478 lines
34 KiB
Groff
478 lines
34 KiB
Groff
http://www.adobe.com/products/eulas/players/flash/
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End User License Agreement
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ADOBE® SOFTWARE LICENSE AGREEMENT
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NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING, COPYING OR
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DISTRIBUTING ALL OR ANY PORTION OF THE ADOBE SOFTWARE ("SOFTWARE") YOU
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ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN
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PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY
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IN SECTION 4; WARRANTY IN SECTION 7; AND LIABILITY IN SECTION 8. YOU AGREE
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THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT
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SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL
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ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED. IF YOU DO
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NOT AGREE, DO NOT USE THIS SOFTWARE.
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Adobe and its suppliers own all intellectual property in the Software. Adobe
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permits you to Use the Software only in accordance with the terms of this
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Agreement. Use of some third party materials included in the Software may be
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subject to other terms and conditions typically found in a separate license
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agreement, a “Read Me” file located near such materials or in the “Third
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Party Software Notices and/or Additional Terms and Conditions” found at
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[92]www.adobe.com/go/thirdparty/
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1. Definitions. "Software" means (a) all of the contents of the files
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(provided either by electronic download, on physical media or any other
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method of distribution), disk(s), CD-ROM(s) or other media with which
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this Agreement is provided, including but not limited to (i) Adobe or
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third party computer information or software, including the Adobe
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Reader® ("Adobe Reader"), Adobe Flash® Player, Shockwave® Player and
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Authorware® Player (collectively, the Flash, Shockwave and Authorware
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players, are the "Web Players"); (ii) related explanatory written
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materials or files ("Documentation"); and (iii) fonts; and (b) upgrades,
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modified versions, updates, additions, and copies of the Software, if
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any, licensed to you by Adobe (collectively, "Updates"). "Use" or
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"Using" means to access, install, download, copy, or otherwise benefit
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from using the functionality of the Software in accordance with the
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Documentation. "Permitted Number" means one (1) unless otherwise
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indicated under a valid license (e.g., volume license) granted by Adobe.
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"Computer" means an electronic device that accepts information in
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digital or similar form and manipulates it for a specific result based
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on a sequence of instructions. "Adobe" means Adobe Systems Incorporated,
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a Delaware corporation, 345 Park Avenue, San Jose, California 95110, if
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subsection 9(a) of this Agreement applies; otherwise it means Adobe
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Systems Software Ireland Limited, Unit 3100, Lake Drive, City West
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Campus, Saggart D24, Republic of Ireland, a company organized under the
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laws of Ireland and an affiliate and licensee of Adobe Systems
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Incorporated.
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2. Software License. If you obtained the Software from Adobe or one of its
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authorized licensees, and subject to your compliance with the terms of
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this agreement (this "Agreement"), including the restrictions in Setion
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3, Adobe grants to you a non-exclusive license to Use the Software for
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the 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
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compatible Computer, up to the Permitted Number of computers. The
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Software may not be shared, installed or used concurrently on different
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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
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server within your internal network for the sole and exclusive purpose
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of (a) using the Software (from an unlimited number of client computers
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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)
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allowing for printing within your internal network. Unless otherwise
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expressly permitted hereunder, no other server or network use of the
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Software is permitted, including but not limited to use of the Software
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(i) either directly or through commands, data or instructions from or to
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another computer or (ii) for internal network, internet or web hosting
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services.
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2.2.2 For information on how to distribute the Software on tangible
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media or through an internal network please refer to the sections
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entitled "How to Distribute Adobe Reader" at
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[93]http://www.adobe.com/products/acrobat/distribute.html; or
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"Distribute Macromedia Web Players" at
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[94]http://www.adobe.com/licensing.
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2.3 Backup Copy. You may make one backup copy of the Software, provided
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your backup copy is not installed or used on any Computer. You may not
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transfer the rights to a backup copy unless you transfer all rights in
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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
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Reader, in addition to the single copy permitted under Sections 2.1 and
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2.2, the primary user of the Computer on which the Software is installed
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may make a second copy of the Software for his or her exclusive Use on
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either a portable Computer or a Computer located at his or her home,
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provided the Software on the portable or home Computer is not used at
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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
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based upon the Software. You may not reverse engineer, decompile,
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disassemble or otherwise attempt to discover the source code of the
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Software except to the extent you may be expressly permitted to
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decompile under applicable law, it is essential to do so in order to
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achieve operability of the Software with another software program, and
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you have first requested Adobe to provide the information necessary to
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achieve such operability and Adobe has not made such information
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available. Adobe has the right to impose reasonable conditions and to
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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
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such permitted decompilation may only be used by you for the purpose
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described herein and may not be disclosed to any third party or used to
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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
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Customer Support Department.
