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Add AdobeFlash-11.x license.

1 http://www.adobe.com/products/eulas/pdfs/PlatformClients_PC_WWEULA-MULTI-20110809_1357.pdf
2
3 ADOBE
4 Personal Computer Software License Agreement
5
6 1. WARRANTY DISCLAIMER, BINDING AGREEMENT AND ADDITIONAL TERMS AND AGREEMENTS.
7
8 1.1 WARRANTY DISCLAIMER. THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU
9 “AS IS” AND WITH ALL FAULTS. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT
10 AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE
11 SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO
12 THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE
13 EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS
14 SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS,
15 REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW,
16 CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION
17 NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY
18 QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10
19 SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL
20 NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF
21 THIS AGREEMENT.
22
23 1.2 BINDING AGREEMENT: By using, copying or distributing all or any portion of the Adobe
24 Software, you accept all the terms and conditions of this agreement, including, in particular, the
25 provisions on:
26
27 - Use (Section 3);
28 - Transferability (Section 5);
29 - Connectivity and Privacy (Section 7), including:
30 - Updating,
31 - Local Storage,
32 - Settings Manager,
33 - Peer Assisted Networking Technology,
34 - Content Protection Technology, and
35 - Use of Adobe Online Services;
36 - Warranty Disclaimer (Section 1.1), and;
37 - Liability Limitations (Sections 10 and 17).
38
39 Upon acceptance, this agreement is enforceable against you and any entity that obtained the
40 Software and on whose behalf it is used. If you do not agree, do not Use the Software.
41
42 1.3 ADDITIONAL TERMS AND AGREEMENTS. Adobe permits you to Use the Software only in
43 accordance with the terms of this agreement. Use of some third party materials included in the
44 Software may be subject to other terms and conditions typically found in a separate license
45 agreement, a “Read Me” file located near such materials or in the “Third Party Software Notices
46 and/or Additional Terms and Conditions” found at http://www.adobe.com/go/thirdparty. Such other
47 terms and conditions will supersede all or portions of this agreement in the event of a conflict with
48 the terms and conditions of this agreement.
49
50 2. Definitions.
51 “Adobe” means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose,
52 California 95110, if subsection 12(a) of this agreement applies; otherwise it means Adobe Systems
53 Software Ireland Limited, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland, a company
54 organized under the laws of Ireland and an affiliate and licensee of Adobe Systems Incorporated.
55
56 “Compatible Computer” means a Computer that conforms to the system requirements of the Software
57 as specified in the Documentation.
58
59 “Computer” means a virtual machine or physical personal electronic device that accepts information in
60 digital or similar form and manipulates it for a specific result based on a sequence of instructions.
61 “Personal Computer” or “PC” shall mean a hardware product which is designed and marketed with the
62 primary purpose of operating a wide variety of productivity, entertainment, and other software
63 applications provided by unrelated third party software vendors, which operates depending upon the
64 use of a full function and full feature set computer operating system of the type(s) then in widespread
65 use with hardware to operate general purpose laptop, desktop, server, and large format tablet
66 microprocessor based computers. This definition of Personal Computer shall exclude hardware
67 products that are designed and/or marketed to have as their primary purpose any number of the
68 following: television, television receiver, portable media player, audio/video receiver, radio, audio
69 headphone, audio speaker, personal digital assistant (“PDA”), telephone or similar telephony based
70 device, game console, personal video recorder (“PVR”), player for digital versatile disc (“DVD”) or other
71 optical media, video camera, still camera, camcorder, video editing and format conversion device, video
72 image projection device, and shall further exclude any similar type of consumer, professional or
73 industrial device.
74
75 “Software” means (a) all of the contents of the files (delivered electronically or on physical media), or
76 disk(s) or other media with which this agreement is provided, which may include (i) Adobe or third
77 party computer information or software, including Adobe Reader® (“Adobe Reader”), Adobe® AIR®
78 (“Adobe AIR”), Adobe Flash® Player, Shockwave® Player and Authorware® Player (collectively, Adobe AIR
79 and the Flash, Shockwave and Authorware players are the “Adobe Runtimes”); (ii) related explanatory
80 written materials or files (“Documentation”); and (iii) fonts; and (b) upgrades, modified versions,
81 updates, additions, and copies of the foregoing, provided to you by Adobe at any time (collectively,
82 “Updates”).
