8.0
ADOBE SYSTEMS INCORPORATED
Adobe Distiller Server Software
Software License Agreement
NOTICE TO USER: THIS LICENSE AGREEMENT ("AGREEMENT") GOVERNS
INSTALLATION AND USE BY LICENSEES OF THE ADOBE SOFTWARE DESCRIBED
HEREIN. INSTALLATION AND USE OF THE SOFTWARE IS SUBJECT TO A SEPARATE
WRITING DETAILING THE LICENSED UNITS AND OTHER DETAILS APPLICABLE TO
LICENSEE. LICENSEE AGREES THAT THIS AGREEMENT IS LIKE ANY WRITTEN
NEGOTIATED AGREEMENT SIGNED BY LICENSEE. BY CLICKING TO
ACKNOWLEDGE AGREEMENT TO BE BOUND DURING REVIEW OF AN
ELECTRONIC VERSION OF THIS LICENSE, OR DOWNLOADING, COPYING,
INSTALLING OR USING THE SOFTWARE, LICENSEE ACCEPTS ALL THE TERMS AND
CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT IS ENFORCEABLE
AGAINST ANY PERSON OR ENTITY THAT INSTALLS AND USES THE SOFTWARE
AND ANY PERSON OR ENTITY (E.G., SYSTEM INTEGRATOR, CONSULTANT OR
CONTRACTOR) THAT INSTALLS OR USES THE SOFTWARE ON ANOTHER PERSON'S
OR ENTITY'S BEHALF.
THIS AGREEMENT SHALL APPLY ONLY TO THE SOFTWARE TO WHICH LICENSEE
HAS OBTAINED A VALID LICENSE REGARDLESS OF WHETHER OTHER SOFTWARE
IS REFERRED TO OR DESCRIBED HEREIN.
LICENSEE'S RIGHTS UNDER THIS AGREEMENT MAY BE SUBJECT TO ADDITIONAL
TERMS AND CONDITIONS IN A SEPARATE WRITTEN AGREEMENT WITH ADOBE
THAT SUPPLEMENTS OR SUPERSEDES ALL OR PORTIONS OF THIS AGREEMENT.
1. Definitions
1.1 "Adobe" means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue,
San Jose, California 95110, if subsection 8(a) of this Agreement applies; otherwise it means
Adobe Systems Software Ireland Limited, Unit 3100, Lake Drive, City West Campus, Saggart
D24, Dublin, Republic of Ireland, a company organized under the laws of Ireland and an affiliate
and licensee of Adobe Systems Incorporated.
1.2 "Authorized Users" means employees and individual contractors (i.e., temporary
employees) of Licensee.
1.3 "Computer" means one or more central processing units ("CPU") in a hardware device
(including a Server) that accepts information in digital or similar form and manipulates it for a
specific result based on a sequence of instructions.
1.4 "Disaster Recovery Environment" means Licensee's technical environment designed solely
to allow Licensee to respond to an interruption in service due to an event beyond Licensee's
control that creates an inability on Licensee's part to provide critical business functions for a
material period of time.
1.5 "Documentation" means the user manuals and/or technical publications as applicable,
supplied in connection with validly licensed Software relating to the installation, use and
administration of the Software.
1.6 "Internal Network" means Licensee's private, proprietary network resource accessible only
by Authorized Users. "Internal Network" specifically excludes the Internet or any other network
community open to the public, including membership or subscription driven groups, associations
or similar organizations. Connection by secure links such as VPN or dial up to Licensee's
Internal Network for the purpose of allowing Authorized Users to use the Software is deemed
use over an Internal Network.
1.7 "License Key" means any license key, activation code, or similar installation, access or
usage control codes, including serial numbers and electronic certificates digitally signed by
Adobe, designed to provide access to licensed software applications.
1.8 "Per-Server” means a license metric under which the total number of Servers on which the
Software is installed may not exceed the licensed quantity of Servers.
1.9 "Production Software" means Software licensed for productive business use.
