Adobe Systems Incorporated
For 1 Computer(s)
End User License Agreement
PLEASE RETURN ANY ACCOMPANYING REGISTRATION FORM TO RECEIVE REGISTRATION BENEFITS
NOTICE TO USER:
THIS IS A CONTRACT. PLEASE READ IT CAREFULLY. BY INDICATING YOUR ACCEPTANCE BELOW, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, DECLINE WHERE INSTRUCTED, AND YOU WILL NOT BE ABLE TO USE THE SOFTWARE. IF YOU DO NOT ACCEPT THIS AGREEMENT AND HAVE PROOF OF PAYMENT, YOU MAY RETURN THE UNUSED SOFTWARE TO THE LOCATION AT WHICH YOU ACQUIRED IT WITHIN THIRTY (30) DAYS FOR A REFUND OF SUCH LICENSE FEE.
This Adobe Systems Incorporated ("Adobe") End User License Agreement ("Agreement") sets forth the terms and conditions under which you are licensed to use the Software. Software means (A) all of the contents of the disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) Adobe or third party software; (ii) digital images, stock photographs, clip art or other artistic works ("Stock Files"); (iii) related explanatory written materials ("Documentation"); and (iv) fonts; and (B) modified versions, upgrades, updates, additions, and copies of the Software, if any, licensed to you by Adobe (collectively, "Updates"). The term "Permitted Number of Computers" means the number of computers indicated at the top of this Agreement.
Adobe grants to you a nonexclusive license to use the Software, provided that you agree to the following:
1. Use of the Software.
1.1 You may install one copy of the Software onto a hard disk or other storage device of up to the Permitted Number of Computers.
1.2 You may install one copy of the Software on a single file server for the purpose of downloading and installing the Software onto a hard disk or other storage device of up to the Permitted Number of Computers that are on the same network as the file server. No other network use is permitted.
1.3You may make one backup copy of the Software, provided your backup copy is not installed or used on any computer.
1.4HOME USE. The primary user of each computer on which the Software is installed may also install the Software on one home computer. However, the Software may not be used on the home computer at the same time the Software on the primary computer is being used.
1.5STOCK FILES. Unless stated otherwise in the Documentation, you may display, modify, reproduce and distribute any of the Stock Files included with the Software. However, you may not distribute the Stock Files on a stand-alone basis, i.e., in circumstances in which the Stock Files constitute the primary value of the product being distributed. You should review the "Read-Me" files associated with the Stock Files that you use to ascertain what rights you have with respect to such materials. Stock Files may not be used in the production of libelous, defamatory, fraudulent, infringing, lewd, obscene or pornographic material or in any otherwise illegal manner. You may not register or claim any trademark rights in the Stock Files or derivative works thereof.
1.6FONT SOFTWARE. If the Software includes font software, you may--
1.6.1Use the font software as described above on the Permitted Number of Computers and output such font software on any output devices connected to such computers.
1.6.2If the Number of Permitted Computers is five or fewer, download the font software to the memory (hard disk or RAM) of one output device connected to at least one of such computers for the purpose of having such font software remain resident in the output device, and of one additional such output device for every multiple of five represented by the Permitted Number of Computers.
1.6.3Take a copy of the font(s) you have used for a particular file to a commercial printer or other service bureau, and such service bureau may use the font(s) to process your file, provided such service bureau has a valid license to use that particular font software.
1.6.4Convert and install the font software into another format for use in other environments, subject to the following conditions: A computer on which the converted font software is used or installed shall be considered as one of your Permitted Number of Computers. Use of the font software you have converted shall be pursuant to all the terms and conditions of this Agreement, such font software may be used only for your own customary internal business or personal use, and such font software may not be distributed or transferred for any purpose, except in accordance with section 3 below.
2. Copyright. The Software and any copies that you make are owned by Adobe and its suppliers, and its structure, organization and code are the valuable trade secrets of Adobe and its suppliers. The Software is also protected by United States Copyright Law and International Treaty provisions. You must treat the Software just as you would any other copyrighted material, such as a book. You may not copy the Software, except as set forth in the "Use of the Software" section. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. Except for font software converted to other formats as permitted in section 1.6.4, you agree not to modify, adapt or translate the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. Trademarks shall be used in accordance with accepted trademark practice,
including identification of trademark owners' names. Trademarks can only be used to identify printed output produced by the Software and such use does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software. This Agreement provides the terms and conditions under which you are licensed to use the Software. It is not an agreement for the sale of the Software to you.
3. Transfer. You may not rent, lease, sublicense or lend the Software. You may, however, transfer all your rights to use the Software to another person or legal entity provided (1) that you transfer this Agreement, the Software, including all copies, updates and prior versions and all copies of font software converted into other formats, to such person or entity, (2) that you retain no copies, including copies stored on a computer, and (3) that the receiving party accepts the terms and conditions of this Agreement.
4. Multiple Environment Software/Multiple Language Software/Dual Media Software/Multiple Copies/Updates. If the Software supports multiple platforms or languages, you receive the Software on multiple media, or you otherwise receive multiple copies of the Software, the number of computers on which all versions of the Software are installed may not exceed the Permitted Number of Computers. You may not rent, lease, sublicense, lend or transfer versions or copies of the Software you do not use. If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version to use the Update and you may use the previous version for ninety (90) days after you receive the Update to assist you in the transition to the Update. After such time you no longer have a license to use the previous version, except for the sole purpose of enabling you to install the Update.
5. Limited Warranty. Adobe warrants to you that the Software will perform substantially in accordance with the Documentation for the ninety (90) day period following your receipt of the Software. This limited warranty does not apply to font software converted into other formats. To make a warranty claim, you must return the Software to the location where you obtained it along with proof of purchase within such ninety (90) day period. If the Software does not perform substantially in accordance with the Documentation, the entire liability of Adobe and your exclusive remedy shall be limited to either, at Adobe's option, the replacement of the Software or the refund of the license fee you paid for the Software. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR ADOBE'S OR ITS SUPPLIERS' BREACH OF WARRANTY. THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.
For further warranty information, please contact Adobe's Customer Support Department.
6. DISCLAIMER OF WARRANTIES. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 5, ADOBE AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. ADOBE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days.
7. Limitation of Liability. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A REPRESENTATIVE OF ADOBE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. Governing Law and General Provisions. This Agreement will be governed by the laws in force in the State of California excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. 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. This Agreement shall automatically terminate upon failure by you to comply with its terms, in which event you must destroy all copies of the Software. This Agreement may only be modified by a writing signed by an authorized officer of Adobe,
although Adobe may vary the terms of this Agreement in connection with the licensing of any Updates to you.
9. Notice to U.S. Government End Users. The Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. ?.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. ?2.212 or 48 C.F.R. ?27.7202, as applicable. Consistent with 48 C.F.R. ?2.212 or 48 C.F.R. Ё227.7202-1 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.
10. Copy of this Agreement. For future reference, a copy of the Agreement is included in the Documentation.
11. Compliance with Licenses. If you are a business or organization, you agree that upon request of Adobe or Adobe's authorized representative, you will within thirty (30) days fully document and certify that your use of any and all Adobe software at the time of the request is in conformity with your valid licenses from Adobe.
Adobe is a trademark of Adobe Systems Incorporated.