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2.5.2 As an exception to the above, you may customize or extend the
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functionality of the installer for the Adobe Reader as specifically
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allowed by instructions found at
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[95]http://www.adobe.com/support/main.html or
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[96]http://partners.adobe.com (e.g., installation of additional plug-in
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and help files). You may not otherwise alter or modify the Software or
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create a new installer for the Software. The Adobe Reader is licensed
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and distributed by Adobe for viewing, distributing and sharing PDF
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files.
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2.6 Third Party Website Access. The Software may allow you to access
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third party websites ("Third Party Sites"). Your access to and use of
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any Third Party Sites, including any goods, services or information made
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available from such sites, is governed by the terms and conditions found
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at each Third Party Site, if any. Third Party Sites are not owned or
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operated by Adobe. YOUR USE OF THIRD PARTY SITES IS AT YOUR OWN RISK.
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ADOBE MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR
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TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE
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OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO
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NON-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 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
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to validate Certified Documents. A "Certified Document" or “CD” is a PDF
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file that has been digitally signed using (a) a certificate and (b) a
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“private” encryption key that corresponds to the “public” key in the
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certificate. Validation of a CD requires CD Services from the CD Service
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Provider that issued the certificate. “CD Service Provider” is an
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independent third party service vendor listed at
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[97]http://www.adobe.com/security/partners_cds.html. “CD Services” are
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services provided by CD Service Providers, including without limitation
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(i) certificates issued by such CD Service Provider for use with the
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Software's CD feature set, (ii) services related to issuance of
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certificates, and (iii) other services related to certificates,
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including without limitation verification services.
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2.7.2 CD Service Providers. Although the Software may provide
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validation features, Adobe does not supply the necessary CD Services
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required to use these features. Purchasing, availability and
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responsibility for the CD Services are between you and the CD Service
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Provider. Before you rely upon any CD, any digital signature applied
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thereto, and/or any related CD Services, you must first review and agree
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to the applicable Issuer Statement and this Agreement. “Issuer
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Statement” means the terms and conditions under which each CD Service
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Provider offers CD Services (see the links on
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[98]http://www.adobe.com/security/partners_cds.html), including for
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example any subscriber agreements, relying party agreements, certificate
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policies and practice statements, and Section 2.7 of this Agreement. By
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validating a CD using CD Services, you acknowledge and agree that (a)
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the certificate used to digitally sign a CD may be revoked at the time
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of verification, making the digital signature on the CD appear valid
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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
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applicable CD Service Provider, or any other third party and (c) you
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must read, understand, and be bound by the applicable Issuer Statement.
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2.7.3 Warranty Disclaimer. CD Service Providers offer CD Services
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solely in accordance with the applicable Issuer Statement. ACCESS TO THE
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CD SERVICES THROUGH THE USE OF THE SOFTWARE IS MADE AVAILABLE ON AN “AS
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IS” BASIS ONLY AND WITHOUT ANY WARRANTY OR INDEMNITY OF ANY KIND (EXCEPT
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AS SUPPLIED BY A CD SERVICES PROVIDER IN ITS ISSUER STATEMENT). ADOBE
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AND EACH CD SERVICE PROVIDER (EXCEPT AS EXPRESSLY PROVIDED IN ITS ISSUER
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STATEMENT) MAKE NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS
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OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM,
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USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO
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NON-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
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Provider (except as expressly provided in its Issuer Statement) harmless
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from any and all liabilities, losses, actions, damages, or claims
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(including all reasonable expenses, costs, and attorneys fees) arising
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out of or relating to any use of, or reliance on, any CD Service,
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including, without limitation (a) reliance on an expired or revoked
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certificate, (b) improper verification of a certificate, (c) use of a
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certificate other than as permitted by any applicable Issuer Statement,
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this Agreement or applicable law; (d) failure to exercise reasonable
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judgment under the circumstances in relying on the CD Services or (e)
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failure to perform any of the obligations as required in an applicable
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Issuer Statement.
