ADOBE
Software License
Agreement
NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY. BY COPYING, INSTALLING OR USING ALL
OR ANY PORTION OF THE 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 SECTIONS 6 AND 7;
LIABILITY IN SECTION 8; AND SPECIFIC PROVISIONS AND EXCEPTIONS IN SECTION 14. YOU
AGREE THAT THIS AGREEMENT IS 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: FOR EXAMPLE, IF
APPLICABLE, YOUR EMPLOYER. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT,
DO NOT USE THE SOFTWARE. VISIT HTTP://WWW.ADOBE.COM FOR TERMS OF AND
LIMITATIONS ON RETURNING THE SOFTWARE FOR A REFUND.
You may have another written agreement directly with Adobe
(e.g., a volume license agreement) that supplements or supersedes all or
portions of this agreement.
Adobe and its suppliers own all intellectual property in the
Software. The Software is licensed, not sold. Adobe permits you to copy,
download, install, use, or otherwise benefit from the functionality or
intellectual property of 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 or "Read Me" file located near such materials.
The Software may include product activation and other technology
designed to prevent unauthorized copying. The activation technology may prevent
your Use of the Software if you do not follow the activation process described
in the Software and Documentation. Visit http://www.adobe.com for information about product
activation.
1. Definitions.
"Adobe"
means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San
Jose, California 95110, if subsection 10 (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.
"Computer" means a computer device that accepts
information in digital or similar form and manipulates it for a specific result
based on a sequence of instructions.
"Internal Network" means a private, proprietary
network resource accessible only by employees and individual contractors (i.e.,
temporary employees) of a specific corporation or similar business entity.
Internal Network does not include the Internet or any other network community open
to the public, including but not limited to membership or subscription driven
groups, associations and similar organizations.
"Permitted Number" means five (5) unless otherwise
indicated under a valid license (e.g., volume license) granted by Adobe.
"Software" means (a) all of the information with
which this agreement is provided, including but not limited to (i) Adobe or
third party software files and other computer information; (ii) sample and
stock photographs, images, sounds, clip art and other artistic works
("Stock Files"); (iii) related explanatory written materials
and files ("Documentation"); and (iv) fonts; and (b) any modified
versions and copies of, and upgrades, updates and additions to, such
information, provided to you by Adobe at any time, to the extent not provided
under a separate agreement (collectively, "Updates").
2. Software License. As long as you obtained the
Software from Adobe or one of its authorized licensees and as long as you
comply with the terms of this agreement, Adobe grants you a non-exclusive
license to use the Software in the manner and for the purposes described in the
Documentation, as further set forth below. See Section 14 for specific
provisions related to certain components.
2.1 General Use. You may install and use one copy of
the Software on up to the Permitted Number of your compatible Computers; or
2.2 Server Deployment. You may install one copy of the
Software on one Computer file server within your Internal Network for the
purpose of downloading and installing the Software on up to the Permitted
Number of other Computers within the same Internal Network; or
2.3 Server Use. You may install one copy of the
Software on one Computer file server within your Internal Network for the
purpose of using the Software through commands, data or instructions (e.g.,
scripts) from another Computer within the same Internal Network, provided that
the total number of users (not the concurrent number of users) that are
permitted to use the Software on such Computer file server does not exceed the
Permitted Number. No other network use is permitted, including, but not limited
to use of the Software, either directly or through commands, data or
instructions, from or to a Computer not part of your Internal Network, for
Internet or web hosting services or by any user not licensed to use this copy
of the Software under a valid license from Adobe; and
2.4 Portable or Home Computer Use. The primary
user of the Computer on which the Software is installed may install 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 Backup Copy. You may make a reasonable
number of backup copies of the Software, provided your backup copies are not
installed or used for other than archival purposes.
2.6 Stock Files. Unless stated otherwise in the
"Read-Me" files associated with the Stock Files, which may include
specific rights and restrictions with respect to such materials, you may
display, modify, reproduce and distribute any of the Stock Files. However, you
may not distribute the Stock Files on a stand-alone basis (i.e., in
circumstances in which the Stock Files constitute the primary value of the
product being distributed). Stock Files may not be used in the production of
libelous, defamatory, fraudulent, lewd, obscene or pornographic material or any
material that infringes upon any third party intellectual property rights or in
any otherwise illegal manner. You may not claim any trademark rights in the
Stock Files or derivative works thereof.
