diff options
Diffstat (limited to 'licenses/AdobeFlash-11.x')
| -rw-r--r-- | licenses/AdobeFlash-11.x | 480 |
1 files changed, 0 insertions, 480 deletions
diff --git a/licenses/AdobeFlash-11.x b/licenses/AdobeFlash-11.x deleted file mode 100644 index e8f56fafb9b5..000000000000 --- a/licenses/AdobeFlash-11.x +++ /dev/null @@ -1,480 +0,0 @@ -http://www.adobe.com/products/eulas/pdfs/PlatformClients_PC_WWEULA-MULTI-20110809_1357.pdf - -ADOBE -Personal Computer Software License Agreement - -1. WARRANTY DISCLAIMER, BINDING AGREEMENT AND ADDITIONAL TERMS AND AGREEMENTS. - -1.1 WARRANTY DISCLAIMER. THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU -“AS IS” AND WITH ALL FAULTS. ADOBE, ITS SUPPLIERS AND CERTIFICATION AUTHORITIES DO NOT -AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE -SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO -THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE -EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS -SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO WARRANTIES CONDITIONS, -REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, -CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION -NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY -QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 -SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS SHALL -NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER TERMINATION OF -THIS AGREEMENT. - -1.2 BINDING AGREEMENT: By using, copying or distributing all or any portion of the Adobe -Software, you accept all the terms and conditions of this agreement, including, in particular, the -provisions on: - -- Use (Section 3); -- Transferability (Section 5); -- Connectivity and Privacy (Section 7), including: - - Updating, - - Local Storage, - - Settings Manager, - - Peer Assisted Networking Technology, - - Content Protection Technology, and - - Use of Adobe Online Services; -- Warranty Disclaimer (Section 1.1), and; -- Liability Limitations (Sections 10 and 17). - -Upon acceptance, this agreement is enforceable against you and any entity that obtained the -Software and on whose behalf it is used. If you do not agree, do not Use the Software. - -1.3 ADDITIONAL TERMS AND AGREEMENTS. Adobe permits you to Use the Software only in -accordance with the terms of this agreement. Use of some third party materials included in the -Software may be subject to other terms and conditions typically found in a separate license -agreement, a “Read Me” file located near such materials or in the “Third Party Software Notices -and/or Additional Terms and Conditions” found at http://www.adobe.com/go/thirdparty. Such other -terms and conditions will supersede all or portions of this agreement in the event of a conflict with -the terms and conditions of this agreement. - -2. Definitions. -“Adobe” means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose, -California 95110, if subsection 12(a) of this agreement applies; otherwise it means Adobe Systems -Software Ireland Limited, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland, a company -organized under the laws of Ireland and an affiliate and licensee of Adobe Systems Incorporated. - -“Compatible Computer” means a Computer that conforms to the system requirements of the Software -as specified in the Documentation. - -“Computer” means a virtual machine or physical personal electronic device that accepts information in -digital or similar form and manipulates it for a specific result based on a sequence of instructions. -“Personal Computer” or “PC” shall mean a hardware product which is designed and marketed with the -primary purpose of operating a wide variety of productivity, entertainment, and other software -applications provided by unrelated third party software vendors, which operates depending upon the -use of a full function and full feature set computer operating system of the type(s) then in widespread -use with hardware to operate general purpose laptop, desktop, server, and large format tablet -microprocessor based computers. This definition of Personal Computer shall exclude hardware -products that are designed and/or marketed to have as their primary purpose any number of the -following: television, television receiver, portable media player, audio/video receiver, radio, audio -headphone, audio speaker, personal digital assistant (“PDA”), telephone or similar telephony based -device, game console, personal video recorder (“PVR”), player for digital versatile disc (“DVD”) or other -optical media, video camera, still camera, camcorder, video editing and format conversion device, video -image projection device, and shall further exclude any similar type of consumer, professional or -industrial device. - -“Software” means (a) all of the contents of the files (delivered electronically or on physical media), or -disk(s) or other media with which this agreement is provided, which may include (i) Adobe or third -party computer information or software, including Adobe Reader® (“Adobe Reader”), Adobe® AIR® -(“Adobe AIR”), Adobe Flash® Player, Shockwave® Player