license.html

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update. After you install such update or upgrade, you may continue
to use any such previous version in accordance with its end-user
license agreement only if (a) the upgrade or update and all
previous versions are installed on the same device, (b) the
previous versions or copies thereof are not transferred to another
party or device unless all copies of the update or upgrade are also
transferred to such party or device and (c) you acknowledge that
any obligation Adobe may have to support the previous version(s)
may be ended upon the availability of the upgrade or update. No
other use of the previous version(s) is permitted after
installation of an update or upgrade.Upgrades and updates may be
licensed to you by Adobe with additional or different
terms.</p>
<p class="c4"><b>6. LIMITED WARRANTY.</b>
Except as may be otherwise provided in Section 14,
Adobe warrants to the individual or entity that first purchases a
license for the Software for use pursuant to the terms of this
agreement that the Software will perform substantially in
accordance with the Documentation for the ninety (90) day period
following receipt of the Software when used on the recommended
operating system and hardware configuration. Non-substantial
variation of performance from the Documentation does not establish
a warranty right. THIS LIMITED WARRANTY DOES NOT APPLY TO PATCHES,
FONT SOFTWARE CONVERTED INTO OTHER FORMATS, PRE-RELEASE (BETA),
TRYOUT, STARTER, EVALUATION, PRODUCT SAMPLER, OR NOT FOR RESALE
(NFR) COPIES OF SOFTWARE, OR WEBSITES, ONLINE SERVICES OR CD
SERVICES (See Section 14). All warranty claims must be made, along
with proof of purchase, to the Adobe Customer Support Department
within such ninety (90) day period. Visit the Adobe Customer
Support pages at <b><a target="ADB-ESG" href=
"http://www.adobe.com/">http://www.adobe.com</a></b>
for more information about warranty claims. If the
Software does not perform substantially in accordance with the
Documentation, the entire liability of Adobe and its affiliates and
your exclusive remedy will be limited to either, at
Adobe&rsquo;s option, replacement of the Software or refund of
the license fee you paid for the Software. THE LIMITED WARRANTY SET
FORTH IN THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE
ADDITIONAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. For
further warranty information, please see the jurisdiction specific
provisions at the end of this agreement, if any, or contact the
Adobe Customer Support Department.</p>
<p class="c4"><b>7. DISCLAIMER.</b>
THE FOREGOING LIMITED WARRANTY IS THE ONLY
WARRANTY MADE BY ADOBE AND ITS AFFILIATES AND STATES THE SOLE AND
EXCLUSIVE REMEDIES FOR ADOBE, ITS AFFILIATES OR SUPPLIERS' BREACH
OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY AND ANY
WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT THE SAME
CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU
IN YOUR JURISDICTION, ADOBE AND ITS AFFILIATES AND SUPPLIERS
PROVIDE THE SOFTWARE AND ACCESS TO ANY WEBSITES, ONLINE SERVICES
AND CD SERVICES AS-IS AND WITH ALL FAULTS AND EXPRESSLY DISCLAIM
ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS
OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR
OTHERWISE AS TO ANY MATTER, INCLUDING BUT NOT LIMITED TO
PERFORMANCE, SECURITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS,
INTEGRATION, MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY QUALITY
OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of Sections 7
and Section 8 will survive the termination of this agreement,
howsoever caused, but this will not imply or create any continued
right to use the Software after termination of this
Agreement.</p>
<p class="c4"><b>8. LIMITATION OF
LIABILITY.</b> EXCEPT FOR THE EXCLUSIVE
REMEDY SET FORTH ABOVE AND AS OTHERWISE PROVIDED IN SECTION 14, IN
NO EVENT WILL ADOBE OR ITS AFFILIATES OR SUPPLIERS BE LIABLE TO YOU
FOR ANY LOSS, DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY
CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR
LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION,
PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A
THIRD PARTY, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS. THE
FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED
BY APPLICABLE LAW IN YOUR JURISDICTION. ADOBE&rsquo;S AGGREGATE
LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN
CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID
FOR THE SOFTWARE, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE
EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE
FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. Nothing contained
