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348 lines
22 KiB
348 lines
22 KiB
ADOBE SYSTEMS INCORPORATED
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End User License Agreement
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Please return any accompanying registration form to receive registration
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benefits.
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NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY
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PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS
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AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN
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SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 6 AND 7; AND
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LIABILITY IN SECTION 8. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY
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WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE
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THIS SOFTWARE. IF YOU ACQUIRED THE SOFTWARE ON TANGIBLE MEDIA (e.g. CD)
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WITHOUT AN OPPORTUNITY TO REVIEW THIS LICENSE AND YOU DO NOT ACCEPT THIS
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AGREEMENT, YOU MAY OBTAIN A REFUND OF THE AMOUNT YOU ORIGINALLY PAID IF YOU:
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(A) DO NOT USE THE SOFTWARE AND (B) RETURN IT, WITH PROOF OF PAYMENT, TO THE
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LOCATION FROM WHICH IT WAS OBTAINED WITHIN THIRTY (30) DAYS OF THE PURCHASE
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DATE.
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1. Definitions. "Software" means (a) all of the contents of the files,
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disk(s), CD-ROM(s) or other media with which this Agreement is provided,
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including but not limited to (i) Adobe or third party computer information or
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software; (ii) digital images, stock photographs, clip art, sounds or other
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artistic works ("Stock Files"); (iii) related explanatory written materials or
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files ("Documentation"); and (iv) fonts; and (b) upgrades, modified versions,
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updates, additions, and copies of the Software, if any, licensed to you by
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Adobe (collectively, "Updates"). "Use" or "Using" means to access, install,
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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
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(1) unless otherwise indicated under a valid license (e.g. volume license)
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granted by Adobe. "Computer" means an electronic device that accepts
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information in digital or similar form and manipulates it for a specific result
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based 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 10(a) of this Agreement applies; otherwise it means Adobe Systems
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Benelux BV, Europlaza, Hoogoorddreef 54a, 1101 BE Amsterdam ZO, the
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Netherlands, a company organized under the laws of the Netherlands and an
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affiliate and licensee of Adobe Systems Incorporated.
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2. Software License. As long as you comply with the terms of this End User
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License Agreement (the "Agreement"), Adobe grants to you a non-exclusive
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license to Use the Software for the purposes described in the Documentation.
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Some third party materials included in the Software may be subject to other
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terms and conditions, which are typically found in a "Read Me" file located
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near such materials.
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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; or
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2.2. Server Use. You may install one copy of the Software on your computer
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file server for the purpose of downloading and installing the Software onto
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other computers within your internal network up to the Permitted Number or you
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may install one copy of the Software on a computer file server within your
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internal network for the sole and exclusive purpose of using the Software
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through commands, data or instructions (e.g. scripts) from an unlimited number
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of computers on your internal network. No other network use is permitted,
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including but not limited to, using the Software either directly or through
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commands, data or instructions from or to a computer not part of your internal
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network, for internet or web hosting services or by any user not licensed to
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use this copy of the Software through a valid license from Adobe; and
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2.3. Backup Copy. You may make one backup copy of the Software, provided your
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backup copy is not installed or used on any computer. You may not transfer the
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rights to a backup copy unless you transfer all rights in the Software as
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provided under Section 4.
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2.4. Home Use. You, as the primary user of the computer on which the Software
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is installed, may also install the Software on one of your home computers.
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However, the Software may not be used on your home computer at the same time
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the Software on the primary computer is being used.
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2.5. Stock Files. Unless stated otherwise in the "Read-Me" files associated
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with the Stock Files, which may include specific rights and restrictions with
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respect to such materials, you may display, modify, reproduce and distribute
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any of the Stock Files included with the Software. However, you may not
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distribute the Stock Files on a stand-alone basis, i.e., in circumstances in
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which the Stock Files constitute the primary value of the product being
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distributed. Stock Files may not be used in the production of libelous,
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defamatory, fraudulent, lewd, obscene or pornographic material or any material
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that infringes upon any third party intellectual property rights or in any
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otherwise illegal manner. You may not claim any trademark rights in the Stock
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Files or derivative works thereof.
