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Copyright Serial Realm, 2010-2015
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Copyright Serial Realm, 2010-2015
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PLEASE READ THIS AGREEMENT CAREFULLY. BY COPYING, INSTALLING, OR USING ALL OR ANY PORTION OF THIS SOFTWARE, YOU HEREINAFTER CUSTOMER ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE PROVISIONS ON LICENSE RESTRICTIONS IN SECTION 4, LIMITED WARRANTY IN SECTIONS 6 AND 7, LIMITATION OF LIABILITY IN SECTION 8, AND SPECIFIC PROVISIONS AND EXCEPTIONS IN SECTION 16. CUSTOMER AGREES THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY CUSTOMER. THIS AGREEMENT IS ENFORCEABLE AGAINST CUSTOMER. IF CUSTOMER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, CUSTOMER MAY NOT USE THE SOFTWARE.
Customer could possibly have another written agreement directly with Adobe, a volume license agreement that supplements or supersedes all or servings of this agreement. The Software is LICENSED, NOT SOLD, only relative to the relation to this agreement. Use of some Adobe and a few non-Adobe materials and services contained in or accessed from the Software might be subject to additional stipulations. Notices about non-Adobe materials can be purchased at /go/thirdparty.
The Software might cause Customer s Computer to AUTOMATICALLY CONNECT TO THE INTERNET. The Software can also require activation or registration. Additional information on activation, Internet connectivity, and privacy comes in Sections 14 and 16.
1.1 Adobe means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose, California 95110, if it agreement is put into while Customer is incorporated in the United States, Canada, or Mexico; otherwise, this means Adobe Systems Software Ireland Limited, 4 6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland.
1.2 Adobe Runtimes means Adobe AIR, Adobe Flash Player, Shockwave Player, or Authorware Player.
1.3 Compatible Computer means a Computer with all the recommended computer and hardware configuration as i have said in the Documentation.
1.4 Computer means a virtual or physical device that accepts information in digital or similar form and manipulates it for just a specific result based with a sequence of instructions, including without limitation a desktop, laptops, tablets, cellular devices, telecommunication devices, Internet-connected devices, and hardware products capable of operating numerous productivity, entertainment, and other software applications.
1.5 Customer means you and also any legal entity that obtained the Software and also on whose behalf it really is used; for instance, and since applicable, your employer.
1.6 Internal Network means an exclusive, proprietary network resource accessible only by employees and individual contractors, temporary employees of any specific corporation or similar business entity. Internal Network won't include parts of the Internet or another network community offered to the public, for instance membership or subscription driven groups, associations, and other organizations.
1.7 Output File means an output file Customer creates with all the Software.
1.8 Permitted Number means one 1 unless otherwise indicated beneath a valid license, volume license granted by Adobe.
1.9 Software means a all the information which this agreement is provided, including and not limited to: i all software files as well as other computer information; ii any proprietary scripting logic embedded within exported file formats or utilized in an Adobe Online Service; iii sample and stock photographs, images, sounds, clip art as well as other artistic works bundled with Adobe software or provided by Adobe on Adobe s website for use together with the Adobe software rather than obtained from Adobe via a separate service unless otherwise noted within that service or from another party Content Files ; iv related explanatory written materials and files Documentation ; and v fonts; and b any modified versions and copies of, and upgrades, updates, and inclusions in, such information, presented to Customer by Adobe any time, for the extent not provided under separate terms collectively, Updates.
2. Software License; Membership.
2.1 Software License. This Section 2.1 is applicable to Customers who may have purchased a license on the Software but have not got such a membership-based license or service like the Creative Cloud membership as described in Section 2.2.
2.1.1 License Grant. Subject to Customer s continuous compliance using this type of Agreement and payment from the applicable license fees, Adobe grants Customer a non-exclusive and limited license to setup and utilize the Software a inside territory or region where Customer obtains the Software from Adobe or Adobe s authorized reseller or as otherwise stated within the Documentation Territory, b in the term of those license License Term, c inside the scope with the License Type and also on the Permitted Number of Customer s Compatible Computers as specified inside the Documentation, and d in the manner consistent with the regards to this Agreement and applicable Documentation. Unless otherwise defined within this Agreement, inside applicable Documentation, or before purchase, License Term will be perpetual. Upon the expiration or termination on the License Term, some or every one of the Software may cease to function without prior notice. Upon expiration or termination with the License Term, Customer may well not use the Software unless Customer has renewed the license. The license granted herein is supplemented by specific provisions in Section 16 as related to your use of certain applicable products and components that may be contained in the Software including font software, Acrobat, After Effects, Adobe Presenter, Contribute, Flash Player, Flash Builder, Digital Publishing Suite, and Adobe Runtimes.
2.1.2.1 Non-Serialized Software. The Software, or servings of the Software, which are provided with no serial number over the License Term might only be installed and utilized on any quantity of Compatible Computers within an organizational deployment plan over the License Term for demonstration, evaluation, and training purposes only, simply if any Output Files or another materials produced through such use are widely-used only for internal, non-commercial, and non-production purposes. THE NON-SERIALIZED SOFTWARE IS PROVIDED ASР‘IS. ACCESS TO AND USE OF ANY OUTPUT FILES CREATED WITH SUCH NON-SERIALIZED SOFTWARE IS ENTIRELY AT CUSTOMER S OWN RISK.
2.1.2.2 Evaluation Software. The Software, or parts of the Software, which can be provided using a serial number designated for evaluation purposes or another similar designation for example Software or possibly a serial number supplied as EVAL within separate agreement Evaluation Software might be installed and utilized on Permitted Number of Compatible Computers in the License Term for demonstration, evaluation, and training purposes only, simply if any Output Files and other materials produced through such use are utilized only for internal, non-commercial, and non-production purposes. THE EVALUATION SOFTWARE IS PROVIDED AS IS. ACCESS TO AND USE OF ANY OUTPUT FILES CREATED WITH SUCH EVALUATION SOFTWARE IS ENTIRELY AT CUSTOMER S OWN RISK.
2.1.2.3 Subscription Edition. For the Software entirely on a subscription-basis Subscription Edition, Customer may install and utilize the Subscription Edition only about the Permitted Number of Compatible Computer throughout the License Term. Subject for the Permitted Number of Computers to the Subscription Edition, Adobe may allow Customer to setup and utilize the most recent prior version from the Subscription Edition along with the current version in the Subscription Edition for the same Computer throughout the License Term. Customer agrees that Adobe may customize the type of Software including specific components, versions, platforms, languages, etc. contained in the Subscription Edition anytime and shall stop liable to Customer whatsoever for such change. Ongoing usage of a Subscription Edition requires: a a recurring Internet link with activate, renew, and validate the license, b Adobe or its authorized reseller s receipt of recurring subscription payments, and c Customer s agreement to subscription terms along with other additional stipulations that can be purchased at /go/paymentterms or in the time purchase. If Adobe isn't going to receive the recurring subscription payment or cannot validate the license periodically, then your Software becomes inactive without additional notice until Adobe receives the payment or validates the license.
