| ADOBE SYSTEMS INCORPORATED |
| ADOBE® SOFTWARE LICENSE AGREEMENT |
| NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING, COPYING |
| OR DISTRIBUTING ALL OR ANY PORTION OF THE ADOBE SOFTWARE ("SOFTWARE") |
| YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, |
| IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; |
| TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 7; AND LIABILITY IN |
| SECTION 8. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY |
| WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS |
| ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE |
| SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE, DO NOT |
| USE THIS SOFTWARE. |
| |
| Adobe and its suppliers own all intellectual property in the Software. Adobe permits you to Use the |
| Software only in accordance with the terms of this Agreement. Use of some third party materials |
| included in the Software may be subject to other terms and conditions typically found in a separate |
| license agreement, a “Read Me” file located near such materials or in the “Third Party Software |
| Notices and/or Additional Terms and Conditions” found at http://www.adobe.com/go/thirdparty. |
| |
| 1. Definitions. "Software" means (a) all of the contents of the files (provided either by electronic |
| download, on physical media or any other method of distribution), disk(s), CD-ROM(s) or other |
| media with which this Agreement is provided, including but not limited to (i) Adobe or third party |
| computer information or software, including the Adobe Reader® ("Adobe Reader"), Adobe Flash® |
| Player, Shockwave® Player and Authorware® Player (collectively, the Flash, Shockwave and |
| Authorware players, are the "Web Players"); (ii) related explanatory written materials or files |
| ("Documentation"); and (iii) fonts; and (b) upgrades, modified versions, updates, additions, and |
| copies of the Software, if any, licensed to you by Adobe (collectively, "Updates"). "Use" or "Using" |
| means to access, install, download, copy, or otherwise benefit from using the functionality of the |
| Software in accordance with the Documentation. "Permitted Number" means one (1) unless |
| otherwise indicated under a valid license (e.g., volume license) granted by Adobe. "Computer" |
| means an electronic device that accepts information in digital or similar form and manipulates it for |
| a specific result based on a sequence of instructions. "Adobe" means Adobe Systems Incorporated, a |
| Delaware corporation, 345 Park Avenue, San Jose, California 95110, if subsection 9(a) of this |
| Agreement applies; otherwise it means Adobe Systems Software Ireland Limited, Unit 3100, Lake |
| Drive, City West Campus, Saggart D24, Republic of Ireland, a company organized under the laws of |
| Ireland and an affiliate and licensee of Adobe Systems Incorporated. |
| |
| 2. Software License. If you obtained the Software from Adobe or one of its authorized licensees, |
| and subject to your compliance with the terms of this agreement (this "Agreement"), including the |
| restrictions in Setion 3, Adobe grants to you a non-exclusive license to Use the Software for the |
| purposes described in the Documentation as follows. |
| 2.1 General Use. You may install and Use a copy of the Software on your compatible Computer, up |
| to the Permitted Number of computers. The Software may not be shared, installed or used |
| concurrently on different computers. See Section 3 for important restrictions on the Use of Adobe |
| Reader and Web Players. |
| 2.2 Server Use and Distribution. |
| 2.2.1 You may install one copy of the Adobe Reader on a computer file server within your internal |
| network for the sole and exclusive purpose of (a) using the Software (from an unlimited number of |
| client computers on your internal network) via (i) the Network File System (NFS) for UNIX |
| versions of the Software or (ii) Windows Terminal Services and (b) allowing for printing within your |
| internal network. Unless otherwise expressly permitted hereunder, no other server or network use of |
| the Software is permitted, including but not limited to use of the Software (i) either directly or |
| through commands, data or instructions from or to another computer or (ii) for internal network, |
| internet or web hosting services. |
| 2.2.2 For information on how to distribute the Software on tangible media or through an internal |
| network please refer to the sections entitled "How to Distribute Adobe Reader" at |
| http://www.adobe.com/products/acrobat/distribute.html; or "Distribute Macromedia Web Players" at |
| http://www.adobe.com/licensing. |
| 2.3 Backup Copy. You may make one backup copy of the Software, provided your backup copy is |
| not installed or used on any Computer. You may not transfer the rights to a backup copy unless you |
| transfer all rights in the Software as provided under Section 4. |
| 2.4 Portable or Home Computer Use. If and only if the Software is Adobe Reader, in addition to the |
| single copy permitted under Sections 2.1 and 2.2, the primary user of the Computer on which the |
| Software is installed may make a second copy of the Software for his or her exclusive Use on either |