and Authorware® Player (collectively, Adobe AIR -and the Flash, Shockwave and Authorware players are the “Adobe Runtimes”); (ii) related explanatory -written materials or files (“Documentation”); and (iii) fonts; and (b) upgrades, modified versions, -updates, additions, and copies of the foregoing, provided to you by Adobe at any time (collectively, -“Updates”). - -“Use” means to access, install, download, copy, or otherwise benefit from using the functionality of the -Software. - -3. Software License. - -If you obtained the Software from Adobe or one of its authorized licensees, and subject to your -compliance with the terms of this agreement, including the restrictions in Section 4, Adobe grants to -you a non-exclusive license to Use the Software in the manner and for the purposes described in the -Documentation as follows: - -3.1 General Use. You may install and Use one copy of the Software on your Compatible Computer. See -Section 4 for important restrictions on the Use of the Software. - -3.2 Server Use. This agreement does not permit you to install or Use the Software on a computer file -server. For information on Use of Software on a computer file server please refer to -http://www.adobe.com/go/acrobat_distribute for information about Adobe Reader; or -http://www.adobe.com/go/licensing for information about the Adobe Runtimes. - -3.3 Distribution. This license does not grant you the right to sublicense or distribute the Software. For -information about obtaining the right to distribute the Software on tangible media or through an -internal network or with your product or service please refer to -http://www.adobe.com/go/acrobat_distribute for information about Adobe Reader; or -http://www.adobe.com/go/licensing for information about the Adobe Runtimes. - -3.4 Backup Copy. You may make one backup copy of the Software, provided your backup copy is not -installed or used other than for archival purposes. You may not transfer the rights to a backup copy -unless you transfer all rights in the Software as provided under Section 5. - -4. Obligations and Restrictions. - -4.1 Adobe Runtime Restrictions. You will not Use any Adobe Runtime on any non-PC device or with any -embedded or device version of any operating system. For the avoidance of doubt, and by example only, -you may not Use an Adobe Runtime on any (a) mobile device, set top box (STB), handheld, phone, -game console, TV, DVD player, media center (other than with Windows XP Media Center Edition and its -successors), electronic billboard or other digital signage, Internet appliance or other Internet-connected -device, PDA, medical device, ATM, telematic device, gaming machine, home automation system, kiosk, -remote control device, or any other consumer electronics device, (b) operator-based mobile, cable, -satellite, or television system or (c) other closed system device. No right or license to Use any Adobe -Runtime is granted for such prohibited uses. For information on Software license terms for non-PC -versions of Adobe Runtimes please visit http://www.adobe.com/go/runtime_mobile_EULA. For -information on licensing Adobe Runtimes for distribution on such systems please visit -http://www.adobe.com/go/licensing. - -4.1.1 AVC Video Restrictions. The Software may contain H.264/AVC video technology, the use of which -requires the following notice from MPEG-LA, L.L.C.: -THIS SOFTWARE IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL -AND NON-COMMERCIAL USE OF A CONSUMER TO (I) ENCODE VIDEO IN COMPLIANCE WITH THE -AVC STANDARD (“AVC VIDEO”) AND/OR (II) DECODE AVC VIDEO THAT WAS ENCODED BY A -CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED -FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL -BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, -L.L.C. SEE http://www.adobe.com/go/mpegla. - -4.1.2 H.264/AVC Software Encoding. The H.264/AVC software encoding functionality available in the -Adobe Runtimes is licensed solely for personal, non-commercial use. For more information on -obtaining the right to use the H.264/AVC software encoding functionality for commercial purposes, -please refer to http://www.adobe.com/go/licensing. - -4.2 Adobe Flash Player Restrictions. You will not use Adobe Flash Player with any application or device -that circumvents technological measures for the protection of video, audio, and/or data content, -including any of Adobe’s secure RTMP measures. No right or license to use Adobe Flash Player is -granted for such prohibited uses. - -4.3 Adobe Reader Restrictions. - -4.3.1 Conversion Restrictions. You will not integrate or use Adobe Reader with any other software, plug- -in or enhancement that uses or relies upon Adobe Reader when converting or transforming PDF files -into a different format (e.g., a PDF file into a TIFF, JPEG, or SVG file). - -4.3.2 Plug-in Restrictions. You will not integrate or use Adobe Reader with any plug-in software not -developed in accordance with the Adobe Integration Key License Agreement, more information can be -found at http://www.adobe.com/go/rikla_program. - -4.3.3 