269 lines
13 KiB
Text
269 lines
13 KiB
Text
End User License Agreement
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ADOBE SOFTWARE END USER LICENSE AGREEMENT
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IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A
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LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED
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OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND ADOBE.
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READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND
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USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND
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CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY SELECTING
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THE DOWNLOAD OR INSTALL NOW BUTTON AND/OR USING THE SOFTWARE, YOU
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ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO
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BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE
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TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL OR USE THE SOFTWARE.
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1. Definitions
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1. "Authorized Operating Systems" means the desktop and
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standard-laptop versions of the following operating systems:
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1. Microsoft Windows operating systems (including desktop
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and standard-laptop PC versions of Windows 95, 98, 2000,
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NT, ME, XP Home, XP Professional, and XP Tablet PC
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Edition, but specifically excluding Windows XP
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Embedded, Windows XP Media Center Edition, and
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successors);
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2. Macintosh operating systems;
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3. Linux operating systems, but specifically excluding
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any embedded version of Linux; and
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4. Solaris operating systems.
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2. "Adobe" means Adobe Systems Incorporated and its licensors, if any.
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3. "Software" means only the Macromedia® Flash® Player,
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Macromedia® Shockwave® Player, or Macromedia® Authorware®
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Player and third party software programs, in each case,
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supplied by Adobe therewith, and corresponding documentation,
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associated media, printed materials, and online or electronic
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documentation, and all updates or upgrades of the above
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that are provided to you.
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For the avoidance of doubt, no embedded or device versions of
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the above operating systems, or any other operating systems,
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are included as Authorized Operating Systems.
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2. License Grants
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1. You may install and use the Software on a single desktop
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or laptop computer that runs an Authorized Operating System.
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A license for the Software may not be shared, installed
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or used concurrently on different computers.
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2. You agree that Adobe may audit your use of the Software
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for compliance with these terms at any time, upon reasonable
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notice. In the event that such audit reveals any use of
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the Software by you other than in full compliance with
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the terms of this Agreement, you shall reimburse Adobe
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for all reasonable expenses related to such audit in
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addition to any other liabilities you may incur as a result
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of such non-compliance.
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Certain rights are not granted under this Agreement, but may
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be available under a separate agreement. If you would like to
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enter into a distribution agreement or learn of other licensing
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strategies, please go to: http://www.macromedia.com/licensing/.
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3. License Restrictions
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1. You may not use the Software on any non-PC product or any
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embedded or device versions of the above operating systems,
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including, but not limited to, (A) mobile devices, set
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top boxes (STB), handhelds, phones, web pads, tablets and
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Tablet PCs that are not running Windows XP Tablet PC
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Edition, game consoles, TVs, DVD players, media centers
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(including Windows XP Media Center Edition and its
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successors), electronic billboards or other digital signage,
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internet appliances or other internet-connected devices,
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PDAs, medical devices, ATMs, telematic devices, gaming
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machines, home automation systems, kiosks, remote control
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devices, or any other consumer electronics device, (B)
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operator-based mobile, cable, satellite, or television
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systems, (C) other closed system devices, or (D) any
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operating system that is not an Authorized Operating
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System.
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2. You may not make or distribute copies of the Software, or
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electronically transfer the Software from one computer to
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another or over a network.
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3. You may not alter, merge, modify, adapt or translate the
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Software, or decompile, reverse engineer, disassemble, or
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otherwise reduce the Software to a human-perceivable form.
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4. You may not sell, rent, lease, or sublicense the Software.
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5. You may not modify the Software or create derivative works
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based upon the Software.
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6. You may not export the Software into any country prohibited
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by the United States Export Administration Act and the
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regulations thereunder.
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7. In the event that you fail to comply with this EULA, Adobe
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may terminate the license and you must destroy all copies of
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the Software (with all other rights of both parties and
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all other provisions of this EULA surviving any such
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termination).
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8. You shall not use the Software to develop any software or
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other technology having the same primary function as the
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Software, including but not limited to using the Software
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in any development or test procedure that seeks to develop
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like software or other technology, or to determine if such
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software or other technology performs in a similar manner
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as the Software.
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4. Ownership
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The foregoing license gives you limited license to use the
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Software. Adobe and its suppliers retain all right, title and
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interest, including all copyright and intellectual property
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rights, in and to, the Software and all copies thereof. All
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rights not specifically granted in this EULA, including Federal
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and International Copyrights, are reserved by Adobe and its
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suppliers.
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5. WARRANTY DISCLAIMER
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1. THE SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE, AND ON
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AN "AS-IS" BASIS. ADOBE PROVIDES NO TECHNICAL SUPPORT,
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WARRANTIES OR REMEDIES FOR THE SOFTWARE.
