
97     request a reasonable fee before providing such information. Any such
98     information supplied by Adobe and any information obtained by you by
99     such permitted decompilation may only be used by you for the purpose
100     described herein and may not be disclosed to any third party or used to
101     create any software which is substantially similar to the expression of
102     the Software. Requests for information should be directed to the Adobe
103     Customer Support Department.
104     2.5.2 As an exception to the above, you may customize or extend the
105     functionality of the installer for the Adobe Reader as specifically
106     allowed by instructions found at
107     [95]http://www.adobe.com/support/main.html or
108     [96]http://partners.adobe.com (e.g., installation of additional plug-in
109     and help files). You may not otherwise alter or modify the Software or
110     create a new installer for the Software. The Adobe Reader is licensed
111     and distributed by Adobe for viewing, distributing and sharing PDF
112     files.
113     2.6 Third Party Website Access. The Software may allow you to access
114     third party websites ("Third Party Sites"). Your access to and use of
115     any Third Party Sites, including any goods, services or information made
116     available from such sites, is governed by the terms and conditions found
117     at each Third Party Site, if any. Third Party Sites are not owned or
118     operated by Adobe. YOUR USE OF THIRD PARTY SITES IS AT YOUR OWN RISK.
119     ADOBE MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR
120     TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE
121     OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO
122     NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY,
123     SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS
124     FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE THIRD PARTY SITES.
125     2.7 Certified Documents.
126     2.7.1 Certified Documents and CD Services. The Software may allow you
127     to validate Certified Documents. A "Certified Document" or “CD” is a PDF
128     file that has been digitally signed using (a) a certificate and (b) a
129     “private” encryption key that corresponds to the “public” key in the
130     certificate. Validation of a CD requires CD Services from the CD Service
131     Provider that issued the certificate. “CD Service Provider” is an
132     independent third party service vendor listed at
133     [97]http://www.adobe.com/security/partners_cds.html. “CD Services” are
134     services provided by CD Service Providers, including without limitation
135     (i) certificates issued by such CD Service Provider for use with the
136     Software's CD feature set, (ii) services related to issuance of
137     certificates, and (iii) other services related to certificates,
138     including without limitation verification services.
139     2.7.2 CD Service Providers. Although the Software may provide
140     validation features, Adobe does not supply the necessary CD Services
141     required to use these features. Purchasing, availability and
142     responsibility for the CD Services are between you and the CD Service
143     Provider. Before you rely upon any CD, any digital signature applied
144     thereto, and/or any related CD Services, you must first review and agree
145     to the applicable Issuer Statement and this Agreement. “Issuer
146     Statement” means the terms and conditions under which each CD Service
147     Provider offers CD Services (see the links on
148     [98]http://www.adobe.com/security/partners_cds.html), including for
149     example any subscriber agreements, relying party agreements, certificate
150     policies and practice statements, and Section 2.7 of this Agreement. By
151     validating a CD using CD Services, you acknowledge and agree that (a)
152     the certificate used to digitally sign a CD may be revoked at the time
153     of verification, making the digital signature on the CD appear valid
154     when in fact it is not, (b) the security or integrity of a CD may be
155     compromised due to an act or omission by the signer of the CD, the
156     applicable CD Service Provider, or any other third party and (c) you
157     must read, understand, and be bound by the applicable Issuer Statement.