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2.6. Font Software. If the Software includes font software -
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2.6.1. You may Use the font software as described above on the Permitted Number
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of computers and output such font software on any output devices connected to
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such computers.
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2.6.2. If the Permitted Number of computers is five or fewer, you may download
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the font software to the memory (hard disk or RAM) of one output device
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connected to at least one of such computers for the purpose of having such font
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software remain resident in the output device, and of one additional such
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output device for every multiple of five represented by the Permitted Number of
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computers.
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2.6.3. You may take a copy of the font(s) you have used for a particular file
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to a commercial printer or other service bureau, and such service bureau may
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Use the font(s) to process your file, provided such service bureau has a valid
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license to Use that particular font software.
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2.6.4. You may convert and install the font software into another format for
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use in other environments, subject to the following conditions: A computer on
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which the converted font software is used or installed shall be considered as
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one of your Permitted Number of computers. Use of the font software you have
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converted shall be pursuant to all the terms and conditions of this Agreement.
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Such converted font software may be used only for your own customary internal
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business or personal use and may not be distributed or transferred for any
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purpose, except in accordance with the Transfer section below.
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2.6.5 You may embed the font software, or outlines of the font software, into
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your electronic documents to the extent that the font vendor copyright owner
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allows for such embedding. The fonts contained in this package may contain both
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Adobe and non-Adobe owned fonts. You may fully embed any font owned by Adobe.
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Refer to the font sample sheet or font information file to determine font
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ownership. See the Documentation for location and information on how to access
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these sheets and files.
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2.7 To the extent that the Software includes Adobe Acrobat Reader software,
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(i) you may customize the installer for such software in accordance with the
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restrictions found at www.adobe.com (e.g., installation of additional plug-in
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and help files); however, you may not otherwise alter or modify the installer
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program or create a new installer for any of such software, (ii) such software
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is licensed and distributed by Adobe for viewing, distributing and sharing PDF
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files, and (iii) you are not authorized to use any plug-in or enhancement that
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permits you to save modifications to a PDF file with such software; however,
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such use is authorized with Adobe Acrobat, Adobe Acrobat Business Tools, and
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other current and future Adobe products that feature the creation or
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manipulation of PDF files. For information on how to distribute Adobe Acrobat(
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Reader( and Adobe SVG Viewer please refer to the sections entitled "How to
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Distribute Acrobat Reader" and "How to Distribute SVG Viewer" at www.adobe.com.
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3. Intellectual Property Rights. The Software and any copies that you are
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authorized by Adobe to make are the intellectual property of and are owned by
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Adobe Systems Incorporated and its suppliers. The structure, organization and
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code of the Software are the valuable trade secrets and confidential
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information of Adobe Systems Incorporated and its suppliers. The Software is
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protected by copyright, including without limitation by United States Copyright
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Law, international treaty provisions and applicable laws in the country in
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which it is being used. You may not copy the Software, except as set forth in
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Section 2 ("Software License"). Any copies that you are permitted to make
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pursuant to this Agreement must contain the same copyright and other
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proprietary notices that appear on or in the Software. Except for font software
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converted to other formats as permitted in section 2.6.4, you agree not to
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modify, adapt or translate the Software.You also agree not to reverse engineer,
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decompile, 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 decompile under
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applicable law, it is essential to do so in order to achieve operability of the
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Software with another software program, and you have first requested Adobe to
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provide the information necessary to achieve such operability and Adobe has not
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made such information available. Adobe has the right to impose reasonable
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conditions and to request a reasonable fee before providing such information.
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Any information supplied by Adobe or obtained by you, as permitted hereunder,
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may only be used by you for the purpose described herein and may not be
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disclosed to any third party or used to create any software which is
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substantially similar to the expression of the Software. Requests for
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information should be directed to the Adobe Customer Support Department.
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Trademarks shall be used in accordance with accepted trademark practice,
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including identification of trademarks owners' names. Trademarks can only be
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used to identify printed output produced by the Software and such use of any
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trademark does not give you any rights of ownership in that trademark. Except
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as expressly stated above, this Agreement does not grant you any intellectual
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property rights in the Software.
