software license agreement

software license agreement
ADOBE SYSTEMS INCORPORATED
WARRANTY DISCLAIMER AND SOFTWARE LICENSE AGREEMENT
ADOBE COMMUNITY HELP AIR APPLICATION
NOTICE TO USERS: YOU MUST AGREE TO ALL TERMS BELOW BEFORE YOU USE
THE SOFTWARE OR ANY FUTURE UPDATES TO THE SOFTWARE. IF YOU DO NOT
AGREE TO ALL TERMS, DO NOT USE THIS SOFTWARE OR ANY UPDATES. BY
USING THE SOFTWARE YOU ACCEPT ALL THE TERMS BELOW.
PART I. WARRANTY DISCLAIMER
The Software is made available to you free of charge.
You may be entitled to warranties, conditions and terms that may not be excluded or limited by
Adobe under law. EXCEPT FOR THOSE NON-EXCLUDABLE WARRANTIES,
CONDITIONS AND TERMS, THE SOFTWARE, ADOBE ONLINE SERVICES AND THIRD
PARTY ONLINE SERVICES ARE MADE AVAILABLE "AS IS." EXCEPT FOR THOSE
NON-EXCLUDABLE WARRANTIES, CONDITIONS AND TERMS, ADOBE AND ITS
SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS,
GUARANTEES OR TERMS (EXPRESS OR IMPLIED, WHETHER BY STATUTE,
COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER
INCLUDING PERFORMANCE, RESULTS, SECURITY, NONINFRINGEMENT,
MERCHANTABILITY, INTEGRATION, QUIET ENJOYMENT, SATISFACTORY
QUALITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. THIS DISCLAIMER OF
WARRANTY MAY NOT BE VALID IN SOME STATES. YOU MAY HAVE WARRANTY
RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ADOBE
DOES NOT SEEK TO LIMIT YOUR WARRANTY RIGHTS TO ANY EXTENT NOT
PERMITTED BY LAW.
These exclusions and limitations will apply to the maximum extent permitted by applicable law,
even if any remedy fails its essential purpose. Adobe provides no support services for the
Software.
PART II. SOFTWARE LICENSE AGREEMENT
1. Definitions. "Software" means the software named above including any media, and
documentation that relate to that software. The term "Software" also includes any future updates
to the Software ("Updates") that are not delivered to you under separate terms.
2. Software License. If you obtained the Software from Adobe or one of its authorized licensees,
then as long as you comply with all terms of this agreement you may use the Software in the
manner and for the purposes described in its documentation. If the Software is designed for use
with an application software product (the "Host Application") published by Adobe; Adobe grants
you a non-exclusive license to use such Software with the Host Application only; provided you
possess a valid license from Adobe for the Host Application. Except as set forth below; such
Software is licensed to you subject to the terms and conditions of the End User License
Agreement from Adobe governing your use of the Host Application.
3. Restrictions and Obligations.
3.1 No Modification. You will not modify, translate, adapt or create derivative works based upon
the Software.
3.2 No Inconsistent Use. You will not install or use the Software in a manner inconsistent with
its design, including use on computers with which the Software is not designed to operate and
use in circumvention of content protection technologies.
3.3 No Reverse Engineering. You will not reverse engineer, decompile or otherwise attempt to
discover the source code of the Software.
3.4 No Distribution or Transfer. You will not distribute, rent, lease, sublicense, assign or transfer
your rights in the Software, or authorize the Software to be copied onto another user's computer
except as expressly allowed by this agreement. You will not make the Software available for use
on a server hosted, service bureau or similar basis, on the Internet or otherwise. You may
permanently transfer all your rights to use the Software to another person or legal entity as long
as (a) you retain no copies and (b) the receiving party accepts the terms and conditions of this
agreement and any other terms and conditions upon which you properly licensed the Software.
4. Intellectual Property Ownership. Adobe and its suppliers own all intellectual property rights
in the Software. The Software is licensed, not sold. You will not install, copy or use the Software
in any manner not expressly permitted above. All rights not expressly granted under this
agreement are reserved by Adobe and its suppliers.
5. Updates. By using an Update, you voluntarily terminate your right to use any previous version
of the Software. Adobe may deliver Updates to you on different terms. The Software may cause
your computer to automatically connect to the Internet to check for Updates that are available for
automatic download to your computer. Please consult the documentation for information about
changing default update settings.
6. Internet Connectivity and Online Services.
6.1 Automatic Connections to the Internet. The Software may cause your computer to
automatically connect to the Internet in order to let Adobe know that the Software is successfully
installed and in order to use services that are provided to you by Adobe and others. Please
consult the documentation for information about changing default settings. The following
provisions apply to all automatic Internet connections by the Software:
6.1.1 When the Software automatically connects to the Internet, an Internet protocol address that
is associated with your current Internet connection is sent to an Adobe website; and