2.1.3 Portable or Home Computer Use. Subject to your restrictions set forth in Section 2. 1.4, the key user with the Computer on what the Software is installed under Section 2. 1 Primary User may put in a second copy in the Software with regards to exclusive use on the portable Computer or even a Computer located at her or his home, so long as the Software about the portable or home Computer just sits there at the same time because Software around the primary Computer.
2.1.4 Restrictions on Secondary Use by Volume Licensees. If the Software was obtained under an Adobe volume license program or agreement like Adobe Volume Licensing by any licensee aside from an educational volume licensee, next the second copy on the Software made under Section 2.1.3 is employed solely with the benefit and business of their volume licensee.
2.1.5 Dual Boot Platform. The Software is licensed to use on a specific computer platform. Customer must invest in a separate license to be used of the Software on each os platform. By way of example, if Customer desires to set up the Software on both the Mac OS and Windows operating-system platforms on the device that runs both those platforms, a dual boot machine, then Customer must first obtain two separate licenses for your Software. This is true even when two versions on the Software, each designed for just a different operating-system platform, are transported to Customer around the same media.
2.1.6 Distribution from the Server. As permitted through the Documentation, Customer may copy an image in the Software onto a Computer file server within Customer s Internal Network Server for your purpose of downloading and installing the Software onto Computers in the same Internal Network for usage only as permitted with this Section 2.
2.1.7.1 As permitted inside a separate purchasing document or Documentation and at the mercy of license restrictions stated with this Agreement, Customer may install the Software using a Server simply for the purpose of allowing an individual at a Computer inside the same Internal Network Network User to access and employ the Software. The Network User who has usage of such Software within the Server is called Server Software User. The total volume of Server Software Users not the concurrent amount of users would possibly not exceed the Permitted Number. By way of example, if Customer has purchased 10 licenses of Software Permitted Number is 10 and Customer elects to set up the Software on the Server, then Customer could only allow as much as 10 Server Software Users the access towards the Software despite the fact that Customer can have more than 10 Network Users or less than 10 concurrent users from the Software.
2.1.7.2 For clarification and without limitation, the foregoing isn't going to permit Customer to set up or access either directly or through commands, data, or instructions the Software: a from or even a Computer not portion of Customer s Internal Network; b for enabling web hosted workgroups or web hosted services available to the population; c by anybody or entity to utilize, download, copy, or otherwise not benefit on the functionality on the Software unless licensed for this by Adobe; d as being a component of any system, workflow or service accessible by in excess of the Permitted Number of users; or e for operations not initiated by a person user, automated server processing.
2.2 Membership. This Section 2.2 refers to Customers that have purchased a membership-based license or service including the Creative Cloud membership collectively, Membership.
2.2.1 Adobe Online Services Related for the Membership. Subject to Customer s continuous compliance on this Agreement and payment on the applicable membership fees, if any, Adobe grants Customer a non-exclusive, Territory-wide and limited to certainly access and employ the Software and related Adobe Online Service as further described in Section 16.4.1 as part from the Membership, at the mercy of the terms stated in this particular Agreement and also the Additional Terms of Use as being the term is determined in Section 14.1.3 below.
2.2.2 Software License Related to your Membership. Subject to Customer s continuous compliance using this type of Agreement and payment with the applicable membership fees, if any, Adobe grants Customer a non-exclusive and limited license to fit and utilize the Software: a inside Territory, b in the period which the Membership is current and active Membership Term and c in the manner consistent with the relation to its this Agreement and applicable Documentation. Upon the expiration or termination with the Membership Term, x some or all the Software may cease to work without prior notice and y Customer may well not use the Software unless Customer has renewed the membership. All terms related to your specific Software as i have said in this Agreement shall remain effective and then apply to Customer and its particular use of these Software.
2.2.3 Restrictions. Customer agrees on the following additional terms and restrictions related on the Membership: a Adobe may modify the type of Software like specific products, components, versions, platforms, languages, etc. a part of the Membership whenever you want and shall 't be liable to Customer whatsoever for such change; b Customer might be required to connect to your Internet and log in without notice during the Membership Term; c Software may automatically connect towards the Internet to substantiate Customer s Membership without notice without notice; and d Customer may well not enable or allow others to make use of the Software as Customer.
2.3 Content Files. Unless stated otherwise within the ReadР‘Me files, Documentation, or any other licenses associated with all the Content Files, Customer may also use, display, modify, reproduce, and distribute any with the Content Files. However, Customer may well not distribute the Content Files over a stand-alone basis, in circumstances the location where the Content Files constitute the principle value on the product being distributed, and Customer would possibly not claim any trademark rights from the Content Files or derivative works thereof. Nothing stated herein shall get a new ownership with the Software as mentioned in Section 3.
2.4 Sample Application Code. Customer may customize the source code type of those areas of the Software programs that happen to be expressly defined as sample code, sample application code, code snippets, ActionScript class files, or sample components each, Sample Application Code from the accompanying Documentation solely with the purposes of designing, developing, and testing websites and applications developed using Adobe software packages; provided, however, Customer is qualified for copy and distribute the Sample Application Code modified or unmodified only if each of the following conditions are met: a Customer distributes merely the compiled object code versions with the Sample Application Code featuring its application; b Customer doesn't include the Sample Application Code in a product or application suitable for website development; and c Customer isn't going to use the Adobe name, logos, icons, and other Adobe trademarks to showcase its application. Customer agrees to indemnify, hold harmless, and defend Adobe from and against any loss, damage, claims, or lawsuits, including attorney s fees, that arise or derive from the use or distribution of that application.
2.5 Programming Languages. The Software may include areas of the ExtendScript SDK and Pixel Bender SDK. Subject for the restrictions contained within this Section 2, Adobe grants to Customer a nonexclusive, nontransferable, royalty-free license to makes use of the items within the ExtendScript SDK and Pixel Bender SDK exclusively for the purpose of internal growth and development of application programs meant to function with Adobe products. Except as expressly provided with this Section 2.5, no parts of the ExtendScript SDK and the Pixel Bender SDK can be modified or distributed. Customer agrees to indemnify, hold harmless, and defend Adobe from and against any loss, damage, claims, or lawsuits, including attorney s fees, that arise or result of such distribution.