3.
Intellectual Property Ownership. 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 but not limited to 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.
4. Restrictions.
4.1 Notices. You may not copy the Software except as
set forth in Section 2 and 14. Any permitted copy of the Software that you make
must contain the same copyright and other proprietary notices that appear on or
in the Software.
4.2 No Modifications. Except as permitted in Section
14.7, you may not modify, adapt or translate 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 under
applicable law to decompile only in order to achieve interoperability with the
Software.
4.3 No Unbundling. The Software may include various
applications, utilities and components, may support multiple platforms and
languages and may be provided to you on multiple media or in multiple copies.
Nonetheless, the Software is designed and provided to you as a single product
to be used as a single product on Computers as permitted by Sections 2 and 14.
You are not required to use all component parts of the Software, but you may
not unbundle the component parts of the Software for use on different
Computers. You may not unbundle or repackage the Software for distribution,
transfer or resale. See Section 14 for specific exceptions to this Section.
4.4 No
Transfer. YOU MAY NOT RENT, LEASE, SELL, SUBLICENSE, ASSIGN OR TRANSFER YOUR
RIGHTS IN THE SOFTWARE, OR AUTHORIZE ANY PORTION OF THE SOFTWARE TO BE COPIED
ONTO ANOTHER INDIVIDUAL OR LEGAL ENTITY'S COMPUTER EXCEPT AS MAY BE PERMITTED
HEREIN. You may, however, transfer all your rights to use the Software to
another individual or legal entity provided that: (a) you also transfer (i)
this agreement, (ii) the serial number(s), the Software and all other software
or hardware bundled, packaged or pre-installed with the Software, including all
copies, upgrades, updates and prior versions, and (iii) all copies of font
software converted into other formats to such individual or entity; (b)
you retain no upgrades, updates or 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 under which you purchased a
valid license to the Software. Notwithstanding
the foregoing, you may not transfer education, pre-release, or not for resale
copies of the Software. Prior to a transfer Adobe may require that you
and the receiving party confirm in writing your compliance with this agreement,
provide Adobe with information about yourselves, and register as end-users of
the Software. Allow 4-6 weeks to transfer. Please visit http://www.adobe.com/support/main.html
or contact Adobe's Customer Support Department for more information.
5.
Updates. If the Software is an upgrade or update to a previous version of the
Software, you must possess a valid license to such previous version in order to
use such upgrade or update. All upgrades and updates are provided to you on a
license exchange basis. You agree that by using an upgrade or 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 upgrade or update but only to assist you in the
transition to the upgrade or update, provided that the upgrade or update and
the previous versions are installed on the same computer. Upgrades and updates
may be licensed to you by Adobe with additional or different terms.
6. LIMITED WARRANTY. Except as may be otherwise provided in
Section 14, Adobe warrants to the individual or entity that first purchases a
license for the Software for use on Computers pursuant to the terms of this
agreement that the Software will perform substantially in accordance with the
Documentation for the ninety (90) day period following receipt of the Software
when used on the recommended operating system and hardware configuration.
Non-substantial variation of performance from the Documentation does not
establish a warranty right. This limited
warranty does not apply to PATCHES, FONT SOFTWARE CONVERTED INTO OTHER FORMATS,
pre-release (BETA), tryout, STARTER, evaluation, product sampler, OR NOT
FOR RESALE (NFR) COPIES OF SOFTWARE, OR WEBSITES, ONLINE SERVICES OR CD
SERVICES (See Section 14). All warranty claims must be made, along with proof
of purchase, within such ninety (90) day period. If the Software does not
perform substantially in accordance with the Documentation, the entire
liability of Adobe and its affiliates and your exclusive remedy will be limited
to either, at Adobefs option, replacement of the Software or refund of the
license fee you paid for the Software. THE LIMITED WARRANTY SET FORTH IN THIS
SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS WHICH
VARY FROM JURISDICTION TO JURISDICTION. For further warranty information,
please see the jurisdiction specific provisions at the end of this agreement,
if any, or contact the Adobe Customer Support Department.