6.1.2 When the Software automatically connects to the Internet, no personally identifiable
information is sent except to the extent that Internet Protocol Addresses may be considered
personally identifiable in some jurisdictions.
6.2 Online Services Provided by Third Parties. The Software may facilitate your access to
websites and services maintained by third parties ("Third Party Online Service(s)"). Your use of
a Third Party Online Service is governed by the terms associated with such Third Party Online
Services. Adobe may at any time, for any reason, modify or discontinue the availability of any
Third Party Online Services. Adobe does not control, endorse or accept responsibility for Third
Party Online Services. Any dealings between you and any third party in connection with a Third
Party Online Service, including such party's privacy policies and use of your personal
information, delivery of and payment for goods and services and any other terms associated with
such dealings, are solely between you and such third party.
7. WARRANTY DISCLAIMER.
The Software is made available to you free of charge.
You may be entitled to warranties, conditions and terms that may not be excluded or limited by
Adobe under law. YOU AGREE THAT ADOBE HAS MADE NO EXPRESS WARRANTIES
TO YOU REGARDING THE SOFTWARE AND THAT THE SOFTWARE IS BEING
PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. ADOBE
DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE; EXPRESS OR
IMPLIED; INCLUDING; WITHOUT LIMITATION; ANY IMPLIED WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE; MERCHANTABILITY; MERCHANTABLE
QUALITY OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. These exclusions and
limitations will apply to the maximum extent permitted by applicable law, even if any remedy
fails its essential purpose. Adobe provides no support services for the Software.
8. LIMITATION OF LIABILITY.
EXCEPT FOR ANY REMEDIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER
LAW, ADOBE, AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE TO YOU
FOR ANY LOSS, DAMAGES, CLAIMS OR COSTS INCLUDING ANY INDIRECT,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST
SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION,
PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A
THIRD PARTY, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS. IN ANY EVENT,
ADOBE€™S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES AND
SUPPLIERS IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE
AMOUNT PAID FOR THE SOFTWARE, IF ANY. THIS LIMITATION WILL APPLY EVEN
IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF
THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. 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
affiliates and suppliers for the purpose of disclaiming, excluding and limiting obligations,
warranties and liability, but in no other respects and for no other purpose.
THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT
PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. THIS LIMITATION OF
LIABILITY MAY NOT BE VALID IN SOME STATES. YOU MAY HAVE RIGHTS THAT
CANNOT BE WAIVED UNDER CONSUMER PROTECTION AND OTHER LAWS. ADOBE
DOES NOT SEEK TO LIMIT YOUR WARRANTY OR REMEDIES TO ANY EXTENT NOT
PERMITTED BY LAW.
9. Export Rules. You will comply with all applicable export laws, restrictions or regulations. If
the Software is identified as an export controlled item under U.S. export law, you represent and
warrant that you are not a citizen of, or located within, an embargoed or otherwise restricted
nation, and that you are not otherwise prohibited under U.S. export laws from receiving the
Software.
10. Governing Law. This agreement will be governed by and construed in accordance with the
substantive laws of: (a) the State of California, if a license to the Software is obtained when you
are in North America; or (b) in Japan, if a license to the Software is obtained in an Asian country
where English is not an official language; or (c) England, if a license to the Software is obtained
in any other location. The respective courts of Santa Clara County, California when (a) applies,
Tokyo District Court in Japan, when (b) applies, and the competent courts of England, when (c)
applies, shall each have non-exclusive jurisdiction over all disputes relating to this agreement.
This agreement will not be governed by the conflict of law rules of any jurisdiction or the United
Nations Convention on Contracts for the International Sale of Goods, the application of which is
expressly excluded.
11. General Provisions. Your rights to use the Software terminate immediately if you do not
comply with any term of this agreement. If any provision of this agreement is found
unenforceable, only that provision, interpreted as narrowly as possible, will be held
unenforceable and the rest of this agreement will remain valid and enforceable according to its
terms. Sections 8 and 9 shall survive the termination of this agreement. 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. This agreement 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.
Was this manual useful for you? yes no
Thank you for your participation!

* Your assessment is very important for improving the work of artificial intelligence, which forms the content of this project

Download PDF

advertisement