2.6 Documentation Copies. Customer might make copies from the Documentation for the own internal easy use in connection with use on the Software prior to this agreement, but no a lot more than the amount reasonably necessary.
3. Intellectual Property Ownership.
The Software and then any authorized copies that Customer makes will be the intellectual property of and therefore are owned by Adobe Systems Incorporated and it is suppliers. The structure, organization, and source code on the Software include the valuable trade secrets and confidential information of Adobe Systems Incorporated and its particular suppliers. The Software is protected for legal reasons, including although not limited towards the copyright laws from the United States and also other countries, by international treaty provisions. Except as expressly stated herein, this agreement will not grant Customer any intellectual property rights inside Software. All rights not expressly granted are reserved by Adobe as well as its suppliers.
4. Restrictions and Requirements.
4.1 Proprietary Notices. Any permitted copy from the Software including without limitation Documentation that Customer makes must include the same copyright as well as other proprietary notices that display on or from the Software.
4.2 Use Obligations. Customer agrees that it'll not utilize the Software in addition to as permitted with that agreement and that it's going to not makes use of the Software in a very manner inconsistent using its design or Documentation.
4.3 No Modifications. Except as expressly permitted in Sections 2 or 16, Customer may well not modify, port, adapt, or translate the Software.
4.4 No Reverse Engineering. Except as otherwise expressly permitted in Section 16.1, Customer will never reverse engineer, decompile, disassemble, or elsewhere attempt to uncover the source code from the Software.
4.5 No Unbundling. The Software occasionally includes various applications and components, may allow use of different Adobe Online Services, may support multiple platforms and languages, and might be provided to Customer on multiple media or perhaps in multiple copies. Nonetheless, the Software was created and made available to Customer being a single product being used as being a single product on Computers as permitted herein. Unless otherwise permitted inside the Documentation, Customer is just not required to set up all component parts in the Software, but Customer may well not unbundle the component parts on the Software to use on different Computers.
4.6.1 CUSTOMER WILL NOT RENT, LEASE, SELL, SUBLICENSE, ASSIGN, OR TRANSFER ITS RIGHTS IN THE SOFTWARE INCLUDING WITHOUT LIMITATION, SOFTWARE OBTAINED THROUGH A WEB DOWNLOAD, OR AUTHORIZE ANY PORTION OF THE SOFTWARE TO BE COPIED ONTO ANOTHER INDIVIDUAL OR LEGAL ENTITY S COMPUTER EXCEPT AS MAY BE EXPRESSLY PERMITTED HEREIN.
4.6.2 Except regarding Educational Software Products as defined in Section 16.3, Pre-release Software as defined in Section 16.2, Evaluation Software, not-for-resale copies on the Software, or Software obtained using an Adobe volume license program and further at the mercy of Section 4.6.3, Customer may permanently transfer its rights to utilize Software to a different individual or legal entity provided: a Customer also transfers i this agreement, ii the serial numbers, the Software affixed to media furnished by Adobe or its authorized distributor, and many types of other software or hardware bundled, packaged, or pre-installed while using Software, including all copies, Updates, and Prior Versions as defined in Section 5, below, and iii all copies of font software to such individual or entity; b Customer retains no Updates, Prior Versions, or copies, including backups and copies stored using a Computer; and c the receiving party accepts the stipulations of this agreement and then other conditions and terms under which Customer got a new valid license for the Software. Additional information on transferring volume licensed software programs are available at /go/volumepolicies.
4.6.3 If the Software requires recurring activation or registration and Adobe grants Customer s request to get exempted from your requirement of which recurring activation or registration, then in addition towards the restrictions set forth from the Activation Terms as defined in Section 14.3, then this right to permanently transfer mentioned previously in Section 4.6.2 shall terminate immediately upon the grant of which request.
4.7 No Service Bureau. Customer will never use or provde the Software on the service bureau basis. Section 16.6.3 gives a limited exception for font software only.
4.8 Adobe Runtime Restrictions. Customer will never use Adobe Runtimes on any non-PC device or with any embedded or device version of any main system. For the avoidance of doubt, through example only, Customer would possibly not use Adobe Runtimes on any a mobile device, set top box, handheld, phone, game console, TV, DVD player, media center apart from with Windows XP Media Center Edition and it is successors, electronic billboard or any other digital signage, Internet appliance or some other Internet-connected device, PDA, medical device, ATM, telematic device, gaming machine, home automation system, kiosk, handheld control device, or other consumer electronics device; b operator-based mobile, cable, satellite, or television system; or c other closed system device. Additional information on licensing Adobe Runtimes is at /go/licensing.
4.9 Territory. Customer shall only makes use of the Software and access the Adobe Online Services inside Territory and in a very manner consistent together with the activation policy described at /go/activation. Adobe may terminate the license granted herein or suspend the Membership or access on the Adobe Online Services if Adobe determines that Customer is definitely the Software or Adobe Online Services beyond your Territory.
If the Software is definitely an Update with a prior version of Adobe software the Prior Version, then Customer s using this Update is conditional upon its retention in the Prior Version. Therefore, if Customer validly transfers this Update pursuant to Section 4.6, the Customer must transfer the Prior Version in conjunction with it. If Customer wishes to utilize this Update in addition on the Prior Version, then Customer may do so around the same Computer what is the best it has installed and is applying the Prior Version. Any obligations that Adobe could possibly have to support Prior Versions over the License Term could end upon the availability of the Update. No other use from the Update is permitted. Additional Updates could be licensed to Customer by Adobe with additional or different terms.
Except as otherwise stated inside a separate agreement between Adobe along with a Software licensee, Adobe warrants on the individual or entity that first purchases a license to the Software to be used pursuant to the relation to this agreement that this Software will work substantially prior to the corresponding user manual to the Software with the shorter period of your the ninety 90-day period or b License Term following receipt on the Software Warranty Period when suited for the Compatible Computer. Non-substantial variation of performance through the user manual doesn't establish a warranty right. This limited warranty won't apply to your following, which are delivered AS-IS and without warranty from Adobe: i patches; ii font software; iii Pre-release Software, trial, starter, evaluation, product sampler, Evaluation Software, rather than-for-resale copies on the Software; iv websites, Adobe Online Services; and Third Party Online Services; v Certified Document Services see Section 16; and vi any software provided by Adobe free of charge via web download from an Adobe website. All warranty claims should be made, in conjunction with proof of purchase, towards the Adobe Customer Support Department within such Warranty Period. Additional information on warranty claims is sold at /go/support. The entire liability of Adobe and its particular affiliates linked to such warranty claim and Customer s sole and exclusive remedy under any warranty will be tied to either, at Adobe s option, support in the Software based for the warranty claim, replacement from the Software, or, if support or replacement is just not practicable at Adobe s determination, refund with the license fee Customer paid for your Software if any. THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES CUSTOMER SPECIFIC LEGAL RIGHTS. CUSTOMER MAY HAVE ADDITIONAL RIGHTS UNDER LAW WHICH MAY VARY FROM JURISDICTION TO JURISDICTION. ADOBE DOES NOT SEEK TO LIMIT CUSTOMER S WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. Please see Section 16 for jurisdiction-specific provisions or contact the Adobe Customer Support Department.