83
84 “Use” means to access, install, download, copy, or otherwise benefit from using the functionality of the
85 Software.
86
87 3. Software License.
88
89 If you obtained the Software from Adobe or one of its authorized licensees, and subject to your
90 compliance with the terms of this agreement, including the restrictions in Section 4, Adobe grants to
91 you a non-exclusive license to Use the Software in the manner and for the purposes described in the
92 Documentation as follows:
93
94 3.1 General Use. You may install and Use one copy of the Software on your Compatible Computer. See
95 Section 4 for important restrictions on the Use of the Software.
96
97 3.2 Server Use. This agreement does not permit you to install or Use the Software on a computer file
98 server. For information on Use of Software on a computer file server please refer to
99 http://www.adobe.com/go/acrobat_distribute for information about Adobe Reader; or
100 http://www.adobe.com/go/licensing for information about the Adobe Runtimes.
101
102 3.3 Distribution. This license does not grant you the right to sublicense or distribute the Software. For
103 information about obtaining the right to distribute the Software on tangible media or through an
104 internal network or with your product or service please refer to
105 http://www.adobe.com/go/acrobat_distribute for information about Adobe Reader; or
106 http://www.adobe.com/go/licensing for information about the Adobe Runtimes.
107
108 3.4 Backup Copy. You may make one backup copy of the Software, provided your backup copy is not
109 installed or used other than for archival purposes. You may not transfer the rights to a backup copy
110 unless you transfer all rights in the Software as provided under Section 5.
111
112 4. Obligations and Restrictions.
113
114 4.1 Adobe Runtime Restrictions. You will not Use any Adobe Runtime on any non-PC device or with any
115 embedded or device version of any operating system. For the avoidance of doubt, and by example only,
116 you may not Use an Adobe Runtime on any (a) mobile device, set top box (STB), handheld, phone,
117 game console, TV, DVD player, media center (other than with Windows XP Media Center Edition and its
118 successors), electronic billboard or other digital signage, Internet appliance or other Internet-connected
119 device, PDA, medical device, ATM, telematic device, gaming machine, home automation system, kiosk,
120 remote control device, or any other consumer electronics device, (b) operator-based mobile, cable,
121 satellite, or television system or (c) other closed system device. No right or license to Use any Adobe
122 Runtime is granted for such prohibited uses. For information on Software license terms for non-PC
123 versions of Adobe Runtimes please visit http://www.adobe.com/go/runtime_mobile_EULA. For
124 information on licensing Adobe Runtimes for distribution on such systems please visit
125 http://www.adobe.com/go/licensing.
126
127 4.1.1 AVC Video Restrictions. The Software may contain H.264/AVC video technology, the use of which
128 requires the following notice from MPEG-LA, L.L.C.:
129 THIS SOFTWARE IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL
130 AND NON-COMMERCIAL USE OF A CONSUMER TO (I) ENCODE VIDEO IN COMPLIANCE WITH THE
131 AVC STANDARD (“AVC VIDEO”) AND/OR (II) DECODE AVC VIDEO THAT WAS ENCODED BY A
132 CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED
133 FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL
134 BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA,
135 L.L.C. SEE http://www.adobe.com/go/mpegla.
136
137 4.1.2 H.264/AVC Software Encoding. The H.264/AVC software encoding functionality available in the
138 Adobe Runtimes is licensed solely for personal, non-commercial use. For more information on
139 obtaining the right to use the H.264/AVC software encoding functionality for commercial purposes,
140 please refer to http://www.adobe.com/go/licensing.
141
142 4.2 Adobe Flash Player Restrictions. You will not use Adobe Flash Player with any application or device
143 that circumvents technological measures for the protection of video, audio, and/or data content,
144 including any of Adobe’s secure RTMP measures. No right or license to use Adobe Flash Player is
145 granted for such prohibited uses.
146
147 4.3 Adobe Reader Restrictions.
148
149 4.3.1 Conversion Restrictions. You will not integrate or use Adobe Reader with any other software, plug-
150 in or enhancement that uses or relies upon Adobe Reader when converting or transforming PDF files
151 into a different format (e.g., a PDF file into a TIFF, JPEG, or SVG file).
