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diff --git a/licenses/AdobeFlash-10.1 b/licenses/AdobeFlash-10.1 new file mode 100644 index 000000000000..f8cd4c7216ee --- /dev/null +++ b/licenses/AdobeFlash-10.1 @@ -0,0 +1,391 @@ +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: +- Use (Section 3); +- Transferability (Section 5); +- Connectivity and Privacy (Section 7), including: +- Updating, +- Local Storage, +- Settings Manager, +- Peer Assisted Networking Technology, +- Content Protection Technology, and +- Use of Adobe Online Services; +- Warranty Disclaimer (Section 1.1), and; +- Liability Limitations (Sections 10 and 17). +Upon acceptance, this agreement is enforceable against you and any entity that obtained the +Software and on whose behalf it is used. If you do not agree, do not Use the Software. +1.3 ADDITIONAL TERMS AND AGREEMENTS. Adobe permits you to Use the Software only +in accordance with the terms of this agreement. Use of some third party materials included in the +Software may be subject to other terms and conditions typically found in a separate license +agreement, a “Read Me” file located near such materials or in the “Third Party Software Notices +and/or Additional Terms and Conditions” found at http://www.adobe.com/go/thirdparty. Such +other terms and conditions will supersede all or portions of this agreement in the event of a +conflict with the terms and conditions of this agreement. +2. Definitions. +“Adobe” means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose, +California 95110, if subsection 12(a) of this agreement applies; otherwise it means Adobe Systems +Software Ireland Limited, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland, a company +organized under the laws of Ireland and an affiliate and licensee of Adobe Systems Incorporated. +“Compatible Computer” means a Computer that conforms to the system requirements of the Software +as specified in the Documentation. +“Computer” means a virtual machine or physical personal electronic device that accepts information in +digital or similar form and manipulates it for a specific result based on a sequence of instructions. +“Personal Computer” or “PC” shall mean a hardware product which is designed and marketed with +the primary purpose of operating a wide variety of productivity, entertainment, and other software +applications provided by unrelated third party software vendors, which operates depending upon the +use of a full function and full feature set computer operating system of the type(s) then in widespread +use with hardware to operate general purpose laptop, desktop, server and large format tablet +microprocessor based computers. This definition of Personal Computer shall exclude hardware +products that are designed and/or marketed to have as their primary purpose any number of the +following: television, television receiver, portable media player, audio/video receiver, radio, audio +headphone, audio speaker, personal digital assistant (“PDA”), telephone or similar telephony based +device, game console, personal video recorder (“PVR”), player for digital versatile disc (“DVD”) or +other optical media, video camera, still camera, camcorder, video editing and format conversion +device, video image projection device, and shall further exclude any similar type of consumer, +professional or industrial device. +“Software” means (a) all of the contents of the files (delivered electronically or on physical media), or +disk(s) or other media with which this agreement is provided, which may include (i) Adobe or third +party computer information or software, including Adobe Reader® (“Adobe Reader”), Adobe® AIR® +(“Adobe AIR”), Adobe Flash® Player, Shockwave® Player and Authorware® Player (collectively, +Adobe AIR and the Flash, Shockwave and Authorware players are the “Adobe Runtimes”); (ii) related +explanatory written materials or files (“Documentation”); and (iii) fonts; and (b) upgrades, modified +versions, updates, additions, and copies of the foregoing, provided to you by Adobe at any time +(collectively, “Updates”). +“Use” means to access, install, download, copy, or otherwise benefit from using the functionality of the +Software. +3. Software License. +If you obtained the Software from Adobe or one of its authorized licensees, and subject to your +compliance with the terms of this agreement, including the restrictions in Section 4, Adobe grants to +you a non-exclusive license to Use the Software in the manner and for the purposes described in the +Documentation as follows: +3.1 General Use. You may install and Use one copy of the Software on your Compatible +Computer. See Section 4 for important restrictions on the Use of the Software. +3.2 Server Use. This agreement does not permit you to install or Use the Software on a +computer file server. For information on Use of Software on a computer file server please +refer to http://www.adobe.com/go/acrobat_distribute for information about Adobe Reader; +or http://www.adobe.com/go/licensing for information about the Adobe Runtimes. +3.3 Distribution. This license does not grant you the right to sublicense or distribute the +Software. For information about obtaining the right to distribute the Software on tangible +media or through an internal network or with your product or service please refer +to http://www.adobe.com/go/acrobat_distribute for information about Adobe Reader; +or http://www.adobe.com/go/licensing for information about the Adobe Runtimes. +3.4 Backup Copy. You may make one backup copy of the Software, provided your backup +copy is not installed or used other than for archival purposes. You may not transfer the rights to +a backup copy unless you transfer all rights in the Software as provided under Section 5. +4. Obligations and Restrictions. +4.1 Adobe Runtime Restrictions. You will not Use any Adobe Runtime on any non-PC device or +with any embedded or device version of any operating system. For the avoidance of doubt, and by +example only, you may not Use an Adobe Runtime on any (a) mobile device, set top box (STB), +handheld, phone, game console, TV, DVD player, media center (other than with Windows XP +Media Center Edition and its successors), electronic billboard or other digital signage, Internet +appliance or other Internet-connected device, PDA, medical device, ATM, telematic device, gaming +machine, home automation system, kiosk, remote control device, or any other consumer electronics +device, (b) operator-based mobile, cable, satellite, or television system or (c) other closed system +device. No right or license to Use any Adobe Runtime is granted for such prohibited uses. +For information on Software license terms for non-PC versions of Adobe Runtimes please +visit http://www.adobe.com/go/runtime_mobile_EULA. For information on licensing Adobe Runtimes +for distribution on such systems please visit http://www.adobe.com/go/licensing. +4.1.1 AVC Video Restrictions. The Software may contain h.264/AVC video technology, the use of +which requires the following notice from MPEG-LA, L.L.C.: +THIS SOFTWARE IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR +THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (I) ENCODE VIDEO +IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (II) DECODE AVC +VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON- +COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED +TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY +OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. +SEE http://www.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 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 http://www.adobe.com/go/readerextensions. +4.4 Notices. You shall not alter or remove any copyright or other proprietary notice that appears on or +in the Software. +4.5 No Modification or Reverse Engineering. You shall not modify, adapt, translate or create derivative +works based upon the Software. You shall not reverse engineer, decompile, disassemble, or otherwise +attempt to discover the source code of the Software. If you are located in the European Union, please +refer to the additional terms at the end of this agreement under the header “European Union +Provisions,” in Section 16. +5. Transfer. +You may not rent, lease, sublicense, assign, or transfer your rights in the Software, or authorize all or +any portion of the Software to be copied onto another user’s Computer except as may be expressly +permitted by this agreement. You may, however, transfer all your rights to Use the Software to another +person or legal entity provided that: (a) you also transfer (i) this agreement, and (ii) the Software +and all other software or hardware bundled or pre-installed with the Software, including all copies, +Updates, and prior versions, to such person or entity, (b) you retain no copies, including backups +and copies stored on a Computer, and (c) the receiving party accepts the terms and conditions of this +agreement and any other terms and conditions upon which you obtained a valid license to the Software. +Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of +the Software. +6. Intellectual Property Ownership, Reservation of Rights. +The Software and any authorized copies that you make are the intellectual property of Adobe and its +suppliers. The structure, organization and code of the Software are the valuable intellectually property +(e.g. trade secrets and confidential information) of Adobe and its suppliers. The Software is protected +by law, including without limitation the copyright laws of the United States and other countries, and by +international treaty provisions. Except as expressly stated herein, this agreement does not grant you any +intellectual property rights in the Software and all rights not expressly granted are reserved by Adobe +and its suppliers. +7. Connectivity and Privacy. You acknowledge and agree to the following: +7.1 Use of PDF Files. When you Use the Software to open a PDF file that has been enabled to display +ads, your Computer may connect to a website operated by Adobe, an advertiser, or other third party. +Your Internet Protocol address (“IP Address”) is sent when this happens. The party hosting the site may +use technology to send (or “serve”) advertising or other electronic content that appears in or near the +opened PDF file. The website operator may also use JavaScript, web beacons (also known as action tags +or single-pixel gifs), and other technologies to increase and measure the effectiveness of advertisements +and to personalize advertising content. Your communication with Adobe websites is governed by the +Adobe Online Privacy Policy found at http://www.adobe.com/go/privacy (“Adobe Online Privacy +Policy”). Adobe may not have access to or control over features that a third party may use, and the +information practices of third party websites are not covered by the Adobe Online Privacy Policy. +7.2 Updating. If your Computer is connected to the Internet, the Software may, without +additional notice, check for Updates that are available for automatic download and +installation to your Computer and let Adobe know the Software is successfully installed. +For Reader, Updates may be automatically downloaded but not installed without additional +notice unless you change your preferences to accept automatic installation. Only non-personally +identifying information is transmitted to Adobe when this happens, except to the extent that +IP Addresses may be considered personally identifiable in some jurisdictions. The use of +such information, including your IP Address, as provided by the auto update process is +governed by the Adobe Online Privacy Policy. Please consult the Documentation for information +about changing default update settings, or online +at http://www.adobe.com/go/settingsmanager for Flash +Player, http://acrobatsupport.com/turning-off-the-acrobat-updater (or successor +website) for Reader, and http://kb2.adobe.com/cps/403/kb403175.html +and http://airdownload.adobe.com/air/applications/SettingsManager/SettingsManager.