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Accenture and Adobe Expand Alliance to Advance Digital Transformation for Life Science, Healthcare, and Financial Services Organizations
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All the knowhow you must create, collaborate, and remain in sync.
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Cinematic visual effects and motion graphics.
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Vector graphics and illustration.
Websites, app design, and coding.
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Page design, layout, and publishing.
Digital photo processing and editing.
All your photos. Always amazing. With you wherever that you are.
Wouldnt it be possible great should you could get the many functionality of Adobe Captivate with no hefty 700 sale price? Well, so you almost can with this particular free option to Adobe Captivate for e-Learning development.
If you might be strapped for cash, or maybe need to function a quick demonstration by incorporating Captivate-like type features, then ActivePresenter might help. Depending on your requirements this free tool allows you to record your screen within a eerily similar interface as Adobe Captivate. You can even add custom on-site visit buttons detailing various steps and/or another information.
ActivePresenters free edition is restricted, by far the most limiting feature in my experience is the inability to export to flash. But hey, it could possibly make some solid MP4 videos and also other formats, also it even is SCORM 1.2/2004 compatible, so you cannot assume all is lost. Oh, and in case you decide you prefer it just up to Adobe Captivate, the purchase price point is much easier on your wallet for a lot of of the same features you can compare the several features and produce an educated decision.
Personally, in the event you need Adobe Captivate, I would recommend just buying that program. The main reason: the support system. That is well worth the extra cost alone. I dont think youre gonna find a lot of active forums for ActivePresenter in the near future. But with the free edition, its quite a solid price.
One very last thing: If you merely have Adobe Captivate to get a limited time, invariably you could download the 30 day risk free. The risk free has the same functionality since the purchased version you may also publish!
Justin Ferriman could be the co-founder and CEO of LearnDash, one of the most trusted WordPress LMS for major universities, ce providers, and entrepreneurs world-wide. Justin has created a career being an elearning consultant where he has implemented large-scale training programs for Fortune 500 companies.
Trying to find a complimentary comparable to Storyline, Lectora, and Flash too. Any ideas??
I ve had great results using Wink. It is sold at the website below. It s free and allows that you capture screens through either a trigger Prt Scrn or timed in order to make a movie. Once the various screens are captures you can contribute annotations, on-site visit screens, embed images etc. It is extremely powerful for a complimentary software. There is another portable edition that runs off a USB key.
If you've got any questions please you can contact me.
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Wouldnt it be possible great when you could get each of the functionality of Adobe Captivate devoid of the hefty 700 price? Well, you now almost can on this free option to Adobe Captivate for e-Learning development.
If you're strapped for cash, or just need to do a quick demonstration by Captivate - like type features, then ActivePresenter can assist. Depending on your family needs this free tool permits you to record your screen within a eerily similar interface as Adobe Captivate. You can even add custom on-site visit buttons detailing different steps and/or any information.
ActivePresenters free edition is fixed, probably the most limiting feature for me is the inability to export to flash. But hey, it might make some solid MP4 videos along with formats, also it even is SCORM 1.2/2004 compatible, so not every is lost. Oh, and in the event you decide that suits you it just around Adobe Captivate, the purchase price point is much easier on your wallet for a lot of of the same features go ahead and compare various features and earn an educated decision.
Personally, in the event you need Adobe Captivate, I would recommend just buying that program. The main reason: the support system. That is really worth extra cost alone. I dont think youre about to find a lot of active forums for ActivePresenter in the near future. But for your free edition, its a reasonably solid price.
One very last thing: If you really need Adobe Captivate for any limited time, you can always download the 30 day trial offer. The free trial version has the same functionality because purchased version you may also publish!
Justin Ferriman may be the co-founder and CEO of LearnDash, by far the most trusted WordPress LMS for major universities, training providers, and entrepreneurs world-wide. Justin makes a career for an elearning consultant where he has implemented large-scale training programs for Fortune 500 companies.
Trying to find a complimentary comparable to Storyline, Lectora, and Flash too. Any ideas??
I ve had great results using Wink. It is at the website below. It s free and allows you to definitely capture screens most likely through a trigger Prt Scrn or timed so that you can make a movie. Once the various screens are captures you can include annotations, on-site visit screens, embed images etc. It is extremely powerful for a no cost software. There is additionally a portable edition that runs off a USB key.
If you might have any questions please go ahead and contact me.
Sign-Up for getting the best elearning content delivered to your email spam- free.
LearnDash Copyright 2012-2015. All rights reserved.
Create e-learning and authoring projects, attract learners and supercharge your productivity with templates and collaboration workflows
Adobe Captivate is undoubtedly an authoring tool developed to create and gaze after e-learning projects, including courses, software demonstrations and simulations, along with presentations and quizzes.
It obtained as a simple screen recording application called Flashcam in older days, which gradually evolved into a specialist designer for interactive content. Creating e-learning presentations is not hard and doesn't require advanced computer knowledge, to be able to deliver a streamlined and enjoyable experience with the learner.
The user-friendly interface provides for personalized workspaces, whilst the menus hold by far the most of it s features, remaining however, simple to navigate through.
Courses and demonstrations could be started yourself, but there s another possibility to import PowerPoint slides, together with animation, objects besides other types of multimedia.
Interactivity could be achieved through the automatic screen capture and also the multimode recording options, but YouTube videos, quizzes and games will also be integrated inside projects.
In order to draw in learners, you can create us in the generous template and themes collection which include a wide array of layouts, fonts, styles and backgrounds. Also, themes are customizable, to get a more personalized look.
Moreover, content may be better organized through multilevel table of contents, helping to make the presentations much easier to browse. Subsequently, the Aggregator feature combines multiple modules to a single course, as a way to gain consistency.