152
153 4.3.2 Plug-in Restrictions. You will not integrate or use Adobe Reader with any plug-in software not
154 developed in accordance with the Adobe Integration Key License Agreement, more information can be
155 found at http://www.adobe.com/go/rikla_program.
156
157 4.3.3 Disabled Features. Adobe Reader may contain features or functionalities that are hidden or appear
158 disabled or “grayed out” (the “Disabled Features”). Disabled Features will activate only when opening a
159 PDF document that was created using enabling technology available only from Adobe. You will not
160 access, or attempt to access, any Disabled Features other than through the use of such enabling
161 technologies, nor will you rely on Adobe Reader to create a feature substantially similar to any Disabled
162 Feature or otherwise circumvent the technology that controls activation of any such feature. For more
163 information on disabled features, please refer to http://www.adobe.com/go/readerextensions.
164
165 4.4 Notices. You shall not alter or remove any copyright or other proprietary notice that appears on or
166 in the Software.
167
168 4.5 No Modification or Reverse Engineering. You shall not modify, adapt, translate, or create derivative
169 works based upon the Software. You shall not reverse engineer, decompile, disassemble, or otherwise
170 attempt to discover the source code of the Software. If you are located in the European Union, please
171 refer to the additional terms at the end of this agreement under the header “European Union
172 Provisions,” in Section 16.
173
174 5. Transfer.
175
176 You may not rent, lease, sublicense, assign, or transfer your rights in the Software, or authorize all or any
177 portion of the Software to be copied onto another user’s Computer except as may be expressly
178 permitted by this agreement. You may, however, transfer all your rights to Use the Software to another
179 person or legal entity provided that: (a) you also transfer (i) this agreement, and (ii) the Software and all
180 other software or hardware bundled or pre-installed with the Software, including all copies, Updates,
181 and prior versions, to such person or entity, (b) you retain no copies, including backups and copies
182 stored on a Computer, and (c) the receiving party accepts the terms and conditions of this agreement
183 and any other terms and conditions upon which you obtained a valid license to the Software.
184 Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of
185 the Software.
186
187 6. Intellectual Property Ownership, Reservation of Rights.
188
189 The Software and any authorized copies that you make are the intellectual property of Adobe and its
190 suppliers. The structure, organization, and code of the Software are the valuable intellectually property
191 (e.g. trade secrets and confidential information) of Adobe and its suppliers. The Software is protected by
192 law, including without limitation the copyright laws of the United States and other countries, and by
193 international treaty provisions. Except as expressly stated herein, this agreement does not grant you any
194 intellectual property rights in the Software and all rights not expressly granted are reserved by Adobe
195 and its suppliers.
196
197 7. Connectivity and Privacy. You acknowledge and agree to the following:
198
199 7.1 Use of PDF Files. When you Use the Software to open a PDF file that has been enabled to display
200 ads, your Computer may connect to a website operated by Adobe, an advertiser, or other third party.
201 Your Internet Protocol address (“IP Address”) is sent when this happens. The party hosting the site may
202 use technology to send (or “serve”) advertising or other electronic content that appears in or near the
203 opened PDF file. The website operator may also use JavaScript, web beacons (also known as action tags
204 or single-pixel gifs), and other technologies to increase and measure the effectiveness of advertisements
205 and to personalize advertising content. Your communication with Adobe websites is governed by the
206 Adobe Online Privacy Policy found at http://www.adobe.com/go/privacy (“Adobe Online Privacy
207 Policy”). Adobe may not have access to or control over features that a third party may use, and the
208 information practices of third party websites are not covered by the Adobe Online Privacy Policy.
209
210 7.2 Updating. If your Computer is connected to the Internet, the Software may, without additional
211 notice, check for Updates that are available for automatic download and installation to your Computer
212 and let Adobe know the Software is successfully installed. For Reader, Updates may be automatically
213 downloaded but not installed without additional notice unless you change your preferences to accept
214 automatic installation. Only non-personally identifying information is transmitted to Adobe when this
215 happens, except to the extent that IP Addresses may be considered personally identifiable in some
216 jurisdictions. The use of such information, including your IP Address, as provided by the auto update
217 process is governed by the Adobe Online Privacy Policy. Please consult the Documentation for
218 information about changing default update settings at http://www.adobe.com/go/settingsmanager for
219 Flash Player, http://www.adobe.com/go/update_details_url (or successor website) for Reader, and
220 http://www.adobe.com/go/air_update_details for Adobe AIR.