7. DISCLAIMER. THE FOREGOING LIMITED WARRANTY IS
THE ONLY WARRANTY MADE BY ADOBE AND ITS AFFILIATES AND STATES THE SOLE AND
EXCLUSIVE REMEDIES FOR ADOBE, ITS AFFILIATES OR SUPPLIERS' BREACH OF WARRANTY.
EXCEPT FOR THE FOREGOING LIMITED WARRANTY AND ANY WARRANTY, CONDITION,
REPRESENTATION OR TERM TO THE EXTENT THE SAME CANNOT OR MAY NOT BE EXCLUDED OR
LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS AFFILIATES
AND SUPPLIERS PROVIDE THE SOFTWARE AND ACCESS TO ANY WEBSITES, ONLINE SERVICES
AND CD SERVICES AS-IS AND WITH ALL FAULTS AND
EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS,
EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE
AS TO ANY MATTER, INCLUDING BUT NOT LIMITED TO PERFORMANCE, SECURITY,
NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, QUIET
ENJOYMENT, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. The
provisions of Sections 7 and Section 8 will survive the termination of this
agreement, howsoever caused, but this will not imply or create any continued
right to use the Software after termination of this Agreement.
8. LIMITATION OF LIABILITY.
EXCEPT FOR THE EXCLUSIVE REMEDY SET FORTH ABOVE AND AS OTHERWISE PROVIDED IN
SECTION 14, IN NO EVENT WILL ADOBE OR ITS AFFILIATES OR SUPPLIERS BE LIABLE TO
YOU FOR ANY LOSS, DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY
CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST
SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR
FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF AN ADOBE
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES,
CLAIMS OR COSTS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT
PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ADOBEfS AGGREGATE LIABILITY
AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS
AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. THIS
LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR
A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. Nothing
contained in this agreement limits Adobefs liability to you in the event of
death or personal injury resulting from Adobefs negligence or for the tort of
deceit (fraud). Adobe is acting on behalf of its affiliates and suppliers for
the purpose of disclaiming, excluding and limiting obligations, warranties and
liability, 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 the Adobe 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 an export controlled item under the Export Laws, you represent
and warrant that you are not a citizen of, or located within, an embargoed or
otherwise restricted nation (including without limitation Iran, Iraq, 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 in: (a) the State of California, if a
license to the Software is purchased when you are in the United States, Canada,
or Mexico; or (b) Japan, if a license to the Software is purchased 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 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 London, 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 will remain valid and enforceable according to its
terms. This agreement will not prejudice the statutory rights of any party
dealing as a consumer. For example, for consumers in New Zealand who obtain the
Software for personal, domestic or household use (not business purposes), this
agreement is subject to the Consumer Guarantees Act. This agreement may only be
modified by a writing signed by an authorized officer of Adobe. The English
version of this agreement will be the version used when interpreting or
construing this agreement. 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.
12.1 Commercial Items. The Software and Documentation
are "Commercial Item(s)," as that term is defined at 48 C.F.R.
Section 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. Sections 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.
12.2
U.S. Government Licensing of Adobe Technology. You agree that when licensing
Adobe Software for acquisition by the U.S. Government, or any contractor
therefore, you will license consistent with the policies set forth in 48 C.F.R.
Section 12.212 (for civilian agencies) and 48 C.F.R. Sections 227-7202-1 and
227-7202-4 (for the Department of Defense). 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 will be incorporated
by reference in this agreement.
13.
Compliance with Licenses. If you are a business, company or organization, you
agree that upon request from Adobe or its authorized representative you will within
thirty (30) days fully document and certify that use of any and all Adobe
software at the time of the request is in conformity with your valid licenses
from Adobe.
14. Specific Provisions and Exceptions. This section
sets forth specific provisions related to certain components of the Software as
well as limited exceptions to the above terms and conditions. To the extent
that any provision in this section is in conflict with any other term or
condition in this agreement, this section will supersede such other term or
condition.