| a portable Computer or a Computer located at his or her home, provided the Software on the portable |
| or home Computer is not used at the same time as the Software on the primary computer. |
| 2.5 No Modification. |
| 2.5.1 You may not modify, adapt, translate or create derivative works based upon the Software. You |
| may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code |
| of the Software except to the extent you may be expressly permitted to decompile under applicable |
| law, it is essential to do so in order to achieve operability of the Software with another software |
| program, and you have first requested Adobe to provide the information necessary to achieve such |
| operability and Adobe has not made such information available. Adobe has the right to impose |
| reasonable conditions and to request a reasonable fee before providing such information. Any such |
| information supplied by Adobe and any information obtained by you by such permitted |
| decompilation may only be used by you for the purpose described herein and may not be disclosed |
| to any third party or used to create any software which is substantially similar to the expression of |
| the Software. Requests for information should be directed to the Adobe Customer Support |
| Department. |
| 2.5.2 As an exception to the above, you may customize or extend the functionality of the installer |
| for the Adobe Reader as specifically allowed by instructions found at http://www.adobe.com/support |
| or http://www.adobe.com/go/reader_developer (e.g., installation of additional plug-in and help files). |
| You may not otherwise alter or modify the Software or create a new installer for the Software. The |
| Adobe Reader is licensed and distributed by Adobe for viewing, distributing and sharing PDF files. |
| 2.6 Third Party Website Access. The Software may allow you to access third party websites ("Third |
| Party Sites"). Your access to and use of any Third Party Sites, including any goods, services or |
| information made available from such sites, is governed by the terms and conditions found at each |
| Third Party Site, if any. Third Party Sites are not owned or operated by Adobe. YOUR USE OF |
| THIRD PARTY SITES IS AT YOUR OWN RISK. ADOBE MAKES NO WARRANTIES, |
| CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, |
| WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY |
| OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD |
| PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, |
| SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR |
| PURPOSE WITH RESPECT TO THE THIRD PARTY SITES. |
| 2.7 Certified Documents. |
| 2.7.1 Certified Documents and CD Services. The Software may allow you to validate Certified |
| Documents. A "Certified Document" or “CD” is a PDF file that has been digitally signed using (a) a |
| certificate and (b) a “private” encryption key that corresponds to the “public” key in the certificate. |
| Validation of a CD requires CD Services from the CD Service Provider that issued the certificate. |
| “CD Service Provider” is an independent third party service vendor listed at |
| http://www.adobe.com/security/partners_cds.html. “CD Services” are services provided by CD |
| Service Providers, including without limitation (i) certificates issued by such CD Service Provider |
| for use with the Software’s CD feature set, (ii) services related to issuance of certificates, and (iii) |
| other services related to certificates, including without limitation verification services. |
| 2.7.2 CD Service Providers. Although the Software may provide validation features, Adobe does |
| not supply the necessary CD Services required to use these features. Purchasing, availability and |
| responsibility for the CD Services are between you and the CD Service Provider. Before you rely |
| upon any CD, any digital signature applied thereto, and/or any related CD Services, you must first |
| review and agree to the applicable Issuer Statement and this Agreement. “Issuer Statement” means |
| the terms and conditions under which each CD Service Provider offers CD Services (see the links on |
| http://www.adobe.com/security/partners_cds.html), including for example any subscriber |
| agreements, relying party agreements, certificate policies and practice statements, and Section 2.7 of |
| this Agreement. By validating a CD using CD Services, you acknowledge and agree that (a) the |
| certificate used to digitally sign a CD may be revoked at the time of verification, making the digital |
| signature on the CD appear valid when in fact it is not, (b) the security or integrity of a CD may be |
| compromised due to an act or omission by the signer of the CD, the applicable CD Service Provider, |
| or any other third party and (c) you must read, understand, and be bound by the applicable Issuer |
| Statement. |
| 2.7.3 Warranty Disclaimer. CD Service Providers offer CD Services solely in accordance with the |
| applicable Issuer Statement. ACCESS TO THE CD SERVICES THROUGH THE USE OF THE |
| SOFTWARE IS MADE AVAILABLE ON AN “AS IS” BASIS ONLY AND WITHOUT ANY |
| WARRANTY OR INDEMNITY OF ANY KIND (EXCEPT AS SUPPLIED BY A CD SERVICES |