221
222 7.3 Local Storage. Flash Player and Adobe AIR may allow third parties to store certain information on
223 your Computer in a local data file known as a local shared object. The type and amount of information
224 that the third party application requests to be stored in a local shared object can vary by application and
225 such requests are controlled by the third party. To find more information on local shared objects and
226 learn how to limit or control the storage of local shared objects on your Computer, please visit
227 http://www.adobe.com/go/flashplayer_security.
228
229 7.4 Settings Manager. Flash Player and third-party programs using Adobe AIR may save certain user
230 settings by storing them on your Computer as a local shared object. These settings do not contain
231 personally identifiable information associated with you. They are associated with the instance of Flash
232 Player or the third-party program using Adobe AIR on your Computer, allowing you to customize
233 runtime features. The Flash Player Settings Manager permits you to modify such settings, including the
234 ability to limit third parties from storing local shared objects or grant third party content the right to
235 access your computer’s microphone and camera. You can find more information on how to configure
236 settings in your version of Flash Player, including information on how to disable local shared objects
237 using the Flash Player Settings Manager, at http://www.adobe.com/go/settingsmanager. You can
238 remove equivalent settings for third-party programs using Adobe AIR by uninstalling the third-party
239 program.
240
241 7.5 Peer Assisted Networking Technology. Adobe Flash Player and Adobe AIR runtimes provide the
242 ability for applications built by third parties to connect to an Adobe Server or Service and permit direct
243 communication between two Adobe Runtime clients or to connect an Adobe Runtime client as part of a
244 peer or distributed network that allows a portion of your resources, such as network bandwidth, to be
245 made directly available to other participants. Prior to joining such peer or distributed network, you will
246 be provided with the opportunity to accept such connectivity. You can manage Peer Assisted
247 Networking settings using the Flash Player Settings Manager. Learn more about using the Settings
248 Manager at http://www.adobe.com/go/settingsmanager. You can find more information on Peer
249 Assisted Networking at http://www.adobe.com/go/RTMFP.
250
251 7.6 Content Protection Technology. If you Use the Adobe Runtimes to access content that has been
252 protected with Adobe Flash Media Rights Management Server or Flash Access software (“Content
253 Protection”), in order to let you play the protected content, the Software may automatically request
254 media usage rights and individualization from a server on the Internet, and may download and install
255 required components of the Software, including any available Content Protection Updates. You can
256 clear the content license information using the Flash Player Settings Manager. Learn more about using
257 the Settings Manager at http://www.adobe.com/go/settingsmanager. You can find more information on
258 Content Protection at http://www.adobe.com/go/protected_content.
259
260 7.7 Use of Adobe Online Services. If your Computer is connected to the Internet, the Software may,
261 without additional notice and on an intermittent or regular basis, facilitate your access to content and
262 services that are hosted on websites maintained by Adobe or its affiliates (“Adobe Online Services”).
263 Examples of such Adobe Online Services might include, but are not limited to: Acrobat.com. In some
264 cases an Adobe Online Service might appear as a feature or extension within the Software even though
265 it is hosted on a website. In some cases, access to an Adobe Online Service might require a separate
266 subscription or other fee in order to access it, and/or your assent to additional terms of use. Adobe
267 Online Services might not be available in all languages or to residents of all countries and Adobe may, at
268 any time and for any reason, modify or discontinue the availability of any Adobe Online Service. Adobe
269 also reserves the right to begin charging a fee for access to or use of an Adobe Online Service that was
270 previously offered at no charge. If your Computer is connected to the Internet, the Software may,
271 without additional notice, update downloadable materials from these Adobe Online Services so as to
272 provide immediate availability of these Adobe Online Services even when you are offline. When the
273 Software connects to the Internet as a function of an Adobe Online Service, your IP Address, user name,
274 and password may be sent to Adobe’s servers and stored by Adobe in accordance with the Additional
275 Terms of Use or the “help” menu in the Software. This information may be used by Adobe to send you
276 transactional messages to facilitate the Adobe Online Service. Adobe may display in-product marketing
277 to provide information about the Software and other Adobe products and Services, including but not
278 limited to Adobe Online Services, based on certain Software specific features including but not limited
279 to, the version of the Software, including without limitation, platform version, version of the Software,
280 and language. For further information about in-product marketing, please see the “help” menu in the
281 Software. Whenever the Software makes an Internet connection and communicates with an Adobe
282 website, whether automatically or due to explicit user request, the Adobe Online Privacy Policy shall
283 apply. Additionally, unless you are provided with separate terms of use at that time, the Adobe.com
284 Terms of Use (http://www.adobe.com/go/terms) shall apply. Please note that the Adobe Privacy Policy
285 allows tracking of website visits and it addresses in detail the topic of tracking and use of cookies, web
286 beacons, and similar devices.