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2.7.5 Limit of Liability. UNDER NO CIRCUMSTANCES WILL ADOBE OR ANY CD
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SERVICE PROVIDER (EXCEPT AS EXPRESSLY SET FORTH IN ITS ISSUER STATEMENT)
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BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY, FOR ANY LOSS OF USE,
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REVENUE OR PROFIT, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC
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LOSS OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY,
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PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO YOUR
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USE OR RELIANCE UPON CD SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF
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SUCH 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 BREACH
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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
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you utilize shall be a third party beneficiary with respect to this
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Section 2.7 of this Agreement, and that such CD Service Provider shall
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have the right to enforce such provisions in its own name as if the CD
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Service Provider were Adobe.
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3. Restrictions.
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3.1 Web Player Prohibited Devices. You may not Use any Web Player on
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any non-PC device or with any embedded or device version of any
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operating system. For the avoidance of doubt, and by example only, you
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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
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Windows XP Tablet PC Edition, game consoles, TVs, DVD players, media
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centers (excluding Windows XP Media Center Edition and its successors),
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electronic billboards or other digital signage, internet appliances or
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other internet-connected devices, PDAs, medical devices, ATMs, telematic
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devices, gaming machines, home automation systems, kiosks, remote
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control devices, or any other consumer electronics device, (b)
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operator-based mobile, cable, satellite, or television systems or (c)
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other closed system devices.
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3.2 Notices. You shall not copy the Software except as set forth in
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Section 2. Any copy of the Software that you make must contain the same
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copyright and other proprietary notices that appear on or in the
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Software.
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3.3 Document Features. The Software may contain features and
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functionality (the “Document Features”) that appear disabled or “grayed
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out.” These Document Features will only activate when opening a PDF
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document that was created using corresponding enabling technology
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available only from Adobe (“Keys”). You agree not to access, or attempt
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to access, disabled Document Features or otherwise circumvent the
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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
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using Keys obtained under a valid license from Adobe. No other use is
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permitted.
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3.4 Adobe Reader Restrictions. You are not authorized to integrate or
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use the Adobe Reader with any other software, plug-in or enhancement
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that uses or relies upon the the Adobe Reader when converting or
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transforming PDF files into other file formats (e.g., a PDF file into a
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TIFF, JPEG, or SVG file). You are not authorized to integrate or use the
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Adobe Reader with any plug-in software not developed in accordance with
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the Adobe Integration Key License Agreement. Further, you are not
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permitted to integrate or use the Adobe Reader with other software, or
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access PDF files that contain instructions (e.g., JavaScript), in order
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to (a) save data locally (on the same Computer), (b) create a file that
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contains data (e.g., an XML or comments file) or (c) save modifications
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to a PDF file, except when such saving or creation is allowed through
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the use of Document Feature(s) enabled by Adobe.
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4. Transfer. You may not rent, lease, sublicense, assign or transfer your
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rights in the Software, or authorize all or any portion of the Software
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to be copied onto another user's Computer except as may be expressly
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permitted herein. You may, however, transfer all your rights to Use the
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Software to another person or legal entity provided that: (a) you also
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transfer (i) this Agreement, and (ii) the Software and all other
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software or hardware bundled or pre-installed with the Software,
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including all copies, Updates and prior versions, to such person or
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entity, (b) you retain no copies, including backups and copies stored on
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a Computer, and (c) the receiving party accepts the terms and conditions
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of this Agreement and any other terms and conditions upon which you
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legally purchased a license to the Software. Notwithstanding the
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foregoing, you may not transfer education, pre-release, or not for
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resale copies of the Software.
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5. Intellectual Property Ownership, Copyright Protection. The Software and
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any authorized copies that you make are the intellectual property of and
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are owned by Adobe Systems Incorporated and its suppliers. The
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structure, organization and code of the Software are the valuable trade
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secrets and confidential information of Adobe Systems Incorporated and
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its suppliers. The Software is protected by law, including without
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limitation the copyright laws of the United States and other countries,
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and by international treaty provisions. Except as expressly stated
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herein, this Agreement does not grant you any intellectual property
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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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6. Updates. If the Software is an Update to a previous version of the
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Software, you must possess a valid license to such previous version in
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order to Use such Update. All Updates are provided to you on a license
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exchange basis. You agree that by Using an Update you voluntarily
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terminate your right to use any previous version of the Software. As an
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exception, you may continue to Use previous versions of the Software on
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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
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versions are installed on the same computer; (b) the previous versions
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or copies thereof are not transferred to another party or Computer
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unless all copies of the Update are also transferred to such party or
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Computer; and (c) you acknowledge that any obligation Adobe may have to
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support the previous versions of the Software may be ended upon
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availability of the Update.
