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author | Michael Sterrett <mr_bones_@gentoo.org> | 2012-04-26 18:00:23 +0000 |
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committer | Michael Sterrett <mr_bones_@gentoo.org> | 2012-04-26 18:00:23 +0000 |
commit | 56de27dd16a81d316c427f84a6e1fb4c533291b0 (patch) | |
tree | 4be4e3e1f30586a2f0c7ec64974f6319d84a177c /licenses | |
parent | keyword ~amd64-fbsd (diff) | |
download | gentoo-2-56de27dd16a81d316c427f84a6e1fb4c533291b0.tar.gz gentoo-2-56de27dd16a81d316c427f84a6e1fb4c533291b0.tar.bz2 gentoo-2-56de27dd16a81d316c427f84a6e1fb4c533291b0.zip |
clean unused license
Diffstat (limited to 'licenses')
-rw-r--r-- | licenses/AdobeFlash-11_beta | 603 |
1 files changed, 0 insertions, 603 deletions
diff --git a/licenses/AdobeFlash-11_beta b/licenses/AdobeFlash-11_beta deleted file mode 100644 index 62f7c32209d0..000000000000 --- a/licenses/AdobeFlash-11_beta +++ /dev/null @@ -1,603 +0,0 @@ -Adobe Flash Player 11 Beta End User License Agreement - -ADOBE SYSTEMS INCORPORATED - - 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: - * [20]Use (Section 3); - * [21]Transferability (Section 5); - * [22]Connectivity and Privacy (Section 7), including: - + [23]Updating, - + [24]Local Storage, - + [25]Settings Manager, - + [26]Peer Assisted Networking Technology, - + [27]Content Protection Technology, and - + [28]Use of Adobe Online Services; - * [29]Warranty Disclaimer (Section 1.1), and; - * [30]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 [31]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 - [32]http://www.adobe.com/go/acrobat_distribute for information about - Adobe Reader; or [33]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 - [34]http://www.adobe.com/go/acrobat_distribute for information about - Adobe Reader; or [35]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 - [36]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 [37]http://www.mpegla.com. - - 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 - [38]http://www.adobe.com/devnet/reader/ikla.html. - - 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 - [39]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 - [40]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, or online at - [41]http://www.adobe.com/go/settingsmanager for Flash Player, - [42]http://acrobatsupport.com/turning-off-the-acrobat-updater (or - successor website) for Reader, and - [43]http://kb2.adobe.com/cps/403/kb403175.html and - [44]http://airdownload.adobe.com/air/applications/SettingsManager/Setti - ngsManager.air 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 solely controlled - by the third party. You can find more information on local shared - objects at [45]http://www.adobe.com/go/flashplayer_security. For more - information on how to limit or control the storage of local shared - objects on your Computer, please visit - [46]http://www.adobe.com/go/settmgr_storage_en. - - 7.4 Settings Manager. Flash Player and Adobe AIR may cause certain user - settings to be stored on your Computer as a local shared object. These - settings are associated with the instance of Flash Player or Adobe AIR - on your Computer, but do not contain personally identifiable - information associated with you, and allow you to configure certain - settings within the Flash Player including the ability to limit third - parties from storing local shared objects. You can find more - information on how to configure your version of Flash Player or Adobe - AIR, including how to disable local shared objects in the Settings - Manager for Flash Player, at - [47]http://www.adobe.com/go/settingsmanager, or - [48]http://airdownload.adobe.com/air/applications/SettingsManager/Setti - ngsManager.air for Adobe AIR. - - 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. To manage Peer Assisted Networking settings, - please go to the Settings Manager at - [49]http://www.adobe.com/go/settmgr_networking_en. You can find more - information on Peer Assisted Networking at - [50]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 rights - from a rights server on the Internet, and may download and install - required components of the Software, including any available Content - Protection Updates. You can find more information on Content Protection - at [51]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, no personally identifiable - information is sent except to the extent that IP Addresses may be - considered personally identifiable in some jurisdictions. - Notwithstanding the foregoing, if you sign on to Acrobat.com your user - name and password may be sent to Adobe's servers and stored by Adobe in - accordance with the Acrobat.com Additional Terms of Use. 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 ([52]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 [53]http://www.adobe.com/go/partners_cds and Adobe Approved - Trust List (AATL) vendors listed at - [54]http://www.adobe.com/security/approved-trust-list.html, and - individualization vendors found at - [55]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 [56]http://www.adobe.com/go/partners_cds - for information about Adobe's CDS vendors and - [57]http://www.adobe.com/security/approved-trust-list.html 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, 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. - - This agreement will be governed by and construed in accordance with the - substantive laws in force: (a) in the State of California, if a license - to the Software is obtained when you are in the United States, Canada, - or Mexico; or (b) in Japan, if a license to the Software is obtained - when you are in Japan, China, Korea, or other Southeast Asian country - where all official languages are written in either an ideographic - script (e.g., Hanzi, Kanji, or Hanja), and/or other script based upon - or similar in structure to an ideographic script, such as Hangul or - Kana; or (c) in England, if a license to the Software is obtained when - you are in any other 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 England, when the law of England applies, shall - each have non-exclusive jurisdiction over all disputes relating to 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 - [58]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-20100108_1657 |