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604 lines
34 KiB
604 lines
34 KiB
Adobe Flash Player 11 Beta End User License Agreement
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ADOBE SYSTEMS INCORPORATED
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Personal Computer Software License Agreement
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1. WARRANTY DISCLAIMER, BINDING AGREEMENT AND ADDITIONAL TERMS AND
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AGREEMENTS.
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1.1 WARRANTY DISCLAIMER. THE SOFTWARE AND OTHER INFORMATION IS
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DELIVERED TO YOU "AS IS" AND WITH ALL FAULTS. ADOBE, ITS SUPPLIERS AND
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CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE OR
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RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY
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SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY
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WARRANTY, CONDITION, REPRESENTATION OR TERM CANNOT OR MAY NOT BE
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EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION,
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ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO
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WARRANTIES CONDITIONS, 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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MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY
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RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS
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FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL
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SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS
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SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER
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TERMINATION OF THIS AGREEMENT.
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1.2 BINDING AGREEMENT: By using, copying or distributing all or any
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portion of the Adobe Software, you accept all the terms and conditions
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of this agreement, including, in particular, the provisions on:
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* [20]Use (Section 3);
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* [21]Transferability (Section 5);
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* [22]Connectivity and Privacy (Section 7), including:
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+ [23]Updating,
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+ [24]Local Storage,
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+ [25]Settings Manager,
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+ [26]Peer Assisted Networking Technology,
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+ [27]Content Protection Technology, and
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+ [28]Use of Adobe Online Services;
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* [29]Warranty Disclaimer (Section 1.1), and;
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* [30]Liability Limitations (Sections 10 and 17).
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Upon acceptance, this agreement is enforceable against you and any
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entity that obtained the Software and on whose behalf it is used. If
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you do not agree, do not Use the Software.
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1.3 ADDITIONAL TERMS AND AGREEMENTS. Adobe permits you to Use the
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Software only in accordance with the terms of this agreement. Use of
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some third party materials included in the Software may be subject to
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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
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"Third Party Software Notices and/or Additional Terms and Conditions"
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found at [31]http://www.adobe.com/go/thirdparty. Such other terms and
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conditions will supersede all or portions of this agreement in the
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event of a conflict with the terms and conditions of this agreement.
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2. Definitions.
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"Adobe" means Adobe Systems Incorporated, a Delaware corporation, 345
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Park Avenue, San Jose, California 95110, if subsection 12(a) of this
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agreement applies; otherwise it means Adobe Systems Software Ireland
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Limited, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland, a
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company organized under the laws of Ireland and an affiliate and
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licensee of Adobe Systems Incorporated.
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"Compatible Computer" means a Computer that conforms to the system
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requirements of the Software as specified in the Documentation.
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"Computer" means a virtual machine or physical personal electronic
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device that accepts information in digital or similar form and
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manipulates it for a specific result based on a sequence of
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instructions.
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"Personal Computer" or "PC" shall mean a hardware product which is
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designed and marketed with the primary purpose of operating a wide
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variety of productivity, entertainment, and other software applications
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provided by unrelated third party software vendors, which operates
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depending upon the use of a full function and full feature set computer
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operating system of the type(s) then in widespread use with hardware to
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operate general purpose laptop, desktop, server and large format tablet
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microprocessor based computers. This definition of Personal Computer
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shall exclude hardware products that are designed and/or marketed to
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have as their primary purpose any number of the following: television,
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television receiver, portable media player, audio/video receiver,
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radio, audio headphone, audio speaker, personal digital assistant
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("PDA"), telephone or similar telephony based device, game console,
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personal video recorder ("PVR"), player for digital versatile disc
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("DVD") or other optical media, video camera, still camera, camcorder,
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video editing and format conversion device, video image projection
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device, and shall further exclude any similar type of consumer,
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professional or industrial device.