| PROVIDER IN ITS ISSUER STATEMENT). ADOBE AND EACH CD SERVICE PROVIDER |
| (EXCEPT AS EXPRESSLY PROVIDED IN ITS ISSUER STATEMENT) MAKE NO |
| WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS |
| OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR |
| OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON- |
| INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, |
| SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS |
| FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE CD SERVICES. |
| 2.7.4 Indemnity. You agree to hold Adobe and any applicable CD Service Provider (except as |
| expressly provided in its Issuer Statement) harmless from any and all liabilities, losses, actions, |
| damages, or claims (including all reasonable expenses, costs, and attorneys fees) arising out of or |
| relating to any use of, or reliance on, any CD Service, including, without limitation (a) reliance on an |
| expired or revoked certificate, (b) improper verification of a certificate, (c) use of a certificate other |
| than as permitted by any applicable Issuer Statement, this Agreement or applicable law; (d) failure to |
| exercise reasonable judgment under the circumstances in relying on the CD Services or (e) failure to |
| perform any of the obligations as required in an applicable Issuer Statement. |
| 2.7.5 Limit of Liability. UNDER NO CIRCUMSTANCES WILL ADOBE OR ANY CD SERVICE |
| PROVIDER (EXCEPT AS EXPRESSLY SET FORTH IN ITS ISSUER STATEMENT) BE LIABLE |
| TO YOU, OR ANY OTHER PERSON OR ENTITY, FOR ANY LOSS OF USE, REVENUE OR |
| PROFIT, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS OR |
| FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, PUNITIVE, |
| EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO YOUR USE |
| OR RELIANCE UPON CD SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH |
| DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. THIS LIMITATION SHALL |
| APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A |
| BREACH OF THE FUNDAMENTAL OR MATERIALTERMS OF THIS AGREEMENT. |
| 2.7.6 Third Party Beneficiaries. You agree that any CD Service Provider you utilize shall be a third |
| party beneficiary with respect to this Section 2.7 of this Agreement, and that such CD Service |
| Provider shall have the right to enforce such provisions in its own name as if the CD Service |
| Provider were Adobe. |
| |
| 3. Restrictions. |
| 3.1 Web Player Prohibited Devices. You may not Use any Web Player on any non-PC device or with |
| any embedded or device version of any operating system. For the avoidance of doubt, and by |
| example only, you may not use a Web Player on any (a) mobile devices, set top boxes (STB), |
| handhelds, phones, web pads, tablets and Tablet PCs that are not running Windows XP Tablet PC |
| Edition, game consoles, TVs, DVD players, media centers (excluding Windows XP Media Center |
| Edition and its successors), electronic billboards or other digital signage, internet appliances or other |
| internet-connected devices, PDAs, medical devices, ATMs, telematic devices, gaming machines, |
| home automation systems, kiosks, remote control devices, or any other consumer electronics device, |
| (b) operator-based mobile, cable, satellite, or television systems or (c) other closed system devices. |
| 3.2 Notices. You shall not copy the Software except as set forth in Section 2. Any copy of the |
| Software that you make must contain the same copyright and other proprietary notices that appear on |
| or in the Software. |
| 3.3 Document Features. The Software may contain features and functionality (the “Document |
| Features”) that appear disabled or “grayed out.” These Document Features will only activate when |
| opening a PDF document that was created using corresponding enabling technology available only |
| from Adobe (“Keys”). You agree not to access, or attempt to access, disabled Document Features or |
| otherwise circumvent the permissions that control activation of such Document Features. You may |
| only use the Document Features with PDF documents that have been enabled using Keys obtained |
| under a valid license from Adobe. No other use is permitted. |
| 3.4 Adobe Reader Restrictions. You are not authorized to integrate or use the Adobe Reader with |
| any other software, plug-in or enhancement that uses or relies upon the the Adobe Reader when |
| converting or transforming PDF files into other file formats (e.g., a PDF file into a TIFF, JPEG, or |
| SVG file). You are not authorized to integrate or use the Adobe Reader with any plug-in software |
| not developed in accordance with the Adobe Integration Key License Agreement. Further, you are |
| not permitted to integrate or use the Adobe Reader with other software, or access PDF files that |
| contain instructions (e.g., JavaScript), in order to (a) save data locally (on the same Computer), (b) |
| create a file that contains data (e.g., an XML or comments file) or (c) save modifications to a PDF |
| file, except when such saving or creation is allowed through the use of Document Feature(s) enabled |
| by Adobe. |
| |
| 4. Transfer. You may not rent, lease, sublicense, assign or transfer your rights in the Software, or |