in this agreement limits Adobe&rsquo;s liability to you in the
event of death or personal injury resulting from Adobe&rsquo;s
negligence or for the tort of deceit (fraud). Adobe is acting on
behalf of its affiliates and suppliers for the purpose of
disclaiming, excluding and limiting obligations, warranties and
liability, but in no other respects and for no other purpose. For
further information, please see the jurisdiction specific
information at the end of this agreement, if any, or contact the
Adobe Customer Support Department.</p>
<p class="c4"><b>9. Export Rules.</b>
You agree that the Software will not be shipped,
transferred or exported into any country or used in any manner
prohibited by the United States Export Administration Act or any
other export laws, restrictions or regulations (collectively the
"Export Laws"). In addition, if the Software is identified as an
export controlled item under the Export Laws, you represent and
warrant that you are not a citizen of, or located within, an
embargoed or otherwise restricted nation (including without
limitation Iran, Syria, Sudan, Libya, Cuba and North Korea) and
that you are not otherwise prohibited under the Export Laws from
receiving the Software. All rights to use the Software are granted
on condition that such rights are forfeited if you fail to comply
with the terms of this agreement.</p>
<p class="c4"><b>10. Governing Law.</b>
This agreement will be governed by and construed
in accordance with the substantive laws in force in: (a) the State
of California, if a license to the Software is purchased when you
are in the United States, Canada, or Mexico; or (b) Japan, if a
license to the Software is purchased when you are in Japan, China,
Korea, or other Southeast Asian country where all official
languages are written in either an ideographic script (e.g., hanzi,
kanji, or hanja), and/or other script based upon or similar in
structure to an ideographic script, such as hangul or kana; or (c)
England, if a license to the Software is purchased when you are in
any jurisdiction not described above. The respective courts of
Santa Clara County, California when California law applies, Tokyo
District Court in Japan, when Japanese law applies, and the
competent courts of London, England, when the law of England
applies, shall each have non-exclusive jurisdiction over all
disputes relating to this agreement. This agreement will not be
governed by the conflict of law rules of any jurisdiction or the
United Nations Convention on Contracts for the International Sale
of Goods, the application of which is expressly
excluded.</p>
<p class="c4"><b>11. General
Provisions.</b> If any part of this
agreement is found void and unenforceable, it will not affect the
validity of the balance of this agreement, which will remain valid
and enforceable according to its terms. This agreement will not
prejudice the statutory rights of any party dealing as a consumer.
For example, for consumers in New Zealand who obtain the Software
for personal, domestic or household use (not business purposes),
this agreement is subject to the Consumer Guarantees Act. This
agreement may only be modified by a writing signed by an authorized
officer of Adobe. The English version of this agreement will be the
version used when interpreting or construing this agreement. This
is the entire agreement between Adobe and you relating to the
Software and it supersedes any prior representations, discussions,
undertakings, communications or advertising relating to the
Software.</p>
<p class="c4"><b>12. Notice to U.S. Government End
Users.</b></p>
<p class="c5">12.1 Commercial Items. The Software
and Documentation are "Commercial Item(s)," as that term is defined
at 48 C.F.R. Section 2.101, consisting of "Commercial Computer
Software" and "Commercial Computer Software Documentation," as such
terms are used in 48 C.F.R. &sect;12.212 or 48 C.F.R.
&sect;227.7202, as applicable. Consistent with 48 C.F.R.
&sect;12.212 or 48 C.F.R. Sections 227.7202-1 through 227.7202-4,
as applicable, the Commercial Computer Software and Commercial
Computer Software Documentation are being licensed to U.S.
Government end users (a) only as Commercial Items and (b) with only
those rights as are granted to all other end users pursuant to the
terms and conditions herein. Unpublished-rights reserved under the
copyright laws of the United States. Adobe Systems Incorporated,
345 Park Avenue, San Jose, CA 95110-2704, USA.</p>
<p class="c5">12.2 U.S. Government Licensing of
Adobe Technology. You agree that when licensing Adobe Software for
acquisition by the U.S. Government, or any contractor therefore,
you will license consistent with the policies set forth in 48
C.F.R. Section 12.212 (for civilian agencies) and 48 C.F.R.