E-learning projects, regardless of whether in progress maybe in their final state, may be published online on cloud and become made accessible from virtually anywhere, via personal computers, notebooks, smartphone's, tablets and in many cases iOS devices.
On an ending note, Adobe Captivate is a brilliant e-learning assistant, because of so many options for recording, streamlining and publishing content it stands very little competition on today s software market.
1 GHz or faster processor Intel Pentium 4, Intel Centrino, Intel Xeon, or Intel Core Duo or compatible processor
3GB of obtainable hard-disk space for installation; additional free space required during installation cannot install on flash-based storage devices
New in Adobe Captivate 9.0.0.223:
Use the Captivate Draft app for iPad to quickly create content on the run. Create storyboards whenever inspiration strikes you, after which export it to your Cloud, to operate on it later. You can also send your draft projects to reviewers and collaborators
Last updated on August 27th, 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.
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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 can be purchased 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 created while Customer is with the United States, Canada, or Mexico; otherwise, this would mean Adobe Systems Software Ireland Limited, 4 6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland.
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1.5 Customer means you together with any legal entity that obtained the Software and also on whose behalf it's used; for instance, in addition to being applicable, your employer.
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1.7 Output File means an output file Customer creates while using Software.
1.8 Permitted Number means one 1 unless otherwise indicated within a valid license, volume license granted by Adobe.
1.9 Software means a the many information which this agreement is provided, including and not limited to: i all software files along with other computer information; ii any proprietary scripting logic embedded within exported file formats or found 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 offered by Adobe on Adobe s website for use while using Adobe software instead of obtained from Adobe by way of 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 addendums to, such information, given to Customer by Adobe whenever you want, for the extent not provided under separate terms collectively, Updates.
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2.1 Software License. This Section 2.1 pertains to Customers who may have purchased a license towards the Software but have not got such a membership-based license or service such as being the Creative Cloud membership as described in Section 2.2.
2.1.1 License Grant. Subject to Customer s continuous compliance with this particular Agreement and payment from the applicable license fees, Adobe grants Customer a non-exclusive and limited license to set up and utilize the Software a from the territory or region where Customer obtains the Software from Adobe or Adobe s authorized reseller or as otherwise stated inside Documentation Territory, b in the term for these license License Term, c in the scope on the License Type additionally, on the Permitted Number of Customer s Compatible Computers as specified from the Documentation, and d within a manner consistent with the relation to this Agreement and applicable Documentation. Unless otherwise defined with this Agreement, within the applicable Documentation, or during purchase, License Term should be perpetual. Upon the expiration or termination on the License Term, some or each of the Software may cease to use without prior notice. Upon expiration or termination in the License Term, Customer might not exactly use the Software unless Customer has renewed the license. The license granted herein is supplemented by specific provisions in Section 16 as related on the use of certain applicable products and components that may be built into the Software like 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 portions with the Software, which might be provided with no serial number in the License Term might only be installed and suited for any quantity of Compatible Computers within an organizational deployment plan through the License Term for demonstration, evaluation, and training purposes only, in support of if any Output Files or some other materials produced through such use are employed 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 portions in the Software, which might be provided that has a serial number designated for evaluation purposes or some other similar designation like Software or possibly a serial number supplied as EVAL with a separate agreement Evaluation Software may possibly be installed and utilized on Permitted Number of Compatible Computers through the License Term for demonstration, evaluation, and training purposes only, simply if any Output Files or any other materials produced through such use are being used 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 situated on a subscription-basis Subscription Edition, Customer may install and make use of the Subscription Edition only around the Permitted Number of Compatible Computer in the License Term. Subject on the Permitted Number of Computers for your Subscription Edition, Adobe may allow Customer to setup and use essentially the most recent prior version from the Subscription Edition and also the current version from the Subscription Edition about the same Computer throughout the License Term. Customer agrees that Adobe may modify the type of Software for example specific components, versions, platforms, languages, etc. incorporated into the Subscription Edition whenever you want and shall cease 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 additional conditions that are offered at /go/paymentterms or in the time purchase. If Adobe doesn't receive the recurring subscription payment or cannot validate the license periodically, then your Software can become 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 in the Computer what is the best the Software is installed under Section 2. 1 Primary User may buy a second copy on the Software with regard to their exclusive use on whether portable Computer or even a Computer located at their own home, given that the Software for the portable or home Computer just sits there at the same time because the Software within 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, then this second copy with the Software made under Section 2.1.3 should be used solely to the benefit and business of the volume licensee.
2.1.5 Dual Boot Platform. The Software is licensed for usage on a specific main system platform. Customer must get a separate license for use from the Software on each main system platform. By way of example, if Customer desires to fit the Software on both the Mac OS and Windows computer platforms over a device that runs each of those platforms, a dual boot machine, then Customer must first obtain two separate licenses for your Software. This is true regardless of whether two versions with the Software, each designed for the different os platform, are shipped to Customer around the same media.
2.1.6 Distribution from the Server. As permitted from the Documentation, Customer may copy an image from the Software onto a Computer file server within Customer s Internal Network Server with the purpose of downloading and installing the Software onto Computers in the same Internal Network in order to use only as permitted at this Section 2.
2.1.7.1 As permitted inside a separate purchasing document or Documentation and be subject to license restrictions stated within this Agreement, Customer may install the Software on the Server only for your purpose of allowing an individual from your Computer inside the same Internal Network Network User to access and utilize the Software. The Network User who has entry to such Software about the Server is known as Server Software User. The total amount of Server Software Users not the concurrent volume of users may well 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 setup the Software over a Server, then Customer can just allow as much as 10 Server Software Users the use of the Software though Customer might have more than 10 Network Users or less than 10 concurrent users in the Software.