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"Software" means (a) all of the contents of the files (delivered
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electronically or on physical media), or disk(s) or other media with
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which this agreement is provided, which may include (i) Adobe or third
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party computer information or software, including Adobe® Reader®
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("Adobe Reader"), Adobe AIR® ("Adobe AIR"), Adobe Flash® Player,
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Shockwave® Player and Authorware® Player (collectively, Adobe AIR and
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the Flash, Shockwave and Authorware players are the "Adobe Runtimes");
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(ii) related explanatory written materials or files ("Documentation");
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and (iii) fonts; and (b) upgrades, modified versions, updates,
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additions, and copies of the foregoing, provided to you by Adobe at any
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time (collectively, "Updates").
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"Use" means to access, install, download, copy, or otherwise benefit
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from using the functionality of the Software.
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3. Software License.
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If you obtained the Software from Adobe or one of its authorized
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licensees, and subject to your compliance with the terms of this
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agreement, including the restrictions in Section 4, Adobe grants to you
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a non-exclusive license to Use the Software in the manner and for the
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purposes described in the Documentation as follows:
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3.1 General Use. You may install and Use one copy of the Software on
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your Compatible Computer. See Section 4 for important restrictions on
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the Use of the Software.
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3.2 Server Use. This agreement does not permit you to install or Use
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the Software on a computer file server. For information on Use of
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Software on a computer file server please refer to
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[32]http://www.adobe.com/go/acrobat_distribute for information about
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Adobe Reader; or [33]http://www.adobe.com/go/licensing for information
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about the Adobe Runtimes.
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3.3 Distribution. This license does not grant you the right to
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sublicense or distribute the Software. For information about obtaining
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the right to distribute the Software on tangible media or through an
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internal network or with your product or service please refer to
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[34]http://www.adobe.com/go/acrobat_distribute for information about
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Adobe Reader; or [35]http://www.adobe.com/go/licensing for information
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about the Adobe Runtimes.
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3.4 Backup Copy. You may make one backup copy of the Software, provided
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your backup copy is not installed or used other than for archival
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purposes. 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 5.
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4. Obligations and Restrictions.
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4.1 Adobe Runtime Restrictions. You will not Use any Adobe Runtime 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 an Adobe Runtime on any (a) mobile device, set top box
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(STB), handheld, phone, game console, TV, DVD player, media center
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(other than with Windows XP Media Center Edition and its successors),
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electronic billboard or other digital signage, Internet appliance or
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other Internet-connected device, PDA, medical device, ATM, telematic
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device, gaming machine, home automation system, kiosk, remote control
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device, or any other consumer electronics device, (b) operator-based
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mobile, cable, satellite, or television system or (c) other closed
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system device. No right or license to Use any Adobe Runtime is granted
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for such prohibited uses. For information on Software license terms for
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non-PC versions of Adobe Runtimes please visit
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http://www.adobe.com/go/runtime_mobile_EULA. For information on
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licensing Adobe Runtimes for distribution on such systems please visit
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[36]http://www.adobe.com/go/licensing.
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4.1.1 AVC Video Restrictions. The Software may contain h.264/AVC video
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technology, the use of which requires the following notice from
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MPEG-LA, L.L.C.:
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THIS SOFTWARE IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR
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THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (I) ENCODE VIDEO
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IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (II) DECODE
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AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND
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NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER
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LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE
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IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM
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MPEG LA, L.L.C. SEE [37]http://www.mpegla.com.
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4.2 Adobe Flash Player Restrictions. You will not use Adobe Flash
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Player with any application or device that circumvents technological
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measures for the protection of video, audio, and/or data content,
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including any of Adobe's secure RTMP measures. No right or license to
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use Adobe Flash Player is granted for such prohibited uses.
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4.3 Adobe Reader Restrictions.
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4.3.1 Conversion Restrictions. You will not integrate or use Adobe
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Reader with any other software, plug-in or enhancement that uses or
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relies upon Adobe Reader when converting or transforming PDF files into
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a different format (e.g., a PDF file into a TIFF, JPEG, or SVG file).
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4.3.2 Plug-in Restrictions. You will not integrate or use Adobe Reader
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with any plug-in software not developed in accordance with the Adobe
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Integration Key License Agreement, more information can be found at
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[38]http://www.adobe.com/devnet/reader/ikla.html.