287
288 8. Third Party Offerings. You acknowledge and agree to the following:
289
290 8.1 Third Party Offerings. The Software may allow you to access and interoperate with third party
291 content, software applications, and data services, including rich Internet applications (“Third Party
292 Offerings”). Your access to and use of any Third Party Offering, including any goods, services, or
293 information, is governed by the terms and conditions respecting such offerings and copyright laws of the
294 United States and other countries. Third Party Offerings are not owned or provided by Adobe. You agree
295 that you will not use any of such Third Party Offerings in violation of copyright laws of the United States
296 or other countries. Adobe or the third party may at any time, for any reason, modify or discontinue the
297 availability of any Third Party Offerings. Adobe does not control, endorse, or accept responsibility for
298 Third Party Offerings. Any dealings between you and any third party in connection with a Third Party
299 Offerings, including such party’s privacy policies and use of your personal information, delivery of and
300 payment for goods and services, and any other terms, conditions, warranties, or representations
301 associated with such dealings, are solely between you and such third party. Third Party Offerings might
302 not be available in all languages or to residents of all countries and Adobe or the third party may, at any
303 time and for any reason, modify or discontinue the availability of any Third Party Offerings.
304
305 8.2 EXCEPT AS EXPRESSLY AGREED BY ADOBE OR ITS AFFILIATES OR A THIRD PARTY IN A SEPARATE
306 AGREEMENT, YOUR USE OF ADOBE AND THIRD PARTY OFFERINGS IS AT YOUR OWN RISK UNDER
307 THE WARRANTY AND LIABILITY LIMITATIONS OF SECTIONS 1.1 AND 10.
308
309 9. Digital Certificates. You acknowledge and agree to the following:
310
311 9.1 Use. Adobe AIR uses digital certificates to help you identify the publisher of Adobe AIR applications
312 created by third parties. Additionally, Adobe AIR uses digital certificates to establish the identity of
313 servers accessed via the Transport Layer Security (TLS) protocol, including access via HTTPS. Adobe
314 Reader uses digital certificates to sign and validate signatures within PDF documents and to validate
315 certified PDF documents. Adobe Runtimes use digital certificates to secure protected content from
316 unauthorized usage. Your Computer may connect to the Internet at the time of validation of a digital
317 certificate in order to download current certificate revocation lists (CRLs) or to update the list of digital
318 certificates. This access may be made both by the Software and by applications based on the Software.
319 Digital certificates are issued by third party certificate authorities, including Adobe Certified Document
320 Services (CDS) vendors listed at http://www.adobe.com/go/partners_cds and Adobe Approved Trust
321 List (AATL) vendors listed at http://www.adobe.com/go/aatl, and individualization vendors found at
322 http://www.adobe.com/go/protected_content (collectively “Certification Authorities”), or can be self-
323 signed.
324
325 9.2 Terms and Conditions. Purchase, use and reliance upon digital certificates are the responsibility of
326 you and a Certification Authority. Before you rely upon any certified document, digital signature, or
327 Certification Authority services, you should review the applicable terms and conditions under which the
328 relevant Certification Authority provides services, including, for example, any subscriber agreements,
329 relying party agreements, certificate policies, and practice statements. See the links on
330 http://www.adobe.com/go/partners_cds for information about Adobe’s CDS vendors and
331 http://www.adobe.com/go/aatl for information about Adobe’s AATL vendors.