2.1.7.2 For clarification and without limitation, the foregoing won't permit Customer to setup or access either directly or through commands, data, or instructions the Software: a from or even a Computer not section of Customer s Internal Network; b for enabling web hosted workgroups or web hosted services available on the public; c by anyone or entity to utilize, download, copy, or elsewhere benefit through the functionality on the Software unless licensed to accomplish this by Adobe; d as being a component of an system, workflow or service accessible by over the Permitted Number of users; or e for operations not initiated by anyone user, automated server processing.
2.2 Membership. This Section 2.2 refers to Customers with purchased a membership-based license or service such because the Creative Cloud membership collectively, Membership.
2.2.1 Adobe Online Services Related on the Membership. Subject to Customer s continuous compliance with this particular Agreement and payment on the applicable membership fees, if any, Adobe grants Customer a non-exclusive, Territory-wide and limited to access and rehearse the Software and related Adobe Online Service as further described in Section 16.4.1 as part in the Membership, governed by the terms stated on this Agreement and also the Additional Terms of Use because the term is scheduled in Section 14.1.3 below.
2.2.2 Software License Related to your Membership. Subject to Customer s continuous compliance with this particular Agreement and payment on the applicable membership fees, if any, Adobe grants Customer a non-exclusive and limited license to fit and makes use of the Software: a inside Territory, b in the period how the Membership is current and active Membership Term and c inside a manner consistent with the relation to its this Agreement and applicable Documentation. Upon the expiration or termination in the Membership Term, x some or every one of the Software may cease to work without prior notice and y Customer would possibly not use the Software unless Customer has renewed the membership. All terms related on the specific Software as mentioned in this Agreement shall remain effective and attempt to apply to Customer and it is use of which Software.
2.2.3 Restrictions. Customer agrees towards the following additional terms and restrictions related on the Membership: a Adobe may alter the type of Software like specific products, components, versions, platforms, languages, etc. a part of the Membership anytime and shall stop liable to Customer whatsoever for such change; b Customer could be required to connect to your Internet and log in whenever you want during the Membership Term; c Software may automatically connect for the Internet to ensure Customer s Membership without notice any time; and d Customer might not enable or allow others to make use of the Software as Customer.
2.3 Content Files. Unless stated otherwise from the ReadР‘Me files, Documentation, or some other licenses associated using the Content Files, Customer may also use, display, modify, reproduce, and distribute one of the Content Files. However, Customer might not distribute the Content Files over a stand-alone basis, in circumstances where the Content Files constitute the principal value with the product being distributed, and Customer might not claim any trademark rights inside 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 get a new source code type of those portions with the Software programs which can be expressly recognized as sample code, sample application code, code snippets, ActionScript class files, or sample components each, Sample Application Code within the accompanying Documentation solely to the purposes of designing, developing, and testing websites and applications developed using Adobe applications; provided, however, Customer is allowed to copy and distribute the Sample Application Code modified or unmodified only if the many following conditions are met: a Customer distributes just the compiled object code versions from the Sample Application Code which consists of application; b Customer doesn't include the Sample Application Code in different product or application made for website development; and c Customer won't use the Adobe name, logos, icons, or another Adobe trademarks to advertise 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 result of the use or distribution of the company's application.
2.5 Programming Languages. The Software can include portions from the ExtendScript SDK and Pixel Bender SDK. Subject for the restrictions contained with this Section 2, Adobe grants to Customer a nonexclusive, nontransferable, royalty-free license to makes use of the items inside the ExtendScript SDK and Pixel Bender SDK only to the purpose of internal progression of application programs built to function with Adobe products. Except as expressly provided on this Section 2.5, no portions with the ExtendScript SDK and the Pixel Bender SDK could possibly 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 will make copies in the Documentation due to the own internal easy use in connection with use from the Software in accordance with this particular agreement, but no greater than the amount reasonably necessary.
3. Intellectual Property Ownership.
The Software as well as any authorized copies that Customer makes are definitely the intellectual property of and they are owned by Adobe Systems Incorporated as well as its suppliers. The structure, organization, and source code in the Software would be the valuable trade secrets and confidential information of Adobe Systems Incorporated and it is suppliers. The Software is protected lawfully, including however, not limited for the copyright laws on the United States as well as other countries, and also by international treaty provisions. Except as expressly stated herein, this agreement will not grant Customer any intellectual property rights from the Software. All rights not expressly granted are reserved by Adobe and it is suppliers.
4. Restrictions and Requirements.
4.1 Proprietary Notices. Any permitted copy on the Software including without limitation Documentation that Customer makes must support the same copyright and also other proprietary notices that appear on or perhaps in the Software.
4.2 Use Obligations. Customer agrees it will not makes use of the Software besides as permitted at this agreement and which it will not make use of the Software inside a manner inconsistent having its design or Documentation.
4.3 No Modifications. Except as expressly permitted in Sections 2 or 16, Customer might not exactly modify, port, adapt, or translate the Software.
4.4 No Reverse Engineering. Except as otherwise expressly permitted in Section 16.1, Customer won't reverse engineer, decompile, disassemble, or otherwise not attempt to uncover the source code on the Software.
4.5 No Unbundling. The Software might include various applications and components, may allow usage of different Adobe Online Services, may support multiple platforms and languages, and might be provided to Customer on multiple media maybe in multiple copies. Nonetheless, the Software is created and presented to Customer being a single product to get used being a single product on Computers as permitted herein. Unless otherwise permitted within the Documentation, Customer will not be required to setup all component parts with the Software, but Customer might not unbundle the component parts in 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 intended for Educational Software Products as defined in Section 16.3, Pre-release Software as defined in Section 16.2, Evaluation Software, not-for-resale copies in the Software, or Software obtained via an Adobe volume license program and further at the mercy of Section 4.6.3, Customer may permanently transfer its rights to utilize the Software to an alternative individual or legal entity given that: 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 with all the 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 fine print of this agreement and every other terms and conditions to which Customer got such a valid license on the Software. Additional information on transferring volume licensed software is sold at /go/volumepolicies.
