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lack 08/10/15 16:44:34 |
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Added: AdobeFlash-10 |
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Log: |
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Slightly updated Adobe EULA needed for >=net-www/flash-player-10 |
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Revision Changes Path |
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1.1 licenses/AdobeFlash-10 |
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file : http://sources.gentoo.org/viewcvs.py/gentoo-x86/licenses/AdobeFlash-10?rev=1.1&view=markup |
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plain: http://sources.gentoo.org/viewcvs.py/gentoo-x86/licenses/AdobeFlash-10?rev=1.1&content-type=text/plain |
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Index: AdobeFlash-10 |
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=================================================================== |
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ADOBE SYSTEMS INCORPORATED |
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ADOBE® SOFTWARE LICENSE AGREEMENT |
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NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING, COPYING |
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OR DISTRIBUTING ALL OR ANY PORTION OF THE ADOBE SOFTWARE ("SOFTWARE") |
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YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, |
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IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; |
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TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 7; AND LIABILITY IN |
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SECTION 8. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY |
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WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS |
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ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE |
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SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO NOT AGREE, DO NOT |
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USE THIS SOFTWARE. |
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|
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Adobe and its suppliers own all intellectual property in the Software. Adobe permits you to Use the |
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Software only in accordance with the terms of this Agreement. Use of some third party materials |
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included in the Software may be subject to other terms and conditions typically found in a separate |
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license agreement, a “Read Me” file located near such materials or in the “Third Party Software |
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Notices and/or Additional Terms and Conditions” found at http://www.adobe.com/go/thirdparty. |
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|
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1. Definitions. "Software" means (a) all of the contents of the files (provided either by electronic |
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download, on physical media or any other method of distribution), disk(s), CD-ROM(s) or other |
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media with which this Agreement is provided, including but not limited to (i) Adobe or third party |
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computer information or software, including the Adobe Reader® ("Adobe Reader"), Adobe Flash® |
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Player, Shockwave® Player and Authorware® Player (collectively, the Flash, Shockwave and |
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Authorware players, are the "Web Players"); (ii) related explanatory written materials or files |
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("Documentation"); and (iii) fonts; and (b) upgrades, modified versions, updates, additions, and |
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copies of the Software, if any, licensed to you by Adobe (collectively, "Updates"). "Use" or "Using" |
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means to access, install, download, copy, or otherwise benefit from using the functionality of the |
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Software in accordance with the Documentation. "Permitted Number" means one (1) unless |
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otherwise indicated under a valid license (e.g., volume license) granted by Adobe. "Computer" |
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means an electronic device that accepts information in digital or similar form and manipulates it for |
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a specific result based on a sequence of instructions. "Adobe" means Adobe Systems Incorporated, a |
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Delaware corporation, 345 Park Avenue, San Jose, California 95110, if subsection 9(a) of this |
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Agreement applies; otherwise it means Adobe Systems Software Ireland Limited, Unit 3100, Lake |
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Drive, City West Campus, Saggart D24, Republic of Ireland, a company organized under the laws of |
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Ireland and an affiliate and licensee of Adobe Systems Incorporated. |
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|
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2. Software License. If you obtained the Software from Adobe or one of its authorized licensees, |
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and subject to your compliance with the terms of this agreement (this "Agreement"), including the |
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restrictions in Setion 3, Adobe grants to you a non-exclusive license to Use the Software for the |
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purposes described in the Documentation as follows. |
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2.1 General Use. You may install and Use a copy of the Software on your compatible Computer, up |
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to the Permitted Number of computers. The Software may not be shared, installed or used |
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concurrently on different computers. See Section 3 for important restrictions on the Use of Adobe |
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Reader and Web Players. |
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2.2 Server Use and Distribution. |
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2.2.1 You may install one copy of the Adobe Reader on a computer file server within your internal |
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network for the sole and exclusive purpose of (a) using the Software (from an unlimited number of |
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client computers on your internal network) via (i) the Network File System (NFS) for UNIX |
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versions of the Software or (ii) Windows Terminal Services and (b) allowing for printing within your |
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internal network. Unless otherwise expressly permitted hereunder, no other server or network use of |
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the Software is permitted, including but not limited to use of the Software (i) either directly or |
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through commands, data or instructions from or to another computer or (ii) for internal network, |
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internet or web hosting services. |
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2.2.2 For information on how to distribute the Software on tangible media or through an internal |
