345 lines
19 KiB
Text
345 lines
19 KiB
Text
End user license agreement
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ADOBE SYSTEMS INCORPORATED
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FOR ADOBE(R) ACROBAT(R) READER(R) SOFTWARE.
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End User License Agreement
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Please return any accompanying registration form to receive
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registration benefits.
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NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL
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OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS
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OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON:
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USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY
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IN SECTION 6 AND 7; AND LIABILITY IN SECTION 8. YOU AGREE THAT THIS
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AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT
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SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE. IF
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YOU ACQUIRED THE SOFTWARE ON TANGIBLE MEDIA (e.g. CD) WITHOUT AN
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OPPORTUNITY TO REVIEW THIS LICENSE AND YOU DO NOT ACCEPT THIS
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AGREEMENT, YOU MAY OBTAIN A REFUND OF ANY AMOUNT YOU ORIGINALLY
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PAID IF YOU: (A) DO NOT USE THE SOFTWARE AND (B) RETURN IT, WITH
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PROOF OF PAYMENT, TO THE LOCATION FROM WHICH IT WAS OBTAINED WITHIN
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THIRTY (30) DAYS OF THE PURCHASE DATE.
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1. Definitions. "Software" means (a) all of the contents of the
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files, disk(s), CD-ROM(s) or other media with which this Agreement
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is provided, including but not limited to (i) Adobe or third party
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computer information or software; (ii) related explanatory written
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materials or files ("Documentation"); and (iii) fonts; and (b)
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upgrades, modified versions, updates, additions, and copies of the
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Software, if any, licensed to you by Adobe (collectively, "Updates").
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"Use" or "Using" means to access, install, download, copy or
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otherwise benefit from using the functionality of the Software in
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accordance with the Documentation. "Permitted Number" means one
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(1) unless otherwise indicated under a valid license (e.g. volume
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license) granted by Adobe. "Computer" means an electronic device
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that accepts information in digital or similar form and manipulates
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it for a specific result based on a sequence of instructions.
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"Adobe" means Adobe Systems Incorporated, a Delaware corporation,
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345 Park Avenue, San Jose, California 95110, if subsection 10(a)
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of this Agreement applies; otherwise it means Adobe Systems Software
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Ireland Limited, Unit 3100, Lake Drive, City West Campus, Saggart
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D24, Republic of Ireland, a company organized under the laws of
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Ireland and an affiliate and licensee of Adobe Systems Incorporated.
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2. Software License. As long as you comply with the terms of this
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End User License Agreement (this "Agreement"), Adobe grants to you
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a non-exclusive license to Use the Software for the purposes
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described in the Documentation. Some third party materials included
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in the Software may be subject to other terms and conditions, which
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are typically found in a "Read Me" file located near such materials.
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2.1. General Use. You may install and Use a copy of the Software
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on your compatible computer, up to the Permitted Number of computers.
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2.2. Server Use and Distribution.
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2.2.1. Subject to the terms of this Agreement, you may install one
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copy of such Software on a computer file server within your internal
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network for the sole and exclusive purpose of using such Software
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(from an unlimited number of client computers on your internal
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network) via (a) the Network File System (NFS) for UNIX versions
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of Acrobat Reader or (b) Windows Terminal Services. Unless otherwise
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expressly permitted hereunder, no other server or network use of
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the Software is permitted, including but not limited to using the
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Software (i) either directly or through commands, data or instructions
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from or to another computer or (ii) for internal network, internet
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or web hosting services.
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2.2.2. For information on how to distribute Adobe Acrobat Reader
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on tangible media or through an internal network please refer to
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the sections entitled "How to Distribute Acrobat Reader" at
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www.adobe.com.
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2.3. Backup Copy. You may make one backup copy of the Software,
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provided your backup copy is not installed or used on any computer.
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You may not transfer the rights to a backup copy unless you transfer
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all rights in the Software as provided under Section 4.
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2.4. Home Use. You, as the primary user of the computer on which
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the Software is installed, may also install the Software on one of
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your home computers. However, the Software may not be used on your
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home computer at the same time the Software on the primary computer
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is being used.