THE LIMITED WARRANTY IN SECTION 6 AND ANY STATUTORY WARRANTY AND REMEDY THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW ARE THE ONLY WARRANTIES AND EXCLUSIVE REMEDIES APPLICABLE TO THE SOFTWARE. OTHER THAN THOSE OFFERED AND STATUTORY WARRANTIES AND REMEDIES, ADOBE, ITS AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES DEFINED BELOW DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE AS TO ANY MATTER, INCLUDING BUT NOT LIMITED TO PERFORMANCE, SECURITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. OTHER THAN SUCH OFFERED AND STATUTORY WARRANTIES AND REMEDIES, THE SOFTWARE AND ACCESS TO ANY WEBSITES, ADOBE OR THIRD PARTY ONLINE SERVICES, AND CERTIFICATE AUTHORITY SERVICES ARE PROVIDED AS-IS AND WITH ALL FAULTS. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS. CUSTOMER MAY HAVE ADDITIONAL WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ADOBE DOES NOT SEEK TO LIMIT CUSTOMER S WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. The provisions of Sections 7 and Section 8 will survive the termination of the agreement, howsoever caused, but this won't imply or create any continued right to make use of the Software after termination in this agreement.
8. Limitation of Liability.
EXCEPT FOR THE EXCLUSIVE REMEDY OFFERED BY ADOBE ABOVE AND ANY REMEDIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW, ADOBE, ITS AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES WILL NOT BE LIABLE TO CUSTOMER 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. IN ANY EVENT, ADOBE S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES 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. Nothing contained on this agreement limits Adobe s liability to Customer inside the event of death or accidental injuries resulting from Adobe s negligence or with the tort of deceit fraud. Adobe is performing on behalf of that affiliates, suppliers, and Certificate Authorities for that purpose of disclaiming, excluding and limiting obligations, warranties, and liability, in no other respects and for not one other purpose.
THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN CUSTOMER S JURISDICTION. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME JURISDICTIONS. CUSTOMER MAY HAVE RIGHTS THAT CANNOT BE WAIVED UNDER CONSUMER PROTECTION AND OTHER LAWS. ADOBE DOES NOT SEEK TO LIMIT ITS WARRANTY OR REMEDIES TO ANY EXTENT NOT PERMITTED BY LAW. SEE SECTION 16 FOR JURISDICTION-SPECIFIC STATEMENTS.
Customer acknowledges that this Software is be subject to the Export Administration Regulations the EAR which Customer will comply using the EAR. Customer won't export or re-export the Software, directly or indirectly, to: a any countries that are at the mercy of export restrictions including, although not limited to, Cuba, Iran, North Korea, Sudan, and Syria, b any person whom Customer knows or has reason to learn will utilize them inside the design, development or manufacture of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems, or c any end user who's got been prohibited from participating from the export transactions by any federal agency from the government. In addition, Customer is answerable to complying with any nearby laws in Customer s jurisdiction which could impact its to import, export or make use of the Software. If Adobe has knowledge that the violation has occurred, Adobe might be prohibited from providing maintenance and support with the Software.
If Customer is often a consumer who uses the Software for under personal non-business purposes, then an agreement is going to be governed from the laws from the jurisdiction which Customer purchased the license to utilize the Software. If Customer is just not such a consumer, this agreement is going to be governed by and construed according to the substantive laws in force in: a the State of California, if your license towards the Software is obtained when Customer influences United States, Canada, or Mexico; b Japan, if your license for the Software is obtained when Customer is Japan; c Singapore, if your license for the Software is obtained when Customer is in the member state from the Association of Southeast Asian Nations, Mainland China, Hong Kong, Macau, Taiwan, and the Republic of Korea; or d England and Wales, when a license to your Software is obtained when Customer is in a 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, along with the competent courts of London, England, once the law of England and Wales applies, shall each have non-exclusive jurisdiction total disputes with this agreement. When Singapore law applies, any dispute arising out of or perhaps connection on this agreement, including any question regarding its existence, validity, or termination, will likely be referred to last but not least resolved by arbitration in Singapore according to the Arbitration Rules in the Singapore International Arbitration Centre SIAC with the time being in force, which rules are deemed being incorporated by reference into this. There will be one arbitrator, selected jointly because of the parties. If the arbitrator will not be selected within thirty 30 days on the written demand by the party to submit to arbitration, the Chairman from the SIAC shall have the selection. The language on the arbitration should be English. Notwithstanding any provision with this agreement, Adobe or Customer may request any judicial, administrative, and other authority to order any provisional or conservatory measure, including injunctive relief, specific performance, and other equitable relief, prior for the institution of legal or arbitration proceedings, or over the proceedings, with the preservation of the company's rights and interests or even enforce specific terms which are suitable for provisional remedies. This agreement will cease governed because of the following, use of which is hereby expressly excluded: x the conflict of law rules of the jurisdiction, y the United Nations Convention on Contracts for your International Sale of Goods, and z the Uniform Computer Information Transactions Act, as enacted in every jurisdiction.
If any portion of this agreement is located void and unenforceable, it will not modify the validity with the balance in this agreement, that will remain valid and enforceable in line with its terms. This agreement may be modified on paper, signed by an official officer of Adobe. The English version of the agreement will probably be the version used when interpreting or construing this agreement. This could be the entire agreement between Adobe and Customer relating towards the Software also it supersedes any prior representations, discussions, undertakings, communications, or advertising relating on the Software.
12. Notice to Government End Users.
12.1 Government Licensing of Adobe Technology. Customer agrees that after licensing Adobe Software for acquisition from the Government, or any contractor therefore, Customer will license consistent together with the policies set forth in 48 Section 12.212 for civilian agencies and 48 Sections 227.7202Р‘1 and 227.7202Р‘4 to the Department of Defense. For Government End Users, Adobe agrees to conform to all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 on the Vietnam Era Veterans Readjustment Assistance Act of 1974 38 USC 4212, and Section 503 with the Rehabilitation Act of 1973, as amended, and also the regulations at 41 CFR Parts 60Р‘1 through 60Р‘60, 60Р‘250, and 60Р‘741. The affirmative action clause and regulations contained from the preceding sentence will likely be incorporated by reference into this agreement.
