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EULA Upgrade Policy Change

We had many requests from customers to re-examine our upgrade policy for certain software products that prohibits the use of prior versions of the software products after upgrading to new versions. We took a look at our upgrade policy and have decided to, with respect to certain Macromedia product versions described below, change the upgrade policy that is currently reflected in such product’s End User License Agreements.

 

What is changing in the policy?

Now, when customers upgrade to more recent versions of certain Macromedia products (see below for the specific products), they can use prior versions of the software product used to upgrade on the same computer. The previous policy prohibited the use of prior versions. Please see below for fully details on this policy change.

What products are affected by this upgrade policy change?

The upgrade policy change affects the following product versions only, EXCEPT with respect to Education Versions*:

*The upgrade policy for Education Versions remains unchanged.

What is the applicable upgrade policy language and what section of the End User License Agreement does it effect?

The wording below replaces in its entirety Section 4 of the current End User License Agreement for the applicable products (except, with respect to such products licensed under DevNet Subscriptions, the wording below replaces Section 4(e) of the DevNet Subscriptions End User License Agreement):

"Except if the Software is an Education Version:

If this copy of the Software is an upgrade from an earlier version of the Software, you must possess a valid full license to a copy of an earlier version of the Software used to upgrade to this upgrade copy in order to install and/or use this upgrade copy. You may continue to use each earlier version copy of the Software to which this upgrade copy relates on your computer after you receive this upgrade copy, provided that, (i) the upgrade copy and the earlier version copy are installed and/or used on the same computer only and the earlier version copy is not installed and/or used on any other computer; (ii) you comply with the terms and conditions of the earlier version’s end user license agreement with respect to the installation and/or use of such earlier version copy; (iii) the earlier version copy or any copies thereof on any computer are not transferred to another computer unless all copies of this upgrade copy on such computer are also transferred to such other computer; (iv) the earlier version copy or any copies thereof are not transferred to any other party unless you also transfer this upgrade copy and any copies thereof to such other party in accordance with Section 3; and (v) you acknowledge and agree that any obligation Macromedia may have to support and/or offer support for the earlier version of the Software may be ended upon availability of the upgrade.

If the Software is an Education Version:

If this copy of the Software is an upgrade from an earlier version of the Software, you must possess a valid full license to a copy of an earlier version of the Software used to upgrade to this upgrade copy in order to install and/or use this upgrade copy, and the upgrade copy is provided to you on a license exchange basis. You agree by your installation and use of such copy of the Software to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software or transfer it to another person or entity unless such transfer is pursuant to Section 3.”

What is the policy for Education Versions?

The upgrade policy remains unchanged for Education Versions. The license to the upgrade you purchased replaces the license to the prior version and you may not use or transfer the prior version in any way. Please see the changed upgrade policy language above.

When does this policy change take effect?

The policy change takes effect immediately and applies to all of the product versions affected by this change as indicated above, no matter when you purchased them.

Can I use the prior versions from which I upgraded on a different computer than the upgrade copy?

No. The upgrade and previous versions of the product from which you upgraded must be used on the same computer only. Please see the changed upgrade policy language above.

Can I give any previous version of the product for which I used to upgrade to someone else?

No.