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Agreement
THE COMPANY OR ORGANIZATION SET FORTH ABOVE IS REFERRED TO AS "LICENSEE" IN THIS AGREEMENT.
2. LICENSE.
(a) License Grant. Upon the acceptance of this Agreement Adobe hereby grants to Licensee, and Licensee accepts, a worldwide, nonexclusive, nontransferable, personal right to use, under the terms of this Agreement, any of the following Web Logos: "Get Acrobat® Reader®" logo; "Get Acrobat® eBook Reader™" logo; "Adobe® PDF" logo; "CREATE ADOBE® PDF Online" logo; "Made with GoLive®" logo; "Animated by LiveMotion™" logo; and/or "Download SVG Viewer" logo (collectively, the "Web Logos").
(b) License Restrictions. Nothing in this Agreement shall give Licensee any right, title or interest in the Web Logos, other than the license rights granted herein. Licensee shall not assign, transfer or sublicense this Agreement (or any right granted herein) without the prior written consent of Adobe. Licensee agrees not to use the Web Logos in any way that would disparage or injure Adobe's reputation for high quality.
3. USE AND GUIDELINES.
(a) Use. The Web Logos may be used only to identify Adobe as the source of Adobe products and, as specifically indicated below, to link to Adobe's official Web site (currently http://www.adobe.com/) and/or an Adobe technology download page and/or a Portable Document Format (PDF) file created using an Adobe Acrobat product, as specifically indicated below:
(i) Licensee may use the "Get Acrobat® Reader®" Web logo solely as an indicator of an active link to Adobe Acrobat products on Adobe's official Web site or an Adobe authorized Adobe Reader software download page on a company intranet or local network;
(ii) Licensee may use the "Get Acrobat® eBook Reader™" Web logo solely as an indicator of an active link to Adobe Acrobat products on Adobe's official Web site or an Adobe authorized Adobe Acrobat eBook Reader software download page;
(iii) Licensee may use the "Adobe® PDF" Web logo solely as an indicator of an active link to a Portable Document Format file with a .pdf filename extension created using an Adobe Acrobat product;
(iv) Licensee may use the "Made with GoLive®" Web logo solely on Web pages created using Adobe's proprietary GoLive software and such use shall be only as an indicator of an active link to Adobe's official Web site.
(v) Licensee may use the "Animated by LiveMotion™" Web logo solely on Web pages created using Adobe's proprietary LiveMotion software and such use shall be only as an indicator of an active link to Adobe's official Web site.
(vi) Licensee may use the "Download SVG Viewer" and "SVG Powered" Web logos solely as an indicator of an active link to Adobe's official Web site and in conjunction with Adobe's plug-in product for rendering scalable vector graphics available for download at http://www.adobe.com/svg/viewer/ install/.
(vii) Licensee may use the "CREATE Adobe® PDF Online" logo solely as an indicator of an active link to Adobe's Create Adobe PDF Online Web site at http://cpdf1.adobe.com.
(b) Guidelines for Use of Web Logos. Licensee may use the Web Logos so long as such use complies with this Agreement and with the "Guidelines for Third Parties Who Use Adobe Trademarks," available from the Adobe Web site at http://www.adobe.com/misc/pdfs/tmguide.pdf. In addition:
(i) You shall only display the Web Logos on your Web site and not in any other manner. The Web logos must always be an indicator of an active link in accordance with the guidelines applicable to each Web logo as indicated herein;
(ii) The Web Logos must appear with a minimum spacing (equal to the height of the logo) between each side of the logo and any graphical or textual elements on your page;
(iv) The Web Logos shall not be altered in any way, including but not limited to, skewing, changing the color, rotating, separating logo elements or changing a typeface;
(v) You may reproduce the Web Logos only from electronic files provided by Adobe;
(v) You may only display the Web Logos on a Web page that makes accurate references to Adobe or its products;
(vi) You may not display the Web Logos in any manner that implies affiliation with, sponsorship, or endorsement by Adobe;
(vii) You may not display the Web Logos on any Web site that disparages Adobe or its products, infringes Adobe's intellectual property, or violates any state, federal, or international laws.