12.2 Commercial Items. For Government End Users, Software is really a Commercial Items, as that term is scheduled at 48 Section 2.101, comprising Commercial Computer Software and Commercial Computer Software Documentation, therefore terms are utilized in 48 Section 12.212 or 48 Section 227.7202, as applicable. Consistent with 48 Section 12.212 or 48 Sections 227.7202Р‘1 through 227.7202Р‘4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to Government users a only as Commercial Items and b with the rights just like granted to everyone other customers pursuant to the fine print herein. Unpublished-rights reserved in the copyright laws with the United States.
13. Compliance with Licenses.
If Customer is often a business, company, or organization, Customer agrees that, together with any license compliance checking performed with the Software, Adobe or its authorized representative develop the right, no over once every twelve yr, upon seven 7 working days prior notice to Customer, to inspect Customer s records, systems, and facilities to substantiate that its utilization of any and many types of Adobe software or service was in conformity featuring its valid licenses from Adobe. For example, Adobe has the to certainly those of Customer s records necessary to determine whether installations with the Software are actually serialized, and Customer shall provide such records to Adobe promptly upon request by Adobe. Additionally, Customer shall provide Adobe wonderful records and knowledge requested by Adobe in order to make sure that that its usage of any and all sorts of Adobe software program is in conformity which consists of valid licenses from Adobe within thirty calendar month of Adobe s request. Additional information on serialization is offered at /go/elicensing.
14. Internet Connectivity and Privacy.
14.1 Automatic Connections on the Internet. The Software might result in Customer s Computer, anytime, to automatically connect to your Internet also to communicate having an Adobe website or Adobe domain for purposes like license validation and providing Customer with more details, features, or functionality. Unless otherwise per Sections 14.2 through 14.7, this provisions pertain to all automatic Internet connections from the Software:
14.1.1 Whenever the Software makes an Internet connection and communicates having an Adobe website, whether automatically or as a result of explicit user request, the Privacy Policy shall apply. Adobe Privacy Policy allows tracking of website visits and yes it addresses in more detail the topic of tracking and make use of of cookies, web beacons, and other alike devices.
14.1.2 Whenever the Software connects to Adobe over the Internet, certain Customer data is collected and transmitted from the Software to Adobe pursuant for the Adobe Online Privacy Policy at /go/privacy Privacy Policy.
14.1.3 If Customer accesses an Adobe Online Service as defined in Section 16.4 below or activates or registers the Software, then additional information for instance Customer s Adobe ID, user name, and password could be transmitted to and stored by Adobe pursuant on the Privacy Policy and additional comparison to its use relevant to such Adobe Online Service collectively with the relation to use as well as any applicable terms, the Additional Terms of Use.
14.1.4 As permitted by applicable law or as consented to by Customer, Adobe may a send Customer transactional messages to facilitate the Adobe Online Service or perhaps the activation or registration with the Software or Adobe Online Service, or b deliver in-product marketing to deliver information about the Software and also other Adobe products and Services using information including and not limited to platform version, version from the Software, license status, and language.
14.2 Updating. The Software could potentially cause Customer s Computer, without additional notice, to automatically connect for the Internet intermittently or using a regular basis into a check for Updates that are offered for download to and installation about the Computer and b notify Adobe with the results of installation attempts.
14.3 Activation. The Software may need Customer into a obtain an Adobe ID, b activate or reactivate the Software, c register the application, or d validate the Membership. Such requirement could cause Customer s Computer to connect for the Internet anytime on install, on launch, additionally, on a regular basis thereafter. Once connected, the Software will collect and transmit information to Adobe as further described at /go/activation Activation Terms. Software or Customer also can receive information from Adobe relevant to Customer s license, subscription, or Membership. Adobe are able to use such information to detect or prevent fraudulent or unauthorized use not as outlined by a valid license, subscription, or Membership. Failure to activate or register the Software, validate the subscription or Membership, or even a determination by Adobe of fraudulent or unauthorized use on the Software may result in reduced functionality, inoperability in the Software, or maybe a termination or suspension from the subscription or Membership.
14.4 Deactivation. Customer may deactivate and uninstall the Software from the Computer in order to put in and activate the Software on another Computer prior to this agreement Deactivation so when further described in /go/activation. Deactivation requires Internet connectivity.
14.5 Use of Online Services. The Software might result in Customer s Computer, without additional notice as well as on an intermittent or regular basis, to automatically connect for the Internet to facilitate Customer s usage of content and services which might be provided by Adobe or any other companies as further described in Section 16.4 Online Services. In addition, the Software may, without additional notice, automatically connect towards the Internet to update downloadable materials on the market online services so as to supply immediate option of these services regardless if Customer is offline.
14.6 Digital Certificates. The Software uses digital certificates as described in Section 16.5 to assist Customer identify downloaded files, applications and content and also the publishers of these files. For example, Adobe AIR uses digital certificates that can help Customer identify the publisher of Adobe AIR applications. The Adobe Acrobat group of products also uses digital certificates to sign and validate signatures within Portable Document Format PDF documents as well as validate certified PDF documents. Customer s Computer may connect for the Internet before validation of the digital certificate.
14.7 Settings Manager. The Software might include Flash Player. Flash Player may save certain user settings by storing them on Customer s Computer to be a local shared object. They are associated while using instance of Flash Player for the Computer, allowing Customer to customize runtime features. The Flash Player Settings Manager permits Customer to switch such settings, such as the ability to limit businesses from storing local shared objects or grant vacation content the right to reach the computer s microphone and camera. Additional information regarding how to configure settings rolling around in its version of Flash Player, including information concerning how to disable local shared objects with all the Flash Player Settings Manager, is offered at /go/settingsmanager. Additional information on local shared objects is sold at /go/flashplayersecurity.
15. Peer-to-Peer Communications.
The Software could use Customer s connection with a local area network, without additional notice, to automatically connect with other Adobe software and, in doing so, may indicate about the local area network that it can be available for communication to Adobe software. These connections may transmit the IP Address of Customer s connection to your local network.
16. Specific Provisions and Exceptions.
This section sets forth specific provisions in connection with certain products and components with the Software in addition to limited exceptions to your above stipulations. To the extent that any provision with this section was in conflict with another term or condition on this agreement, the terms stated in this particular section will supersede such other term or condition.