332
333 9.3 Acknowledgement. You agree that (a) a digital certificate may have been revoked prior to the time
334 of verification, making the digital signature or certificate appear valid when in fact it is not, (b) the
335 security or integrity of a digital certificate may be compromised due to an act or omission by the signer
336 of the document, the applicable Certification Authority, or any other third party, and (c) a certificate may
337 be a self-signed certificate not provided by a Certification Authority. YOU ARE SOLELY RESPONSIBLE
338 FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE. UNLESS A SEPARATE WRITTEN
339 WARRANTY IS PROVIDED TO YOU BY A CERTIFICATION AUTHORITY, YOU USE DIGITAL
340 CERTIFICATES AT YOUR SOLE RISK.
341
342 9.4 Third Party Beneficiaries. You agree that any Certification Authority you rely upon is a third party
343 beneficiary of this agreement and shall have the right to enforce this agreement in its own name as if it
344 were Adobe.
345
346 9.5 Indemnity. You agree to hold Adobe and any applicable Certification Authority (except as expressly
347 provided in its terms and conditions) harmless from any and all liabilities, losses, actions, damages, or
348 claims (including all reasonable expenses, costs, and attorneys fees) arising out of or relating to any use
349 of, or reliance on, by you or any third party that receives a document from you with a digital certificate,
350 any service of such authority, including, without limitation (a) reliance on an expired or revoked
351 certificate, (b) improper verification of a certificate, (c) use of a certificate other than as permitted by any
352 applicable terms and conditions, this agreement, or applicable law; (d) failure to exercise reasonable
353 judgment under the circumstances in relying on issuer services or certificates, or (e) failure to perform
354 any of the obligations as required in the terms and conditions related to the services.
355
356 10. Limitation of Liability.
357
358 IN NO EVENT WILL ADOBE, ITS SUPPLIERS, OR CERTIFICATION AUTHORITIES BE LIABLE TO YOU FOR
359 ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT,
360 INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE
361 REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, OR CLAIMS.
362 THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE
363 LAW IN YOUR JURISDICTION. ADOBE’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS AND
364 CERTIFICATION AUTHORITIES UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE
365 LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this agreement
366 limits Adobe’s liability to you in the event of death or personal injury resulting from Adobe’s negligence
367 or for the tort of deceit (fraud). Adobe is acting on behalf of its suppliers and Certification Authorities for
368 the purpose of disclaiming, excluding, and/or limiting obligations, warranties, and liability as provided in
369 this agreement, but in no other respects and for no other purpose. For further information, please see
370 the jurisdiction specific information at the end of this agreement, if any, or contact Adobe’s Customer
371 Support Department.
372
373 11. Export Rules.
374
375 You agree that the Software will not be shipped, transferred, or exported into any country or used in any
376 manner prohibited by the United States Export Administration Act or any other export laws, restrictions,
377 or regulations (collectively the “Export Laws”). In addition, if the Software is identified as export
378 controlled items under the Export Laws, you represent and warrant that you are not a citizen, or
379 otherwise located within, an embargoed nation (including without limitation Iran, Syria, Sudan, Cuba,
380 and North Korea) and that you are not otherwise prohibited under the Export Laws from receiving the
381 Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail
382 to comply with the terms of this agreement.
383
384 12. Governing Law.
385
386 If you are a consumer who uses the Software for only personal non-business purposes, then this
387 agreement will be governed by the laws of the state in which you purchased the license to use the
388 Software. If you are not such a consumer, this agreement will be governed by and construed in
389 accordance with the substantive laws in force in: (a) the State of California, if a license to the Software is
390 obtained when you are in the United States, Canada, or Mexico; or (b) Japan, if a license to the Software
391 is obtained when you are in Japan; or (c) Singapore, if a license to the Software is obtained when you
392 are in a member state of the Association of Southeast Asian Nations, the People’s Republic of China
393 (including Hong Kong S.A.R. and Macau S.A.R.), Taiwan, or the Republic of Korea; or (d) England, if a
394 license to the Software is obtained when you are in any jurisdiction not described above. The respective
395 courts of Santa Clara County, California when California law applies, Tokyo District Court in Japan, when
396 Japanese law applies, and the competent courts of London, England, when the law of England applies,
397 shall each have non-exclusive jurisdiction over all disputes relating to this agreement. When Singapore
398 law applies, any dispute arising out of or in connection with this agreement, including any question
399 regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in
400 Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre
401 (“SIAC”) for the time being in force, which rules are deemed to be incorporated by reference in this
402 section. There shall be one arbitrator, selected jointly by the parties. If the arbitrator is not selected
403 within thirty (30) days of the written demand by a party to submit to arbitration, the Chairman of the
404 SIAC shall make the selection. The language of the arbitration shall be English. Notwithstanding any
405 provision in this agreement, Adobe or you may request any judicial, administrative, or other authority to
406 order any provisional or conservatory measure, including injunctive relief, specific performance, or other
407 equitable relief, prior to the institution of legal or arbitration proceedings, or during the proceedings, for
408 the preservation of its rights and interests or to enforce specific terms that are suitable for provisional
409 remedies. The English version of this agreement will be the version used when interpreting or
410 construing this agreement. This agreement will not be governed by the conflict of law rules of any
411 jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the
412 application of which is expressly excluded.