Disabled Features. Adobe Reader may contain features or functionalities that are hidden or appear -disabled or “grayed out” (the “Disabled Features”). Disabled Features will activate only when opening a -PDF document that was created using enabling technology available only from Adobe. You will not -access, or attempt to access, any Disabled Features other than through the use of such enabling -technologies, nor will you rely on Adobe Reader to create a feature substantially similar to any Disabled -Feature or otherwise circumvent the technology that controls activation of any such feature. For more -information on disabled features, please refer to http://www.adobe.com/go/readerextensions. - -4.4 Notices. You shall not alter or remove any copyright or other proprietary notice that appears on or -in the Software. - -4.5 No Modification or Reverse Engineering. You shall not modify, adapt, translate, or create derivative -works based upon the Software. You shall not reverse engineer, decompile, disassemble, or otherwise -attempt to discover the source code of the Software. If you are located in the European Union, please -refer to the additional terms at the end of this agreement under the header “European Union -Provisions,” in Section 16. - -5. Transfer. - -You may not rent, lease, sublicense, assign, or transfer your rights in the Software, or authorize all or any -portion of the Software to be copied onto another user’s Computer except as may be expressly -permitted by this agreement. You may, however, transfer all your rights to Use the Software to another -person or legal entity provided that: (a) you also transfer (i) this agreement, and (ii) the Software and all -other software or hardware bundled or pre-installed with the Software, including all copies, Updates, -and prior versions, to such person or entity, (b) you retain no copies, including backups and copies -stored on a Computer, and (c) the receiving party accepts the terms and conditions of this agreement -and any other terms and conditions upon which you obtained a valid license to the Software. -Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of -the Software. - -6. Intellectual Property Ownership, Reservation of Rights. - -The Software and any authorized copies that you make are the intellectual property of Adobe and its -suppliers. The structure, organization, and code of the Software are the valuable intellectually property -(e.g. trade secrets and confidential information) of Adobe and its suppliers. The Software is protected by -law, including without limitation the copyright laws of the United States and other countries, and by -international treaty provisions. Except as expressly stated herein, this agreement does not grant you any -intellectual property rights in the Software and all rights not expressly granted are reserved by Adobe -and its suppliers. - -7. Connectivity and Privacy. You acknowledge and agree to the following: - -7.1 Use of PDF Files. When you Use the Software to open a PDF file that has been enabled to display -ads, your Computer may connect to a website operated by Adobe, an advertiser, or other third party. -Your Internet Protocol address (“IP Address”) is sent when this happens. The party hosting the site may -use technology to send (or “serve”) advertising or other electronic content that appears in or near the -opened PDF file. The website operator may also use JavaScript, web beacons (also known as action tags -or single-pixel gifs), and other technologies to increase and measure the effectiveness of advertisements -and to personalize advertising content. Your communication with Adobe websites is governed by the -Adobe Online Privacy Policy found at http://www.adobe.com/go/privacy (“Adobe Online Privacy -Policy”). Adobe may not have access to or control over features that a third party may use, and the -information practices of third party websites are not covered by the Adobe Online Privacy Policy. - -7.2 Updating. If your Computer is connected to the Internet, the Software may, without additional -notice, check for Updates that are available for automatic download and installation to your Computer -and let Adobe know the Software is successfully installed. For Reader, Updates may be automatically -downloaded but not installed without additional notice unless you change your preferences to accept -automatic installation. Only non-personally identifying information is transmitted to Adobe when this -happens, except to the extent that IP Addresses may be considered personally identifiable in some -jurisdictions. The use of such information, including your IP Address, as provided by the auto update -process is governed by the Adobe Online Privacy Policy. Please consult the Documentation for -information about changing default update settings at http://www.adobe.com/go/settingsmanager for -Flash Player, http://www.adobe.com/go/update_details_url (or successor website) for Reader, and -http://www.adobe.com/go/air_update_details for Adobe AIR. - -7.3 Local Storage. Flash Player and Adobe AIR may