4.6.3 If the Software requires recurring activation or registration and Adobe grants Customer s request to become exempted on the requirement of those recurring activation or registration, then in addition for the restrictions set forth from the Activation Terms as defined in Section 14.3, then your 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 not likely use or provde the Software over a service bureau basis. Section 16.6.3 offers 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 computer. 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 its particular successors, electronic billboard or some other digital signage, Internet appliance or some other Internet-connected device, PDA, medical device, ATM, telematic device, gaming machine, home automation system, kiosk, handy remote control device, or any 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 sold at /go/licensing.
4.9 Territory. Customer shall only utilize Software and access the Adobe Online Services within the Territory and in the manner consistent while using activation policy described at /go/activation. Adobe may terminate the license granted herein or suspend the Membership or usage of the Adobe Online Services if Adobe determines that Customer is definitely the Software or Adobe Online Services away from Territory.
If the Software is definitely an Update to some prior version of Adobe software the Prior Version, then Customer s by using this Update is conditional upon its retention on the Prior Version. Therefore, if Customer validly transfers this Update pursuant to Section 4.6, the Customer must transfer the Prior Version together with it. If Customer wishes to work with this Update in addition on the Prior Version, then Customer may possibly do so within the same Computer where it has installed and is applying the Prior Version. Any obligations that Adobe could have to support Prior Versions in the License Term could finish upon the availability of the Update. No other use with the Update is permitted. Additional Updates could possibly be licensed to Customer by Adobe with additional or different terms.
Except as otherwise stated in a very separate agreement between Adobe plus a Software licensee, Adobe warrants to your individual or entity that first purchases a license for that Software for usage pursuant to your terms in this agreement which the Software will work substantially according to the corresponding user manual for that Software for that shorter period of an the ninety 90-day period or b License Term following receipt on the Software Warranty Period when officially used on the Compatible Computer. Non-substantial variation of performance from your user manual isn't going to establish a warranty right. This limited warranty will not apply for the 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, but not-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 totally free via web download from an Adobe website. All warranty claims have to be made, as well as proof of purchase, on the Adobe Customer Support Department within such Warranty Period. Additional information on warranty claims is offered at /go/support. The entire liability of Adobe and its particular affiliates relevant to such warranty claim and Customer s sole and exclusive remedy under any warranty will be limited by either, at Adobe s option, support in the Software based for the warranty claim, replacement from the Software, or, if support or replacement will not be practicable at Adobe s determination, refund on the license fee Customer paid for that 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 with this 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 in this particular agreement limits Adobe s liability to Customer inside the event of death or compensation for injuries resulting from Adobe s negligence or for that tort of deceit fraud. Adobe is functioning on behalf of that affiliates, suppliers, and Certificate Authorities for that purpose of disclaiming, excluding and limiting obligations, warranties, and liability, but also 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 which the Software is governed by the Export Administration Regulations the EAR which Customer will comply while using EAR. Customer will never export or re-export the Software, directly or indirectly, to: a any countries that are be subject to export restrictions including, yet not limited to, Cuba, Iran, North Korea, Sudan, and Syria, b any person whom Customer knows or has reason to recognise 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 with the government. In addition, Customer is answerable to complying with your regional laws in Customer s jurisdiction which could impact its directly to import, export or make use of the Software. If Adobe has knowledge that your violation has occurred, Adobe could be prohibited from providing maintenance and support to the Software.
If Customer can be a consumer who uses the Software for less than personal non-business purposes, than the agreement are going to be governed from the laws in the jurisdiction which Customer purchased the license to utilize Software. If Customer just isn't such a consumer, this agreement are going to be governed by and construed prior to the substantive laws in force in: a the State of California, if the license towards the Software is obtained when Customer is incorporated in the United States, Canada, or Mexico; b Japan, in case a license on the Software is obtained when Customer is within Japan; c Singapore, in case a license towards the Software is obtained when Customer is inside a member state on the Association of Southeast Asian Nations, Mainland China, Hong Kong, Macau, Taiwan, or perhaps the Republic of Korea; or d England and Wales, when a license towards the 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, plus the competent courts of London, England, once the law of England and Wales applies, shall each have non-exclusive jurisdiction overall disputes with this agreement. When Singapore law applies, any dispute arising out of or even in connection using this type of agreement, including any question regarding its existence, validity, or termination, will be referred to lastly resolved by arbitration in Singapore as outlined by the Arbitration Rules with the Singapore International Arbitration Centre SIAC to the time being in force, which rules are deemed for being incorporated by reference into it. There will likely be one arbitrator, selected jointly from the parties. If the arbitrator isn't selected within thirty 30 days on the written demand by the party to submit to arbitration, the Chairman with the SIAC shall make selection. The language with the arbitration will likely be English. Notwithstanding any provision within this agreement, Adobe or Customer may request any judicial, administrative, or another authority to order any provisional or conservatory measure, including injunctive relief, specific performance, or any other equitable relief, prior to your institution of legal or arbitration proceedings, or over the proceedings, with the preservation of that rights and interests as well as to enforce specific terms which are suitable for provisional remedies. This agreement are not governed through the following, the use of which is hereby expressly excluded: x the conflict of law rules of a typical jurisdiction, y the United Nations Convention on Contracts for that International Sale of Goods, and z the Uniform Computer Information Transactions Act, as enacted in every jurisdiction.