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network please refer to the sections entitled "How to Distribute Adobe Reader" at |
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http://www.adobe.com/products/acrobat/distribute.html; or "Distribute Macromedia Web Players" at |
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http://www.adobe.com/licensing. |
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2.3 Backup Copy. You may make one backup copy of the Software, provided your backup copy is |
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not installed or used on any Computer. You may not transfer the rights to a backup copy unless you |
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transfer all rights in the Software as provided under Section 4. |
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2.4 Portable or Home Computer Use. If and only if the Software is Adobe Reader, in addition to the |
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single copy permitted under Sections 2.1 and 2.2, the primary user of the Computer on which the |
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Software is installed may make a second copy of the Software for his or her exclusive Use on either |
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a portable Computer or a Computer located at his or her home, provided the Software on the portable |
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or home Computer is not used at the same time as the Software on the primary computer. |
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2.5 No Modification. |
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2.5.1 You may not modify, adapt, translate or create derivative works based upon the Software. You |
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may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code |
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of the Software except to the extent you may be expressly permitted to decompile under applicable |
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law, it is essential to do so in order to achieve operability of the Software with another software |
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program, and you have first requested Adobe to provide the information necessary to achieve such |
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operability and Adobe has not made such information available. Adobe has the right to impose |
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reasonable conditions and to request a reasonable fee before providing such information. Any such |
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information supplied by Adobe and any information obtained by you by such permitted |
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decompilation may only be used by you for the purpose described herein and may not be disclosed |
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to any third party or used to create any software which is substantially similar to the expression of |
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the Software. Requests for information should be directed to the Adobe Customer Support |
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Department. |
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2.5.2 As an exception to the above, you may customize or extend the functionality of the installer |
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for the Adobe Reader as specifically allowed by instructions found at http://www.adobe.com/support |
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or http://www.adobe.com/go/reader_developer (e.g., installation of additional plug-in and help files). |
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You may not otherwise alter or modify the Software or create a new installer for the Software. The |
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Adobe Reader is licensed and distributed by Adobe for viewing, distributing and sharing PDF files. |
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2.6 Third Party Website Access. The Software may allow you to access third party websites ("Third |
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Party Sites"). Your access to and use of any Third Party Sites, including any goods, services or |
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information made available from such sites, is governed by the terms and conditions found at each |
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Third Party Site, if any. Third Party Sites are not owned or operated by Adobe. YOUR USE OF |
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THIRD PARTY SITES IS AT YOUR OWN RISK. ADOBE MAKES NO WARRANTIES, |
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CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, |
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WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY |
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OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD |
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PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, |
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SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR |
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PURPOSE WITH RESPECT TO THE THIRD PARTY SITES. |
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2.7 Certified Documents. |
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2.7.1 Certified Documents and CD Services. The Software may allow you to validate Certified |
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Documents. A "Certified Document" or “CD” is a PDF file that has been digitally signed using (a) a |
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certificate and (b) a “private” encryption key that corresponds to the “public” key in the certificate. |
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Validation of a CD requires CD Services from the CD Service Provider that issued the certificate. |
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“CD Service Provider” is an independent third party service vendor listed at |
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http://www.adobe.com/security/partners_cds.html. “CD Services” are services provided by CD |
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Service Providers, including without limitation (i) certificates issued by such CD Service Provider |
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for use with the Software’s CD feature set, (ii) services related to issuance of certificates, and (iii) |
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other services related to certificates, including without limitation verification services. |
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2.7.2 CD Service Providers. Although the Software may provide validation features, Adobe does |
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not supply the necessary CD Services required to use these features. Purchasing, availability and |
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responsibility for the CD Services are between you and the CD Service Provider. Before you rely |
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upon any CD, any digital signature applied thereto, and/or any related CD Services, you must first |
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review and agree to the applicable Issuer Statement and this Agreement. “Issuer Statement” means |
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the terms and conditions under which each CD Service Provider offers CD Services (see the links on |
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http://www.adobe.com/security/partners_cds.html), including for example any subscriber |
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agreements, relying party agreements, certificate policies and practice statements, and Section 2.7 of |
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this Agreement. By validating a CD using CD Services, you acknowledge and agree that (a) the |
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certificate used to digitally sign a CD may be revoked at the time of verification, making the digital |