16.1 No Prejudice; European Economic Area Provisions; Australia Mandatory Notice.
16.1.1 This agreement will not likely prejudice the statutory rights of the party, including those dealing as consumers. For example, for consumers in New Zealand who have the Software kind of, domestic, or household use not business purposes, this agreement is be subject to the Consumer Guarantees Act.
16.1.2 If Customer obtained the Software from the European Economic Area EEA, Customer usually resides inside EEA and Customer is often a consumer that may be its use in the Software is for private, non-business related purposes, then Section 6 Limited Warranty isn't going to apply to Customer s purchase and use in the Software. Instead, Adobe warrants for any period of couple of years from purchase which the Software provides functionalities set forth from the applicable user manual the decided upon functionalities when officially used on the Compatible Computer. Non-substantial variation on the agreed upon functionalities won't establish any warranty rights. THIS WARRANTY DOES NOT APPLY TO SOFTWARE THAT CUSTOMER USES ON A PRE-RELEASE, TRYOUT, STARTER, OR PRODUCT SAMPLER BASIS, OR TO FONT SOFTWARE, OR TO THE EXTENT THE SOFTWARE FAILS TO PERFORM BECAUSE IT HAS BEEN ALTERED BY CUSTOMER. To make a warranty claim, Customer must notify the Adobe Customer Support Department within this 2 year period, providing details of evidence of purchase from the Software. Adobe will verify with Customer whether there is really a defect inside the Software or advise Customer which the error arises because Customer have not installed the Software correctly in which particular case, Adobe shall assist Customer. If there is often a defect within the Software, Customer may request from Adobe a refund or maybe a repaired or replacement copy in the Software. Requests should be accompanied by evidence purchase. In the event Customer s warranty data is substantiated, Adobe will get together Customer s get repaired or replacement Software, unless it really is not reasonable to Adobe to accomplish this, in that case Adobe will supply Customer that has a refund. For warranty assistance, please contact the Adobe Customer Support Department.
Please note that this provisions of Section 8 Limitation of Liability continue to affect any damages claims Customer makes in respect of the use on the Software. Nonetheless, Adobe will be liable for direct losses that happen to be reasonably foreseeable inside the event of any breach by Adobe on this agreement. Customer is required to take all reasonable measures to stop and reduce damages, for example by making back-up copies with the Software and its particular computer data.
This agreement, plus in particular this Section 16.1.2, is meant to describe Customer s rights including its statutory rights inside the event there has to be problems which consists of use on the Software. If Customer s statutory rights are over this description, its statutory rights shall apply.
16.1.3 Nothing a part of this agreement including Section 4.4 shall limit any non-waivable straight away to decompile the Software that Customer may enjoy under applicable law. For example, if Customer is located within the European Union EU, Customer might have the right upon certain conditions specified within the applicable law to decompile the Software if it's necessary to take action in order to achieve interoperability on the Software with another software package, and Customer has first asked Adobe in making to give you the information essential to achieve such operability and Adobe has not yet made such information available. In addition, such decompilation may possibly be performed by Customer or other people entitled to utilize a copy with the Software on Customer s behalf. Adobe has the to certainly impose reasonable conditions before providing such information. Any information given by Adobe or obtained by Customer, as permitted hereunder, might be used by Customer with the purpose described herein and might not be disclosed to any alternative party or utilized to create any software that may be substantially similar towards the expression from the Software or used for another act that infringes the copyright of Adobe or its licensors.
16.1.4 If Customer obtains the Software in Australia, then your following provision shall apply, notwithstanding anything stated for the contrary in this particular Agreement:
Our goods include guarantees that can not be excluded in the Australian Consumer Law. You are entitled to your replacement or refund for any major failure and then for compensation for any reasonably foreseeable loss or damage. You are also entitled to develop the goods repaired or replaced should the goods fail for being of acceptable quality plus the failure won't amount into a major failure. Our software products also come using a 90Р‘day limited warranty written by Adobe Systems Software Ireland Limited, through an office at 4Р‘6 Riverwalk, Citywest Business Campus, Dublin, Ireland, as set out within the Agreement. If your products don't provide the general functions described from the User Documentation inside the 90Р‘day period after delivery to your account, please call the Adobe Customer Support Department at 1800 614 863 with specifics of your product, serial number, and evidence purchase. You could be required to return the application product on the address we provide for you at the time, whereby such return are going to be at your own cost. The benefits under this warranty are besides other rights and remedies that you can have at law.
16.2 Pre-release Software Additional Terms. If the Software is pre-commercial release or beta software Pre-release Software, next the section applies. The Pre-release Software isn't going to represent final product from Adobe, and may even contain bugs, errors, as well as other problems that may cause system or some other failures and data loss. Adobe may never commercially release the Pre-release Software. If Customer received the Pre-release Software pursuant to your separate written agreement, for instance the Adobe Systems Incorporated License Agreement for Pre-release Software, then Customer s use in the Software is also governed by such agreement. Customer will promptly return or destroy all copies of Pre-release Software upon the previous of Adobe s request or upon Adobe s commercial release for these Software. CUSTOMER S USE OF PRE-RELEASE SOFTWARE IS AT ITS OWN RISK. SEE SECTIONS 6 AND 8 FOR LIMITED WARRANTY AND LIABILITY LIMITATIONS RELATED TO PRE-RELEASE SOFTWARE.
16.3 Educational Software Product. If the Software is Educational Software Product Software manufactured and distributed for usage only by Educational End Users, Customer isn't entitled to utilize the Software unless Customer qualify rolling around in its jurisdiction for an Educational End User. Please visit /go/edupurchasing to understand about eligibility. Please visit /go/store and look for that link for Buying Adobe Products Worldwide to locate an Adobe Authorized Academic Reseller.
16.4.1 Provided by Adobe. The Software facilitates Customer s usage of content as well as services which can be hosted on websites online maintained by Adobe or its affiliates Adobe Online Services. Examples of these Adobe Online Services might include, but are not limited by: Adobe BrowserLab, Adobe CS Review, Business Catalyst, Digital Publishing Suite, , Search for Help, and product Welcome Screens. In some cases an Adobe Online Service might appear to be a feature or extension inside the Software even though it truly is hosted with a website. Access with an Adobe Online Service may necessitate Customer to activate the Software, get an Adobe ID, consent to Additional Terms of Use, or require another fee in order to gain access to such Adobe Online Services. Adobe Online Services might cease available in all languages or even residents of the countries and Adobe may, anytime and for almost any reason, modify or discontinue the availability associated with a Adobe Online Service. Adobe also reserves the to certainly begin charging a fee for entry to or usage of an Adobe Online Service that has been previously sold at no charge. Section 14 states info regarding Internet connectivity and Customer s privacy. As stated in Section 14, if your Software accesses an Adobe Online Service, Customer s use of these Adobe Online Service is governed because of the Adobe Privacy Policy /go/privacy, because of the Terms of Use /go/terms, by any Additional Terms of Use that you will find presented to Customer during that time.
