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author | Jim Ramsay <lack@gentoo.org> | 2011-05-14 00:54:55 +0000 |
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committer | Jim Ramsay <lack@gentoo.org> | 2011-05-14 00:54:55 +0000 |
commit | 8d5aa462b13a7c50e174c01f99003c470e450dab (patch) | |
tree | 5ec2e36858e421c9e701d74287389ef70aa51396 /licenses/AdobeFlash-10.3 | |
parent | Version bumped. (diff) | |
download | historical-8d5aa462b13a7c50e174c01f99003c470e450dab.tar.gz historical-8d5aa462b13a7c50e174c01f99003c470e450dab.tar.bz2 historical-8d5aa462b13a7c50e174c01f99003c470e450dab.zip |
Adding new license for Adobe flash-player 10.3.
Diffstat (limited to 'licenses/AdobeFlash-10.3')
-rw-r--r-- | licenses/AdobeFlash-10.3 | 478 |
1 files changed, 478 insertions, 0 deletions
diff --git a/licenses/AdobeFlash-10.3 b/licenses/AdobeFlash-10.3 new file mode 100644 index 000000000000..1698df51f234 --- /dev/null +++ b/licenses/AdobeFlash-10.3 @@ -0,0 +1,478 @@ +http://www.adobe.com/products/eulas/players/flash/ + +End User License Agreement + +ADOBE® SOFTWARE LICENSE AGREEMENT + + NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING, COPYING OR + DISTRIBUTING ALL OR ANY PORTION OF THE ADOBE SOFTWARE ("SOFTWARE") YOU + ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN + PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY + IN SECTION 4; WARRANTY IN SECTION 7; AND LIABILITY IN SECTION 8. YOU AGREE + THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT + SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL + ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO + NOT AGREE, DO NOT USE THIS SOFTWARE. + + Adobe and its suppliers own all intellectual property in the Software. 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 + [92]www.adobe.com/go/thirdparty/ + 1. Definitions. "Software" means (a) all of the contents of the files + (provided either by electronic download, on physical media or any other + method of distribution), disk(s), CD-ROM(s) or other media with which + this Agreement is provided, including but not limited to (i) Adobe or + third party computer information or software, including the Adobe + Reader® ("Adobe Reader"), Adobe Flash® Player, Shockwave® Player and + Authorware® Player (collectively, the Flash, Shockwave and Authorware + players, are the "Web Players"); (ii) related explanatory written + materials or files ("Documentation"); and (iii) fonts; and (b) upgrades, + modified versions, updates, additions, and copies of the Software, if + any, licensed to you by Adobe (collectively, "Updates"). "Use" or + "Using" means to access, install, download, copy, or otherwise benefit + from using the functionality of the Software in accordance with the + Documentation. "Permitted Number" means one (1) unless otherwise + indicated under a valid license (e.g., volume license) granted by Adobe. + "Computer" means an electronic device that accepts information in + digital or similar form and manipulates it for a specific result based + on a sequence of instructions. "Adobe" means Adobe Systems Incorporated, + a Delaware corporation, 345 Park Avenue, San Jose, California 95110, if + subsection 9(a) of this Agreement applies; otherwise it means Adobe + Systems Software Ireland Limited, Unit 3100, Lake Drive, City West + Campus, Saggart D24, Republic of Ireland, a company organized under the + laws of Ireland and an affiliate and licensee of Adobe Systems + Incorporated. + 2. 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 (this "Agreement"), including the restrictions in Setion + 3, Adobe grants to you a non-exclusive license to Use the Software for + the purposes described in the Documentation as follows. + 2.1 General Use. You may install and Use a copy of the Software on your + compatible Computer, up to the Permitted Number of computers. The + Software may not be shared, installed or used concurrently on different + computers. See Section 3 for important restrictions on the Use of Adobe + Reader and Web Players. + 2.2 Server Use and Distribution. + 2.2.1 You may install one copy of the Adobe Reader on a computer file + server within your internal network for the sole and exclusive purpose + of (a) using the Software (from an unlimited number of client computers + on your internal network) via (i) the Network File System (NFS) for UNIX + versions of the Software or (ii) Windows Terminal Services and (b) + allowing for printing within your internal network. Unless otherwise + expressly permitted hereunder, no other server or network use of the + Software is permitted, including but not limited to use of the Software + (i) either directly or through commands, data or instructions from or to + another computer or (ii) for internal network, internet or web hosting + services. + 2.2.2 For information on how to distribute the Software on tangible + media or through an internal network please refer to the sections + entitled "How to Distribute Adobe Reader" at + [93]http://www.adobe.com/products/acrobat/distribute.html; or + "Distribute Macromedia Web Players" at + [94]http://www.adobe.com/licensing. + 2.3 Backup Copy. You