158     2.7.3 Warranty Disclaimer. CD Service Providers offer CD Services
159     solely in accordance with the applicable Issuer Statement. ACCESS TO THE
160     CD SERVICES THROUGH THE USE OF THE SOFTWARE IS MADE AVAILABLE ON AN “AS
161     IS” BASIS ONLY AND WITHOUT ANY WARRANTY OR INDEMNITY OF ANY KIND (EXCEPT
162     AS SUPPLIED BY A CD SERVICES PROVIDER IN ITS ISSUER STATEMENT). ADOBE
163     AND EACH CD SERVICE PROVIDER (EXCEPT AS EXPRESSLY PROVIDED IN ITS ISSUER
164     STATEMENT) MAKE NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS
165     OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM,
166     USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO
167     NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY,
168     SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS
169     FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE CD SERVICES.
170     2.7.4 Indemnity. You agree to hold Adobe and any applicable CD Service
171     Provider (except as expressly provided in its Issuer Statement) harmless
172     from any and all liabilities, losses, actions, damages, or claims
173     (including all reasonable expenses, costs, and attorneys fees) arising
174     out of or relating to any use of, or reliance on, any CD Service,
175     including, without limitation (a) reliance on an expired or revoked
176     certificate, (b) improper verification of a certificate, (c) use of a
177     certificate other than as permitted by any applicable Issuer Statement,
178     this Agreement or applicable law; (d) failure to exercise reasonable
179     judgment under the circumstances in relying on the CD Services or (e)
180     failure to perform any of the obligations as required in an applicable
181     Issuer Statement.
182     2.7.5 Limit of Liability. UNDER NO CIRCUMSTANCES WILL ADOBE OR ANY CD
183     SERVICE PROVIDER (EXCEPT AS EXPRESSLY SET FORTH IN ITS ISSUER STATEMENT)
184     BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY, FOR ANY LOSS OF USE,
185     REVENUE OR PROFIT, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC
186     LOSS OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY,
187     PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO YOUR
188     USE OR RELIANCE UPON CD SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF
189     SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. THIS LIMITATION SHALL
190     APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH
191     OF THE FUNDAMENTAL OR MATERIALTERMS OF THIS AGREEMENT.
192     2.7.6 Third Party Beneficiaries. You agree that any CD Service Provider
193     you utilize shall be a third party beneficiary with respect to this
194     Section 2.7 of this Agreement, and that such CD Service Provider shall
195     have the right to enforce such provisions in its own name as if the CD
196     Service Provider were Adobe.
197     3. Restrictions.
198     3.1 Web Player Prohibited Devices. You may not Use any Web Player on
199     any non-PC device or with any embedded or device version of any
200     operating system. For the avoidance of doubt, and by example only, you
201     may not use a Web Player on any (a) mobile devices, set top boxes (STB),
202     handhelds, phones, web pads, tablets and Tablet PCs that are not running
203     Windows XP Tablet PC Edition, game consoles, TVs, DVD players, media
204     centers (excluding Windows XP Media Center Edition and its successors),
205     electronic billboards or other digital signage, internet appliances or
206     other internet-connected devices, PDAs, medical devices, ATMs, telematic
207     devices, gaming machines, home automation systems, kiosks, remote
208     control devices, or any other consumer electronics device, (b)
209     operator-based mobile, cable, satellite, or television systems or (c)
210     other closed system devices.
211     3.2 Notices. You shall not copy the Software except as set forth in
212     Section 2. Any copy of the Software that you make must contain the same
213     copyright and other proprietary notices that appear on or in the
214     Software.
215     3.3 Document Features. The Software may contain features and
216     functionality (the “Document Features”) that appear disabled or “grayed
217     out.” These Document Features will only activate when opening a PDF
218     document that was created using corresponding enabling technology
219     available only from Adobe (“Keys”). You agree not to access, or attempt
220     to access, disabled Document Features or otherwise circumvent the
221     permissions that control activation of such Document Features. You may
222     only use the Document Features with PDF documents that have been enabled
223     using Keys obtained under a valid license from Adobe. No other use is
224     permitted.
225     3.4 Adobe Reader Restrictions. You are not authorized to integrate or
226     use the Adobe Reader with any other software, plug-in or enhancement
227     that uses or relies upon the the Adobe Reader when converting or
228     transforming PDF files into other file formats (e.g., a PDF file into a
229     TIFF, JPEG, or SVG file). You are not authorized to integrate or use the
230     Adobe Reader with any plug-in software not developed in accordance with
231     the Adobe Integration Key License Agreement. Further, you are not
232     permitted to integrate or use the Adobe Reader with other software, or
233     access PDF files that contain instructions (e.g., JavaScript), in order
234     to (a) save data locally (on the same Computer), (b) create a file that
235     contains data (e.g., an XML or comments file) or (c) save modifications
236     to a PDF file, except when such saving or creation is allowed through
237     the use of Document Feature(s) enabled by Adobe.
238     4. Transfer. You may not rent, lease, sublicense, assign or transfer your
239     rights in the Software, or authorize all or any portion of the Software
240     to be copied onto another user's Computer except as may be expressly
241     permitted herein. You may, however, transfer all your rights to Use the
242     Software to another person or legal entity provided that: (a) you also
243     transfer (i) this Agreement, and (ii) the Software and all other
244     software or hardware bundled or pre-installed with the Software,
245     including all copies, Updates and prior versions, to such person or
246     entity, (b) you retain no copies, including backups and copies stored on
247     a Computer, and (c) the receiving party accepts the terms and conditions
248     of this Agreement and any other terms and conditions upon which you
249     legally purchased a license to the Software. Notwithstanding the
250     foregoing, you may not transfer education, pre-release, or not for
251     resale copies of the Software.