Sections 227-7202-1 and 227-7202-4 (for the Department of Defense).
For U.S. Government End Users, Adobe agrees to comply with all
applicable equal opportunity laws including, if appropriate, the
provisions of Executive Order 11246, as amended, Section 402 of the
Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC
4212), and Section 503 of the Rehabilitation Act of 1973, as
amended, and the regulations at 41 CFR Parts 60-1 through 60-60,
60-250, and 60-741. The affirmative action clause and regulations
contained in the preceding sentence will be incorporated by
reference in this agreement.</p>

<p class="c4"><b>13. Compliance with
Licenses.</b> If you are a business,
company or organization, you agree that upon request from Adobe or
its authorized representative you will within thirty (30) days
fully document and certify that use of any and all Adobe software
at the time of the request is in conformity with your valid
licenses from Adobe.</p>
<p class="c4"><b>14. Specific Provisions and
Exceptions.</b> This section sets forth
specific provisions related to certain components of the Software
as well as limited exceptions to the above terms and conditions. To
the extent that any provision in this section is in conflict with
any other term or condition in this agreement, this section will
supersede such other term or condition.</p>
<p class="c5">14.1 Limited Warranty for Users
Residing in Germany or Austria. If you obtained the Software in
Germany or Austria, and you usually reside in such country, then
Section 6 does not apply; instead, Adobe warrants that the Software
provides the functionalities set forth in the Documentation (the
"agreed upon functionalities") for the limited warranty period
following receipt of the Software when used on the recommended
hardware configuration. As used in this Section, "limited warranty
period" means one (1) year if you are a business user and two (2)
years if you are not a business user. Non-substantial variation
from the agreed upon functionalities will not and does not
establish any warranty rights. THIS LIMITED WARRANTY DOES NOT APPLY
TO SOFTWARE PROVIDED TO YOU FREE OF CHARGE, FOR EXAMPLE, UPDATES,
PRE-RELEASE, TRYOUT, STARTER, PRODUCT SAMPLER AND NOT FOR RESALE
(NFR) COPIES OF SOFTWARE, OR TO FONT SOFTWARE CONVERTED INTO OTHER
FORMATS, WEB SITES, ONLINE SERVICES, CD SERVICES OR SOFTWARE THAT
HAS BEEN ALTERED BY YOU, TO THE EXTENT SUCH ALTERATION CAUSED A
DEFECT. To make a warranty claim, during the limited warranty
period you must return, at our expense, the Software and proof of
purchase to the location where you obtained it. If the
functionalities of the Software vary substantially from the agreed
upon functionalities, Adobe is entitled -- by way of re-performance
and at its own discretion -- to repair or replace the Software. If
this fails, you are entitled to a reduction of the purchase price
(reduction) or to cancel the purchase agreement (rescission). For
further warranty information, please contact the Adobe Customer
Support Department.</p>
<p class="c5">14.2 Limitation of Liability for
Users Residing in Germany and Austria.</p>
<p class="c5">14.2.1 If you obtained the Software
in Germany or Austria, and you usually reside in such country, then
Section 8 does not apply. Instead, subject to the provisions in
Section 14.2.2, Adobe and its affiliates' statutory liability for
damages will be limited as follows: (i) Adobe and its affiliates
will be liable only up to the amount of damages as typically
foreseeable at the time of entering into the purchase agreement in
respect of damages caused by a slightly negligent breach of a
material contractual obligation and (ii) Adobe and its affiliates
will not be liable for damages caused by a slightly negligent
breach of a non-material contractual obligation.</p>
<p class="c5">14.2.2 The aforesaid limitation of
liability will not apply to any mandatory statutory liability, in
particular, to liability under the German Product Liability Act,
liability for assuming a specific guarantee or liability for
culpably caused personal injuries.</p>
<p class="c5">14.2.3 You are required to take all
reasonable measures to avoid and reduce damages, in particular to