If any component of this agreement is located void and unenforceable, it will not get a new validity with the balance in this agreement, that can remain valid and enforceable as outlined by its terms. This agreement might only be modified in some recoverable format, signed by an official officer of Adobe. The English version with this agreement are going to be the version used when interpreting or construing this agreement. This would be the entire agreement between Adobe and Customer relating to your Software and it also supersedes any prior representations, discussions, undertakings, communications, or advertising relating for the Software.
12. Notice to Government End Users.
12.1 Government Licensing of Adobe Technology. Customer agrees that whenever licensing Adobe Software for acquisition with the Government, or any contractor therefore, Customer will license consistent using the policies set forth in 48 Section 12.212 for civilian agencies and 48 Sections 227.7202Р‘1 and 227.7202Р‘4 with the Department of Defense. For Government End Users, Adobe agrees to abide by all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 in the Vietnam Era Veterans Readjustment Assistance Act of 1974 38 USC 4212, and Section 503 in the Rehabilitation Act of 1973, as amended, along with the regulations at 41 CFR Parts 60Р‘1 through 60Р‘60, 60Р‘250, and 60Р‘741. The affirmative action clause and regulations contained inside the preceding sentence are going to be incorporated by reference into this agreement.
12.2 Commercial Items. For Government End Users, Software can be a Commercial Items, as that term is determined at 48 Section 2.101, comprising Commercial Computer Software and Commercial Computer Software Documentation, consequently terms are found 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 will be licensed to Government customers a only as Commercial Items and b with solely those rights similar to granted to all or any other owners pursuant for the terms and conditions herein. Unpublished-rights reserved within the copyright laws in the United States.
13. Compliance with Licenses.
If Customer is often a business, company, or organization, Customer agrees that, as well as any license compliance checking performed from the Software, Adobe or its authorized representative hold the right, no greater than once every twelve calendar year, upon seven 7 days prior notice to Customer, to inspect Customer s records, systems, and facilities to confirm that its usage of any and all sorts of Adobe software or service was in conformity having its valid licenses from Adobe. For example, Adobe provides the right to the ones from Customer s records beneficial 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 operating records and knowledge requested by Adobe so as to verify that its utilization of any and many types of Adobe applications are in conformity using its valid licenses from Adobe within thirty thirty days of Adobe s request. Additional information on serialization is sold at /go/elicensing.
14. Internet Connectivity and Privacy.
14.1 Automatic Connections to your Internet. The Software could potentially cause Customer s Computer, anytime, to automatically connect for the Internet also to communicate by having an Adobe website or Adobe domain for purposes for example license validation and providing Customer with further information, features, or functionality. Unless otherwise per Sections 14.2 through 14.7, the next provisions affect all automatic Internet connections through the Software:
14.1.1 Whenever the Software makes an Internet connection and communicates by 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 it also addresses in greater detail the topic of tracking and utilize of cookies, web beacons, and other devices.
14.1.2 Whenever the Software connects to Adobe over the Internet, certain Customer info is collected and transmitted through the Software to Adobe pursuant towards 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 example Customer s Adobe ID, user name, and password could possibly be transmitted to and stored by Adobe pursuant to your Privacy Policy and additional relation to use linked to such Adobe Online Service collectively with the relation to its use and then for 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 even the activation or registration in the Software or Adobe Online Service, or b deliver in-product marketing to offer information about the Software as well as other Adobe products and Services using information including yet not limited to platform version, version on the Software, license status, and language.
14.2 Updating. The Software might cause Customer s Computer, without additional notice, to automatically connect on the Internet intermittently or using a regular basis to your check for Updates that are offered for download to and installation around the Computer and b notify Adobe with the results of installation attempts.
14.3 Activation. The Software might need Customer with a obtain an Adobe ID, b activate or reactivate the Software, c register the program, or d validate the Membership. Such requirement might cause Customer s Computer to connect on the Internet with no warning on install, on launch, as well as 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 might also receive information from Adobe linked to Customer s license, subscription, or Membership. Adobe are able to use such information to detect or prevent fraudulent or unauthorized use not prior to a valid license, subscription, or Membership. Failure to activate or register the Software, validate the subscription or Membership, or perhaps a determination by Adobe of fraudulent or unauthorized use in the Software may result in reduced functionality, inoperability on the Software, or possibly a termination or suspension with the subscription or Membership.
14.4 Deactivation. Customer may deactivate and uninstall the Software looking at the Computer so that you can install and activate the Software on another Computer in accordance using this type of agreement Deactivation in addition to being further described in /go/activation. Deactivation requires Internet connectivity.
14.5 Use of Online Services. The Software could cause Customer s Computer, without additional notice as well as on an intermittent or regular basis, to automatically connect on the Internet to facilitate Customer s having access to content and services that happen to be provided by Adobe or organizations as further described in Section 16.4 Online Services. In addition, the Software may, without additional notice, automatically connect for the Internet to update downloadable materials readily available online services in order to provide immediate accessibility to these services even though Customer is offline.
14.6 Digital Certificates. The Software uses digital certificates as described in Section 16.5 that can help Customer identify downloaded files, applications and content plus the publishers of such files. For example, Adobe AIR uses digital certificates to assist Customer identify the publisher of Adobe AIR applications. The Adobe Acrobat class of products also uses digital certificates to sign and validate signatures within Portable Document Format PDF documents also to validate certified PDF documents. Customer s Computer may connect on the Internet during validation of any 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 like a local shared object. They are associated together with the 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 others from storing local shared objects or grant 3rd party content the right to reach the computer s microphone and camera. Additional information regarding how to configure settings in their version of Flash Player, including information regarding how to disable local shared objects while using Flash Player Settings Manager, is sold at /go/settingsmanager. Additional information on local shared objects is offered at /go/flashplayersecurity.