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signature on the CD appear valid when in fact it is not, (b) the security or integrity of a CD may be |
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compromised due to an act or omission by the signer of the CD, the applicable CD Service Provider, |
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or any other third party and (c) you must read, understand, and be bound by the applicable Issuer |
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Statement. |
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2.7.3 Warranty Disclaimer. CD Service Providers offer CD Services solely in accordance with the |
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applicable Issuer Statement. ACCESS TO THE CD SERVICES THROUGH THE USE OF THE |
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SOFTWARE IS MADE AVAILABLE ON AN “AS IS” BASIS ONLY AND WITHOUT ANY |
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WARRANTY OR INDEMNITY OF ANY KIND (EXCEPT AS SUPPLIED BY A CD SERVICES |
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PROVIDER IN ITS ISSUER STATEMENT). ADOBE AND EACH CD SERVICE PROVIDER |
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(EXCEPT AS EXPRESSLY PROVIDED IN ITS ISSUER STATEMENT) MAKE NO |
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WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS |
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OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR |
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OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON- |
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INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, |
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SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS |
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FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE CD SERVICES. |
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2.7.4 Indemnity. You agree to hold Adobe and any applicable CD Service Provider (except as |
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expressly provided in its Issuer Statement) harmless from any and all liabilities, losses, actions, |
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damages, or claims (including all reasonable expenses, costs, and attorneys fees) arising out of or |
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relating to any use of, or reliance on, any CD Service, including, without limitation (a) reliance on an |
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expired or revoked certificate, (b) improper verification of a certificate, (c) use of a certificate other |
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than as permitted by any applicable Issuer Statement, this Agreement or applicable law; (d) failure to |
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exercise reasonable judgment under the circumstances in relying on the CD Services or (e) failure to |
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perform any of the obligations as required in an applicable Issuer Statement. |
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2.7.5 Limit of Liability. UNDER NO CIRCUMSTANCES WILL ADOBE OR ANY CD SERVICE |
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PROVIDER (EXCEPT AS EXPRESSLY SET FORTH IN ITS ISSUER STATEMENT) BE LIABLE |
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TO YOU, OR ANY OTHER PERSON OR ENTITY, FOR ANY LOSS OF USE, REVENUE OR |
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PROFIT, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS OR |
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FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, PUNITIVE, |
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EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO YOUR USE |
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OR RELIANCE UPON CD SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH |
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DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. THIS LIMITATION SHALL |
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APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A |
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BREACH OF THE FUNDAMENTAL OR MATERIALTERMS OF THIS AGREEMENT. |
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2.7.6 Third Party Beneficiaries. You agree that any CD Service Provider you utilize shall be a third |
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party beneficiary with respect to this Section 2.7 of this Agreement, and that such CD Service |
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Provider shall have the right to enforce such provisions in its own name as if the CD Service |
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Provider were Adobe. |
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|
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3. Restrictions. |
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3.1 Web Player Prohibited Devices. You may not Use any Web Player on any non-PC device or with |
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any embedded or device version of any operating system. For the avoidance of doubt, and by |
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example only, you may not use a Web Player on any (a) mobile devices, set top boxes (STB), |
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handhelds, phones, web pads, tablets and Tablet PCs that are not running Windows XP Tablet PC |
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Edition, game consoles, TVs, DVD players, media centers (excluding Windows XP Media Center |
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Edition and its successors), electronic billboards or other digital signage, internet appliances or other |
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internet-connected devices, PDAs, medical devices, ATMs, telematic devices, gaming machines, |
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home automation systems, kiosks, remote control devices, or any other consumer electronics device, |
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(b) operator-based mobile, cable, satellite, or television systems or (c) other closed system devices. |
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3.2 Notices. You shall not copy the Software except as set forth in Section 2. Any copy of the |
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Software that you make must contain the same copyright and other proprietary notices that appear on |
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or in the Software. |
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3.3 Document Features. The Software may contain features and functionality (the “Document |
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Features”) that appear disabled or “grayed out.” These Document Features will only activate when |
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opening a PDF document that was created using corresponding enabling technology available only |
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from Adobe (“Keys”). You agree not to access, or attempt to access, disabled Document Features or |
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otherwise circumvent the permissions that control activation of such Document Features. You may |
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only use the Document Features with PDF documents that have been enabled using Keys obtained |
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under a valid license from Adobe. No other use is permitted. |
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3.4 Adobe Reader Restrictions. You are not authorized to integrate or use the Adobe Reader with |
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any other software, plug-in or enhancement that uses or relies upon the the Adobe Reader when |
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converting or transforming PDF files into other file formats (e.g., a PDF file into a TIFF, JPEG, or |