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 6 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
will not 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, STARTER, product
sampler AND NOT FOR RESALE (NFR) COPIES OF SOFTWARE, OR TO font software converted into other formats,
WEB SITES, ONLINE SERVICES, CD SERVICES OR SOFTWARE THAT HAS BEEN
ALTERED BY YOU, TO THE EXTENT SUCH ALTERATION 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 the Adobe 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 and its affiliates'
statutory liability for damages will be limited as follows: (i) Adobe and
its affiliates will 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 and its affiliates will 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 will 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 Software Additional Terms. If the Software is pre-commercial
release or beta software ("Pre-release Software"), then this Section
applies. The Pre-release 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. Adobe may never
commercially release the Pre-release Software. If you received 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 will return or destroy all copies of
Pre-release Software upon request by Adobe or upon Adobe's commercial release
of such Software. YOUR USE OF PRE-RELEASE SOFTWARE IS AT YOUR OWN RISK. SEE
SECTIONS 7 and 8 FOR WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS WHICH
GOVERN PRE-RELEASE SOFTWARE.
14.4
Tryout, Product Sampler, NFR, Additional Terms. If the Software is tryout,
starter, product sampler, or NFR software ("Tryout Software"), then
the following Section applies. The Tryout Software may contain limited
functionality and is to be used for demonstration and evaluation purposes only
and not for your commercial purposes. YOUR USE OF TRYOUT SOFTWARE IS AT YOUR
OWN RISK. SEE SECTIONS 7 and 8 FOR WARRANTY DISCLAIMERS AND LIABILITY
LIMITATIONS WHICH GOVERN TRYOUT SOFTWARE.
14.5 Time
Out Software. If the Software is a timeout version then it will cease
operations after a designated period of time or number of launches following
installation. The license hereunder will terminate after such period or number
of launches unless extended by Adobe upon your acquisition of a full retail
license. Access to any files or output
created with such Software or any product associated with such Software is
entirely at your own risk.
14.6 Educational Software Product. If the Software
accompanying this agreement is Educational Software Product (Software
manufactured and distributed for use by only Educational End Users), you are
not entitled to use the Software unless you qualify in your jurisdiction as an
Educational End User. Please visit http://www.adobe.com/education/purchasing to
learn if you qualify. To find an Adobe Authorized Academic Reseller in your
area, please visit http://www.adobe.com/store and look for the link for Buying
Adobe Products Worldwide.
14.7. Font Software. If the Software includes font software
--
14.7.1 You may use the font software with the Software on
Computers as described in Section 2 and output the font software to any output
device(s) connected to such Computer(s).
14.7.2 If the Permitted Number of Computers is five or
fewer, you may download the font software to the memory (hard disk or RAM) of
one output device connected to at least one of such Computers for the purpose
of having the font software remain resident in such output device, and of one
additional such output device for every multiple of five represented by the
Permitted Number of Computers.
14.7.3 You may take a copy of the font(s) you have used for
a particular file to a commercial printer or other service bureau, and such
service bureau may use the font(s) to process your file, provided such service
bureau has a valid license to use that particular font software.
14.7.4 You may convert and install the font software into
another format for use in other environments, subject to the following
conditions: A computer on which the converted font software is used or
installed will be considered as one of your Permitted Number of Computers. Use
of the font software you have converted will be pursuant to all the terms and
conditions of this agreement. Such converted font software may be used only for
your own customary internal business or personal use and may not be distributed
or transferred for any purpose, except in accordance with Section 4.4 of this
agreement.
14.7.5 You may embed copies of the font software into your
electronic documents for the purpose of printing and viewing the document. If
the font software you are embedding is identified as "licensed for
editable embedding" on Adobefs website at
http://www.adobe.com/type/browser/legal/embeddingeula.html, you may also embed
copies of that font software for the additional purpose of editing your
electronic documents. No other embedding rights are implied or permitted under
this license.
14.8
Online Services.
14.8.1 The
Software may rely upon or facilitate your access to websites maintained by
Adobe or its affiliates or third parties offering goods, information, software
and services ("Online Services"). Your access to and use of any
website is governed by the terms, conditions, disclaimers and notices found on
such site, for example, the Terms of Use located at http://www.adobe.com/misc/copyright.html.
Adobe may at any time, for any reason, modify or discontinue the availability
of any website and Online Services.
14.8.2
Adobe does not control, endorse or accept responsibility for websites or Online
Services offered by third parties. Any dealings between you and any third party
in connection with a website or Online Services, including delivery of and
payment for goods and services and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
third party.