allow third parties to store certain information on -your Computer in a local data file known as a local shared object. The type and amount of information -that the third party application requests to be stored in a local shared object can vary by application and -such requests are controlled by the third party. To find more information on local shared objects and -learn how to limit or control the storage of local shared objects on your Computer, please visit -http://www.adobe.com/go/flashplayer_security. - -7.4 Settings Manager. Flash Player and third-party programs using Adobe AIR may save certain user -settings by storing them on your Computer as a local shared object. These settings do not contain -personally identifiable information associated with you. They are associated with the instance of Flash -Player or the third-party program using Adobe AIR on your Computer, allowing you to customize -runtime features. The Flash Player Settings Manager permits you to modify such settings, including the -ability to limit third parties from storing local shared objects or grant third party content the right to -access your computer’s microphone and camera. You can find more information on how to configure -settings in your version of Flash Player, including information on how to disable local shared objects -using the Flash Player Settings Manager, at http://www.adobe.com/go/settingsmanager. You can -remove equivalent settings for third-party programs using Adobe AIR by uninstalling the third-party -program. - -7.5 Peer Assisted Networking Technology. Adobe Flash Player and Adobe AIR runtimes provide the -ability for applications built by third parties to connect to an Adobe Server or Service and permit direct -communication between two Adobe Runtime clients or to connect an Adobe Runtime client as part of a -peer or distributed network that allows a portion of your resources, such as network bandwidth, to be -made directly available to other participants. Prior to joining such peer or distributed network, you will -be provided with the opportunity to accept such connectivity. You can manage Peer Assisted -Networking settings using the Flash Player Settings Manager. Learn more about using the Settings -Manager at http://www.adobe.com/go/settingsmanager. You can find more information on Peer -Assisted Networking at http://www.adobe.com/go/RTMFP. - -7.6 Content Protection Technology. If you Use the Adobe Runtimes to access content that has been -protected with Adobe Flash Media Rights Management Server or Flash Access software (“Content -Protection”), in order to let you play the protected content, the Software may automatically request -media usage rights and individualization from a server on the Internet, and may download and install -required components of the Software, including any available Content Protection Updates. You can -clear the content license information using the Flash Player Settings Manager. Learn more about using -the Settings Manager at http://www.adobe.com/go/settingsmanager. You can find more information on -Content Protection at http://www.adobe.com/go/protected_content. - -7.7 Use of Adobe Online Services. If your Computer is connected to the Internet, the Software may, -without additional notice and on an intermittent or regular basis, facilitate your access to content and -services that are hosted on websites maintained by Adobe or its affiliates (“Adobe Online Services”). -Examples of such Adobe Online Services might include, but are not limited to: Acrobat.com. In some -cases an Adobe Online Service might appear as a feature or extension within the Software even though -it is hosted on a website. In some cases, access to an Adobe Online Service might require a separate -subscription or other fee in order to access it, and/or your assent to additional terms of use. Adobe -Online Services might not be available in all languages or to residents of all countries and Adobe may, at -any time and for any reason, modify or discontinue the availability of any Adobe Online Service. Adobe -also reserves the right to begin charging a fee for access to or use of an Adobe Online Service that was -previously offered at no charge. If your Computer is connected to the Internet, the Software may, -without additional notice, update downloadable materials from these Adobe Online Services so as to -provide immediate availability of these Adobe Online Services even when you are offline. When the -Software connects to the Internet as a function of an Adobe Online Service, your IP Address, user name, -and password may be sent to Adobe’s servers and stored by Adobe in accordance with the Additional -Terms of Use or the “help” menu in the Software. This information may be used by Adobe to send you -transactional messages to facilitate the Adobe Online Service. Adobe may display in-product marketing -to provide information about the Software and other Adobe products and Services, including but not -limited to Adobe Online Services, based on certain Software specific features including but not limited -to, the