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7. NO WARRANTY. The Software is being delivered to you "AS IS" and Adobe
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makes no warranty as to its use or performance. Adobe provides no
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technical support, warranties or remedies for the Software. ADOBE AND
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ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU
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MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION,
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REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT
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BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION,
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ADOBE AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS,
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OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM,
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USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION
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NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION,
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SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. The
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provisions of Section 7 and Section 8 shall survive the termination of
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this Agreement, howsoever caused, but this shall not imply or create any
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continued right to Use the Software after termination of this Agreement.
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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 LOST
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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
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SOFTWARE, IF ANY. Nothing contained in this Agreement limits Adobe's
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liability to you in the event of death or personal injury resulting from
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Adobe's negligence or for the tort of deceit (fraud). Adobe is acting on
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behalf of its suppliers for the purpose of disclaiming, excluding and/or
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limiting obligations, warranties and liability as provided in this
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Agreement, but in no other respects and for no other purpose. For
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further information, please see the jurisdiction specific information at
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the end of this Agreement, if any, or contact Adobe's Customer Support
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Department.
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9. Export Rules. You agree that the Software will not be shipped,
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transferred or exported into any country or used in any manner
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prohibited by the United States Export Administration Act or any other
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export laws, restrictions or regulations (collectively the "Export
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Laws"). In addition, if the Software is identified as export controlled
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items under the Export Laws, you represent and warrant that you are not
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a citizen, or otherwise located within, an embargoed nation (including
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without limitation Iran, Syria, Sudan, Libya, Cuba, and North Korea) and
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that you are not otherwise prohibited under the Export Laws from
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receiving the Software. All rights to Use the Software are granted on
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condition that such rights are forfeited if you fail to comply with the
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terms of this Agreement.
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10. Governing Law. This Agreement will be governed by and construed in
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accordance with the substantive laws in force: (a) in the State of
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California, if a license to the Software is obtained when you are in the
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United States, Canada, or Mexico; or (b) in Japan, if a license to the
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Software is obtained when you are in Japan, China, Korea, or other
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Southeast Asian country where all official languages are written in
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either an ideographic script (e.g., hanzi, kanji, or hanja), and/or
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other script based upon or similar in structure to an ideographic
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script, such as hangul or kana; or (c) England, if a license to the
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Software is purchased when you are in any other jurisdiction not
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described above. The respective courts of Santa Clara County, California
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when California law applies, Tokyo District Court in Japan, when
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Japanese law applies, and the competent courts of England, when the law
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of England applies, shall each have non-exclusive jurisdiction over all
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disputes relating to this Agreement. This Agreement will not be governed
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by the conflict of law rules of any jurisdiction or the United Nations
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Convention on Contracts for the International Sale of Goods, the
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application of which is expressly excluded.
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11. General Provisions. If any part of this Agreement is found void and
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unenforceable, it will not affect the validity of the balance of this
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Agreement, which shall remain valid and enforceable according to its
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terms. This Agreement shall not prejudice the statutory rights of any
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party dealing as a consumer. This Agreement may only be modified by a
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writing signed by an authorized officer of Adobe. Updates may be
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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
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supersedes any prior representations, discussions, undertakings,
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communications or advertising relating to the Software.
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12. Notice to U.S. Government End Users. The Software and Documentation are
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"Commercial Items," as that term is defined at 48 C.F.R. §2.101,
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consisting of "Commercial Computer Software" and "Commercial Computer
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Software Documentation," as such terms are used in 48 C.F.R. §12.212 or
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48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or
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48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial
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Computer Software and Commercial Computer Software Documentation are
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being licensed to U.S. Government end users (a) only as Commercial Items
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and (b) with only those rights as are granted to all other end users
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pursuant to the terms and conditions herein. Unpublished-rights reserved
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under the copyright laws of the United States. Adobe Systems
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Incorporated, 345 Park Avenue, San Jose, CA 95110-2704, USA. For U.S.