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4.3.3 Disabled Features. Adobe Reader may contain features or
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functionalities that are hidden or appear disabled or "grayed out" (the
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"Disabled Features"). Disabled Features will activate only when opening
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a PDF document that was created using enabling technology available
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only from Adobe. You will not access, or attempt to access, any
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Disabled Features other than through the use of such enabling
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technologies, nor will you rely on Adobe Reader to create a feature
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substantially similar to any Disabled Feature or otherwise circumvent
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the technology that controls activation of any such feature. For more
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information on disabled features, please refer to
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[39]http://www.adobe.com/go/readerextensions.
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4.4 Notices. You shall not alter or remove any copyright or other
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proprietary notice that appears on or in the Software.
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4.5 No Modification or Reverse Engineering. You shall not modify,
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adapt, translate or create derivative works based upon the Software.
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You shall not reverse engineer, decompile, disassemble, or otherwise
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attempt to discover the source code of the Software. If you are located
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in the European Union, please refer to the additional terms at the end
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of this agreement under the header "European Union Provisions," in
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Section 16.
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5. Transfer.
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You may not rent, lease, sublicense, assign, or transfer your rights in
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the Software, or authorize all or any portion of the Software to be
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copied onto another user's Computer except as may be expressly
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permitted by this agreement. You may, however, transfer all your rights
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to Use the Software to another person or legal entity provided that:
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(a) you also transfer (i) this agreement, and (ii) the Software and all
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other 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
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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
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which you obtained a valid 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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6. Intellectual Property Ownership, Reservation of Rights.
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The Software and any authorized copies that you make are the
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intellectual property of Adobe and its suppliers. The structure,
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organization and code of the Software are the valuable intellectually
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property (e.g. trade secrets and confidential information) of Adobe 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
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reserved by Adobe and its suppliers.
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7. Connectivity and Privacy. You acknowledge and agree to the
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following:
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7.1 Use of PDF Files. When you Use the Software to open a PDF file that
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has been enabled to display ads, your Computer may connect to a website
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operated by Adobe, an advertiser, or other third party. Your Internet
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Protocol address ("IP Address") is sent when this happens. The party
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hosting the site may use technology to send (or "serve") advertising or
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other electronic content that appears in or near the opened PDF file.
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The website operator may also use JavaScript, web beacons (also known
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as action tags or single-pixel gifs), and other technologies to
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increase and measure the effectiveness of advertisements and to
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personalize advertising content. Your communication with Adobe websites
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is governed by the Adobe Online Privacy Policy found at
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[40]http://www.adobe.com/go/privacy ("Adobe Online Privacy Policy").
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Adobe may not have access to or control over features that a third
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party may use, and the information practices of third party websites
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are not covered by the Adobe Online Privacy Policy.
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7.2 Updating. If your Computer is connected to the Internet, the
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Software may, without additional notice, check for Updates that are
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available for automatic download and installation to your Computer and
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let Adobe know the Software is successfully installed. For Reader,
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Updates may be automatically downloaded but not installed without
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additional notice unless you change your preferences to accept
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automatic installation. Only non-personally identifying information is
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transmitted to Adobe when this happens, except to the extent that IP
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Addresses may be considered personally identifiable in some
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jurisdictions. The use of such information, including your IP Address,
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as provided by the auto update process is governed by the Adobe Online
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Privacy Policy. Please consult the Documentation for information about
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changing default update settings, or online at
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[41]http://www.adobe.com/go/settingsmanager for Flash Player,
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[42]http://acrobatsupport.com/turning-off-the-acrobat-updater (or
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successor website) for Reader, and
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[43]http://kb2.adobe.com/cps/403/kb403175.html and
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[44]http://airdownload.adobe.com/air/applications/SettingsManager/Setti
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ngsManager.air for Adobe AIR.
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7.3 Local Storage. Flash Player and Adobe AIR may allow third parties
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to store certain information on your Computer in a local data file
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known as a local shared object. The type and amount of information that
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the third party application requests to be stored in a local shared
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object can vary by application and such requests are solely controlled
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by the third party. You can find more information on local shared
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objects at [45]http://www.adobe.com/go/flashplayer_security. For more
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information on how to limit or control the storage of local shared
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objects on your Computer, please visit
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[46]http://www.adobe.com/go/settmgr_storage_en.