16.4.2 Provided by Third Parties. The Software may facilitate Customer s entry to websites maintained by organizations offering goods, information, software, and services Third Party Online Services. Examples of these Third Party Online Services might include, but are not limited by, the Kodak EasyShare Gallery service. Customer s access to and employ of any Third Party Online Services is governed because of the terms, conditions, disclaimers, and notices seen on such site or elsewhere associated with such Third Party Online Services. Adobe won't control, endorse, or accept responsibility for Third Party Online Services. Any dealings between Customer and then any third party in relationship with a Third Party Online Service, including such party s privacy policies and make use of of Customer s personal data, delivery of and payment for services and goods, and then any other terms, conditions, warranties, or representations linked to such dealings, are solely between Customer and such vacation. Third Party Online Services might cease available in all languages or even residents coming from all countries and Adobe may, anytime and for virtually any reason, modify or discontinue the availability of a typical Third Party Online Service.
16.4.3 EXCEPT AS EXPRESSLY AGREED BY ADOBE OR ITS AFFILIATES OR A THIRD PARTY IN A SEPARATE AGREEMENT, CUSTOMER S USE OF ADOBE ONLINE SERVICES AND THIRD PARTY ONLINE SERVICES IS AT ITS OWN RISK UNDER THE WARRANTY AND LIABILITY LIMITATIONS OF SECTIONS 7 AND 8.
16.5 Digital Certificates.
16.5.1 Use. Digital certificates are issued by alternative certificate authorities, including Adobe Certified Document Services CDS vendors listed at /go/partnerscds and Adobe Approved Trust List vendors AATL listed at /go/aatl collectively Certificate Authorities, or may be self-signed.
16.5.2 Terms and Conditions. Purchase, use, and need for digital certificates could be the responsibility of Customer along with a Certificate Authority. Before Customer depends on any certified document, digital signature, or Certificate Authority services, Customer should evaluate the applicable conditions under which the kind of Certificate Authority provides services, including, by way of example, any subscriber agreements, relying party agreements, certificate policies, and exercise statements. See the links on /go/partnerscds for information regarding Adobe s CDS vendors and /go/aatl for info on AATL vendors.
16.5.3 Acknowledgement. Customer agrees which a the Software, on account of configuration or external issues, might show a signature as valid despite the fact that a digital certificate could have been revoked or expired prior to your time of verification; b the safety or integrity of the digital certificate could possibly be compromised on account of an act or omission through the signer from the document, the applicable Certificate Authority, or another third party; and c a certificate could possibly be a self-signed certificate not furnished by a Certificate Authority. CUSTOMER IS SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE. UNLESS A SEPARATE WRITTEN WARRANTY IS PROVIDED TO CUSTOMER BY A CERTIFICATE AUTHORITY, CUSTOMERS USE OF DIGITAL CERTIFICATES IS AT ITS SOLE RISK.
16.5.4 Third-Party Beneficiaries. Customer agrees that any Certificate Authority that the Customer relies upon is usually a third-party beneficiary of the agreement and shall have the to enforce this agreement to use own name almost like it were Adobe.
16.5.5 Indemnity. Customer agrees to carry Adobe and then any applicable Certificate Authority except as expressly provided in its conditions and terms harmless from any and many types of liabilities, losses, actions, damages, or claims including all reasonable expenses, costs, and attorneys fees arising away from or concerning Customer s by using, or any attachment to, any service of these authority, including, without limitation: a reliance upon an expired or revoked certificate; b improper verification of an certificate, c use of your certificate apart from as permitted by any applicable stipulations, this agreement or applicable law; d failure to exercise reasonable judgment in the circumstances in counting on issuer services or certificates; or e failure to do any in the obligations as required in the conditions related on the services.
16.6 Font Software. If the Software includes font software:
16.6.1 Customer may utilize font software with all the Software on Computers as described in Section 2 and output the font software to the output devices attached to such Computers.
16.6.2 If the Permitted Number of Computers is five 5 or fewer, Customer may download the font software on the memory hard drive or RAM of just one output device associated with at least one of these Computers for that purpose of obtaining the font software remain resident such output device, and of just one more such output device for every single multiple of five represented from the Permitted Number of Computers.
16.6.3 Customer usually takes a copy in the fonts Customer has used to get a particular file to some commercial printer or another service bureau, and the like service bureau may utilize the fonts to process its file, provided such service bureau has a sound license to utilize that particular font software.
16.6.4 Customer may embed copies with the font software into its electronic documents with the purpose of printing, viewing, and editing the document. No other embedding rights are implied or permitted under this license.
16.6.5 As an exception for the above, the fonts listed at /go/restrictedfonts are included with all the Software simply for purposes of operation from the Software user interface instead of for inclusion within any Output Files. Such listed fonts are certainly not licensed under this Section 16.6. Customer agrees that it'll not copy, move, activate or use, or allow any font management tool copying, move, activate or use, such listed fonts in or with any software program, program, or file apart from the Software.
16.7 After Effects Render Engine. If the Software includes the whole version of Adobe After Effects, then Customer may install an unlimited volume of Render Engines on Computers within its Internal Network which includes a minimum of one Computer which the full version on the Adobe After Effects software program is installed. The term Render Engine means an installable portion in the Software which allows After Effects projects for being rendered but which cannot be accustomed to create or modify projects and isn't going to include the total After Effects program.
16.8 Acrobat Standard, Acrobat Pro, and Adobe Acrobat Suite Features. If the Software includes Acrobat Standard, Acrobat Pro, Acrobat Suite, or certain features inside above software, this Section 16.8 shall apply.
16.8.1 Additional Definitions.
16.8.1.1 Deploy ways to deliver you aren't make available, directly or indirectly, the slightest bit including although not limited to some network or Internet, an Extended Document to just one or more recipients.
16.8.1.2 Extended Document means a PDF file manipulated because of the Software to permit the capacity to locally save documents with filled-in PDF forms.
16.8.2 The Software can include enabling technology which allows Customer to permit PDF documents with certain features throughout the use of your digital credential located in the Software Key. Customer agrees not to gain access to, attempt to gain access to, control, disable, remove, use, or distribute the Key for almost any purpose.