version of the Software, including without limitation, platform version, version of the Software, -and language. For further information about in-product marketing, please see the “help” menu in the -Software. Whenever the Software makes an Internet connection and communicates with an Adobe -website, whether automatically or due to explicit user request, the Adobe Online Privacy Policy shall -apply. Additionally, unless you are provided with separate terms of use at that time, the Adobe.com -Terms of Use (http://www.adobe.com/go/terms) shall apply. Please note that the Adobe Privacy Policy -allows tracking of website visits and it addresses in detail the topic of tracking and use of cookies, web -beacons, and similar devices. - -8. Third Party Offerings. You acknowledge and agree to the following: - -8.1 Third Party Offerings. The Software may allow you to access and interoperate with third party -content, software applications, and data services, including rich Internet applications (“Third Party -Offerings”). Your access to and use of any Third Party Offering, including any goods, services, or -information, is governed by the terms and conditions respecting such offerings and copyright laws of the -United States and other countries. Third Party Offerings are not owned or provided by Adobe. You agree -that you will not use any of such Third Party Offerings in violation of copyright laws of the United States -or other countries. Adobe or the third party may at any time, for any reason, modify or discontinue the -availability of any Third Party Offerings. Adobe does not control, endorse, or accept responsibility for -Third Party Offerings. Any dealings between you and any third party in connection with a Third Party -Offerings, including such party’s privacy policies and use of your personal information, delivery of and -payment for goods and services, and any other terms, conditions, warranties, or representations -associated with such dealings, are solely between you and such third party. Third Party Offerings might -not be available in all languages or to residents of all countries and Adobe or the third party may, at any -time and for any reason, modify or discontinue the availability of any Third Party Offerings. - -8.2 EXCEPT AS EXPRESSLY AGREED BY ADOBE OR ITS AFFILIATES OR A THIRD PARTY IN A SEPARATE -AGREEMENT, YOUR USE OF ADOBE AND THIRD PARTY OFFERINGS IS AT YOUR OWN RISK UNDER -THE WARRANTY AND LIABILITY LIMITATIONS OF SECTIONS 1.1 AND 10. - -9. Digital Certificates. You acknowledge and agree to the following: - -9.1 Use. Adobe AIR uses digital certificates to help you identify the publisher of Adobe AIR applications -created by third parties. Additionally, Adobe AIR uses digital certificates to establish the identity of -servers accessed via the Transport Layer Security (TLS) protocol, including access via HTTPS. Adobe -Reader uses digital certificates to sign and validate signatures within PDF documents and to validate -certified PDF documents. Adobe Runtimes use digital certificates to secure protected content from -unauthorized usage. Your Computer may connect to the Internet at the time of validation of a digital -certificate in order to download current certificate revocation lists (CRLs) or to update the list of digital -certificates. This access may be made both by the Software and by applications based on the Software. -Digital certificates are issued by third party certificate authorities, including Adobe Certified Document -Services (CDS) vendors listed at http://www.adobe.com/go/partners_cds and Adobe Approved Trust -List (AATL) vendors listed at http://www.adobe.com/go/aatl, and individualization vendors found at -http://www.adobe.com/go/protected_content (collectively “Certification Authorities”), or can be self- -signed. - -9.2 Terms and Conditions. Purchase, use and reliance upon digital certificates are the responsibility of -you and a Certification Authority. Before you rely upon any certified document, digital signature, or -Certification Authority services, you should review the applicable terms and conditions under which the -relevant Certification Authority provides services, including, for example, any subscriber agreements, -relying party agreements, certificate policies, and practice statements. See the links on -http://www.adobe.com/go/partners_cds for information about Adobe’s CDS vendors and -http://www.adobe.com/go/aatl for information about Adobe’s AATL vendors. - -9.3 Acknowledgement. You agree that (a) a digital certificate may have been revoked prior to the time -of verification, making the digital signature or certificate appear valid when in fact it is not, (b) the -security or integrity of a digital certificate may be compromised due to an act or omission by the signer -of the document, the applicable Certification Authority, or any other third party, and (c) a certificate may -be a self-signed certificate not provided by a Certification Authority. YOU ARE SOLELY RESPONSIBLE -FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE. UNLESS A SEPARATE WRITTEN -WARRANTY IS PROVIDED TO YOU BY A CERTIFICATION AUTHORITY, YOU USE DIGITAL -CERTIFICATES AT YOUR SOLE RISK. - -9.4 Third Party Beneficiaries. You agree that any Certification Authority you rely upon is a third party -beneficiary of this agreement and shall have the right to enforce this agreement in its own name as if it -were Adobe. - -9.5 Indemnity. You agree to hold Adobe and any applicable Certification Authority (except as expressly -provided in its terms and conditions) harmless from any and all liabilities, losses, actions, damages, or -claims (including all reasonable expenses, costs, and attorneys fees) arising out of or relating to any use -of, or reliance on, by you or any third party that receives a document from you with a digital certificate, -any service of such authority, including, without limitation (a) reliance on an expired or revoked -certificate, (b) improper verification of a certificate, (c) use of a certificate other than as permitted by any -applicable terms and conditions, this agreement, or applicable law; (d) failure to exercise reasonable -judgment under the circumstances in relying on issuer services or certificates, or (e) failure to perform -any of the obligations as required in the terms and conditions related to the services. - -10. Limitation of Liability. - -IN NO EVENT WILL ADOBE, ITS SUPPLIERS, OR CERTIFICATION AUTHORITIES BE LIABLE TO YOU FOR -ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT, -INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE -REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, OR CLAIMS. -THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE -LAW IN YOUR JURISDICTION. ADOBE’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS AND -CERTIFICATION AUTHORITIES UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE -LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this agreement -limits Adobe’s liability to you in the event of death or personal injury resulting from Adobe’s negligence -or for the tort of deceit (fraud). Adobe is acting on behalf of its suppliers and Certification Authorities for -the purpose of disclaiming, excluding, and/or limiting obligations, warranties, and liability as provided in -this agreement, but in no other respects and for no other purpose. For further information, please see -the jurisdiction specific information at the end of this agreement, if any, or contact Adobe’s Customer -Support Department. - -11. Export Rules. - -You agree that the Software will not be shipped, transferred, or exported into any country or used in any -manner prohibited by the United States Export Administration Act or any other export laws, restrictions, -or regulations (collectively the “Export Laws”). In addition, if the Software is identified as export -controlled items under the Export Laws, you represent and warrant that you are not a citizen, or -otherwise located within, an embargoed nation (including without limitation Iran, Syria, Sudan, Cuba, -and North Korea) and that you are not otherwise prohibited under the Export Laws from receiving the -Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail -to comply with the terms of this agreement. - -12. Governing Law. - -If you are a consumer who uses the Software for only personal non-business purposes, then this -agreement will be governed by the laws of the state in which you purchased the license to use the -Software. If you are not such a consumer, this agreement will be governed by and construed in -accordance with the substantive laws in force in: (a) the State of California, if a license to the Software is -obtained when you are in the United States, Canada, or Mexico; or (b) Japan, if a license to the Software -is obtained when you are in Japan; or (c) Singapore, if a license to the Software is obtained when you -are in a member state of the Association of Southeast Asian Nations, the People’s Republic of China -(including Hong Kong S.A.R. and Macau S.A.R.), Taiwan, or the Republic of Korea; or (d) England, if a -license to the Software is obtained when you are in any jurisdiction not described above. The respective -courts of Santa Clara County, California when California law applies, Tokyo District Court in Japan, when -Japanese law applies, and the competent courts of London, England, when the law of England applies, -shall each have non-exclusive jurisdiction over all disputes relating to this agreement. When Singapore -law applies, any dispute arising out of or in connection with this agreement, including any question -regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in -Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre -(“SIAC”) for the time being in force, which rules are deemed to be incorporated by reference in this -section. There shall be one arbitrator, selected jointly by the parties. If the arbitrator is not selected -within thirty (30) days of the written demand by a party to submit to arbitration, the Chairman of the -SIAC shall make the selection. The language of the arbitration shall be English. Notwithstanding any -provision in this agreement, Adobe or you may request any judicial, administrative, or other authority to -order any provisional or conservatory measure, including injunctive relief, specific performance, or other -equitable relief, prior to the institution of legal or arbitration proceedings, or during the proceedings, for -the preservation of its rights and interests or to enforce specific terms that are suitable for provisional -remedies. The English version of this agreement will be the version used when interpreting or -construing this agreement. This agreement will not be governed by the conflict of law rules of any -jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the -application of which is expressly excluded. - -13. General Provisions. - -If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance -of this agreement, which shall remain valid and enforceable according to its terms. This agreement shall -not prejudice the statutory rights of any party dealing as a consumer. This agreement may only be -modified by a writing signed by an authorized officer of Adobe. Updates may be licensed to you by -Adobe with additional or different terms. This is the entire agreement between Adobe and you relating -to the Software and it supersedes any prior representations, discussions, undertakings, communications, -or advertising relating to the Software. - -14. Notice to U.S. Government End Users. - -For U.S. Government End Users, Adobe agrees to comply with all applicable equal opportunity laws -including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the -Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the -Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, -60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence -shall be incorporated by reference in this agreement. - -15. Compliance with Licenses. - -If you are a business or organization, you agree that upon request from Adobe or Adobe’s authorized -representative, you will, within thirty (30) days, fully document and certify that use of any and all -Software at the time of the request is in conformity with your valid licenses from Adobe. - -16. European Union Provisions. - -Nothing included in this agreement (including Section 4.5) shall limit any non-waivable right to -decompile the Software that you may enjoy under mandatory law. For example, if you are located in the -European Union (EU), you may have the right upon certain conditions specified in the applicable law to -decompile the Software if it is necessary to do so in order to achieve interoperability of the Software -with another software program, and you have first asked Adobe in writing to provide the information -necessary to achieve such interoperability and Adobe has not made such information available. In -addition, such decompilation may only be done by you or someone else entitled to use a copy of the -Software on your behalf. Adobe has the right to impose reasonable conditions before providing such -information. Any information supplied by Adobe or obtained by you, as permitted hereunder, may only -be used by you for the purpose described herein and may not be disclosed to any third party or used to -create any software which is substantially similar to the expression of the Software or used for any other -act which infringes Adobe or its licensors’ copyright. - -17. Specific Provisions and Exceptions. - -17.1 Limitation of Liability for Users Residing in Germany and Austria. - -17.1.1 If you obtained the Software in Germany or Austria, and you usually reside in such country, then -Section 10 does not apply. Instead, subject to the provisions in Section 17.1.2, Adobe’s statutory liability -for damages shall be limited as follows: (a) Adobe shall be liable only up to the amount of damages as -typically foreseeable at the time of entering into the license agreement in respect of damages caused by -a slightly negligent breach of a material contractual obligation and (b) Adobe shall not be liable for -damages caused by a slightly negligent breach of a non-material contractual obligation. - -17.1.2 The aforesaid limitation of liability shall not apply to any mandatory statutory liability, in -particular, to liability under the German Product Liability Act, liability for assuming a specific guarantee -or liability for culpably caused personal injuries. - -17.1.3 You are required to take all reasonable measures to avoid and reduce damages, in particular to -make back-up copies of the Software and your computer data subject to the provisions of this -agreement. - -If you have any questions regarding this agreement, or if you wish to request any information from -Adobe, please use the address and contact information included with this product or via the web at -http://www.adobe.com to contact the Adobe office serving your jurisdiction. - -Adobe, Adobe AIR, AIR, Authorware, Flash, Reader, and Shockwave are either registered trademarks or -trademarks of Adobe Systems Incorporated in the United States and/or other countries. - -PlatformClients_PC_WWEULA-en_US-20110809_1357 |