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4. Transfer. You may not, rent, lease, sublicense or authorize all or any
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portion of the Software to be copied onto another users computer except as may
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be expressly permitted herein. You may, however, transfer all your rights to
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Use the Software to another person or legal entity provided that: (a) you also
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transfer each this Agreement, the Software and all other software or hardware
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bundled or pre-installed with the Software, including all copies, Updates and
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prior versions, and all copies of font software converted into other formats,
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to such person or entity; (b) you retain no copies, including backups and
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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
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legally purchased a license to the Software. Notwithstanding the foregoing, you
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may not transfer education, pre-release, or not for resale copies of the
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Software.
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5. Multiple Environment Software / Multiple Language Software / Dual Media
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Software / Multiple Copies/ Bundles / Updates. If the Software supports
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multiple platforms or languages, if you receive the Software on multiple media,
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if you otherwise receive multiple copies of the Software, or if you received
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the Software bundled with other software, the total number of your computers on
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which all versions of the Software are installed may not exceed the Permitted
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Number. You may not, rent, lease, sublicense, lend or transfer any versions or
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copies of such Software you do not Use. If the Software is an Update to a
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previous version of the Software, you must possess a valid license to such
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previous version in order to Use the Update. You may continue to Use the
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previous version of the Software on your computer after you receive the Update
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to assist you in the transition to the Update, provided that: the Update and
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the previous version are installed on the same computer; the previous version
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or copies thereof are not transferred to another party or computer unless all
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copies of the Update are also transferred to such party or computer; and you
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acknowledge that any obligation Adobe may have to support the previous version
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of the Software may be ended upon availability of the Update.
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6. 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 AND ITS SUPPLIERS DO NOT
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AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE
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SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE
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EXTENT TO 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 WHETHER BY
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STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING
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WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY,
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INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
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7. Pre-release Product Additional Terms. If the product you have received
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with this license is pre-commercial release or beta Software ("Pre-release
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Software"), then the following Section applies. To the extent that any
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provision in this Section is in conflict with any other term or condition in
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this Agreement, this Section shall supercede such other term(s) and
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condition(s) with respect to the Pre-release Software, but only to the extent
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necessary to resolve the conflict. You acknowledge that the Software is a
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pre-release version, does not represent final product from Adobe, and may
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contain bugs, errors and other problems that could cause system or other
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failures and data loss. Consequently, the Pre-release Software is provided to
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you "AS-IS", and Adobe disclaims any warranty or liability obligations to you
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of any kind. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE
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SOFTWARE, BUT IT MAY BE LIMITED, ADOBE'S LIABILITY AND THAT OF ITS SUPPLIERS
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SHALL BE LIMITED TO THE SUM OF FIFTY DOLLARS (U.S. $50) IN TOTAL. You
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acknowledge that Adobe has not promised or guaranteed to you that Pre-release
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Software will be announced or made available to anyone in the future, that
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Adobe has no express or implied obligation to you to announce or introduce the
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Pre-release Software and that Adobe may not introduce a product similar to or
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compatible with the Pre-release Software. Accordingly, you acknowledge that any
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research or development that you perform regarding the Pre-release Software or
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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
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provide feedback to Adobe regarding testing and use of the Pre-release
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Software, including error or bug reports. If you have been provided the
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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
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of the Software is also governed by such agreement. You agree that you may not
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and certify that you will not sublicense, lease, loan, rent, or transfer the
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Pre-release Software. Upon receipt of a later unreleased version of the
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Pre-release Software or release by Adobe of a publicly released commercial
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version of the Software, whether as a stand-alone product or as part of a
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larger product, you agree to return or destroy all earlier Pre-release Software
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received from Adobe and to abide by the terms of the End User License Agreement
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for any such later versions of the Pre-release Software. Notwithstanding
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anything in this Section to the contrary, if you are located outside the United
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States of America, you agree that you will return or destroy all unreleased
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versions of the Pre-release Software within thirty (30) days of the completion
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of your testing of the Software when such date is earlier than the date for
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Adobe's first commercial shipment of the publicly released (commercial)
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Software.