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2.5 No Modification. You may customize or extend the functionality
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of the installer for the Software as specifically allowed by
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instructions found at www.adobe.com or http://partners.adobe.com
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(e.g., installation of additional plug-in and help files). You may
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not otherwise alter or modify the Software or create a new installer
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for the Software. The Software is licensed and distributed by Adobe
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for viewing, distributing and sharing PDF files. You are not
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authorized to integrate or use the Software with any other software,
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plug-in or enhancement which uses or relies upon the Software when
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converting or transforming PDF files into other file formats (e.g.,
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a PDF file into a TIFF, JPEG, or SVG file). You are not authorized
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to integrate or use the Software with any (a) Adobe Acrobat Reader
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plug-in software not developed in accordance with the Adobe
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Integration Key License Agreement or (b) other software or enhancement
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that uses Inter Application Communication (IAC) to programmatically
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interface with Adobe Acrobat Reader for the purpose of (i) creating
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a file that contains data (e.g., an XML or comments file), (ii)
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saving modifications to a PDF file or (iii) rendering a PDF file
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in such other software's application window.
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3. Intellectual Property Rights.
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3.1 Title. The Software and any copies that you are authorized by
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Adobe to make are the intellectual property of and are owned by
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Adobe Systems Incorporated and its suppliers. The structure,
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organization and code of the Software are the valuable trade secrets
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and confidential information of Adobe Systems Incorporated and its
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suppliers. The Software is protected by copyright, including without
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limitation by United States Copyright Law, international treaty
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provisions and applicable laws in the country in which it is being
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used. You may not copy the Software, except as set forth in Section
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2 ("Software License"). Any copies that you are permitted to make
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pursuant to this Agreement must contain the same copyright and
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other proprietary notices that appear on or in the Software.
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3.2 Reverse Engineer. Unless specifically and expressly permitted
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by Adobe, you agree not to modify, adapt or translate the Software.
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You also agree not to reverse engineer, decompile, disassemble or
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otherwise attempt to discover the source code of the Software except
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to the extent you may be expressly permitted to decompile under
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applicable law, it is essential to do so in order to achieve
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operability of the Software with another software program, and you
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have first requested Adobe to provide the information necessary to
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achieve such operability and Adobe has not made such information
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available. Adobe has the right to impose reasonable conditions and
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to request a reasonable fee before providing such information. Any
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information supplied by Adobe or obtained by you, as permitted
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hereunder, may only be used by you for the purpose described herein
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and may not be disclosed to any third party or used to create any
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software which is substantially similar to the expression of the
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Software. Requests for information should be directed to the Adobe
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Customer Support Department.
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3.3 Document Features. The Software may contain features and
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functionality that appear disabled or "grayed out" (the "Document
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Features"). The Document Features will only activate when opening
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certain PDF documents that have been created using corresponding
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enabling technology available from Adobe. You agree not to access,
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or attempt to access, disabled Document Features or otherwise
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circumvent the permissions that control activation of such Document
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Features.
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3.4 Trademarks. Trademarks shall be used in accordance with accepted
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trademark practice, including identification of trademarks owners'
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names. Trademarks can only be used to identify printed output
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produced by the Software and such use of any trademark does not
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give you any rights of ownership in that trademark.
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3.5 Reservation. Except as expressly stated herein, this Agreement
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does not grant you any intellectual property rights in the Software
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and all rights not expressly granted herein are reserved by Adobe.
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4. Transfer. You may not, rent, lease, sublicense or authorize all
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or any portion of the Software to be copied onto another user's
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computer except as may be expressly permitted herein. You may,
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however, transfer all your rights to Use the Software to another
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person or legal entity provided that: (a) you also transfer each
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this Agreement, the Software and all other software or hardware
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bundled or pre-installed with the Software, including all copies,
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Updates and prior versions, and all copies of font software converted
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into other formats, to such person or entity; (b) you retain no
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copies, including backups and copies stored on a computer; and (c)
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the receiving party accepts the terms and conditions of this
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Agreement and any other terms and conditions upon which you legally
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purchased a license to the Software. Notwithstanding the foregoing,
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you may not transfer education, pre-release, or not for resale
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copies of the Software.
