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End User License Agreement
ADOBE SOFTWARE END USER LICENSE AGREEMENT
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A
LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED
OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND ADOBE.
READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND
USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND
CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY SELECTING
THE DOWNLOAD OR INSTALL NOW BUTTON AND/OR USING THE SOFTWARE, YOU
ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO
BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE
TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL OR USE THE SOFTWARE.
1. Definitions
1. "Authorized Operating Systems" means the desktop and
standard-laptop versions of the following operating systems:
1. Microsoft Windows operating systems (including desktop
and standard-laptop PC versions of Windows 95, 98, 2000,
NT, ME, XP Home, XP Professional, and XP Tablet PC
Edition, but specifically excluding Windows XP
Embedded, Windows XP Media Center Edition, and
successors);
2. Macintosh operating systems;
3. Linux operating systems, but specifically excluding
any embedded version of Linux; and
4. Solaris operating systems.
2. "Adobe" means Adobe Systems Incorporated and its licensors, if any.
3. "Software" means only the Macromedia® Flash® Player,
Macromedia® Shockwave® Player, or Macromedia® Authorware®
Player and third party software programs, in each case,
supplied by Adobe therewith, and corresponding documentation,
associated media, printed materials, and online or electronic
documentation, and all updates or upgrades of the above
that are provided to you.
For the avoidance of doubt, no embedded or device versions of
the above operating systems, or any other operating systems,
are included as Authorized Operating Systems.
2. License Grants
1. You may install and use the Software on a single desktop
or laptop computer that runs an Authorized Operating System.
A license for the Software may not be shared, installed
or used concurrently on different computers.
2. You agree that Adobe may audit your use of the Software
for compliance with these terms at any time, upon reasonable
notice. In the event that such audit reveals any use of
the Software by you other than in full compliance with
the terms of this Agreement, you shall reimburse Adobe
for all reasonable expenses related to such audit in
addition to any other liabilities you may incur as a result
of such non-compliance.
Certain rights are not granted under this Agreement, but may
be available under a separate agreement. If you would like to
enter into a distribution agreement or learn of other licensing
strategies, please go to: http://www.macromedia.com/licensing/.
3. License Restrictions
1. You may not use the Software on any non-PC product or any
embedded or device versions of the above operating systems,
including, but not limited to, (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
(including 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, (C) other closed system devices, or (D) any
operating system that is not an Authorized Operating
System.
2. You may not make or distribute copies of the Software, or
electronically transfer the Software from one computer to
another or over a network.
3. You may not alter, merge, modify, adapt or translate the
Software, or decompile, reverse engineer, disassemble, or
otherwise reduce the Software to a human-perceivable form.
4. You may not sell, rent, lease, or sublicense the Software.
5. You may not modify the Software or create derivative works
based upon the Software.
6. You may not export the Software into any country prohibited
by the United States Export Administration Act and the
regulations thereunder.
7. In the event that you fail to comply with this EULA, Adobe
may terminate the license and you must destroy all copies of
the Software (with all other rights of both parties and
all other provisions of this EULA surviving any such
termination).
8. You shall not use the Software to develop any software or
other technology having the same primary function as the
Software, including but not limited to using the Software
in any development or test procedure that seeks to develop
like software or other technology, or to determine if such
software or other technology performs in a similar manner
as the Software.
4. Ownership
The foregoing license gives you limited license to use the
Software. Adobe and its suppliers retain all right, title and
interest, including all copyright and intellectual property
rights, in and to, the Software and all copies thereof. All
rights not specifically granted in this EULA, including Federal
and International Copyrights, are reserved by Adobe and its
suppliers.
5. WARRANTY DISCLAIMER
1. THE SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE, AND ON
AN "AS-IS" BASIS. ADOBE PROVIDES NO TECHNICAL SUPPORT,
WARRANTIES OR REMEDIES FOR THE SOFTWARE.
2. ADOBE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND
REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE,
INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF
NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. ADOBE DOES
NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL
OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES
REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED
ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE SOFTWARE IS
NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS
ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING
WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE
OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION
OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE
SUPPORT OR WEAPONS SYSTEMS. ADOBE SPECIFICALLY DISCLAIMS
ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH
PURPOSES.
3. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT
TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION
TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
4. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ADOBE,
ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE
A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY
PROVIDED HEREIN.
5. (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND
YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE
TO STATE.
6. ADOBE SHALL HAVE NO RESPONSIBILITY IF THE SOFTWARE HAS
BEEN ALTERED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES OUT
OF USE OF THE SOFTWARE WITH OTHER THAN A RECOMMENDED
HARDWARE CONFIGURATION, PLATFORM OR OPERATING SYSTEM.
6. LIMITATION OF LIABILITY
1. NEITHER ADOBE NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT
OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS
INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR
INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY
OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF
WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR OTHERWISE, EVEN IF ADOBE OR ITS REPRESENTATIVES HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN
IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF
ITS ESSENTIAL PURPOSE.
2. ADOBE'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR
ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $10
OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED
SUCH DAMAGE.
3. (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS
THAT VARY FROM STATE TO STATE.
4. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO
APPLY TO ALL ASPECTS OF THIS EULA.
7. Basis of Bargain
The Warranty Disclaimer and Limited Liability set forth above
are fundamental elements of the basis of the agreement between
Adobe and you. Adobe would not be able to provide the Software
on an economic basis without such limitations. Such Warranty
Disclaimer and Limited Liability inure to the benefit of Adobe's
licensors.
8. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
This Software and the documentation are provided with "RESTRICTED
RIGHTS" applicable to private and public licenses alike. Without
limiting the foregoing, use, duplication, or disclosure by the
US Government is subject to restrictions as set forth in this
EULA and as provided in DFARS 227.7202-1(a) and 227.7202-3(a)
(1995), DFARS 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995),
FAR 52.227-19, or FAR 52.227-14, as applicable. Manufacturer:
Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA 95110.
9. (Outside of the USA) Consumer End Users Only
The limitations or exclusions of warranties and liability
contained in this EULA do not affect or prejudice the statutory
rights of a consumer, i.e., a person acquiring goods otherwise
than in the course of a business.
The limitations or exclusions of warranties, remedies or
liability contained in this EULA shall apply to you only to
the extent such limitations or exclusions are permitted under
the laws of the jurisdiction where you are located.
10. Third Party Software
The Software may contain third party software which requires
notices and/or additional terms and conditions. Such required
third party software notices and/or additional terms and
conditions are located at www.macromedia.com/go/thirdparty/
and are made a part of and incorporated by reference into this
EULA. By accepting this EULA, you are also accepting the
additional terms and conditions, if any, set forth therein.
11. General
This EULA shall be governed by the internal laws of the State
of California, without giving effect to principles of conflict
of laws. You hereby consent to the exclusive jurisdiction and
venue of the state courts sitting in San Francisco County,
California or the federal courts in the Northern District of
California to resolve any disputes arising under this EULA. In
each case this EULA shall be construed and enforced without
regard to the United Nations Convention on the International
Sale of Goods.
This EULA contains the complete agreement between the parties
with respect to the subject matter hereof, and supersedes all
prior or contemporaneous agreements or understandings, whether
oral or written. You agree that any varying or additional terms
contained in any purchase order or other written notification
or document issued by you in relation to the Software licensed
hereunder shall be of no effect. The failure or delay of Adobe
to exercise any of its rights under this EULA or upon any breach
of this EULA shall not be deemed a waiver of those rights or
of the breach.
No Adobe dealer, agent or employee is authorized to make any
amendment to this EULA.<
If any provision of this EULA shall be held by a court of
competent jurisdiction to be contrary to law, that provision
will be enforced to the maximum extent permissible, and the
remaining provisions of this EULA will remain in full force
and effect.
All questions concerning this EULA shall be directed to: Adobe
Systems Incorporated, 345 Park Avenue, San Jose, CA 95110,
Attention: General Counsel.
Adobe and other trademarks contained in the Software are
trademarks or registered trademarks of Adobe Systems Incorporated
in the United States and/or other countries. Third party
trademarks, trade names, product names and logos may be the
trademarks or registered trademarks of their respective owners.
You may not remove or alter any trademark, trade names, product
names, logo, copyright or other proprietary notices, legends,
symbols or labels in the Software. This EULA does not authorize
you to use Adobe's or its licensors' names or any of their
respective trademarks.
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