1.10 "Server" means a Computer designed or configured for access by multiple users through a
network. When a Computer contains more than one (1) CPU, each group of two (2) CPUs, and
any remaining unpaired CPU, will be deemed a Server.
1.11 "Software" means the object code version of the validly licensed Adobe Distiller Server
software including all Documentation and other materials provided by Adobe to Licensee under
this Agreement.
2. License. Subject to the terms and conditions of this Agreement, Adobe grants to Licensee a
perpetual (except as set forth in Section 13 ("Term and Termination")), non-exclusive license to
permit Authorized Users to install and use the Software delivered hereunder according to the
terms and conditions of this Agreement on Computers within Licensee's Internal Network, on the
licensed platforms and configurations, in the manner and for the purposes described in the
Documentation, as further set forth below.
2.1 Adobe Distiller Server Software. Adobe Distiller Server software is licensed as Production
Software on a Per-Server basis provided that Licensee’s use of the Software is limited as follows
based on whether Licensee has obtained a valid license to the “100 User” or “Unlimited User”
version as provided in a separate written document:
(a) 100 User Version. Licensee may permit no more than one hundred (100) Authorized Users
to access and use the Software on a non-concurrent basis on each Server on which validly
licensed Software is installed. Notwithstanding anything to the contrary in Section 2.7(d) of this
Agreement, Licensee is not permitted to distribute or otherwise make available the output
generated by the Software (i.e., an electronic file in the PDF format) directly to anyone other
than Authorized Users.
(b) Unlimited User Version. Licensee may permit any number of Authorized Users to access
and use the Software on each Server on which validly licensed Software is installed. Licensee is
also permitted to distribute or otherwise make available the output generated by the Software
(i.e., an electronic file in the PDF format) directly to persons other than Authorized Users solely
when such output is generated from source files originating within Licensee’s Internal Network
and such distribution or availability does not otherwise violate Section 2.7(d) of this Agreement.
2.2 Backup and Disaster Recovery. Licensee may make and install a reasonable number of
copies of the Software for backup and archival purposes and use such copies solely in the event
that the primary copy has failed or is destroyed, but in no event may Licensee use such copies
concurrently with Production Software. Licensee may also install copies of the Software in a
Disaster Recovery Environment for use solely in disaster recovery and not for production,
development, evaluation or testing purposes other than to ensure that the Software is capable of
replacing the primary usage of the Software in case of a disaster.
2.3 Documentation. Licensee may make and distribute copies of the Documentation for use by
Authorized Users in connection with use of the Software in accordance with this Agreement, but
no more than the amount reasonably necessary. Any permitted copy of the Documentation that
Licensee makes must contain the same copyright and other proprietary notices that appear on or
in the Documentation.
2.4 Outsourcing. Licensee may sub-license use of the Software to a third party outsourcing or
facilities management contractor to operate the Software on Licensee's behalf, provided that: (a)
Licensee provides Adobe with prior written notice; (b) Licensee is responsible for ensuring that
any such contractor agrees to abide by and fully complies with the terms of this Agreement as
they relate to the use of the Software on the same basis as applies to Licensee; (c) such use is
only in relation to Licensee's direct beneficial business purposes as restricted herein; (d) such use
does not represent or constitute an increase in the scope or number of licenses provided
hereunder; and (e) Licensee shall remain fully liable for any and all acts or omissions by the
contractor related to this Agreement.
2.5 Font Software. If the Software includes font software, then Licensee may: (a) use the font
software on Licensee's Computers in connection with Licensee's use of the Software as permitted
under this Agreement; (b) output such font software on any output devices connected to
Licensee's Computers; (c) convert and install the font software into another format for use in
other environments provided that the converted font software may not be distributed or
transferred for any purpose except in accordance with the transfer section in this Agreement; and
(d) embed copies of the font software into Licensee's electronic documents for the purpose of
printing and viewing the document, provided that if the font software Licensee is embedding is
identified as "licensed for editable embedding" on Adobe's website at
http://www.adobe.com/type/browser/legal/embeddingeula.html, Licensee may also embed copies
of that font software for the additional limited purpose of editing Licensee's electronic
documents. No other embedding rights are implied or permitted under this license.
