19 August 2010
Terms and Conditions Governing Download of LiveCycle ES2 Evaluation Software
By downloading the Adobe LiveCycle ES2 software ("Software") from Adobe Systems Incorporated or its subsidiaries ("Adobe") from this site, you agree to the following terms and conditions. If you do not agree with such terms and conditions do not download the Software.
The Software shall be deemed Evaluation Software (as that term is defined in the end user license agreement accompanying the software upon installation or download ("EULA")) and will be licensed solely for your evaluation purposes and not for productive business purposes. The terms of the EULA shall supersede the terms presented below provided, however, that notwithstanding anything to the contrary in the EULA, the license to Evaluation Software shall remain in effect without time limitation unless and until you materially breach the EULA or Adobe, in its sole discretion, provides notice of termination.
The export and re-export of Adobe software products are controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to Cuba, Iran, North Korea, Sudan, Syria, or any country to which the United States embargoes goods. In addition, Adobe software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
By downloading or using an Adobe software product you are certifying that you are not a national of Cuba, Iran, North Korea, Sudan, Syria, or any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
If the software is designed for use with an application software product (the "Host Application") published by Adobe, Adobe grants you a nonexclusive license to use such software with the Host Application only, provided you possess a valid license from Adobe for the Host Application. Except as set forth below, such software is licensed to you subject to the terms and conditions of the EULA from Adobe governing your use of the Host Application.
DISCLAIMER OF WARRANTIES: YOU AGREE THAT ADOBE HAS MADE NO EXPRESS WARRANTIES TO YOU REGARDING THE SOFTWARE AND THAT THE SOFTWARE IS BEING PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND. ADOBE DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS. Some states or jurisdictions do not allow the exclusion of implied warranties, so the above limitations may not apply to you.
LIMIT OF LIABILITY: IN NO EVENT WILL ADOBE BE LIABLE TO YOU FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADOBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.