15. Peer-to-Peer Communications.
The Software may also use Customer s connection to your local area network, without additional notice, to automatically hook up to other Adobe software and, in doing so, may indicate about the local area network who's is readily available for communication to Adobe software. These connections may transmit the IP Address of Customer s connection towards the local network.
16. Specific Provisions and Exceptions.
This section sets forth specific provisions linked to certain products and components in the Software along with limited exceptions towards the above conditions. To the extent that any provision in this particular section was in conflict with any term or condition in this particular agreement, the terms stated within this 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 never prejudice the statutory rights associated with a party, including those dealing as consumers. For example, for consumers in New Zealand who get the Software web hosting, domestic, or household use not business purposes, this agreement is susceptible 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 usually a consumer which is its use in the Software is kind of, non-business related purposes, then Section 6 Limited Warranty won't apply to Customer s purchase and use from the Software. Instead, Adobe warrants for just a period of a couple of years from purchase that this Software supplies the functionalities set forth within the applicable user manual the decided functionalities when utilized on the Compatible Computer. Non-substantial variation on the agreed upon functionalities will not likely 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 generate a warranty claim, Customer must notify the Adobe Customer Support Department throughout this 2 year period, providing details of proof purchase on the Software. Adobe will verify with Customer whether there can be a defect within the Software or advise Customer that this error arises because Customer hasn't installed the Software correctly whereby, Adobe shall assist Customer. If there can be a defect inside Software, Customer may request from Adobe whether refund or perhaps a repaired or replacement copy with the Software. Requests should be accompanied by proof purchase. In the event Customer s warranty data is substantiated, Adobe will come across Customer s ask for repaired or replacement Software, unless it can be not reasonable to Adobe to do this, in which particular case Adobe can provide Customer which 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 company's use on the Software. Nonetheless, Adobe will likely be liable for direct losses which might be reasonably foreseeable within the event of your breach by Adobe with this agreement. Customer is suggested to take all reasonable measures to stop and reduce damages, particularly by making back-up copies with the Software as well as computer data.
This agreement, plus particular this Section 16.1.2, should describe Customer s rights including its statutory rights inside the event there needs to be problems which consists of use on the Software. If Customer s statutory rights are in excess of this description, its statutory rights shall apply.
16.1.3 Nothing contained in this agreement including Section 4.4 shall limit any non-waivable directly to decompile the Software that Customer may enjoy under applicable law. For example, if Customer is located from the European Union EU, Customer could have the right upon certain conditions specified from the applicable law to decompile the Software if it really is necessary to do so to be able to achieve interoperability on the Software with another program, and Customer has first asked Adobe in some recoverable format to give the information essential to achieve such operability and Adobe has never made such information available. In addition, such decompilation may be performed by Customer or somebody else entitled to utilize a copy with the Software on Customer s behalf. Adobe contains the right to impose reasonable conditions before providing such information. Any information provided by Adobe or obtained by Customer, as permitted hereunder, might only be used by Customer with the purpose described herein and might not be disclosed to any 3rd party or familiar with create any software that is certainly substantially similar to your expression from the Software or used for some other act that infringes the copyright of Adobe or its licensors.
16.1.4 If Customer obtains the Software in Australia, then a following provision shall apply, notwithstanding anything stated on the contrary in this particular Agreement:
Our goods feature guarantees that can not be excluded underneath the Australian Consumer Law. You are entitled into a replacement or refund for just a major failure as well as compensation for some other reasonably foreseeable loss or damage. You are also entitled to develop the goods repaired or replaced in the event the goods fail to become of acceptable quality as well as the failure will not amount to your major failure. Our software products also come that has a 90Р‘day limited warranty offered by Adobe Systems Software Ireland Limited, with the office at 4Р‘6 Riverwalk, Citywest Business Campus, Dublin, Ireland, as set out inside the Agreement. If your products will not provide the general functions and features described within the User Documentation from the 90Р‘day period after delivery for you, please call the Adobe Customer Support Department at 1800 614 863 with information of your product, serial number, and evidence purchase. You can be required to return the application product towards the address we provide to your account at the time, whereby such return is going to be at your own cost. The benefits under this warranty are besides other rights and remedies that you could possibly have at law.
16.2 Pre-release Software Additional Terms. If the Software is pre-commercial release or beta software Pre-release Software, this section applies. The Pre-release Software won't represent final product from Adobe, and could contain bugs, errors, as well as other problems that may cause system or another 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, such as being the Adobe Systems Incorporated License Agreement for Pre-release Software, then Customer s use on the Software is also governed by such agreement. Customer will promptly return or destroy all copies of Pre-release Software upon the quicker of Adobe s request or upon Adobe s commercial release of which 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 in order to use only by Educational End Users, Customer just isn't entitled to utilize Software unless Customer qualify rolling around in its jurisdiction for an Educational End User. Please visit /go/edupurchasing to master about eligibility. Please visit /go/store and look for that link for Buying Adobe Products Worldwide to get 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 online on a website maintained by Adobe or its affiliates Adobe Online Services. Examples of which Adobe Online Services might include, but are not on a: 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 being a feature or extension in the Software even though it can be hosted with a website. Access with an Adobe Online Service might need Customer to activate the Software, get the Adobe ID, consent to Additional Terms of Use, or require another fee so as to access such Adobe Online Services. Adobe Online Services might 't be available in all languages or even residents coming from all countries and Adobe may, whenever you want and for just about any reason, modify or discontinue the availability associated with a Adobe Online Service. Adobe also reserves the directly to begin charging a fee for use of or utilization of an Adobe Online Service that has been previously provided by no charge. Section 14 states info regarding Internet connectivity and Customer s privacy. As stated in Section 14, once the Software accesses an Adobe Online Service, Customer s use for these Adobe Online Service is governed with the Adobe Privacy Policy /go/privacy, through the Terms of Use /go/terms, by any Additional Terms of Use that you will find presented to Customer during those times.