may make one backup copy of the Software, provided + your backup copy is not installed or used on any Computer. You may not + transfer the rights to a backup copy unless you transfer all rights in + the Software as provided under Section 4. + 2.4 Portable or Home Computer Use. If and only if the Software is Adobe + Reader, in addition to the single copy permitted under Sections 2.1 and + 2.2, the primary user of the Computer on which the Software is installed + may make a second copy of the Software for his or her exclusive Use on + either a portable Computer or a Computer located at his or her home, + provided the Software on the portable or home Computer is not used at + the same time as the Software on the primary computer. + 2.5 No Modification. + 2.5.1 You may not modify, adapt, translate or create derivative works + based upon the Software. You may not reverse engineer, decompile, + disassemble or otherwise attempt to discover the source code of the + Software except to the extent you may be expressly permitted to + decompile under applicable law, it is essential to do so in order to + achieve operability of the Software with another software program, and + you have first requested Adobe to provide the information necessary to + achieve such operability and Adobe has not made such information + available. Adobe has the right to impose reasonable conditions and to + request a reasonable fee before providing such information. Any such + information supplied by Adobe and any information obtained by you by + such permitted decompilation 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. Requests for information should be directed to the Adobe + Customer Support Department. + 2.5.2 As an exception to the above, you may customize or extend the + functionality of the installer for the Adobe Reader as specifically + allowed by instructions found at + [95]http://www.adobe.com/support/main.html or + [96]http://partners.adobe.com (e.g., installation of additional plug-in + and help files). You may not otherwise alter or modify the Software or + create a new installer for the Software. The Adobe Reader is licensed + and distributed by Adobe for viewing, distributing and sharing PDF + files. + 2.6 Third Party Website Access. The Software may allow you to access + third party websites ("Third Party Sites"). Your access to and use of + any Third Party Sites, including any goods, services or information made + available from such sites, is governed by the terms and conditions found + at each Third Party Site, if any. Third Party Sites are not owned or + operated by Adobe. YOUR USE OF THIRD PARTY SITES IS AT YOUR OWN RISK. + ADOBE MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR + TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE + OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO + NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, + SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS + FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE THIRD PARTY SITES. + 2.7 Certified Documents. + 2.7.1 Certified Documents and CD Services. The Software may allow you + to validate Certified Documents. A "Certified Document" or “CD” is a PDF + file that has been digitally signed using (a) a certificate and (b) a + “private” encryption key that corresponds to the “public” key in the + certificate. Validation of a CD requires CD Services from the CD Service + Provider that issued the certificate. “CD Service Provider” is an + independent third party service vendor listed at + [97]http://www.adobe.com/security/partners_cds.html. “CD Services” are + services provided by CD Service Providers, including without limitation + (i) certificates issued by such CD Service Provider for use with the + Software's CD feature set, (ii) services related to issuance of + certificates, and (iii) other services related to certificates, + including without limitation verification services. + 2.7.2 CD Service Providers. Although the Software may provide + validation features, Adobe does not supply the necessary CD Services + required to use these features. Purchasing, availability and + responsibility for the CD Services are between you and the CD Service + Provider. Before you rely upon any CD, any digital signature applied + thereto, and/or any related CD Services, you must first review and agree + to the applicable Issuer Statement and this Agreement. “Issuer + Statement” means the terms and conditions under which each CD Service + Provider offers CD Services (see the links on + [98]http://www.adobe.com/security/partners_cds.html), including for + example any subscriber agreements, relying party agreements, certificate + policies and practice statements, and Section 2.7 of this Agreement. By + validating a CD using CD Services, you acknowledge and agree that (a) + the certificate used to digitally sign a CD may be revoked at the time + of verification, making the digital signature on the CD appear valid + when in fact it is not, (b) the security or integrity of a CD may be + compromised due to an act or omission by the signer of the CD, the + applicable CD Service