flash-license

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.