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 those Third Party Online Services might include, but are not tied to, the Kodak EasyShare Gallery service. Customer s usage of and using any Third Party Online Services is governed through the terms, conditions, disclaimers, and notices seen on such site or else associated with such Third Party Online Services. Adobe doesn't control, endorse, or accept responsibility for Third Party Online Services. Any dealings between Customer and then any third party in hitting the ground with a Third Party Online Service, including such party s privacy policies and make use of of Customer s sensitive information, delivery of and payment for services and goods, and some other terms, conditions, warranties, or representations linked to such dealings, are solely between Customer and such 3rd party. Third Party Online Services might 't be available in all languages or even residents coming from all countries and Adobe may, any time and for almost any reason, modify or discontinue the availability associated with a 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 vacation 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 could be self-signed.
16.5.2 Terms and Conditions. Purchase, use, and addiction to digital certificates will be the responsibility of Customer plus a Certificate Authority. Before Customer relies on any certified document, digital signature, or Certificate Authority services, Customer should look at the applicable stipulations under which the appropriate Certificate Authority provides services, including, one example is, any subscriber agreements, relying party agreements, certificate policies, and employ statements. See the links on /go/partnerscds for info on Adobe s CDS vendors and /go/aatl for information regarding AATL vendors.
16.5.3 Acknowledgement. Customer agrees a the Software, as a result of configuration or external issues, might show a signature as valid despite the fact that a digital certificate might have been revoked or expired prior on the time of verification; b the safety or integrity of any digital certificate might be compromised on account of an act or omission through the signer on the document, the applicable Certificate Authority, or another third party; and c a certificate can be a self-signed certificate not offered 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 how the Customer relies upon is really a third-party beneficiary in this agreement and shall have the straight away to enforce this agreement rolling around in its own name just as if it were Adobe.
16.5.5 Indemnity. Customer agrees to support Adobe and then applicable Certificate Authority except as expressly provided in its conditions and terms harmless from any and liabilities, losses, actions, damages, or claims including all reasonable expenses, costs, and attorneys fees arising outside of or associated with Customer s utilization of, or any attachment to, any service of those authority, including, without limitation: a addiction to an expired or revoked certificate; b improper verification of an certificate, c use of your certificate aside from as permitted by any applicable conditions and terms, this agreement or applicable law; d failure to exercise reasonable judgment beneath the circumstances in relying upon issuer services or certificates; or e failure to perform some of the obligations as required in the conditions related towards 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 towards the memory hard disk drive or RAM of a single output device linked to at least one of these Computers to the purpose of obtaining the font software remain resident such output device, and of merely one more such output device for any multiple of five represented through the Permitted Number of Computers.
16.6.3 Customer will take a copy with the fonts Customer has used for any particular file with a commercial printer or any other service bureau, and the like service bureau may make use of the fonts to process its file, provided such service bureau has a sound license to make use of that particular font software.
16.6.4 Customer may embed copies on the font software into its electronic documents to 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 on the above, the fonts listed at /go/restrictedfonts are included together with the Software exclusively for purposes of operation with the Software user interface but not for inclusion within any Output Files. Such listed fonts are certainly not licensed under this Section 16.6. Customer agrees so it will not copy, move, activate or use, or allow any font management tool to duplicate, move, activate or use, such listed fonts in or with any program, program, or file apart from the Software.
16.7 After Effects Render Engine. If the Software includes the total version of Adobe After Effects, then Customer may install an unlimited volume of Render Engines on Computers within its Internal Network which includes a minumum of one Computer on what the full version from the Adobe After Effects software packages are installed. The term Render Engine means an installable portion from the Software allowing After Effects projects being rendered but which cannot be employed to create or modify projects and will not include the whole After Effects graphical user interface.
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, than the Section 16.8 shall apply.
16.8.1 Additional Definitions.
16.8.1.1 Deploy method for deliver or elsewhere make available, directly or indirectly, in any respect including and not limited to your 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 make it possible for the power to locally save documents with filled-in PDF forms.
16.8.2 The Software might include enabling technology that permits Customer allow PDF documents with certain features over the use of an digital credential located from the Software Key. Customer agrees not to gain access to, attempt to gain access to, control, disable, remove, use, or distribute the Key for virtually every purpose.
16.8.3 For any unique Extended Document Customer may either a Deploy such Extended Document to a unlimited variety of unique recipients, but Customer shall not extract information or increase the risk for information for being extracted from in excess of five hundred 500 unique instances of those Extended Document or any hardcopy representation of those Extended Document containing filled form fields; or b Deploy such Extended Document to no greater than five hundred 500 unique recipients without limits within 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 to make use of Acrobat Standard, Acrobat Pro, or Adobe Acrobat Suite shall not boost the foregoing limits which is, the foregoing limits will be the aggregate total limits regardless how 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 presented to Customer within or using the Software, or even in an Output File will likely be governed by terms at /go/flashplayerusage. Unless and except as provided therein, Customer shall don't have any rights to work with or distribute such software.