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SVG file). You are not authorized to integrate or use the Adobe Reader with any plug-in software |
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not developed in accordance with the Adobe Integration Key License Agreement. Further, you are |
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not permitted to integrate or use the Adobe Reader with other software, or access PDF files that |
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contain instructions (e.g., JavaScript), in order to (a) save data locally (on the same Computer), (b) |
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create a file that contains data (e.g., an XML or comments file) or (c) save modifications to a PDF |
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file, except when such saving or creation is allowed through the use of Document Feature(s) enabled |
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by Adobe. |
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|
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4. Transfer. You may not rent, lease, sublicense, assign or transfer your rights in the Software, or |
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authorize all or any portion of the Software to be copied onto another user's Computer except as may |
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be expressly permitted herein. You may, however, transfer all your rights to Use the Software to |
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another person or legal entity provided that: (a) you also transfer (i) this Agreement, and (ii) the |
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Software and all other software or hardware bundled or pre-installed with the Software, including all |
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copies, Updates and prior versions, to such person or entity, (b) you retain no copies, including |
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backups and copies stored on a Computer, and (c) the receiving party accepts the terms and |
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conditions of this Agreement and any other terms and conditions upon which you legally purchased |
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a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre- |
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release, or not for resale copies of the Software. |
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|
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5. Intellectual Property Ownership, Copyright Protection. The Software and any authorized copies |
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that you make are the intellectual property of and are owned by Adobe Systems Incorporated and its |
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suppliers. The structure, organization and code of the Software are the valuable trade secrets and |
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confidential information of Adobe Systems Incorporated and its suppliers. The Software is protected |
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by law, including without limitation the copyright laws of the United States and other countries, and |
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by international treaty provisions. Except as expressly stated herein, this Agreement does not grant |
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you any intellectual property rights in the Software and all rights not expressly granted are reserved |
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by Adobe and its suppliers. |
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|
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6. Updates. If the Software is an Update to a previous version of the Software, you must possess a |
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valid license to such previous version in order to Use such Update. All Updates are provided to you |
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on a license exchange basis. You agree that by Using an Update you voluntarily terminate your right |
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to use any previous version of the Software. As an exception, you may continue to Use previous |
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versions of the Software on your Computer after you Use the Update but only to assist you in the |
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transition to the Update, provided that: (a) the Update and the previous versions are installed on the |
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same computer; (b) the previous versions or copies thereof are not transferred to another party or |
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Computer unless all copies of the Update are also transferred to such party or Computer; and (c) you |
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acknowledge that any obligation Adobe may have to support the previous versions of the Software |
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may be ended upon availability of the Update. |
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|
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7. NO WARRANTY. The Software is being delivered to you "AS IS" and Adobe makes no |
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warranty as to its use or performance. Adobe provides no technical support, warranties or remedies |
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for the Software. ADOBE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE |
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PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT |
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FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO |
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WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW |
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APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS MAKE NO |
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WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED |
239 |
WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY |
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MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY |
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RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS |
242 |
FOR ANY PARTICULAR PURPOSE. The provisions of Section 7 and Section 8 shall survive the |
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termination of this Agreement, howsoever caused, but this shall not imply or create any continued |
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right to Use the Software after termination of this Agreement. |
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|
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8. LIMITATION OF LIABILITY. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE |
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LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY |
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CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR |
249 |
LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE |
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POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY |
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ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE |
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EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ADOBE’S |
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AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION |
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WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE |
255 |
SOFTWARE, IF ANY. Nothing contained in this Agreement limits Adobe’s liability to you in the |
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event of death or personal injury resulting from Adobe’s negligence or for the tort of deceit (fraud). |
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Adobe is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting |
258 |
obligations, warranties and liability as provided in this Agreement, but in no other respects and for |
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no other purpose. For further information, please see the jurisdiction specific information at the end |
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of this Agreement, if any, or contact Adobe’s Customer Support Department. |
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|
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9. Export Rules. You agree that the Software will not be shipped, transferred or exported into any |
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country or used in any manner prohibited by the United States Export Administration Act or any |
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other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the |
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Software is identified as export controlled items under the Export Laws, you represent and warrant |
266 |
that you are not a citizen, or otherwise located within, an embargoed nation (including without |
267 |
limitation Iran, Syria, Sudan, Libya, Cuba, and North Korea) and that you are not otherwise |
268 |
prohibited under the Export Laws from receiving the Software. All rights to Use the Software are |
269 |
granted on condition that such rights are forfeited if you fail to comply with the terms of this |
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Agreement. |
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|
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10. Governing Law. This Agreement will be governed by and construed in accordance with the |
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substantive laws in force: (a) in the State of California, if a license to the Software is obtained when |
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you are in the United States, Canada, or Mexico; or (b) in Japan, if a license to the Software is |
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obtained when you are in Japan, China, Korea, or other Southeast Asian country where all official |
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languages are written in either an ideographic script (e.g., hanzi, kanji, or hanja), and/or other script |
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based upon or similar in structure to an ideographic script, such as hangul or kana; or (c) England, if |
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a license to the Software is purchased when you are in any other jurisdiction not described above. |
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The respective courts of Santa Clara County, California when California law applies, Tokyo District |
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Court in Japan, when Japanese law applies, and the competent courts of England, when the law of |
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England applies, shall each have non-exclusive jurisdiction over all disputes relating to this |
282 |
Agreement. This Agreement will not be governed by the conflict of law rules of any jurisdiction or |
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the United Nations Convention on Contracts for the International Sale of Goods, the application of |
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which is expressly excluded. |
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|
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11. General Provisions. If any part of this Agreement is found void and unenforceable, it will not |
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affect the validity of the balance of this Agreement, which shall remain valid and enforceable |
288 |
according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing |
289 |
as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of |
290 |
Adobe. Updates may be licensed to you by Adobe with additional or different terms. This is the |
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entire agreement between Adobe and you relating to the Software and it supersedes any prior |
292 |
representations, discussions, undertakings, communications or advertising relating to the Software. |
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|
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12. Notice to U.S. Government End Users. The Software and Documentation are "Commercial |
295 |
Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" |
296 |
and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 |
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or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 |
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through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer |
299 |
Software Documentation are being licensed to U.S. Government end users (a) only as Commercial |
300 |
Items and (b) with only those rights as are granted to all other end users pursuant to the terms and |
301 |
conditions herein. Unpublished-rights reserved under the copyright laws of the United States. Adobe |
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Systems Incorporated, 345 Park Avenue, San Jose, CA 95110-2704, USA. For U.S. Government End |
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Users, Adobe agrees to comply with all applicable equal opportunity laws including, if appropriate, |
304 |
the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans |
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Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of |
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1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. |
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The affirmative action clause and regulations contained in the preceding sentence shall be |
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incorporated by reference in this Agreement. |
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|
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13. Compliance with Licenses. If you are a business or organization, you agree that upon request |
311 |
from Adobe or Adobe’s authorized representative, you will within thirty (30) days fully document |
312 |
and certify that use of any and all Software at the time of the request is in conformity with your valid |
313 |
licenses from Adobe. |
314 |
|
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14. Specific Provisions and Exceptions. |
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14.1 Limited Warranty for Users Residing in Germany or Austria. If you obtained the Software in |
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Germany or Austria, and you usually reside in such country, then Section 7 does not apply, instead, |
318 |
Adobe warrants that the Software provides the functionalities set forth in the Documentation (the |
319 |
"agreed upon functionalities") for the limited warranty period following receipt of the Software |
320 |
when used on the recommended hardware configuration. As used in this Section, "limited warranty |
321 |
period" means one (1) year if you are a business user and two (2) years if you are not a business user. |
322 |
Non-substantial variation from the agreed upon functionalities shall not be considered and does not |
323 |
establish any warranty rights. THIS LIMITED WARRANTY DOES NOT APPLY TO SOFTWARE |
324 |
PROVIDED TO YOU FREE OF CHARGE, FOR EXAMPLE, UPDATES, PRE-RELEASE, |
325 |
TRYOUT, PRODUCT SAMPLER, NOT FOR RESALE (NFR) COPIES OF SOFTWARE, OR |
326 |
SOFTWARE THAT HAS BEEN ALTERED BY YOU, TO THE EXTENT SUCH ALTERATIONS |
327 |
CAUSED A DEFECT. To make a warranty claim, during the limited warranty period you must |
328 |
return, at our expense, the Software and proof of purchase to the location where you obtained it. If |
329 |
the functionalities of the Software vary substantially from the agreed upon functionalities, Adobe is |
330 |
entitled -- by way of re-performance and at its own discretion -- to repair or replace the Software. If |
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this fails, you are entitled to a reduction of the purchase price (reduction) or to cancel the purchase |