2.6 Additional Software. Use of some third party materials and services included in or accessed
through the Software may be subject to other terms and conditions typically found in a separate
license agreement, terms of use or "Read Me" file located within or near such materials and
services or at http://www.adobe.com/products/eula/third_party/. Any licenses granted hereunder
do not alter any rights and obligations Licensee may have under the terms and conditions
governing such third party materials and services provided, however, that the disclaimer of
warranty and limitation of liability provisions in this Agreement will apply to all Software
provided hereunder.
2.7 Restrictions.
(a) No Modifications, No Reverse Engineering. Licensee shall not modify, port, adapt or
translate the Software. Licensee shall not reverse engineer, decompile, disassemble or otherwise
attempt to discover the source code of the Software. Notwithstanding the foregoing, decompiling
the Software is permitted to the extent the laws of Licensee's jurisdiction give Licensee the right
to do so to obtain information necessary to render the Software interoperable with other
software; provided, however, that Licensee must first request such information from Adobe and
Adobe may, in its discretion, either provide such information to Licensee or impose reasonable
conditions, including a reasonable fee, on such use of the source code to ensure that Adobe's and
its suppliers' proprietary rights in the source code for the Software are protected.
(b) No Unbundling. The Software may include various applications, utilities and components,
may support multiple platforms and languages or may be provided to Licensee on multiple media
or in multiple copies. Nonetheless, the Software is designed and provided to Licensee as a single
product to be used as a single product on Computers and platforms as permitted herein. Licensee
is not required to use all component parts of the Software, but Licensee shall not unbundle the
component parts of the Software for use on different Computers except as otherwise permitted
under this Agreement. Licensee shall not unbundle or repackage the Software for distribution,
transfer or other disposition.
(c) No Transfer. Except as may be explicitly provided in this Agreement, Licensee shall not (i)
sublicense, assign or transfer the Software, or Licensee's rights in the Software, to any third
party, or (ii) authorize any portion of the Software to be copied onto or accessed from another
individual's or entity's Computer.
(d) Prohibited Use. Except as expressly authorized under this Agreement, Licensee is prohibited
from: (i) using the Software on behalf of third parties (including use of the Software to generate
PDF files from electronic documents or content provided by third parties when Licensee also
distributes or makes available the generated PDF files to the same third parties except to the
extent such PDF files are a component of a broader service or product offering and not the sole
or primary value of such service or product offering); (ii) renting, leasing, lending or granting
other rights in the Software including rights on a membership or subscription basis; and (iii)
providing use of the Software in a computer service business, third party outsourcing facility or
service, service bureau arrangement, time sharing basis, or as part of a hosted service.
(e) Export Rules. Licensee agrees 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 an export controlled item under the Export Laws,
Licensee represents and warrants that Licensee is not a citizen of, or located within, an
embargoed or otherwise restricted nation (including Iran, Syria, Sudan, Cuba and North Korea)
and that Licensee is not otherwise prohibited under the Export Laws from receiving the
Software. All rights to install and use the Software are granted on condition that such rights are
forfeited if Licensee fails to comply with the terms of this Agreement.
2.8 Delivery. The Software may be delivered via electronic delivery or via tangible media (e.g.,
CD or DVD), and, if applicable, the Software may be supplied with a valid License Key.
3. Intellectual Property Rights. The Software and any copies that Licensee is authorized by
Adobe to make are the intellectual property of and are owned by Adobe Systems Incorporated
and its suppliers. The structure, organization and code of the Software are the valuable trade
secrets and confidential information of Adobe Systems Incorporated and its suppliers. The
Software is protected by copyright, including without limitation by United States Copyright Law,
international treaty provisions and applicable laws in the country in which it is being used.