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7.4 Settings Manager. Flash Player and Adobe AIR may cause certain user
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settings to be stored on your Computer as a local shared object. These
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settings are associated with the instance of Flash Player or Adobe AIR
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on your Computer, but do not contain personally identifiable
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information associated with you, and allow you to configure certain
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settings within the Flash Player including the ability to limit third
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parties from storing local shared objects. You can find more
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information on how to configure your version of Flash Player or Adobe
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AIR, including how to disable local shared objects in the Settings
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Manager for Flash Player, at
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[47]http://www.adobe.com/go/settingsmanager, or
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[48]http://airdownload.adobe.com/air/applications/SettingsManager/Setti
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ngsManager.air for Adobe AIR.
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7.5 Peer Assisted Networking Technology. Adobe Flash Player and Adobe
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AIR runtimes provide the ability for applications built by third
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parties to connect to an Adobe Server or Service and permit direct
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communication between two Adobe Runtime clients or to connect an Adobe
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Runtime client as part of a peer or distributed network that allows a
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portion of your resources, such as network bandwidth, to be made
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directly available to other participants. Prior to joining such peer or
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distributed network, you will be provided with the opportunity to
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accept such connectivity. To manage Peer Assisted Networking settings,
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please go to the Settings Manager at
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[49]http://www.adobe.com/go/settmgr_networking_en. You can find more
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information on Peer Assisted Networking at
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[50]http://www.adobe.com/go/RTMFP.
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7.6 Content Protection Technology. If you Use the Adobe Runtimes to
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access content that has been protected with Adobe Flash Media Rights
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Management Server or Flash Access software ("Content Protection"), in
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order to let you play the protected content, the Software may
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automatically request media usage rights and individualization rights
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from a rights server on the Internet, and may download and install
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required components of the Software, including any available Content
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Protection Updates. You can find more information on Content Protection
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at [51]http://www.adobe.com/go/protected_content.
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7.7 Use of Adobe Online Services. If your Computer is connected to the
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Internet, the Software may, without additional notice and on an
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intermittent or regular basis, facilitate your access to content and
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services that are hosted on websites maintained by Adobe or its
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affiliates ("Adobe Online Services"). Examples of such Adobe Online
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Services might include, but are not limited to: Acrobat.com. In some
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cases an Adobe Online Service might appear as a feature or extension
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within the Software even though it is hosted on a website. In some
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cases, access to an Adobe Online Service might require a separate
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subscription or other fee in order to access it, and/or your assent to
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additional terms of use. Adobe Online Services might not be available
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in all languages or to residents of all countries and Adobe may, at any
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time and for any reason, modify or discontinue the availability of any
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Adobe Online Service. Adobe also reserves the right to begin charging a
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fee for access to or use of an Adobe Online Service that was previously
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offered at no charge. If your Computer is connected to the Internet,
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the Software may, without additional notice, update downloadable
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materials from these Adobe Online Services so as to provide immediate
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availability of these Adobe Online Services even when you are offline.
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When the Software connects to the Internet, no personally identifiable
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information is sent except to the extent that IP Addresses may be
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considered personally identifiable in some jurisdictions.
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Notwithstanding the foregoing, if you sign on to Acrobat.com your user
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name and password may be sent to Adobe's servers and stored by Adobe in
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accordance with the Acrobat.com Additional Terms of Use. Whenever the
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Software makes an Internet connection and communicates with an Adobe
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website, whether automatically or due to explicit user request, the
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Adobe Online Privacy Policy shall apply. Additionally, unless you are
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provided with separate terms of use at that time, the Adobe.com Terms
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of Use ([52]http://www.adobe.com/go/terms) shall apply. Please note
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that the Adobe Privacy Policy allows tracking of website visits and it
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addresses in detail the topic of tracking and use of cookies, web
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beacons and similar devices.