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 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 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 http://www.adobe.com/go/settingsmanager, +or http://airdownload.adobe.com/air/applications/SettingsManager/SettingsManager.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 http://www.adobe.com/go/settmgr_networking_en. +You can find more information on Peer Assisted Networking at http://www.adobe.com/go/RTMFP. +7.6 Content Protection Technology. If you Use the Adobe Runtimes to access content that has been +protected with Adobe Flash Media Rights Management Server or Flash Access software (“Content +Protection”), in order to let you play the protected content, the Software may automatically request +media usage rights and individualization 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 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 (http://www.adobe.com/go/terms) shall apply. Please note that the Adobe Privacy Policy allows +tracking of website visits and it addresses in detail the topic of tracking and use of cookies, web +beacons and similar devices. +8. Third Party Offerings. You acknowledge and agree to the following: +8.1 Third Party Offerings. The Software may allow you to access and interoperate with third party +content, software applications, and data services, including rich Internet applications (“Third Party +Offerings”). Your access to and use of any Third Party Offering, including any goods, services, or +information, is governed by the terms and conditions respecting such offerings and copyright laws of +the United States and other countries. Third Party Offerings are not owned or provided by Adobe. +You agree that you will not use any of such Third Party Offerings in violation of copyright laws of +the United States or other countries. Adobe or the third party may at any time, for any reason, modify +or discontinue the availability of any Third Party Offerings. Adobe does not control, endorse or accept +responsibility for Third Party Offerings. Any dealings between you and any third party in connection +with a Third Party Offerings, including such party’s privacy policies and use of your personal +information, delivery of and payment for goods and services and any other terms, conditions, +warranties or representations associated with such dealings, are solely between you and such third +party. Third Party Offerings might not be available in all languages or to residents of all countries and +Adobe or the third party may, at any time and for any reason, modify or discontinue the availability of +any Third Party Offerings. +8.2 EXCEPT AS EXPRESSLY AGREED BY ADOBE OR ITS AFFILIATES OR A THIRD PARTY +IN A SEPARATE AGREEMENT, YOUR USE OF ADOBE AND THIRD PARTY OFFERINGS IS +AT YOUR OWN RISK UNDER THE WARRANTY AND LIABILITY LIMITATIONS OF +SECTIONS 1.1 AND 10. +9. Digital Certificates. You acknowledge and agree to the following: +9.1 Use. Adobe AIR uses digital certificates to help you identify the publisher of Adobe AIR applications +created by third parties. Additionally, Adobe AIR uses digital certificates to establish the identity of +servers accessed via the Transport Layer Security (TLS) protocol, including access via HTTPS. Adobe +Reader uses digital certificates to sign and validate signatures within PDF documents and to validate +certified PDF documents. Adobe Runtimes use digital certificates to secure protected content from +unauthorized usage. Your Computer may connect to the Internet at the time of validation of a digital +certificate in order to download current certificate revocation lists (CRLs) or to update the list of digital +certificates. This access may be made both by the Software and by applications based on the Software. +Digital certificates are issued by third party certificate authorities, including Adobe Certified Document +Services (CDS) vendors listed at http://www.adobe.com/go/partners_cds and Adobe Approved Trust List +(AATL) vendors listed at http://www.adobe.com/security/approved-trust-list.html, and individualization +vendors found at http://www.adobe.com/go/protected_content (collectively “Certification Authorities”), +or can be self-signed. +9.2 Terms and Conditions. Purchase, use and reliance upon digital certificates are the responsibility of +you and a Certification Authority. Before you rely upon any certified document, digital signature or +Certification Authority services, you should review the applicable terms and conditions under which +the relevant Certification Authority provides services, including, for example, any subscriber +agreements, relying party agreements, certificate policies and practice statements. See the links +on http://www.adobe.com/go/partners_cds for information about Adobe’s CDS vendors +and http://www.adobe.com/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 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. |