16.8.3 For any unique Extended Document Customer may possibly either a Deploy such Extended Document with an unlimited amount of unique recipients, but Customer shall not extract information or result in the information to become extracted from over five hundred 500 unique instances of these Extended Document or any hardcopy representation of those Extended Document containing filled form fields; or b Deploy such Extended Document to no a lot more than five hundred 500 unique recipients without limits for the number of times Customer may extract information from such Extended Document returned to Customer filled-in by such recipients. Notwithstanding anything herein for the contrary, obtaining additional licenses make use of Acrobat Standard, Acrobat Pro, or Adobe Acrobat Suite shall not improve the foregoing limits that is certainly, the foregoing limits will be the aggregate total limits however many additional licenses to make use of Acrobat Standard, Acrobat Pro, or Adobe Acrobat Suite Customer can have obtained.
16.9 Flash Player Projectors and Runtime. Customer s rights to make use of any Flash player, projector, standalone player, plug-in, runtime, or ActiveX control offered to Customer included in or using the Software, maybe in an Output File will be governed by terms offered at /go/flashplayerusage. Unless and except as provided therein, Customer shall do not have rights make use of or distribute such software.
16.10 Contribute Publishing Services. Subject on the Contribute Publishing Services software user license agreement accompanying such software, Customer shall not connect to your Contribute Publishing Services software unless Customer has got such a license for connecting to such Contribute Publishing Services software for each individual who may hook up with such Contribute Publishing Services software; provided, however, that trial versions of Adobe Contribute software may install and connect towards the Contribute Publishing Services software prior to the Contribute Publishing Services software customer license agreement.
16.11 Adobe Presenter. If the Software includes Adobe Presenter and Customer installs or uses the Adobe Connect Add-in in connection while using use from the Software, Customer agrees that it's going to install and utilize such add-in only on the desktop Computer and never on any non-PC product, including, and not limited to, an online appliance, set top box, handheld, phone, or web pad device. Further, the portion with the Software that may be embedded in the presentation, information, or content created and generated with all the Software the Adobe Presenter Run-Time may possibly be used together with all the presentation, information, or content in which it really is embedded. Customer shall not use, and shall cause all licensees of these presentation, information, or content not to make use of, the Adobe Presenter Run-Time besides as embedded such presentation, information or content. In addition, Customer shall not use, and shall cause all licensees for these presentation, information, or content to never, modify, reverse engineer, or disassemble the Adobe Presenter Run-Time.
16.12 Flash Builder with LiveCycle Data Services LCDS Data Management Library. Adobe Flash Builder may add the library. Customer might use only to supply client-side data management capabilities in addition to being an output file within software Customer develops, be subject to the following: Customer may well not a use to allow associations or offline capabilities within software or b incorporate into any software that may be similar to Adobe LiveCycle Data Services or BlazeDS. If Customer want to do any from the foregoing, Customer will likely need to request a different license from Adobe.
16.13 Digital Publishing Suite. The following terms apply if Software includes certain components or features meant to work with or access Digital Publishing Suite, governed by the Additional Terms of Use for Digital Publishing Suite. DPS Desktop Tools means Folio Overlays Panel, Folio Builder Panel, Content Viewer for Desktop, and Digital Publishing Plug-in for InDesign. If the Software includes DPS Desktop Tool or any component thereof, then, except as otherwise provided in this particular Section 16 or perhaps the Additional Terms of Use, Customer may install and employ the DPS Desktop Tools solely with the purposes of any creating or producing the content built to be displayed from the Content Viewer Output, b evaluating and testing the Output, and c where available, accessing and while using the Adobe Digital Publishing Suite services pursuant for the Additional Terms of Use. Except as otherwise permitted herein, Customer might not exactly display, distribute, modify, or publicly perform the DPS Desktop Tools.
16.14 AVC DISTRIBUTION. The following notice refers to Software containing AVC import and export functionality: THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL NON-COMMERCIAL USE OF A CONSUMER TO a ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD AVC VIDEO AND/OR b DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL 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, SEE /go/mpegla.
16.15 MPEG-2 DISTRIBUTION. The following notice pertains to Software containing MPEGР‘2 import and export functionality: USE OF THIS PRODUCT OTHER THAN CONSUMER PERSONAL USE IN ANY MANNER THAT COMPLIES WITH THE MPEGР‘2 STANDARD FOR ENCODING VIDEO INFORMATION FOR PACKAGED MEDIA IS EXPRESSLY PROHIBITED WITHOUT A LICENSE UNDER APPLICABLE PATENTS IN THE MPEGР‘2 PATENT PORTFOLIO, WHICH LICENSE IS AVAILABLE FROM MPEG LA, 250 STEELE STREET, SUITE 300 DENVER, COLORADO 80206.
16.16 Apple. If the Software is downloaded from your Apple iTunes Application Store App, then Customer acknowledges and agrees on the following additional terms: a Apple doesn't have a liability for that App and its particular content; b Customer s use on the App is restricted to a non-transferable license to make use of the App on any iPhone, iPad or iPod Touch that Customer owns or controls as allowed through the Application Store Terms of Service; c Apple doesn't have any obligation whatsoever to furnish any maintenance and support services for your App; d towards the extent permitted by applicable law, Apple does not have any warranty obligation to your App and Adobe will probably be responsible for almost any claims, losses, liabilities, damages, costs, or expenses attributable to the failure to conform to your warranty set forth with this Agreement; e Apple isn't liable for virtually every claims relating for the App or Customer s possession and/or use with the App, including, and not limited to: i product liability claims; ii any claim which the App ceases to conform to your applicable legal requirement; and iii consumer protection claims; f Apple will not be liable for virtually every third-party claims the App infringes a 3rd party s intellectual property rights; and g Apple and its particular subsidiaries are 3rd party beneficiaries on this Agreement with respect to the such App, knowning that Apple may have the to enforce the Agreement against Customer to be a third party beneficiary.
If you could have any questions regarding this agreement or if you intend to request any information from Adobe, please utilize the address and call information included with this particular product get in touch with the Adobe office serving your jurisdiction.
The name of the Software, Adobe, Acrobat, Adobe Connect, AIR, After Effects, Authorware, Business Catalyst, Contribute, Creative Suite, Digital Publishing Suite, Flash, Flash Builder, LiveCycle, Pixel Bender, Presenter, Shockwave, and many types of related titles and logos are generally registered trademarks or trademarks of Adobe Systems Incorporated from the United States and/or another countries. All other trademarks will be the property of their respective owners.
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