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8. Third Party Offerings. You acknowledge and agree to the following:
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8.1 Third Party Offerings. The Software may allow you to access and
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interoperate with third party content, software applications, and data
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services, including rich Internet applications ("Third Party
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Offerings"). Your access to and use of any Third Party Offering,
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including any goods, services, or information, is governed by the terms
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and conditions respecting such offerings and copyright laws of the
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United States and other countries. Third Party Offerings are not owned
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or provided by Adobe. You agree that you will not use any of such Third
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Party Offerings in violation of copyright laws of the United States or
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other countries.Adobe or the third party may at any time, for any
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reason, modify or discontinue the availability of any Third Party
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Offerings. Adobe does not control, endorse or accept responsibility for
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Third Party Offerings. Any dealings between you and any third party in
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connection with a Third Party Offerings, including such party's privacy
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policies and use of your personal information, delivery of and payment
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for goods and services and any other terms, conditions, warranties or
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representations associated with such dealings, are solely between you
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and such third party. Third Party Offerings might not be available in
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all languages or to residents of all countries and Adobe or the third
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party may, at any time and for any reason, modify or discontinue the
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availability of any Third Party Offerings.
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8.2 EXCEPT AS EXPRESSLY AGREED BY ADOBE OR ITS AFFILIATES OR A THIRD
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PARTY IN A SEPARATE AGREEMENT, YOUR USE OF ADOBE AND THIRD PARTY
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OFFERINGS IS AT YOUR OWN RISK UNDER THE WARRANTY AND LIABILITY
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LIMITATIONS OF SECTIONS 1.1 AND 10.
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9. Digital Certificates. You acknowledge and agree to the following:
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9.1 Use. Adobe AIR uses digital certificates to help you identify the
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publisher of Adobe AIR applications created by third parties.
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Additionally, Adobe AIR uses digital certificates to establish the
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identity of servers accessed via the Transport Layer Security (TLS)
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protocol, including access via HTTPS. Adobe Reader uses digital
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certificates to sign and validate signatures within PDF documents and
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to validate certified PDF documents. Adobe Runtimes use digital
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certificates to secure protected content from unauthorized usage. Your
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Computer may connect to the Internet at the time of validation of a
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digital certificate in order to download current certificate revocation
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lists (CRLs) or to update the list of digital certificates. This access
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may be made both by the Software and by applications based on the
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Software. Digital certificates are issued by third party certificate
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authorities, including Adobe Certified Document Services (CDS) vendors
|
|
listed at [53]http://www.adobe.com/go/partners_cds and Adobe Approved
|
|
Trust List (AATL) vendors listed at
|
|
[54]http://www.adobe.com/security/approved-trust-list.html, and
|
|
individualization vendors found at
|
|
[55]http://www.adobe.com/go/protected_content (collectively
|
|
"Certification Authorities"), or can be self-signed.
|
|
|
|
9.2 Terms and Conditions. Purchase, use and reliance upon digital
|
|
certificates are the responsibility of you and a Certification
|
|
Authority. Before you rely upon any certified document, digital
|
|
signature or Certification Authority services, you should review the
|
|
applicable terms and conditions under which the relevant Certification
|
|
Authority provides services, including, for example, any subscriber
|
|
agreements, relying party agreements, certificate policies and practice
|
|
statements. See the links on [56]http://www.adobe.com/go/partners_cds
|
|
for information about Adobe's CDS vendors and
|
|
[57]http://www.adobe.com/security/approved-trust-list.html for
|
|
information about Adobe's AATL vendors.
|
|
|
|
9.3 Acknowledgement. You agree that (a) a digital certificate may have
|
|
been revoked prior to the time of verification, making the digital
|
|
signature or certificate appear valid when in fact it is not, (b) the
|
|
security or integrity of a digital certificate may be compromised due
|
|
to an act or omission by the signer of the document, the applicable
|
|
Certification Authority, or any other third party, and (c) a
|
|
certificate may be a self-signed certificate not provided by a
|
|
Certification Authority. YOU ARE SOLELY RESPONSIBLE FOR DECIDING
|
|
WHETHER OR NOT TO RELY ON A CERTIFICATE. UNLESS A SEPARATE WRITTEN
|
|
WARRANTY IS PROVIDED TO YOU BY A CERTIFICATION AUTHORITY, YOU USE
|
|
DIGITAL CERTIFICATES AT YOUR SOLE RISK.