16.10 Contribute Publishing Services. Subject towards the Contribute Publishing Services software user license agreement accompanying such software, Customer shall not connect for the Contribute Publishing Services software unless Customer has bought a license to get in touch to such Contribute Publishing Services software for each individual who may hook up to such Contribute Publishing Services software; provided, however, that trial versions of Adobe Contribute software may install and connect on the Contribute Publishing Services software prior to the Contribute Publishing Services software consumer 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 on the Software, Customer agrees it will install and utilize such add-in only using a desktop Computer instead of on any non-PC product, including, and not limited to, a website appliance, set top box, handheld, phone, or web pad device. Further, the portion on the Software which is embedded inside a presentation, information, or content created and generated while using Software the Adobe Presenter Run-Time may be used together using the presentation, information, or content in which it can be embedded. Customer shall not use, and shall cause all licensees of those presentation, information, or content not make use of, the Adobe Presenter Run-Time apart from as embedded such presentation, information or content. In addition, Customer shall not use, and shall cause all licensees of those presentation, information, or content not to ever, 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 could use only to deliver client-side data management capabilities and as a possible output file within software Customer develops, be subject to the following: Customer might not a use make it possible for associations or offline capabilities within software or b incorporate into any software which is similar to Adobe LiveCycle Data Services or BlazeDS. If Customer would choose to do one of the foregoing, Customer will should request another license from Adobe.
16.13 Digital Publishing Suite. The following terms apply if Software includes certain components or features designed to be effective with or access Digital Publishing Suite, be subject to 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 within this Section 16 or Additional Terms of Use, Customer may install and make use of the DPS Desktop Tools solely for that purposes of any creating or producing the content meant to be displayed from the Content Viewer Output, b evaluating and testing the Output, and c where available, accessing and while using Adobe Digital Publishing Suite services pursuant on the Additional Terms of Use. Except as otherwise permitted herein, Customer might not display, distribute, modify, or publicly perform the DPS Desktop Tools.
16.14 AVC DISTRIBUTION. The following notice relates 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 through the Apple iTunes Application Store App, then Customer acknowledges and agrees on the following additional terms: a Apple doesn't have any liability to the App and its particular content; b Customer s use from the App is bound to a non-transferable license to utilize 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 to the App; d for the extent permitted by applicable law, Apple doesn't have warranty obligation for the App and Adobe will probably be responsible for virtually any claims, losses, liabilities, damages, costs, or expenses attributable to your failure to conform to your warranty set forth on this Agreement; e Apple isn't liable for virtually any claims relating for the App or Customer s possession and/or use with the App, including, however, not limited to: i product liability claims; ii any claim how the App isn't able to conform to your applicable legal requirement; and iii consumer protection claims; f Apple isn't liable for just about any third-party claims that this App infringes a vacation s intellectual property rights; and g Apple as well as subsidiaries are alternative beneficiaries on this Agreement with respect to your such App, knowning that Apple should have the directly to enforce the Agreement against Customer being a third party beneficiary.
If you might have any questions regarding this agreement or in the event you wish to request any information from Adobe, please makes use of the address and speak to information included using this product to make contact with the Adobe office serving your jurisdiction.
The name in this 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 all sorts of related titles and logos can be registered trademarks or trademarks of Adobe Systems Incorporated inside the United States and/or some other countries. All other trademarks would be the property of their respective owners.
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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 might 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 according to the regards to this agreement. Use of some Adobe and a few non- Adobe materials and services incorporated into or accessed with the Software may be be subject to additional conditions and terms. Notices about non- Adobe materials are at /go/thirdparty.
The Software could potentially 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 can be found in Sections 14 and 16.
1.1 Adobe means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose, California 95110, detail agreement is put into while Customer influences 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 while using recommended main system 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 the specific result based on the sequence of instructions, including without limitation personal computers, laptops, tablets, mobile phones, telecommunication devices, Internet-connected devices, and hardware products capable of operating many productivity, entertainment, or another software applications.
1. 5 Customer means you together with any legal entity that obtained the Software and also on whose behalf it really is used; one example is, so that as applicable, your employer.
1.6 Internal Network means an individual, proprietary network resource accessible only by employees and individual contractors, temporary employees of your specific corporation or similar business entity. Internal Network won't include portions with the Internet or another network community open towards the public, for instance membership or subscription driven groups, associations, and other alike organizations.
1.7 Output File means an output file Customer creates together with 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 in which this agreement is provided, including although not limited to: i all software files as well as other computer information; ii any proprietary scripting logic embedded within exported file formats or found in an Adobe Online Service; iii sample and stock photographs, images, sounds, clip art and also other artistic works bundled with Adobe software or offered by Adobe on Adobe s website for use using the Adobe software instead of obtained from Adobe by having 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 addendums to, such information, made available to Customer by Adobe whenever you want, for the extent not provided under separate terms collectively, Updates.
2. Software License; Membership.
2.1 Software License. This Section 2.1 pertains to Customers with purchased a license on the Software but have not bought a membership-based license or service such as being the Creative Cloud membership as described in Section 2.2.
2.1.1 License Grant. Subject to Customer s continuous compliance on this Agreement and payment on the applicable license fees, Adobe grants Customer a non-exclusive and limited license to put in and utilize the Software a from the territory or region where Customer obtains the Software from Adobe or Adobe s authorized reseller or as otherwise stated within the Documentation Territory, b throughout the term of these license License Term, c inside scope from 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 comparison to its 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 from the License Term, some or every one of the Software may cease to work without prior notice. Upon expiration or termination with the License Term, Customer might not use the Software unless Customer has renewed the license. The license granted herein is supplemented by specific provisions in Section 16 as related on the use of certain applicable products and components that may be contained in the Software for example 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 portions on the Software, that happen to be provided with no serial number throughout the License Term might be installed and suited for any quantity of Compatible Computers within an organizational deployment plan throughout the License Term for demonstration, evaluation, and training purposes only, and simply if any Output Files or some other materials produced through such use are utilized only for internal, non-commercial, and non-production purposes. THE NON-SERIALIZED SOFTWARE IS PROVIDED AS
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