252     5. Intellectual Property Ownership, Copyright Protection. The Software and
253     any authorized copies that you make are the intellectual property of and
254     are owned by Adobe Systems Incorporated and its suppliers. The
255     structure, organization and code of the Software are the valuable trade
256     secrets and confidential information of Adobe Systems Incorporated and
257     its suppliers. The Software is protected by law, including without
258     limitation the copyright laws of the United States and other countries,
259     and by international treaty provisions. Except as expressly stated
260     herein, this Agreement does not grant you any intellectual property
261     rights in the Software and all rights not expressly granted are reserved
262     by Adobe and its suppliers.
263     6. Updates. If the Software is an Update to a previous version of the
264     Software, you must possess a valid license to such previous version in
265     order to Use such Update. All Updates are provided to you on a license
266     exchange basis. You agree that by Using an Update you voluntarily
267     terminate your right to use any previous version of the Software. As an
268     exception, you may continue to Use previous versions of the Software on
269     your Computer after you Use the Update but only to assist you in the
270     transition to the Update, provided that: (a) the Update and the previous
271     versions are installed on the same computer; (b) the previous versions
272     or copies thereof are not transferred to another party or Computer
273     unless all copies of the Update are also transferred to such party or
274     Computer; and (c) you acknowledge that any obligation Adobe may have to
275     support the previous versions of the Software may be ended upon
276     availability of the Update.
277     7. NO WARRANTY. The Software is being delivered to you "AS IS" and Adobe
278     makes no warranty as to its use or performance. Adobe provides no
279     technical support, warranties or remedies for the Software. ADOBE AND
280     ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU
281     MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION,
282     REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT
283     BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION,
284     ADOBE AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS,
285     OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM,
286     USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION
287     NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION,
288     SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. The
289     provisions of Section 7 and Section 8 shall survive the termination of
290     this Agreement, howsoever caused, but this shall not imply or create any
291     continued right to Use the Software after termination of this Agreement.
292     8. LIMITATION OF LIABILITY. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE
293     LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY
294     CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST
295     SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE
296     POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY
297     ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE
298     EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ADOBE'S
299     AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION
300     WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE
301     SOFTWARE, IF ANY. Nothing contained in this Agreement limits Adobe's
302     liability to you in the event of death or personal injury resulting from
303     Adobe's negligence or for the tort of deceit (fraud). Adobe is acting on
304     behalf of its suppliers for the purpose of disclaiming, excluding and/or
305     limiting obligations, warranties and liability as provided in this
306     Agreement, but in no other respects and for no other purpose. For
307     further information, please see the jurisdiction specific information at
308     the end of this Agreement, if any, or contact Adobe's Customer Support
309     Department.
310     9. Export Rules. You agree that the Software will not be shipped,
311     transferred or exported into any country or used in any manner
312     prohibited by the United States Export Administration Act or any other
313     export laws, restrictions or regulations (collectively the "Export
314     Laws"). In addition, if the Software is identified as export controlled
315     items under the Export Laws, you represent and warrant that you are not
316     a citizen, or otherwise located within, an embargoed nation (including
317     without limitation Iran, Syria, Sudan, Libya, Cuba, and North Korea) and
318     that you are not otherwise prohibited under the Export Laws from
319     receiving the Software. All rights to Use the Software are granted on
320     condition that such rights are forfeited if you fail to comply with the
321     terms of this Agreement.
322     10. Governing Law. This Agreement will be governed by and construed in
323     accordance with the substantive laws in force: (a) in the State of
324     California, if a license to the Software is obtained when you are in the
325     United States, Canada, or Mexico; or (b) in Japan, if a license to the
326     Software is obtained when you are in Japan, China, Korea, or other
327     Southeast Asian country where all official languages are written in
328     either an ideographic script (e.g., hanzi, kanji, or hanja), and/or
329     other script based upon or similar in structure to an ideographic
330     script, such as hangul or kana; or (c) England, if a license to the
331     Software is purchased when you are in any other jurisdiction not
332     described above. The respective courts of Santa Clara County, California
333     when California law applies, Tokyo District Court in Japan, when
334     Japanese law applies, and the competent courts of England, when the law
335     of England applies, shall each have non-exclusive jurisdiction over all
336     disputes relating to this Agreement. This Agreement will not be governed
337     by the conflict of law rules of any jurisdiction or the United Nations
338     Convention on Contracts for the International Sale of Goods, the
339     application of which is expressly excluded.