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agreement (rescission). For further warranty information, please contact Adobe’s Customer Support |
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Department |
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14.2 Limitation of Liability for Users Residing in Germany and Austria. |
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14.2.1 If you obtained the Software in Germany or Austria, and you usually reside in such country, |
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then Section 8 does not apply, Instead, subject to the provisions in Section 14.2.2, Adobe's statutory |
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liability for damages shall be limited as follows: (i) Adobe shall be liable only up to the amount of |
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damages as typically foreseeable at the time of entering into the purchase agreement in respect of |
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damages caused by a slightly negligent breach of a material contractual obligation and (ii) Adobe |
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shall not be liable for damages caused by a slightly negligent breach of a non-material contractual |
341 |
obligation. |
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14.2.2 The aforesaid limitation of liability shall not apply to any mandatory statutory liability, in |
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particular, to liability under the German Product Liability Act, liability for assuming a specific |
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guarantee or liability for culpably caused personal injuries. |
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14.2.3 You are required to take all reasonable measures to avoid and reduce damages, in particular |
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to make back-up copies of the Software and your computer data subject to the provisions of this |
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Agreement. |
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14.3 Pre-release Product Additional Terms. If the product you have received with this license is pre- |
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commercial release or beta Software ("Pre-release Software"), then the following Section applies. |
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To the extent that any provision in this Section is in conflict with any other term or condition in this |
351 |
Agreement, this Section shall supercede such other term(s) and condition(s) with respect to the Pre- |
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release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the |
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Software is a pre-release version, does not represent final product from Adobe, and may contain |
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bugs, errors and other problems that could cause system or other failures and data loss. |
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Consequently, the Pre-release Software is provided to you "AS-IS", and Adobe disclaims any |
356 |
warranty or liability obligations to you of any kind. WHERE LIABILITY CANNOT BE |
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EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, ADOBE’S |
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LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF FIFTY |
359 |
DOLLARS (U.S. $50) IN TOTAL. You acknowledge that Adobe has not promised or guaranteed to |
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you that Pre-release Software will be announced or made available to anyone in the future, Adobe |
361 |
has no express or implied obligation to you to announce or introduce the Pre-release Software and |
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that Adobe may not introduce a product similar to or compatible with the Pre-release Software. |
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Accordingly, you acknowledge that any research or development that you perform regarding the Pre- |
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release Software or any product associated with the Pre-release Software is done entirely at your |
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own risk. During the term of this Agreement, if requested by Adobe, you will provide feedback to |
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Adobe regarding testing and use of the Pre-release Software, including error or bug reports. If you |
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have been provided the Pre-release Software pursuant to a separate written agreement, such as the |
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Adobe Systems Incorporated Serial Agreement for Unreleased Products, your use of the Software is |
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also governed by such agreement. You agree that you may not and certify that you will not |
370 |
sublicense, lease, loan, rent, assign or transfer the Pre-release Software. Upon receipt of a later |
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unreleased version of the Pre-release Software or release by Adobe of a publicly released |
372 |
commercial version of the Software, whether as a stand-alone product or as part of a larger product, |
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you agree to return or destroy all earlier Pre-release Software received from Adobe and to abide by |
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the terms of the license agreement for any such later versions of the Pre-release Software. |
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Notwithstanding anything in this Section to the contrary, if you are located outside the United States |
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of America, you agree that you will return or destroy all unreleased versions of the Pre-release |
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Software within thirty (30) days of the completion of your testing of the Software when such date is |
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earlier than the date for Adobe's first commercial shipment of the publicly released (commercial) |
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Software. |
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14.4 Settings Manager. Use of the Web Players, specifically the Flash Player, will enable the |
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Software to store certain user settings as a local shared object on a your Computer. These settings are |
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not associated with you, but allow you to configure certain settings within the Flash Player. You can |
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find more information on local shared objects at http://www.adobe.com/software/flashplayer/security |
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and more information on the Settings Manager at http://www.adobe.com/go/settingsmanager. |
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|
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|
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If you have any questions regarding this Agreement or if you wish to request any information from |
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Adobe please use the address and contact information included with this product or via the web at |
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www.adobe.com to contact the Adobe office serving your jurisdiction |
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|
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Adobe, Authorware, Flash, Reader, and Shockwave are either registered trademarks or trademarks of |
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Adobe Systems Incorporated in the United States and/or other countries. |
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|
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|
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Reader_Player_WWEULA-en_US-20060724_1430 |