|
|
|
|
9.4 Third Party Beneficiaries. You agree that any Certification
|
|
Authority you rely upon is a third party beneficiary of this agreement
|
|
and shall have the right to enforce this agreement in its own name as
|
|
if it were Adobe.
|
|
|
|
9.5 Indemnity. You agree to hold Adobe and any applicable Certification
|
|
Authority (except as expressly provided in its terms and conditions)
|
|
harmless from any and all liabilities, losses, actions, damages, or
|
|
claims (including all reasonable expenses, costs, and attorneys fees)
|
|
arising out of or relating to any use of, or reliance on, any service
|
|
of such authority, including, without limitation (a) reliance on an
|
|
expired or revoked certificate, (b) improper verification of a
|
|
certificate, (c) use of a certificate other than as permitted by any
|
|
applicable terms and conditions, this agreement or applicable law; (d)
|
|
failure to exercise reasonable judgment under the circumstances in
|
|
relying on issuer services or certificates or (e) failure to perform
|
|
any of the obligations as required in the terms and conditions related
|
|
to the services.
|
|
|
|
10. Limitation of Liability.
|
|
|
|
IN NO EVENT WILL ADOBE, ITS SUPPLIERS, OR CERTIFICATION AUTHORITIES BE
|
|
LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY
|
|
CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR
|
|
LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE
|
|
POSSIBILITY OF SUCH LOSS, DAMAGES, OR CLAIMS. THE FOREGOING LIMITATIONS
|
|
AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR
|
|
JURISDICTION. ADOBE'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS AND
|
|
CERTIFICATION AUTHORITIES UNDER OR IN CONNECTION WITH THIS AGREEMENT
|
|
SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing
|
|
contained in this agreement limits Adobe's liability to you in the
|
|
event of death or personal injury resulting from Adobe's negligence or
|
|
for the tort of deceit (fraud). Adobe is acting on behalf of its
|
|
suppliers and Certification Authorities for the purpose of disclaiming,
|
|
excluding and/or limiting obligations, warranties and liability as
|
|
provided in this agreement, but in no other respects and for no other
|
|
purpose. For further information, please see the jurisdiction specific
|
|
information at the end of this agreement, if any, or contact Adobe's
|
|
Customer Support Department.
|
|
|
|
11. Export Rules.
|
|
|
|
You agree that the Software will not be shipped, transferred, or
|
|
exported into any country or used in any manner prohibited by the
|
|
United States Export Administration Act or any other export laws,
|
|
restrictions or regulations (collectively the "Export Laws"). In
|
|
addition, if the Software is identified as export controlled items
|
|
under the Export Laws, you represent and warrant that you are not a
|
|
citizen, or otherwise located within, an embargoed nation (including
|
|
without limitation Iran, Syria, Sudan, Cuba, and North Korea) and that
|
|
you are not otherwise prohibited under the Export Laws from receiving
|
|
the Software. All rights to Use the Software are granted on condition
|
|
that such rights are forfeited if you fail to comply with the terms of
|
|
this agreement.
|
|
|
|
12. Governing Law.
|
|
|
|
This agreement will be governed by and construed in accordance with the
|
|
substantive laws in force: (a) in the State of California, if a license
|
|
to the Software is obtained when you are in the United States, Canada,
|
|
or Mexico; or (b) in Japan, if a license to the Software is obtained
|
|
when you are in Japan, China, Korea, or other Southeast Asian country
|
|
where all official languages are written in either an ideographic
|
|
script (e.g., Hanzi, Kanji, or Hanja), and/or other script based upon
|
|
or similar in structure to an ideographic script, such as Hangul or
|
|
Kana; or (c) in England, if a license to the Software is obtained when
|
|
you are in any other jurisdiction not described above. The respective
|
|
courts of Santa Clara County, California when California law applies,
|
|
Tokyo District Court in Japan, when Japanese law applies, and the
|
|
competent courts of England, when the law of England applies, shall
|
|
each have non-exclusive jurisdiction over all disputes relating to this
|
|
agreement. This agreement will not be governed by the conflict of law
|
|
rules of any jurisdiction or the United Nations Convention on Contracts
|
|
for the International Sale of Goods, the application of which is
|
|
expressly excluded.