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5. Multiple Environment Software / Multiple Language Software /
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Dual Media Software / Multiple Copies/ Bundles / Updates. If the
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Software supports multiple platforms or languages, if you receive
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the Software on multiple media, if you otherwise receive multiple
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copies of the Software, or if you received the Software bundled
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with other software, the total number of your computers on which
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all versions of the Software are installed may not exceed the
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Permitted Number. You may not, rent, lease, sublicense, lend or
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transfer any versions or copies of such Software you do not Use.
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If the Software is an Update to a previous version of the Software,
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you must possess a valid license to such previous version in order
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to Use the Update. You may continue to Use the previous version of
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the Software on your computer after you receive the Update to assist
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you in the transition to the Update, provided that: the Update and
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the previous version are installed on the same computer; the previous
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version or copies thereof are not transferred to another party or
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computer unless all copies of the Update are also transferred to
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such party or computer; and you acknowledge that any obligation
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Adobe may have to support the previous version of the Software may
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be ended upon availability of the Update.
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6. NO WARRANTY. The Software is being delivered to you "AS IS" and
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Adobe makes no warranty as to its use or performance. ADOBE AND
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ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS
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YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY,
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CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME
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CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU
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IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS MAKE NO WARRANTIES
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CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER
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BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER
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INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS,
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MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR
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ANY PARTICULAR PURPOSE.
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7. Pre-release Product Additional Terms. If the product you have
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received with this license is pre-commercial release or beta Software
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("Pre-release Software"), then the following Section applies. To
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the extent that any provision in this Section is in conflict with
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any other term or condition in this Agreement, this Section shall
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supercede such other term(s) and condition(s) with respect to the
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Pre-release Software, but only to the extent necessary to resolve
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the conflict. You acknowledge that the Software is a pre-release
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version, does not represent final product from Adobe, and may
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contain bugs, errors and other problems that could cause system or
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other failures and data loss. Consequently, the Pre-release Software
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is provided to you "AS-IS", and Adobe disclaims any warranty or
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liability obligations to you of any kind. WHERE LEGALLY LIABILITY
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CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED,
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ADOBE'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO
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THE SUM OF FIFTY DOLLARS (U.S. $50) IN TOTAL. You acknowledge that
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Adobe has not promised or guaranteed to you that Pre-release Software
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will be announced or made available to anyone in the future, that
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Adobe has no express or implied obligation to you to announce or
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introduce the Pre-release Software and that Adobe may not introduce
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a product similar to or compatible with the Pre-release Software.
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Accordingly, you acknowledge that any research or development that
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you perform regarding the Pre-release Software or any product
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associated with the Pre-release Software is done entirely at your
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own risk. During the term of this Agreement, if requested by Adobe,
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you will provide feedback to Adobe regarding testing and use of
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the Pre-release Software, including error or bug reports. If you
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have been provided the Pre-release Software pursuant to a separate
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written agreement, such as the Adobe Systems Incorporated Serial
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Agreement for Unreleased Products, your use of the Software is also
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governed by such agreement. You agree that you may not and certify
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that you will not sublicense, lease, loan, rent, or transfer the
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Pre-release Software. Upon receipt of a later unreleased version
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of the Pre-release Software or release by Adobe of a publicly
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released commercial version of the Software, whether as a stand-alone
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product or as part of a larger product, you agree to return or
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destroy all earlier Pre-release Software received from Adobe and
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to abide by the terms of the End User License Agreement for any
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such later versions of the Pre-release Software. Notwithstanding
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anything in this Section to the contrary, if you are located outside
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the United States of America, you agree that you will return or
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destroy all unreleased versions of the Pre-release Software within
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thirty (30) days of the completion of your testing of the Software
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when such date is earlier than the date for Adobe's first commercial
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shipment of the publicly released (commercial) Software.
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8. LIMITATION OF LIABILITY. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS
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BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR
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ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS
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OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED
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OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR
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ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS
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APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.