(c) Protecting Web Logos. Licensee acknowledges Adobe's ownership of the Web Logos. Licensee shall employ best efforts to use the Web Logos in a manner that does not derogate from Adobe's rights in the Web Logos and will take no action that will interfere with or diminish Adobe's rights in the Web Logos. All uses of the Web Logos by Licensee will inure to the benefit of Adobe. Licensee will not use the Web Logos in any way as an endorsement or sponsorship by Adobe of a Licensee product, or Licensee's Web site, services, information or other content.
4. QUALITY STANDARD; INSPECTION AND APPROVAL.
(a) Standard. Licensee agrees to maintain the quality of Licensee's use of the Web Logos that meets or exceeds industry standards.
(b) Inspection. Upon reasonable request from Adobe, Licensee shall notify Adobe of the locations of Licensee's use of the Web Logos and/or furnish Adobe with suitable specimens of Licensee's use of the Web Logos. Adobe may review Licensee's use of the Web Logos periodically to evaluate Licensee's compliance with the quality standards described in this Agreement. Licensee shall remedy any material deficiencies in its use of the Web Logos, upon reasonable notice from Adobe.
(c) Licensee's Liability. Licensee shall indemnify, defend, and hold harmless Adobe from and against any claims relating to Licensee's use of the Web Logos that does not comply with this Agreement.
5. WARRANTY, INDEMNIFICATION, AND LIMITATION OF LIABILITY.
(a) Noninfringement. Adobe represents and warrants that use of the Web Logos in the United States in compliance with this Agreement does not infringe any third party's United States trademark.
(b) Indemnification. Subject to 5(c) below, Adobe agrees to indemnify, defend, and hold Licensee harmless from and against damages, costs, and expenses (including reasonable attorneys' fees) incurred in connection with a claim which, if true, would constitute a breach of the foregoing warranty, provided Adobe is notified promptly in writing of any applicable infringement claim and has sole control over its defense or settlement, and Licensee provides reasonable assistance in the defense of the same. If Adobe, at its discretion, provides Licensee with a substitute Web Logo hereunder, Licensee shall bear all liability for continued use of the previous Web Logo. Adobe shall have no liability under this Section 5 if the Web Logos used by Licensee are not reproduced from electronic files provided by Adobe.
(c) Limitation of Liability. ADOBE MAKES NO OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEB LOGOS. IN NO EVENT SHALL ADOBE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING LOSS OF BUSINESS PROFITS) ARISING FROM OR RELATED TO LICENSEE'S USE OF THE WEB LOGOS, EVEN IF ADOBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. TERM AND TERMINATION. The date of acceptance of this Agreement by Licensee shall be the Effective Date of this Agreement. The term of this Agreement shall be for a period of three (3) years from the Effective Date and will automatically renew for successive one year terms unless either party gives the other party written notice that it will not renew the agreement at least thirty (30) days in advance of the renewal date. Adobe shall have the right to terminate this Agreement with cause upon fifteen (15) days prior written notice if it determines, in its sole discretion, that Licensee is not using the Web Logos in compliance with this Agreement. Adobe may terminate this Agreement for any reason upon sixty (60) days prior written notice. From and after termination or expiration of this Agreement, Licensee shall cease and desist from all use of the Web Logos.
7. NOTICES. All notices under this Agreement shall be in writing and shall be deemed given if delivered personally, mailed by registered or certified mail, return receipt requested, or sent by facsimile with a receipt confirmed by telephone, to Licensee at the address set forth herein, to Adobe Systems Incorporated at 345 Park Avenue, San Jose, CA 95110
8. MISCELLANEOUS. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof and shall not be amended except by a written agreement subsequent to the Effective Date and signed by authorized representatives of each party.
This Agreement shall be governed by and construed in accordance with the laws of the State of California. Licensee hereby consents to jurisdiction and venue in the state and federal courts sitting in the State of California. If either party employs attorneys to enforce any rights arising out of or related to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs, and other expenses.
No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement shall not be construed as creating a partnership, joint venture or agency relationship or as granting a franchise.