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8. LIMITATION OF LIABILITY. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE
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TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL,
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INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN
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ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES,
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CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS
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AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR
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JURISDICTION. ADOBE'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR
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IN CONNECTION 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 liability
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to you in the event of death or personal injury resulting from Adobe's
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negligence or for the tort of deceit (fraud). Adobe is acting on behalf of its
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suppliers for the purpose of disclaiming, excluding and/or limiting
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obligations, warranties and liability as provided in this Agreement, but in no
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other respects and for no other purpose. For further information, please see
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the jurisdiction specific information at the end of this Agreement, if any, or
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contact Adobe's Customer Support Department.
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9. Export Rules. You agree that the Software will not be shipped, transferred
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or exported into any country or used in any manner prohibited by the United
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States Export Administration Act or any other export laws, restrictions or
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regulations (collectively the "Export Laws"). In addition, if the Software is
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identified as export controlled items under the Export Laws, you represent and
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warrant that you are not a citizen, or otherwise located within, an embargoed
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nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba,
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North Korea, and Serbia) and that you are not otherwise prohibited under the
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Export Laws from receiving the Software. All rights to Use the Software are
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granted on condition that such rights are forfeited if you fail to comply with
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the 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 California,
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if a license to the Software is purchased when you are in the United States,
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Canada, or Mexico; or (b) in Japan, if a license to the Software is purchased
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when you are in Japan, China, Korea, or other Southeast Asian country where all
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official languages are written in either an ideographic script (e.g., hanzi,
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kanji, or hanja), and/or other script based upon or similar in structure to an
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ideographic script, such as hangul or kana; or (c) the Netherlands, if a
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license to the 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 when
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California law applies, Tokyo District Court in Japan, when Japanese law
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applies, and the courts of Amsterdam, the Netherlands, when the law of the
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Netherlands applies, shall each have non-exclusive jurisdiction over all
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disputes relating to this Agreement. This Agreement will not be governed by the
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conflict of law rules of any jurisdiction or the United Nations Convention on
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Contracts for the International Sale of Goods, the application of which is
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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 the Agreement,
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which shall remain valid and enforceable according to its terms. This
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Agreement shall not prejudice the statutory rights of any party dealing as a
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consumer. This Agreement may only be modified by a writing signed by an
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authorized officer of Adobe. Updates may be licensed to you by Adobe with
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additional or different terms. This is the entire agreement between Adobe and
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you relating to the Software and it supersedes any prior representations,
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discussions, undertakings, communications or advertising relating to the
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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, consisting of
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"Commercial Computer Software" and "Commercial Computer Software
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Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R.
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§227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R.
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§§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer
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Software and Commercial Computer Software Documentation are being licensed to
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U.S. Government end users (a) only as Commercial Items and (b) with only those
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rights as are granted to all other end users pursuant to the terms and
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conditions herein. Unpublished-rights reserved under the copyright laws of the
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United States. Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA
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95110-2704, USA. For U.S. Government End Users, Adobe agrees to comply with all
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applicable equal opportunity laws including, if appropriate, the provisions of
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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
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Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts
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60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and
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regulations contained in the preceding sentence shall be incorporated by
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reference in this Agreement.
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13. Compliance with Licenses. If you are a business or organization, you agree
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that upon request from Adobe or Adobe's authorised representative, you will
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within thirty (30) days fully document and certify that use of any and all
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Adobe Software at the time of the request is in conformity with your valid
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licenses from Adobe.
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If you have any questions regarding this Agreement or if you wish to request
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any information from Adobe please use the address and contact information
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included with this product to contact the Adobe office serving your
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jurisdiction.
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Adobe, Acrobat, Acrobat Reader, and After Effects are either registered
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trademarks or trademarks of Adobe Systems Incorporated in the United States
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and/or other countries.
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SVGReader_WWEULA_English_08.09.01_11:15
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