Except as expressly stated herein, this Agreement does not grant Licensee any intellectual
property rights in the Software and all rights not expressly granted are reserved by Adobe.
4. Confidentiality. Licensee agrees that Licensee will treat the License Keys ("Confidential
Information") with the same degree of care to prevent unauthorized disclosure to anyone other
than Authorized Users as Licensee accords to Licensee's own confidential information, but in no
event less than reasonable care. Licensee's obligations under this Section 4 shall terminate when
Licensee can document that the License Keys were in the public domain at or subsequent to the
time they were communicated to Licensee by Adobe through no fault of Licensee's. Licensee
may also disclose the Confidential Information in response to a valid order by a court or other
governmental body, when otherwise required by law, or when necessary to establish the rights of
either party under this Agreement, provided Licensee gives Adobe advance written notice
thereof.
5. Updates. If the Software is an upgrade or update to a previous version of the Software,
Licensee must possess a valid license to such previous version in order to use such upgrade or
update. All upgrades and updates are provided to Licensee subject to the terms of this Agreement
on a license exchange basis. Licensee agrees that by using an upgrade or update Licensee
voluntarily terminates Licensee's right to use any previous version of the Software. As an
exception, Licensee may maintain installations of previous versions of the Software on
Licensee's Computers for a reasonable period of time (but not exceeding ninety (90) days) after
Licensee obtains the upgrade or update to assist Licensee in the transition to the upgrade or
update, provided that Licensee's right to such simultaneous installations does not constitute an
increase in the number of copies, licensed amounts or scope of use granted to Licensee
hereunder.
6.
WARRANTY.
6.1. Warranty. Except as may be otherwise provided in Section 12, Adobe warrants to Licensee
that the Software will perform substantially in accordance with the Documentation for the ninety
(90) day period following shipment of the Software when used on the recommended operating
system, platform and hardware configuration. Non-substantial variation of performance from the
Documentation does not establish a warranty right. THIS LIMITED WARRANTY DOES NOT
APPLY TO PATCHES, FONT SOFTWARE CONVERTED INTO OTHER FORMATS, OR
TO SOFTWARE THAT HAS BEEN ALTERED BY LICENSEE, TO THE EXTENT SUCH
ALTERATION CAUSED A DEFECT. All warranty claims must be made within such ninety
(90) day period. If the Software does not perform substantially as warranted above, the entire
liability of Adobe and its affiliates and Licensee's exclusive remedy shall be limited to either, at
Adobe's option, replacement of the Software or refund of the license fee paid to Adobe for the
Software whereupon the license to such software shall automatically terminate. THE LIMITED
WARRANTY SET FORTH IN THIS SECTION GIVES LICENSEE SPECIFIC LEGAL
RIGHTS. LICENSEE MAY HAVE ADDITIONAL RIGHTS WHICH VARY FROM
JURISDICTION TO JURISDICTION.
6.2 DISCLAIMER. THE FOREGOING LIMITED WARRANTY IS THE ONLY
WARRANTY MADE BY ADOBE AND ITS AFFILIATES AND STATES THE SOLE AND
EXCLUSIVE REMEDIES FOR ADOBE, ITS AFFILIATES OR SUPPLIERS' BREACH OF
WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND ANY
WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT THE SAME
CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO
LICENSEE IN LICENSEE'S JURISDICTION, ADOBE, AND ITS AFFILIATES AND
SUPPLIERS PROVIDE THE SOFTWARE AS-IS AND WITH ALL FAULTS AND
EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS,
REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE,
COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY MATTER,
INCLUDING BUT NOT LIMITED TO PERFORMANCE, SECURITY, NONINFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY,
QUIET ENJOYMENT, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR
PURPOSE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME
JURISDICTIONS. The provisions of Section 6.2 and Section 7 will survive the termination of
this agreement, howsoever caused, but this will not imply or create any continued right to use the
Software after termination of this Agreement.