413
414 13. General Provisions.
415
416 If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance
417 of this agreement, which shall remain valid and enforceable according to its terms. This agreement shall
418 not prejudice the statutory rights of any party dealing as a consumer. This agreement may only be
419 modified by a writing signed by an authorized officer of Adobe. Updates may be licensed to you by
420 Adobe with additional or different terms. This is the entire agreement between Adobe and you relating
421 to the Software and it supersedes any prior representations, discussions, undertakings, communications,
422 or advertising relating to the Software.
423
424 14. Notice to U.S. Government End Users.
425
426 For U.S. Government End Users, Adobe agrees to comply with all applicable equal opportunity laws
427 including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the
428 Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the
429 Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60,
430 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence
431 shall be incorporated by reference in this agreement.
432
433 15. Compliance with Licenses.
434
435 If you are a business or organization, you agree that upon request from Adobe or Adobe’s authorized
436 representative, you will, within thirty (30) days, fully document and certify that use of any and all
437 Software at the time of the request is in conformity with your valid licenses from Adobe.
438
439 16. European Union Provisions.
440
441 Nothing included in this agreement (including Section 4.5) shall limit any non-waivable right to
442 decompile the Software that you may enjoy under mandatory law. For example, if you are located in the
443 European Union (EU), you may have the right upon certain conditions specified in the applicable law to
444 decompile the Software if it is necessary to do so in order to achieve interoperability of the Software
445 with another software program, and you have first asked Adobe in writing to provide the information
446 necessary to achieve such interoperability and Adobe has not made such information available. In
447 addition, such decompilation may only be done by you or someone else entitled to use a copy of the
448 Software on your behalf. Adobe has the right to impose reasonable conditions before providing such
449 information. Any information supplied by Adobe or obtained by you, as permitted hereunder, may only
450 be used by you for the purpose described herein and may not be disclosed to any third party or used to
451 create any software which is substantially similar to the expression of the Software or used for any other
452 act which infringes Adobe or its licensors’ copyright.
453
454 17. Specific Provisions and Exceptions.
455
456 17.1 Limitation of Liability for Users Residing in Germany and Austria.
457
458 17.1.1 If you obtained the Software in Germany or Austria, and you usually reside in such country, then
459 Section 10 does not apply. Instead, subject to the provisions in Section 17.1.2, Adobe’s statutory liability
460 for damages shall be limited as follows: (a) Adobe shall be liable only up to the amount of damages as
461 typically foreseeable at the time of entering into the license agreement in respect of damages caused by
462 a slightly negligent breach of a material contractual obligation and (b) Adobe shall not be liable for
463 damages caused by a slightly negligent breach of a non-material contractual obligation.
464
465 17.1.2 The aforesaid limitation of liability shall not apply to any mandatory statutory liability, in
466 particular, to liability under the German Product Liability Act, liability for assuming a specific guarantee
467 or liability for culpably caused personal injuries.
468
469 17.1.3 You are required to take all reasonable measures to avoid and reduce damages, in particular to
470 make back-up copies of the Software and your computer data subject to the provisions of this
471 agreement.
472
473 If you have any questions regarding this agreement, or if you wish to request any information from
474 Adobe, please use the address and contact information included with this product or via the web at
475 http://www.adobe.com to contact the Adobe office serving your jurisdiction.
476
477 Adobe, Adobe AIR, AIR, Authorware, Flash, Reader, and Shockwave are either registered trademarks or
478 trademarks of Adobe Systems Incorporated in the United States and/or other countries.
479
480 PlatformClients_PC_WWEULA-en_US-20110809_1357

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