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ADOBE'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN
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CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID
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FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement limits
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Adobe's liability to you in the event of death or personal injury
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resulting from Adobe's negligence or for the tort of deceit (fraud).
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Adobe is acting on behalf of its suppliers for the purpose of
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disclaiming, excluding and/or limiting obligations, warranties and
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liability as provided in this Agreement, but in no other respects
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and for no other purpose. For further information, please see the
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jurisdiction specific information at the end of this Agreement, if
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any, or contact Adobe's Customer Support Department.
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9. Export Rules. You agree that the Software will not be shipped,
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transferred or exported into any country or used in any manner
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prohibited by the United States Export Administration Act or any
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other export laws, restrictions or regulations (collectively the
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"Export Laws"). In addition, if the Software is identified as export
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controlled items under the Export Laws, you represent and warrant
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that you are not a citizen, or otherwise located within, an embargoed
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nation (including without limitation Iran, Iraq, Syria, Sudan,
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Libya, Cuba, North Korea, and Serbia) and that you are not otherwise
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prohibited under the Export Laws from receiving the Software. All
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rights to Use the Software are granted on condition that such rights
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are forfeited if you fail to comply with the terms of this Agreement.
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10. Governing Law. This Agreement will be governed by and construed
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in accordance with the substantive laws in force: (a) in the State
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of California, if a license to the Software is obtained when you
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are in the United States, Canada, or Mexico; or (b) in Japan, if
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a license to the Software is obtained when you are in Japan, China,
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Korea, or other Southeast Asian country where all official languages
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are written in either an ideographic script (e.g., hanzi, kanji,
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or hanja), and/or other script based upon or similar in structure
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to an ideographic script, such as hangul or kana; or (c) Ireland,
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if a license to the Software is purchased when you are in any other
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jurisdiction not described above. The respective courts of Santa
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Clara County, California when California law applies, Tokyo District
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Court in Japan, when Japanese law applies, and the competent courts
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of Ireland, when the law of Ireland applies, shall each have
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non-exclusive jurisdiction over all disputes relating to this
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Agreement. This Agreement will not be governed by the conflict of
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law rules of any jurisdiction or the United Nations Convention on
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Contracts for the International Sale of Goods, the application of
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which is expressly excluded.
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12. Notice to U.S. Government End Users. The Software and Documentation
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are "Commercial Items," as that term is defined at 48 C.F.R. S:2.101,
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consisting of "Commercial Computer Software" and "Commercial Computer
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Software Documentation," as such terms are used in 48 C.F.R.
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S:12.212 or 48 C.F.R. S:227.7202, as applicable. Consistent with
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48 C.F.R. S:12.212 or 48 C.F.R. S:S:227.7202-1 through 227.7202-4,
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as applicable, the Commercial Computer Software and Commercial
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Computer Software Documentation are being licensed to U.S. Government
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end users (a) only as Commercial Items and (b) with only those
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rights as are granted to all other end users pursuant to the terms
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and conditions herein. Unpublished-rights reserved under the
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copyright laws of the United States. Adobe Systems Incorporated,
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345 Park Avenue, San Jose, CA 95110-2704, USA. For U.S. Government
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End Users, Adobe agrees to comply with all applicable equal
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opportunity laws including, if appropriate, the provisions of
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Executive Order 11246, as amended, Section 402 of the Vietnam Era
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Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and
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Section 503 of the Rehabilitation Act of 1973, as amended, and the
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regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741.
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The affirmative action clause and regulations contained in the
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preceding sentence shall be incorporated by reference in this
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Agreement.
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13. Compliance with Licenses. If you are a business or organization,
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you agree that upon request from Adobe or Adobe's authorized
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representative, you will within thirty (30) days fully document
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and certify that use of any and all Software at the time of the
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request is in conformity with your valid licenses from Adobe.
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If you have any questions regarding this Agreement or if you wish
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to request any information from Adobe please use the address and
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contact information included with this product to contact the Adobe
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office serving your jurisdiction.
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Adobe, Acrobat, and Acrobat Reader are registered trademarks of
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Adobe Systems Incorporated in the United States and/or other
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countries.
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Reader_WWEULA_English_05.15.02
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