7. LIMITATION OF LIABILITY. EXCEPT FOR THE EXCLUSIVE REMEDY SET FORTH
ABOVE AND AS OTHERWISE PROVIDED IN SECTION 12, IN NO EVENT WILL ADOBE
OR ITS AFFILIATES OR SUPPLIERS BE LIABLE TO LICENSEE FOR ANY LOSS,
DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL,
INDIRECT 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. THE FOREGOING LIMITATIONS AND
EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN
LICENSEE'S JURISDICTION. ADOBE'S AGGREGATE LIABILITY AND THAT OF ITS
AFFILIATES AND SUPPLIERS UNDER OR 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. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN
SOME STATES. Nothing contained in this Agreement limits Adobe's liability to Licensee 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. For further information, please see the jurisdiction specific information at the end
of this Agreement, if any, or contact Adobe's Customer Support Department.
8. Governing Law. This Agreement, each transaction entered into hereunder, and all matters
arising from or related to this Agreement (including its validity and interpretation), will be
governed and enforced by and construed in accordance with the substantive laws in force in: (a)
the State of California, if a license to the Software is purchased when Licensee is in the United
States, Canada, or Mexico; or (b) Japan, if a license to the Software is purchased when Licensee
is 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) England, if a
license to the Software is purchased when Licensee is 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 London,
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.
9. 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. Updates and upgrades may be licensed to Licensee by Adobe with
additional or different terms. The English version of this Agreement shall be the version used
when interpreting or construing this Agreement. This is the entire agreement between Adobe and
Licensee relating to the Software and it supersedes any prior representations, discussions,
undertakings, communications or advertising relating to the Software.
10. Notice to U.S. Government End Users.
10.1 Commercial Items. The Software and Documentation are "Commercial Item(s)," as that
term is defined at 48 C.F.R. Section 2.101, consisting of "Commercial Computer Software" and
"Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. Section
12.212 or 48 C.F.R. Section 227.7202, as applicable. Consistent with 48 C.F.R. Section 12.212
or 48 C.F.R. Sections 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer
Software and Commercial Computer Software Documentation are being licensed to U.S.
Government end users (a) only as Commercial Items and (b) with only those rights as are granted
to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved
under the copyright laws of the United States. Adobe Systems Incorporated, 345 Park Avenue,
San Jose, CA 95110-2704, USA.
10.2 U.S. Government Licensing of Adobe Technology. Licensee agrees that when licensing
Adobe Software for acquisition by the U.S. Government, or any contractor therefore, Licensee
will license consistent with the policies set forth in 48 C.F.R. Section 12.212 (for civilian
agencies) and 48 C.F.R. Sections 227-7202-1 and 227-7202-4 (for the Department of Defense).
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.
11. Compliance with Licenses. Adobe may, at its expense, and no more than once every twelve
(12) months, appoint an independent third party or Adobe's internal auditor to verify the usage
and number of copies and installations of the Software in use by Licensee. Any such verification
shall be conducted upon no less than seven (7) business days notice, during regular business
hours at Licensee's offices and shall not unreasonably interfere with Licensee's business
activities. Upon Licensee's request, Adobe (and its third-party auditors, in applicable) shall
execute a commercially reasonable non-disclosure agreement with Licensee before proceeding
with the verification. If such verification shows that Licensee is using a greater number of copies
or installations of the Software than that legitimately licensed, or is deploying or using the
Software in any way not permitted under this Agreement and which would require additional
license fees, Licensee shall pay the applicable fees for such additional usage rights or copies
within thirty (30) days of invoice date, with such underpaid fees being the license fees as per
Adobe's then-current, country specific, license fee list. If underpaid fees are in excess of five
percent (5%) of the value of the fees paid under this Agreement, then Licensee shall pay such
underpaid fees and Adobe's reasonable costs of conducting the verification. This Section shall
survive expiration or termination of this Agreement for a period of two (2) years.