| authorize all or any portion of the Software to be copied onto another user's Computer except as may |
| be expressly permitted herein. You may, however, transfer all your rights to Use the Software to |
| another person or legal entity provided that: (a) you also transfer (i) this Agreement, and (ii) the |
| Software and all other software or hardware bundled or pre-installed with the Software, including all |
| copies, Updates and prior versions, to such person or entity, (b) you retain no copies, including |
| backups and copies stored on a Computer, and (c) the receiving party accepts the terms and |
| conditions of this Agreement and any other terms and conditions upon which you legally purchased |
| a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre- |
| release, or not for resale copies of the Software. |
| |
| 5. Intellectual Property Ownership, Copyright Protection. The Software and any authorized copies |
| that you make are the intellectual property of and are owned by Adobe Systems Incorporated and its |
| suppliers. The structure, organization and code of the Software are the valuable trade secrets and |
| confidential information of Adobe Systems Incorporated and its suppliers. The Software is protected |
| by law, including without limitation the copyright laws of the United States and other countries, and |
| by international treaty provisions. Except as expressly stated herein, this Agreement does not grant |
| you any intellectual property rights in the Software and all rights not expressly granted are reserved |
| by Adobe and its suppliers. |
| |
| 6. Updates. If the Software is an Update to a previous version of the Software, you must possess a |
| valid license to such previous version in order to Use such Update. All Updates are provided to you |
| on a license exchange basis. You agree that by Using an Update you voluntarily terminate your right |
| to use any previous version of the Software. As an exception, you may continue to Use previous |
| versions of the Software on your Computer after you Use the Update but only to assist you in the |
| transition to the Update, provided that: (a) the Update and the previous versions are installed on the |
| same computer; (b) the previous versions or copies thereof are not transferred to another party or |
| Computer unless all copies of the Update are also transferred to such party or Computer; and (c) you |
| acknowledge that any obligation Adobe may have to support the previous versions of the Software |
| may be ended upon availability of the Update. |
| |
| 7. NO WARRANTY. The Software is being delivered to you "AS IS" and Adobe makes no |
| warranty as to its use or performance. Adobe provides no technical support, warranties or remedies |
| for the Software. ADOBE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE |
| PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT |
| FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO |
| WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW |
| APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS MAKE NO |
| WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED |
| WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY |
| MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY |
| RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS |
| FOR ANY PARTICULAR PURPOSE. The provisions of Section 7 and Section 8 shall survive the |
| termination of this Agreement, howsoever caused, but this shall not imply or create any continued |
| right to Use the Software after termination of this Agreement. |
| |
| 8. LIMITATION OF LIABILITY. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE |
| LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY |
| CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR |
| LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE |
| POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY |
| ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE |
| EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ADOBE’S |
| AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION |
| WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE |
| SOFTWARE, IF ANY. Nothing contained in this Agreement limits Adobe’s liability to you in the |
| event of death or personal injury resulting from Adobe’s negligence or for the tort of deceit (fraud). |
| Adobe is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting |
| obligations, warranties and liability as provided in this Agreement, but in no other respects and for |
| no other purpose. For further information, please see the jurisdiction specific information at the end |
| of this Agreement, if any, or contact Adobe’s Customer Support Department. |
| |
| 9. Export Rules. You agree that the Software will not be shipped, transferred or exported into any |
| country or used in any manner prohibited by the United States Export Administration Act or any |
| other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the |
| Software is identified as export controlled items under the Export Laws, you represent and warrant |
| that you are not a citizen, or otherwise located within, an embargoed nation (including without |
