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Adding new license for Adobe flash-player 10.3.

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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