Provider, or any other third party and (c) you + must read, understand, and be bound by the applicable Issuer Statement. + 2.7.3 Warranty Disclaimer. CD Service Providers offer CD Services + solely in accordance with the applicable Issuer Statement. ACCESS TO THE + CD SERVICES THROUGH THE USE OF THE SOFTWARE IS MADE AVAILABLE ON AN “AS + IS” BASIS ONLY AND WITHOUT ANY WARRANTY OR INDEMNITY OF ANY KIND (EXCEPT + AS SUPPLIED BY A CD SERVICES PROVIDER IN ITS ISSUER STATEMENT). ADOBE + AND EACH CD SERVICE PROVIDER (EXCEPT AS EXPRESSLY PROVIDED IN ITS ISSUER + STATEMENT) MAKE NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS + OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, + USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO + NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, + SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS + FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE CD SERVICES. + 2.7.4 Indemnity. You agree to hold Adobe and any applicable CD Service + Provider (except as expressly provided in its Issuer Statement) 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 CD Service, + 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 Issuer Statement, + this Agreement or applicable law; (d) failure to exercise reasonable + judgment under the circumstances in relying on the CD Services or (e) + failure to perform any of the obligations as required in an applicable + Issuer Statement. + 2.7.5 Limit of Liability. UNDER NO CIRCUMSTANCES WILL ADOBE OR ANY CD + SERVICE PROVIDER (EXCEPT AS EXPRESSLY SET FORTH IN ITS ISSUER STATEMENT) + BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY, FOR ANY LOSS OF USE, + REVENUE OR PROFIT, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC + LOSS OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, + PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO YOUR + USE OR RELIANCE UPON CD SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF + SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. THIS LIMITATION SHALL + APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH + OF THE FUNDAMENTAL OR MATERIALTERMS OF THIS AGREEMENT. + 2.7.6 Third Party Beneficiaries. You agree that any CD Service Provider + you utilize shall be a third party beneficiary with respect to this + Section 2.7 of this Agreement, and that such CD Service Provider shall + have the right to enforce such provisions in its own name as if the CD + Service Provider were Adobe. + 3. Restrictions. + 3.1 Web Player Prohibited Devices. You may not Use any Web Player 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 a Web Player on any (a) mobile devices, set top boxes (STB), + handhelds, phones, web pads, tablets and Tablet PCs that are not running + Windows XP Tablet PC Edition, game consoles, TVs, DVD players, media + centers (excluding Windows XP Media Center Edition and its successors), + electronic billboards or other digital signage, internet appliances or + other internet-connected devices, PDAs, medical devices, ATMs, telematic + devices, gaming machines, home automation systems, kiosks, remote + control devices, or any other consumer electronics device, (b) + operator-based mobile, cable, satellite, or television systems or (c) + other closed system devices. + 3.2 Notices. You shall not copy the Software except as set forth in + Section 2. Any copy of the Software that you make must contain the same + copyright and other proprietary notices that appear on or in the + Software. + 3.3 Document Features. The Software may contain features and + functionality (the “Document Features”) that appear disabled or “grayed + out.” These Document Features will only activate when opening a PDF + document that was created using corresponding enabling technology + available only from Adobe (“Keys”). You agree not to access, or attempt + to access, disabled Document Features or otherwise circumvent the + permissions that control activation of such Document Features. You may + only use the Document Features with PDF documents that have been enabled + using Keys obtained under a valid license from Adobe. No other use is + permitted. + 3.4 Adobe Reader Restrictions. You are not authorized to integrate or + use the Adobe Reader with any other software, plug-in or enhancement + that uses or relies upon the the Adobe Reader when converting or + transforming PDF files into other file formats (e.g., a PDF file into a + TIFF, JPEG, or SVG file). You are not authorized to integrate or use the + Adobe Reader with any plug-in software not developed in accordance with + the Adobe Integration Key License Agreement. Further, you are not + permitted to integrate or use the Adobe Reader with other software, or + access PDF files that contain instructions (e.g., JavaScript), in order + to (a) save data locally (on the same Computer), (b) create a file that + contains data (e.g., an XML or comments file) or (c) save modifications + to a PDF file, except when such saving or creation is allowed through + the use of Document Feature(s) enabled by Adobe. + 4. 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 herein. 