| limitation Iran, Syria, Sudan, Libya, Cuba, and North Korea) and that you are not otherwise |
| prohibited under the Export Laws from receiving the Software. All rights to Use the Software are |
| granted on condition that such rights are forfeited if you fail to comply with the terms of this |
| Agreement. |
| |
| 10. Governing Law. This Agreement will be governed by and construed in accordance with the |
| substantive laws in force: (a) in the State of California, if a license to the Software is obtained when |
| you are in the United States, Canada, or Mexico; or (b) in Japan, if a license to the Software is |
| obtained when you are in Japan, China, Korea, or other Southeast Asian country where all official |
| languages are written in either an ideographic script (e.g., hanzi, kanji, or hanja), and/or other script |
| based upon or similar in structure to an ideographic script, such as hangul or kana; or (c) England, if |
| a license to the Software is purchased when you are in any other jurisdiction not described above. |
| The respective courts of Santa Clara County, California when California law applies, Tokyo District |
| Court in Japan, when Japanese law applies, and the competent courts of England, when the law of |
| England applies, shall each have non-exclusive jurisdiction over all disputes relating to this |
| Agreement. This Agreement will not be governed by the conflict of law rules of any jurisdiction or |
| the United Nations Convention on Contracts for the International Sale of Goods, the application of |
| which is expressly excluded. |
| |
| 11. General Provisions. If any part of this Agreement is found void and unenforceable, it will not |
| affect the validity of the balance of this Agreement, which shall remain valid and enforceable |
| according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing |
| as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of |
| Adobe. Updates may be licensed to you by Adobe with additional or different terms. This is the |
| entire agreement between Adobe and you relating to the Software and it supersedes any prior |
| representations, discussions, undertakings, communications or advertising relating to the Software. |
| |
| 12. Notice to U.S. Government End Users. The Software and Documentation are "Commercial |
| Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" |
| and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 |
| or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 |
| through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer |
| Software Documentation are being licensed to U.S. Government end users (a) only as Commercial |
| Items and (b) with only those rights as are granted to all other end users pursuant to the terms and |
| conditions herein. Unpublished-rights reserved under the copyright laws of the United States. Adobe |
| Systems Incorporated, 345 Park Avenue, San Jose, CA 95110-2704, USA. For U.S. Government End |
| Users, Adobe agrees to comply with all applicable equal opportunity laws including, if appropriate, |
| the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans |
| Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of |
| 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. |
| The affirmative action clause and regulations contained in the preceding sentence shall be |
| incorporated by reference in this Agreement. |
| |
| 13. Compliance with Licenses. If you are a business or organization, you agree that upon request |
| from Adobe or Adobe’s authorized representative, you will within thirty (30) days fully document |
| and certify that use of any and all Software at the time of the request is in conformity with your valid |
| licenses from Adobe. |
| |
| 14. Specific Provisions and Exceptions. |
| 14.1 Limited Warranty for Users Residing in Germany or Austria. If you obtained the Software in |
| Germany or Austria, and you usually reside in such country, then Section 7 does not apply, instead, |
| Adobe warrants that the Software provides the functionalities set forth in the Documentation (the |
| "agreed upon functionalities") for the limited warranty period following receipt of the Software |
| when used on the recommended hardware configuration. As used in this Section, "limited warranty |
| period" means one (1) year if you are a business user and two (2) years if you are not a business user. |
| Non-substantial variation from the agreed upon functionalities shall not be considered and does not |
| establish any warranty rights. THIS LIMITED WARRANTY DOES NOT APPLY TO SOFTWARE |
| PROVIDED TO YOU FREE OF CHARGE, FOR EXAMPLE, UPDATES, PRE-RELEASE, |
| TRYOUT, PRODUCT SAMPLER, NOT FOR RESALE (NFR) COPIES OF SOFTWARE, OR |
| SOFTWARE THAT HAS BEEN ALTERED BY YOU, TO THE EXTENT SUCH ALTERATIONS |
| CAUSED A DEFECT. To make a warranty claim, during the limited warranty period you must |
| return, at our expense, the Software and proof of purchase to the location where you obtained it. If |
| the functionalities of the Software vary substantially from the agreed upon functionalities, Adobe is |
| entitled -- by way of re-performance and at its own discretion -- to repair or replace the Software. If |
| this fails, you are entitled to a reduction of the purchase price (reduction) or to cancel the purchase |
