Effective Date: May 7, 2012.
2. Service Specific Terms.
The terms in this Section 2 apply only to the specific Services as set forth below. In the event of a conflict between the terms of this Section 2 and any other terms and conditions of the General Terms or these Additional Terms, the terms of this Section 2 shall govern with respect to the particular Service, but only to the extent of such conflict.
2.3. Adobe Resource Central and CS News & Resources. If the Service you are using is Adobe Resource Central or CS News and Resources, then the following terms apply:
a. Description of the Services and Definitions. The Services allow you to access online resources and/or download content files via the Adobe Resource Central, and CS News and Resources panels in certain Adobe products. The "Online Resources" means Adobe Materials (as defined in the General Terms) such as product news, information, tutorials and other materials that are made available through the Services for your use or reference online. "Downloadable Content" means Adobe Materials (as defined in the General Terms) that are made available for download as part of the Services, and are designed for use with the Adobe product by which you access the content files. Examples of Downloadable Content include, without limitation:
(i) sound effects and other audio files that are accessed through the Adobe Resource Central Panel in the Adobe Audition product;
(ii) Sound Effects and Soundbooth Scores that are accessed through the Adobe Resource Central Panel in the Soundbooth product (defined in more detail in Section 2.3(b)(ii) below and referred to herein as “Soundbooth Audio Content”);
(iii) templates and/or other content files for Adobe Premiere Pro and Encore accessed via the Adobe Resources Central panel in these products, and
(iv) content files, if any, for Adobe Creative Suite products accessed via a link to a separate web site in the CS News and Resources panel.
b. Use of Downloadable Content.
(i) Downloadable Content. Except for Southbooth Audio Content, your use of Downloadable Content is governed by the license grant below:
Unless stated otherwise in "read-me" files or other license(s) associated with the Downloadable Content that are displayed online or in the downloads and which may include specific rights and restrictions with respect to such Downloadable Content, you may use, display, modify, reproduce, and distribute the Downloadable Content. However, you may not distribute or give your customers or others direct access to the Downloadable Content files on a stand-alone basis (i.e., in circumstances in which the Downloadable Content constitutes the primary value of the product being distributed), and you may not claim any copyright, trademark, or any other intellectual property rights in the Downloadable Content.
(ii) Soundbooth Audio Content. Your use of the Soundbooth Audio Content (such as Sound Effects and Soundbooth Scores) is governed by the License Agreement for Adobe Soundbooth Audio Content at http://www.adobe.com/products/eulas/pdfs/soundboothcontent-combined-20080805_1048.pdf. Such License Agreement shall control in the event of inconsistency between these Additional Terms and the License Agreement.
2.4. SiteCatalyst NetAverages. If the service you are using is the SiteCatalyst NetAverages Service, then the following terms apply:
a. License to use Materials provided through the SiteCatalyst NetAverages Service. Your access to, and use of, the SiteCatalyst NetAverages service (the "NetAverages Service") may give you access to certain anonymous aggregate data licensed by Adobe from third parties, including but not limited to, web site visitor traffic statistics of such third parties (collectively, the "NetAverages Materials"). With respect to NetAverages Materials and subject to the conditions below, Adobe grants you a non-exclusive, non-transferable, revocable right to access and use the NetAverages Materials for so long as such NetAverages Materials are made available to Adobe by such third parties.
b. Conditions on Your Use of the NetAverages Materials. Your use of the NetAverages Materials is subject to Section 5 of the General Terms, except that you may access the NetAverages Materials solely for your internal business purposes.
c. Confidentiality. The NetAverages Materials you may access through the NetAverages Service shall be considered the confidential information of Adobe ("Confidential Information"). Confidential Information shall not include information that (i) is or becomes a part of the public domain through no act or omission of yours; (ii) was rightfully in your possession prior to the disclosure and had not been obtained by you either directly or indirectly from Adobe; (iii) is rightfully disclosed to you by a third party without restriction on disclosure; (iv) is independently developed by you without use of or reference to Adobe's Confidential Information. You agree to use commercially reasonable care (but in no case less care than you use to protect your own Confidential Information) to prevent the disclosure of the Confidential Information to any third party. You may disclose Confidential Information to the extent that such disclosure is required by law or valid order of a court or other governmental authority; provided, that you first have given sufficient and prompt written notice to Adobe of the receipt of any subpoena or other request for such disclosure and have made a reasonable effort to obtain a protective order requiring that the Confidential Information so disclosed be used only for the purposes for which the order was issued.
CS Services Additional Terms-en_US-20120316