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2. ADOBE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND
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REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE,
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INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS
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FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF
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NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. ADOBE DOES
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NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL
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OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES
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REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED
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ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE SOFTWARE IS
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NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS
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ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING
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WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE
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OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION
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OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE
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SUPPORT OR WEAPONS SYSTEMS. ADOBE SPECIFICALLY DISCLAIMS
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ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH
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PURPOSES.
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3. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT
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TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION
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TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
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4. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ADOBE,
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ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE
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A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY
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PROVIDED HEREIN.
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5. (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF
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IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
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YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND
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YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE
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TO STATE.
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6. ADOBE SHALL HAVE NO RESPONSIBILITY IF THE SOFTWARE HAS
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BEEN ALTERED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES OUT
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OF USE OF THE SOFTWARE WITH OTHER THAN A RECOMMENDED
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HARDWARE CONFIGURATION, PLATFORM OR OPERATING SYSTEM.
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6. LIMITATION OF LIABILITY
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1. NEITHER ADOBE NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU
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OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
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PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
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NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT
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OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS
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INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR
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INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY
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OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF
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WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
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OR OTHERWISE, EVEN IF ADOBE OR ITS REPRESENTATIVES HAVE
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BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN
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IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF
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ITS ESSENTIAL PURPOSE.
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2. ADOBE'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR
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ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $10
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OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED
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SUCH DAMAGE.
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3. (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR
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EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL
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DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
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APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS
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THAT VARY FROM STATE TO STATE.
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4. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO
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APPLY TO ALL ASPECTS OF THIS EULA.
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7. Basis of Bargain
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The Warranty Disclaimer and Limited Liability set forth above
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are fundamental elements of the basis of the agreement between
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Adobe and you. Adobe would not be able to provide the Software
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on an economic basis without such limitations. Such Warranty
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Disclaimer and Limited Liability inure to the benefit of Adobe's
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licensors.
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8. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
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This Software and the documentation are provided with "RESTRICTED
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RIGHTS" applicable to private and public licenses alike. Without
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limiting the foregoing, use, duplication, or disclosure by the
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US Government is subject to restrictions as set forth in this
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EULA and as provided in DFARS 227.7202-1(a) and 227.7202-3(a)
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(1995), DFARS 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995),
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FAR 52.227-19, or FAR 52.227-14, as applicable. Manufacturer:
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Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA 95110.
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9. (Outside of the USA) Consumer End Users Only
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The limitations or exclusions of warranties and liability
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contained in this EULA do not affect or prejudice the statutory
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rights of a consumer, i.e., a person acquiring goods otherwise
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than in the course of a business.
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The limitations or exclusions of warranties, remedies or
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liability contained in this EULA shall apply to you only to
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the extent such limitations or exclusions are permitted under
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the laws of the jurisdiction where you are located.
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10. Third Party Software
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The Software may contain third party software which requires
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notices and/or additional terms and conditions. Such required
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third party software notices and/or additional terms and
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conditions are located at www.macromedia.com/go/thirdparty/
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and are made a part of and incorporated by reference into this
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EULA. By accepting this EULA, you are also accepting the
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additional terms and conditions, if any, set forth therein.
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11. General
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This EULA shall be governed by the internal laws of the State
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of California, without giving effect to principles of conflict
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of laws. You hereby consent to the exclusive jurisdiction and
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venue of the state courts sitting in San Francisco County,
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California or the federal courts in the Northern District of
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California to resolve any disputes arising under this EULA. In
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each case this EULA shall be construed and enforced without
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regard to the United Nations Convention on the International
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Sale of Goods.
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This EULA contains the complete agreement between the parties
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with respect to the subject matter hereof, and supersedes all
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prior or contemporaneous agreements or understandings, whether
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oral or written. You agree that any varying or additional terms
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contained in any purchase order or other written notification
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or document issued by you in relation to the Software licensed
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hereunder shall be of no effect. The failure or delay of Adobe
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to exercise any of its rights under this EULA or upon any breach
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of this EULA shall not be deemed a waiver of those rights or
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of the breach.
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No Adobe dealer, agent or employee is authorized to make any
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amendment to this EULA.<
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If any provision of this EULA shall be held by a court of
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competent jurisdiction to be contrary to law, that provision
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will be enforced to the maximum extent permissible, and the
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remaining provisions of this EULA will remain in full force
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and effect.
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All questions concerning this EULA shall be directed to: Adobe
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Systems Incorporated, 345 Park Avenue, San Jose, CA 95110,
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Attention: General Counsel.
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Adobe and other trademarks contained in the Software are
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trademarks or registered trademarks of Adobe Systems Incorporated
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in the United States and/or other countries. Third party
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trademarks, trade names, product names and logos may be the
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trademarks or registered trademarks of their respective owners.
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You may not remove or alter any trademark, trade names, product
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names, logo, copyright or other proprietary notices, legends,
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symbols or labels in the Software. This EULA does not authorize
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you to use Adobe's or its licensors' names or any of their
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respective trademarks.
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