12. Specific Provisions and Exceptions. This Section sets forth specific provisions related to
certain components of the Software as well as limited exceptions to the above terms and
conditions. To the extent that any provision in this Section is in conflict with any other term or
condition in this agreement, this Section will supersede such other term or condition.
12.1 Limited Warranty for Users Residing in Germany or Austria. If Licensee obtained the
Software in Germany or Austria, and Licensee usually resides in such country, then Section 6.1
does not apply; instead, Adobe warrants that the Software provides the functionalities set forth in
the Documentation (the "agreed upon functionalities") for the limited warranty period following
receipt of the Software when used on the recommended operating system, platform and hardware
configuration. As used in this Section, "limited warranty period" means one (1) year if Licensee
is a business user and two (2) years if Licensee is not a business user. Non-substantial variation
from the agreed upon functionalities will not and does not establish any warranty rights. THIS
LIMITED WARRANTY DOES NOT APPLY TO PATCHES, FONT SOFTWARE
CONVERTED INTO OTHER FORMATS, OR TO SOFTWARE THAT HAS BEEN
ALTERED BY LICENSEE, TO THE EXTENT SUCH ALTERATION CAUSED A DEFECT.
To make a warranty claim, during the limited warranty period Licensee must return, at Adobe's
expense, the Software and proof of purchase to the location where Licensee obtained it. If the
functionalities of the Software vary substantially from the agreed upon functionalities, Adobe is
entitled -- by way of re-performance and at its own discretion -- to repair or replace the Software.
If this fails, Licensee is entitled to a reduction of the purchase price (reduction) or to cancel the
purchase agreement (rescission). For further warranty information, please contact the Adobe
Customer Support Department.
12.2 Limitation of Liability for Users Residing in Germany and Austria.
(a) If Licensee obtained the Software in Germany or Austria, and Licensee usually resides in
such country, then Section 7 does not apply. Instead, subject to the provisions in Section 12.2(b),
Adobe and its affiliates' statutory liability for damages will be limited as follows: (i) Adobe and
its affiliates will be liable only up to the amount of damages as typically foreseeable at the time
of entering into the purchase agreement in respect of damages caused by a slightly negligent
breach of a material contractual obligation and (ii) Adobe and its affiliates will not be liable for
damages caused by a slightly negligent breach of a non-material contractual obligation.
(b) The aforesaid limitation of liability will 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.
(c) Licensee is required to take all reasonable measures to avoid and reduce damages, in
particular to make back-up copies of the Software and Licensee's computer data subject to the
provisions of this agreement.
13. Term and Termination. This Agreement shall remain in effect until any material breach of
this Agreement by Licensee occurs, upon which this Agreement shall automatically terminate.
Upon termination of this Agreement for any reason, Licensee shall discontinue use of the
Software and shall destroy the Software, Documentation and all copies thereto. Termination shall
not, however, relieve either party of obligations incurred prior to the termination. The following
Sections shall survive termination of this Agreement: 1 (Definitions), 3 (Intellectual Property
Rights), 4 (Confidentiality), 6.2 (Disclaimer), 7 (Limitation of Liability), 8 (Governing Law), 9
(General Provisions), 10 (Notice to U.S. Government End Users), 12 (Specific Provisions and
Exceptions), and 13 (Term and Termination).
14. Third-Party Beneficiary. Licensee acknowledges and agrees that Adobe's licensors (and/or
Adobe if Licensee obtained the Software from any party other than Adobe) are third party
beneficiaries of this Agreement, with the right to enforce the obligations set forth herein with
respect to the respective technology of such licensors and/or Adobe.
If Licensee has any questions regarding this agreement or if Licensee wishes to request any
information from Adobe please use the address and contact information included with this
product to contact the Adobe office serving Licensee's jurisdiction.
Adobe and Distiller are either registered trademarks or trademarks of Adobe Systems
Incorporated in the United States and/or other countries. All other trademarks are the property of
their respective owners.
Adobe_Dist_Server-en_US-20070830_1500
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