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Government End Users, Adobe agrees to comply with all applicable equal
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|
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 shall be
|
|
incorporated by reference in this Agreement.
|
|
13. Compliance with Licenses. If you are a business or organization, you
|
|
agree that upon request from Adobe or Adobe's authorized representative,
|
|
you will within thirty (30) days fully document and certify that use of
|
|
any and all Software at the time of the request is in conformity with
|
|
your valid licenses from Adobe.
|
|
14. Specific Provisions and Exceptions.
|
|
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 7 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 shall not be considered 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, PRODUCT SAMPLER, NOT FOR RESALE (NFR) COPIES OF
|
|
SOFTWARE, OR SOFTWARE THAT HAS BEEN ALTERED BY YOU, TO THE EXTENT SUCH
|
|
ALTERATIONS 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 Adobe's 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's statutory liability
|
|
for damages shall be limited as follows: (i) Adobe shall 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 shall 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 shall 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 Product Additional Terms. If the product you have
|
|
received with this license is pre-commercial release or beta Software
|
|
("Pre-release Software"), then the following Section applies. To the
|
|
extent that any provision in this Section is in conflict with any other
|
|
term or condition in this Agreement, this Section shall supercede such
|
|
other term(s) and condition(s) with respect to the Pre-release Software,
|
|
but only to the extent necessary to resolve the conflict. You
|
|
acknowledge that the 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.
|
|
Consequently, the Pre-release Software is provided to you "AS-IS", and
|
|
Adobe disclaims any warranty or liability obligations to you of any
|
|
kind. WHERE LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT
|
|
IT MAY BE LIMITED, ADOBE'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE
|
|
LIMITED TO THE SUM OF FIFTY DOLLARS (U.S. $50) IN TOTAL. You acknowledge
|
|
that Adobe has not promised or guaranteed to you that Pre-release
|
|
Software will be announced or made available to anyone in the future,
|
|
Adobe has no express or implied obligation to you to announce or
|
|
introduce the Pre-release Software and that Adobe may not introduce a
|
|
product similar to or compatible with the Pre-release Software.
|
|
Accordingly, you acknowledge that any research or development that you
|
|
perform regarding the Pre-release Software or any product associated
|
|
with the Pre-release Software is done entirely at your own risk. During
|
|
the term of this Agreement, if requested by Adobe, you will provide
|
|
feedback to Adobe regarding testing and use of the Pre-release Software,
|
|
including error or bug reports. If you have been provided 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 agree
|
|
that you may not and certify that you will not sublicense, lease, loan,
|
|
rent, assign or transfer the Pre-release Software. Upon receipt of a
|
|
later unreleased version of the Pre-release Software or release by Adobe
|
|
of a publicly released commercial version of the Software, whether as a
|
|
stand-alone product or as part of a larger product, you agree to return
|
|
or destroy all earlier Pre-release Software received from Adobe and to
|
|
abide by the terms of the license agreement for any such later versions
|
|
of the Pre-release Software. Notwithstanding anything in this Section to
|
|
the contrary, if you are located outside the United States of America,
|
|
you agree that you will return or destroy all unreleased versions of the
|
|
Pre-release Software within thirty (30) days of the completion of your
|
|
testing of the Software when such date is earlier than the date for
|
|
Adobe's first commercial shipment of the publicly released (commercial)
|
|
Software.
|
|
14.4 Settings Manager. Use of the Web Players, specifically the Flash
|
|
Player, will enable the Software to store certain user settings as a
|
|
local shared object on a your Computer. These settings are not
|
|
associated with you, but allow you to configure certain settings within
|
|
the Flash Player. You can find more information on local shared objects
|
|
at [99]http://www.adobe.com/software/flashplayer/security/ and more
|
|
information on the Settings Manager at
|
|
[100]www.adobe.com/go/settingsmanager.
|
|
|
|
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 or via the web at www.adobe.com to contact the
|
|
Adobe office serving your jurisdiction
|
|
|
|
Adobe, Authorware, Flash, Reader, and Shockwave are either registered
|
|
trademarks or trademarks of Adobe Systems Incorporated in the United States
|
|
and/or other countries.
|
|
|
|
|
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Reader-PlayerWWEULA-en_US-20060607_2230
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