340     11. General Provisions. If any part of this Agreement is found void and
341     unenforceable, it will not affect the validity of the balance of this
342     Agreement, which shall remain valid and enforceable according to its
343     terms. This Agreement shall not prejudice the statutory rights of any
344     party dealing as a consumer. This Agreement may only be modified by a
345     writing signed by an authorized officer of Adobe. Updates may be
346     licensed to you by Adobe with additional or different terms. This is the
347     entire agreement between Adobe and you relating to the Software and it
348     supersedes any prior representations, discussions, undertakings,
349     communications or advertising relating to the Software.
350     12. Notice to U.S. Government End Users. The Software and Documentation are
351     "Commercial Items," as that term is defined at 48 C.F.R. §2.101,
352     consisting of "Commercial Computer Software" and "Commercial Computer
353     Software Documentation," as such terms are used in 48 C.F.R. §12.212 or
354     48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or
355     48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial
356     Computer Software and Commercial Computer Software Documentation are
357     being licensed to U.S. Government end users (a) only as Commercial Items
358     and (b) with only those rights as are granted to all other end users
359     pursuant to the terms and conditions herein. Unpublished-rights reserved
360     under the copyright laws of the United States. Adobe Systems
361     Incorporated, 345 Park Avenue, San Jose, CA 95110-2704, USA. For U.S.
362     Government End Users, Adobe agrees to comply with all applicable equal
363     opportunity laws including, if appropriate, the provisions of Executive
364     Order 11246, as amended, Section 402 of the Vietnam Era Veterans
365     Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of
366     the Rehabilitation Act of 1973, as amended, and the regulations at 41
367     CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action
368     clause and regulations contained in the preceding sentence shall be
369     incorporated by reference in this Agreement.
370     13. Compliance with Licenses. If you are a business or organization, you
371     agree that upon request from Adobe or Adobe's authorized representative,
372     you will within thirty (30) days fully document and certify that use of
373     any and all Software at the time of the request is in conformity with
374     your valid licenses from Adobe.
375     14. Specific Provisions and Exceptions.
376     14.1 Limited Warranty for Users Residing in Germany or Austria. If you
377     obtained the Software in Germany or Austria, and you usually reside in
378     such country, then Section 7 does not apply, instead, Adobe warrants
379     that the Software provides the functionalities set forth in the
380     Documentation (the "agreed upon functionalities") for the limited
381     warranty period following receipt of the Software when used on the
382     recommended hardware configuration. As used in this Section, "limited
383     warranty period" means one (1) year if you are a business user and two
384     (2) years if you are not a business user. Non-substantial variation from
385     the agreed upon functionalities shall not be considered and does not
386     establish any warranty rights. THIS LIMITED WARRANTY DOES NOT APPLY TO
387     SOFTWARE PROVIDED TO YOU FREE OF CHARGE, FOR EXAMPLE, UPDATES,
388     PRE-RELEASE, TRYOUT, PRODUCT SAMPLER, NOT FOR RESALE (NFR) COPIES OF
389     SOFTWARE, OR SOFTWARE THAT HAS BEEN ALTERED BY YOU, TO THE EXTENT SUCH
390     ALTERATIONS CAUSED A DEFECT. To make a warranty claim, during the
391     limited warranty period you must return, at our expense, the Software
392     and proof of purchase to the location where you obtained it. If the
393     functionalities of the Software vary substantially from the agreed upon
394     functionalities, Adobe is entitled -- by way of re-performance and at
395     its own discretion -- to repair or replace the Software. If this fails,
396     you are entitled to a reduction of the purchase price (reduction) or to
397     cancel the purchase agreement (rescission). For further warranty
398     information, please contact Adobe's Customer Support Department
399     14.2 Limitation of Liability for Users Residing in Germany and Austria.
