diff options
author | Jim Ramsay <lack@gentoo.org> | 2011-07-15 11:47:32 +0000 |
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committer | Jim Ramsay <lack@gentoo.org> | 2011-07-15 11:47:32 +0000 |
commit | 45fa4e15a7f81d1a946d74bf20ada1cd2c9106de (patch) | |
tree | e166cb9dea1e29f7d973b016df6d0055f1296639 /licenses/AdobeFlash-11_beta | |
parent | [base/packages] Revert unintentional commit about bug 221311 - will apply it ... (diff) | |
download | historical-45fa4e15a7f81d1a946d74bf20ada1cd2c9106de.tar.gz historical-45fa4e15a7f81d1a946d74bf20ada1cd2c9106de.tar.bz2 historical-45fa4e15a7f81d1a946d74bf20ada1cd2c9106de.zip |
Cleaning up old unneeded adobe flash licenses, and adding the new one for
11-beta
Diffstat (limited to 'licenses/AdobeFlash-11_beta')
-rw-r--r-- | licenses/AdobeFlash-11_beta | 603 |
1 files changed, 603 insertions, 0 deletions
diff --git a/licenses/AdobeFlash-11_beta b/licenses/AdobeFlash-11_beta new file mode 100644 index 000000000000..e6c5c49aad6c --- /dev/null +++ b/licenses/AdobeFlash-11_beta @@ -0,0 +1,603 @@ +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 |