|
|
|
|
13. General Provisions.
|
|
|
|
If any part of this agreement is found void and unenforceable, it will
|
|
not affect the validity of the balance of this agreement, which shall
|
|
remain valid and enforceable according to its terms. This agreement
|
|
shall not prejudice the statutory rights of any party dealing as a
|
|
consumer. This agreement may only be modified by a writing signed by an
|
|
authorized officer of Adobe. Updates may be licensed to you by Adobe
|
|
with additional or different terms. This is the entire agreement
|
|
between Adobe and you relating to the Software and it supersedes any
|
|
prior representations, discussions, undertakings, communications, or
|
|
advertising relating to the Software.
|
|
|
|
14. Notice to U.S. Government End Users.
|
|
|
|
For U.S. Government End Users, Adobe agrees to comply with all
|
|
applicable equal opportunity laws including, if appropriate, the
|
|
provisions of Executive Order 11246, as amended, Section 402 of the
|
|
Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212),
|
|
and Section 503 of the Rehabilitation Act of 1973, as amended, and the
|
|
regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The
|
|
affirmative action clause and regulations contained in the preceding
|
|
sentence shall be incorporated by reference in this agreement.
|
|
|
|
15. 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.
|
|
|
|
16. European Union Provisions.
|
|
|
|
Nothing included in this agreement (including Section 4.5) shall limit
|
|
any non-waivable right to decompile the Software that you may enjoy
|
|
under mandatory law. For example, if you are located in the European
|
|
Union (EU), you may have the right upon certain conditions specified in
|
|
the applicable law to decompile the Software if it is necessary to do
|
|
so in order to achieve interoperability of the Software with another
|
|
software program, and you have first asked Adobe in writing to provide
|
|
the information necessary to achieve such interoperability and Adobe
|
|
has not made such information available. In addition, such
|
|
decompilation may only be done by you or someone else entitled to use a
|
|
copy of the Software on your behalf. Adobe has the right to impose
|
|
reasonable conditions before providing such information. Any
|
|
information supplied by Adobe or obtained by you, as permitted
|
|
hereunder, may only be used by you for the purpose described herein and
|
|
may not be disclosed to any third party or used to create any software
|
|
which is substantially similar to the expression of the Software or
|
|
used for any other act which infringes Adobe or its licensors'
|
|
copyright.
|
|
|
|
17. Specific Provisions and Exceptions.
|
|
|
|
17.1 Limitation of Liability for Users Residing in Germany and Austria.
|
|
|
|
17.1.1 If you obtained the Software in Germany or Austria, and you
|
|
usually reside in such country, then Section 10 does not apply.
|
|
Instead, subject to the provisions in Section 17.1.2, Adobe's statutory
|
|
liability for damages shall be limited as follows: (a) Adobe shall be
|
|
liable only up to the amount of damages as typically foreseeable at the
|
|
time of entering into the license agreement in respect of damages
|
|
caused by a slightly negligent breach of a material contractual
|
|
obligation and (b) Adobe shall not be liable for damages caused by a
|
|
slightly negligent breach of a non-material contractual obligation.
|
|
|
|
17.1.2 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.
|
|
|
|
17.1.3 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.
|
|
|
|
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
|
|
[58]http://www.adobe.com to contact the Adobe office serving your
|
|
jurisdiction.
|
|
|
|
Adobe, Adobe AIR, AIR, Authorware, Flash, Reader, and Shockwave are
|
|
either registered trademarks or trademarks of Adobe Systems
|
|
Incorporated in the United States and/or other countries.
|
|
|
|
PlatformClients_PC_WWEULA-en_US-20100108_1657
|