400     14.2.1 If you obtained the Software in Germany or Austria, and you
401     usually reside in such country, then Section 8 does not apply, Instead,
402     subject to the provisions in Section 14.2.2, Adobe's statutory liability
403     for damages shall be limited as follows: (i) Adobe shall be liable only
404     up to the amount of damages as typically foreseeable at the time of
405     entering into the purchase agreement in respect of damages caused by a
406     slightly negligent breach of a material contractual obligation and (ii)
407     Adobe shall not be liable for damages caused by a slightly negligent
408     breach of a non-material contractual obligation.
409     14.2.2 The aforesaid limitation of liability shall not apply to any
410     mandatory statutory liability, in particular, to liability under the
411     German Product Liability Act, liability for assuming a specific
412     guarantee or liability for culpably caused personal injuries.
413     14.2.3 You are required to take all reasonable measures to avoid and
414     reduce damages, in particular to make back-up copies of the Software and
415     your computer data subject to the provisions of this Agreement.
416     14.3 Pre-release Product Additional Terms. If the product you have
417     received with this license is pre-commercial release or beta Software
418     ("Pre-release Software"), then the following Section applies. To the
419     extent that any provision in this Section is in conflict with any other
420     term or condition in this Agreement, this Section shall supercede such
421     other term(s) and condition(s) with respect to the Pre-release Software,
422     but only to the extent necessary to resolve the conflict. You
423     acknowledge that the Software is a pre-release version, does not
424     represent final product from Adobe, and may contain bugs, errors and
425     other problems that could cause system or other failures and data loss.
426     Consequently, the Pre-release Software is provided to you "AS-IS", and
427     Adobe disclaims any warranty or liability obligations to you of any
428     kind. WHERE LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT
429     IT MAY BE LIMITED, ADOBE'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE
430     LIMITED TO THE SUM OF FIFTY DOLLARS (U.S. $50) IN TOTAL. You acknowledge
431     that Adobe has not promised or guaranteed to you that Pre-release
432     Software will be announced or made available to anyone in the future,
433     Adobe has no express or implied obligation to you to announce or
434     introduce the Pre-release Software and that Adobe may not introduce a
435     product similar to or compatible with the Pre-release Software.
436     Accordingly, you acknowledge that any research or development that you
437     perform regarding the Pre-release Software or any product associated
438     with the Pre-release Software is done entirely at your own risk. During
439     the term of this Agreement, if requested by Adobe, you will provide
440     feedback to Adobe regarding testing and use of the Pre-release Software,
441     including error or bug reports. If you have been provided the
442     Pre-release Software pursuant to a separate written agreement, such as
443     the Adobe Systems Incorporated Serial Agreement for Unreleased Products,
444     your use of the Software is also governed by such agreement. You agree
445     that you may not and certify that you will not sublicense, lease, loan,
446     rent, assign or transfer the Pre-release Software. Upon receipt of a
447     later unreleased version of the Pre-release Software or release by Adobe
448     of a publicly released commercial version of the Software, whether as a
449     stand-alone product or as part of a larger product, you agree to return
450     or destroy all earlier Pre-release Software received from Adobe and to
451     abide by the terms of the license agreement for any such later versions
452     of the Pre-release Software. Notwithstanding anything in this Section to
453     the contrary, if you are located outside the United States of America,
454     you agree that you will return or destroy all unreleased versions of the
455     Pre-release Software within thirty (30) days of the completion of your
456     testing of the Software when such date is earlier than the date for
457     Adobe's first commercial shipment of the publicly released (commercial)
458     Software.
459     14.4 Settings Manager. Use of the Web Players, specifically the Flash
460     Player, will enable the Software to store certain user settings as a
461     local shared object on a your Computer. These settings are not
462     associated with you, but allow you to configure certain settings within
463     the Flash Player. You can find more information on local shared objects
464     at [99]http://www.adobe.com/software/flashplayer/security/ and more
465     information on the Settings Manager at
466     [100]www.adobe.com/go/settingsmanager.
467    
468     If you have any questions regarding this Agreement or if you wish to request
469     any information from Adobe please use the address and contact information
470     included with this product or via the web at www.adobe.com to contact the
471     Adobe office serving your jurisdiction
472    
473     Adobe, Authorware, Flash, Reader, and Shockwave are either registered
474     trademarks or trademarks of Adobe Systems Incorporated in the United States
475     and/or other countries.
476    
477    
478     Reader-PlayerWWEULA-en_US-20060607_2230

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