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 + legally purchased a license to the Software. Notwithstanding the + foregoing, you may not transfer education, pre-release, or not for + resale copies of the Software. + 5. Intellectual Property Ownership, Copyright Protection. The Software and + any authorized copies that you make are the intellectual property of and + are owned by Adobe Systems Incorporated and its suppliers. The + structure, organization and code of the Software are the valuable trade + secrets and confidential information of Adobe Systems Incorporated 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. + 6. Updates. If the Software is an Update to a previous version of the + Software, you must possess a valid license to such previous version in + order to Use such Update. All Updates are provided to you on a license + exchange basis. You agree that by Using an Update you voluntarily + terminate your right to use any previous version of the Software. As an + exception, you may continue to Use previous versions of the Software on + your Computer after you Use the Update but only to assist you in the + transition to the Update, provided that: (a) the Update and the previous + versions are installed on the same computer; (b) the previous versions + or copies thereof are not transferred to another party or Computer + unless all copies of the Update are also transferred to such party or + Computer; and (c) you acknowledge that any obligation Adobe may have to + support the previous versions of the Software may be ended upon + availability of the Update. + 7. NO WARRANTY. The Software is being delivered to you "AS IS" and Adobe + makes no warranty as to its use or performance. Adobe provides no + technical support, warranties or remedies for the Software. ADOBE AND + ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU + MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, + REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT + BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, + ADOBE AND ITS SUPPLIERS 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 Section 7 and Section 8 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. + 8. LIMITATION OF LIABILITY. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE + LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR 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, CLAIMS OR COSTS OR FOR ANY CLAIM BY + ANY THIRD PARTY. 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 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 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. + 9. 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, Libya, 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. + 10. 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) England, if a license to the + Software is purchased 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. + 11. 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. + 12. Notice to U.S. Government End Users. The Software and Documentation are + "Commercial Items," as that term is defined at 48 C.F.R. §2.101, + consisting of "Commercial Computer Software" and "Commercial Computer + Software Documentation," as such terms are used in 48 C.F.R. §12.212 or + 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or + 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial + Computer Software and Commercial Computer Software Documentation are + being licensed to U.S. Government end users (a) only as Commercial Items + and (b) with only those rights as are granted to all other end users + pursuant to the terms and conditions herein. Unpublished-rights reserved + under the copyright laws of the United States. Adobe Systems + Incorporated, 345 Park Avenue, San Jose, CA 95110-2704, USA. 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. + 13. 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. + 14. Specific Provisions and Exceptions. + 14.1 Limited Warranty for Users Residing in Germany or Austria. If you + obtained the Software in Germany or Austria, and you usually reside in + such country, then Section 7 does not apply, instead, Adobe warrants + that the Software provides the functionalities set forth in the + Documentation (the "agreed upon functionalities") for the limited + warranty period following receipt of the Software when used on the + recommended hardware configuration. As used in this Section, "limited + warranty period" means one (1) year if you are a business user and two + (2) years if you are not a business user. Non-substantial variation from + the agreed upon functionalities shall not be considered and does not + establish any warranty rights. THIS LIMITED WARRANTY DOES NOT APPLY TO + SOFTWARE PROVIDED TO YOU FREE OF CHARGE, FOR EXAMPLE, UPDATES, + PRE-RELEASE, TRYOUT, PRODUCT SAMPLER, NOT FOR RESALE (NFR) COPIES OF + SOFTWARE, OR SOFTWARE THAT HAS BEEN ALTERED BY YOU, TO THE EXTENT SUCH + ALTERATIONS CAUSED A DEFECT. To make a warranty claim, during the + limited warranty period you must return, at our expense, the Software + and proof of purchase to the location where you obtained it. If the + functionalities of the Software vary substantially from the agreed upon + functionalities, Adobe is entitled -- by way of re-performance and at + its own discretion -- to repair or replace the Software. If this fails, + you are entitled to a reduction of the purchase price (reduction) or to + cancel the purchase agreement (rescission). For further warranty + information, please contact Adobe's Customer Support Department + 14.2 Limitation of Liability for Users Residing in Germany and Austria. + 14.2.1 If you obtained the Software in Germany or Austria, and you + usually reside in such country, then Section 8 does not apply, Instead, + subject to the provisions in Section 14.2.2, Adobe's statutory liability + for damages shall be limited as follows: (i) Adobe shall be liable only + up to the amount of damages as typically foreseeable at the time of + entering into the purchase agreement in respect of damages caused by a + slightly negligent breach of a material contractual obligation and (ii) + Adobe shall not be liable for damages caused by a slightly negligent + breach of a non-material contractual obligation. + 14.2.2 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. + 14.2.3 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. + 14.3 Pre-release Product Additional Terms. If the product you have + received with this license is pre-commercial release or beta Software + ("Pre-release Software"), then the following Section applies. To the + extent that any provision in this Section is in conflict with any other + term or condition in this Agreement, this Section shall supercede such + other term(s) and condition(s) with respect to the Pre-release Software, + but only to the extent necessary to resolve the conflict. You + acknowledge that the Software is a pre-release version, does not + represent final product from Adobe, and may contain bugs, errors and + other problems that could cause system or other failures and data loss. + Consequently, the Pre-release Software is provided to you "AS-IS", and + Adobe disclaims any warranty or liability obligations to you of any + kind. WHERE LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT + IT MAY BE LIMITED, ADOBE'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE + LIMITED TO THE SUM OF FIFTY DOLLARS (U.S. $50) IN TOTAL. You acknowledge + that Adobe has not promised or guaranteed to you that Pre-release + Software will be announced or made available to anyone in the future, + Adobe has no express or implied obligation to you to announce or + introduce the Pre-release Software and that Adobe may not introduce a + product similar to or compatible with the Pre-release Software. + Accordingly, you acknowledge that any research or development that you + perform regarding the Pre-release Software or any product associated + with the Pre-release Software is done entirely at your own risk. During + the term of this Agreement, if requested by Adobe, you will provide + feedback to Adobe regarding testing and use of the Pre-release Software, + including error or bug reports. If you have been provided the + Pre-release Software pursuant to a separate written agreement, such as + the Adobe Systems Incorporated Serial Agreement for Unreleased Products, + your use of the Software is also governed by such agreement. You agree + that you may not and certify that you will not sublicense, lease, loan, + rent, assign or transfer the Pre-release Software. Upon receipt of a + later unreleased version of the Pre-release Software or release by Adobe + of a publicly released commercial version of the Software, whether as a + stand-alone product or as part of a larger product, you agree to return + or destroy all earlier Pre-release Software received from Adobe and to + abide by the terms of the license agreement for any such later versions + of the Pre-release Software. Notwithstanding anything in this Section to + the contrary, if you are located outside the United States of America, + you agree that you will return or destroy all unreleased versions of the + Pre-release Software within thirty (30) days of the completion of your + testing of the Software when such date is earlier than the date for + Adobe's first commercial shipment of the publicly released (commercial) + Software. + 14.4 Settings Manager. Use of the Web Players, specifically the Flash + Player, will enable the Software to store certain user settings as a + local shared object on a your Computer. These settings are not + associated with you, but allow you to configure certain settings within + the Flash Player. You can find more information on local shared objects + at [99]http://www.adobe.com/software/flashplayer/security/ and more + information on the Settings Manager at + [100]www.adobe.com/go/settingsmanager. + + 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 www.adobe.com to contact the + Adobe office serving your jurisdiction + + Adobe, Authorware, Flash, Reader, and Shockwave are either registered + trademarks or trademarks of Adobe Systems Incorporated in the United States + and/or other countries. + + + Reader-PlayerWWEULA-en_US-20060607_2230 |