14.8.3
EXCEPT AS EXPRESSLY AGREED BY ADOBE OR ITS AFFILIATES OR A THIRD PARTY IN A
SEPARATE AGREEMENT, YOUR USE OF WEBSITES AND ONLINE SERVICES IS AT YOUR OWN
RISK. PLEASE SEE SECTIONS 7 AND 8 FOR WARRANTY AND LIABILITY LIMITATIONS WHICH
GOVERN WEBSITES AND ONLINE SERVICES.
14.9 After Effects Professional
Render Engine. If the Software includes the full version of Adobe After Effects
Professional, then you may install an unlimited number of Render Engines on
Computers within your Internal Network that includes at least one Computer on
which the full version of the Adobe After Effects Professional software is
installed. The term "Render Engine" means an installable portion of
the Software that allows After Effects projects to be rendered but cannot be
used to create or modify projects and does not include the complete After
Effects user interface.
14.10
GoLive
Co-Author. If the
Software includes Adobe Creative Suite or Adobe GoLive software and
includes the GoLive Co-Author software component, then as an alternative to
installing and using a single copy of GoLive Co-Author software with the other
Software components as permitted in Section 2.1, you may either (a) install and
use the GoLive Co-Author software on a
Permitted Number of your Computers on which the other Software components are
not installed or (b) distribute one copy of GoLive
Co-Author software to a Permitted Number of individuals or legal
entities for installation and use by each such individual or entity on one
Computer; provided that each such individual or entity accepts the terms and conditions of
this agreement and any other terms and conditions under which you purchased a
valid license to the Software. Such individual or entity may not further
distribute GoLive
Co-Author software. If
the Software is GoLive Co-Author software that you obtained on a standalone basis (i.e., not as a part
of Adobe Creative Suite or GoLive software), then this Section does not
apply.
14.11
Version Cue Software. If the Software includes Adobe Creative Suite software
and the Version Cue software components, then as an alternative to installing
and using a single copy of the Version Cue workspace component with the other
components of the Software as permitted in Section 2.1, you may install the
Version Cue workspace component on one Computer file server within your
Internal Network that includes at least one computer on which Adobe Creative
Suite software is installed. You may use Version Cue workspace software only
for the purpose of operating a workspace accessible only by Computers on such
Internal Network. No other network use is permitted, including, but not limited
to enabling Internet or web hosted workgroups or services.
14.12
Certified Documents. If the Software allows you to author and validate
Certified Documents, then this Section applies.
14.12.1
Certified Documents and CD Services. A "Certified
Document" or "CD" is a PDF file that has been digitally signed
using (a) the Software CD feature set; (b) a certificate; and (c) a "private"
encryption key that corresponds to the "public" key in the
certificate. Authoring of a CD requires that you obtain a certificate from an
authorized CD Service Provider. "CD Service Provider" is an
independent third party service vendor listed at http://www.adobe.com/security/partners_cds.html.
Validation of a CD requires CD Services from the CD Service Provider that
issued the certificate. "CD Services" are services provided by CD
Service Providers, including but not limited to (a) certificates issued by such CD Service Provider
for use with the Softwarefs CD feature set; (b) services related to issuance of
certificates; and (c) other services related to certificates, including but not
limited to verification services.
14.12.2
CD Service Providers. Although the Software provides CD authoring and
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 14.12 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.
14.12.3
Warranty Disclaimer and Limitation of Liability. CD Service Providers offer CD
Services solely in accordance with the applicable Issuer Statement. EXCEPT AS
MAY BE PROVIDED IN AN ISSUER STATEMENT, YOUR USE OF CD SERVICES IS AT YOUR OWN
RISK. SEE SECTIONS 7 AND 8 FOR WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS
WHICH GOVERN CD SERVICES.
14.12.4
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.
14.12.5
Third Party Beneficiaries. You agree that any CD Service Provider you utilize
will be a third party beneficiary with respect to this Section of this
agreement and that such CD Service Provider will have the right to enforce such
provisions in its own name as if the CD Service Provider were Adobe.
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 to contact the Adobe office serving your jurisdiction.
Adobe, After Effects, Co-Author,
GoLive and Version Cue are either the registered trademarks or trademarks of
Adobe Systems Incorporated in the United States and/or other countries.
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