| agreement (rescission). For further warranty information, please contact Adobe’s Customer Support |
| Department |
| 14.2 Limitation of Liability for Users Residing in Germany and Austria. |
| 14.2.1 If you obtained the Software in Germany or Austria, and you usually reside in such country, |
| then Section 8 does not apply, Instead, subject to the provisions in Section 14.2.2, Adobe's statutory |
| liability for damages shall be limited as follows: (i) Adobe shall be liable only up to the amount of |
| damages as typically foreseeable at the time of entering into the purchase agreement in respect of |
| damages caused by a slightly negligent breach of a material contractual obligation and (ii) Adobe |
| shall not be liable for damages caused by a slightly negligent breach of a non-material contractual |
| obligation. |
| 14.2.2 The aforesaid limitation of liability shall not apply to any mandatory statutory liability, in |
| particular, to liability under the German Product Liability Act, liability for assuming a specific |
| guarantee or liability for culpably caused personal injuries. |
| 14.2.3 You are required to take all reasonable measures to avoid and reduce damages, in particular |
| to make back-up copies of the Software and your computer data subject to the provisions of this |
| Agreement. |
| 14.3 Pre-release Product Additional Terms. If the product you have received with this license is pre- |
| commercial release or beta Software ("Pre-release Software"), then the following Section applies. |
| To the extent that any provision in this Section is in conflict with any other term or condition in this |
| Agreement, this Section shall supercede such other term(s) and condition(s) with respect to the Pre- |
| release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the |
| Software is a pre-release version, does not represent final product from Adobe, and may contain |
| bugs, errors and other problems that could cause system or other failures and data loss. |
| Consequently, the Pre-release Software is provided to you "AS-IS", and Adobe disclaims any |
| warranty or liability obligations to you of any kind. WHERE LIABILITY CANNOT BE |
| EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, ADOBE’S |
| LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF FIFTY |
| DOLLARS (U.S. $50) IN TOTAL. You acknowledge that Adobe has not promised or guaranteed to |
| you that Pre-release Software will be announced or made available to anyone in the future, Adobe |
| has no express or implied obligation to you to announce or introduce the Pre-release Software and |
| that Adobe may not introduce a product similar to or compatible with the Pre-release Software. |
| Accordingly, you acknowledge that any research or development that you perform regarding the Pre- |
| release Software or any product associated with the Pre-release Software is done entirely at your |
| own risk. During the term of this Agreement, if requested by Adobe, you will provide feedback to |
| Adobe regarding testing and use of the Pre-release Software, including error or bug reports. If you |
| have been provided the Pre-release Software pursuant to a separate written agreement, such as the |
| Adobe Systems Incorporated Serial Agreement for Unreleased Products, your use of the Software is |
| also governed by such agreement. You agree that you may not and certify that you will not |
| sublicense, lease, loan, rent, assign or transfer the Pre-release Software. Upon receipt of a later |
| unreleased version of the Pre-release Software or release by Adobe of a publicly released |
| commercial version of the Software, whether as a stand-alone product or as part of a larger product, |
| you agree to return or destroy all earlier Pre-release Software received from Adobe and to abide by |
| the terms of the license agreement for any such later versions of the Pre-release Software. |
| Notwithstanding anything in this Section to the contrary, if you are located outside the United States |
| of America, you agree that you will return or destroy all unreleased versions of the Pre-release |
| Software within thirty (30) days of the completion of your testing of the Software when such date is |
| earlier than the date for Adobe's first commercial shipment of the publicly released (commercial) |
| Software. |
| 14.4 Settings Manager. Use of the Web Players, specifically the Flash Player, will enable the |
| Software to store certain user settings as a local shared object on a your Computer. These settings are |
| not associated with you, but allow you to configure certain settings within the Flash Player. You can |
| find more information on local shared objects at http://www.adobe.com/software/flashplayer/security |
| and more information on the Settings Manager at http://www.adobe.com/go/settingsmanager. |
| |
| |
| If you have any questions regarding this Agreement or if you wish to request any information from |
| Adobe please use the address and contact information included with this product or via the web at |
| www.adobe.com to contact the Adobe office serving your jurisdiction |
| |
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