adobe
By admin On March 28th, 2022PDA, medical device, ATM, telematic device, gaming machine, home automation system, kiosk, remote control device, or any other consumer electronics device; (b) operator-based mobile, cable, satellite, or television system; or (c) other closed system device. Additional information on licensing Adobe Runtimes is available at http://www.adobe.com/go/licensing. 4.9 Territory. Customer shall only use the Software and access the Adobe Online Services in the Territory and in a manner consistent with the activation policy described at http://www.adobe.com/go/activation. Adobe may terminate the license granted herein or suspend the Membership or access to the Adobe Online Services if Adobe determines that Customer is using the Software or Adobe Online Services outside the Territory. 5. Updates. If the Software is an Update to a prior version of Adobe software (the “Prior Version”), then Customer’s use of this Update is conditional upon its retention of the Prior Version. Therefore, if Customer validly transfers this Update pursuant to Section 4.6, the Customer must transfer the Prior Version along with it. If Customer wishes to use this Update in addition to the Prior Version, then Customer may only do so on the same Computer on which it has installed and is using the Prior Version. Any obligations that Adobe may have to support Prior Versions during the License Term may end upon the availability of this Update. No other use of the Update is permitted. Additional Updates may be licensed to Customer by Adobe with additional or different terms. 6. Limited Warranty. Except as otherwise stated in a separate agreement between Adobe and a Software licensee, 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 corresponding user manual for the Software for the shorter period of (a) the ninety (90) day period or (b) License Term following receipt of the Software (“Warranty Period”) when used on the Compatible Computer. Non-substantial variation of performance from the user manual does not establish a warranty right. This limited warranty does not apply to the following, which are made available AS-IS and without warranty from Adobe: (i) patches; (ii) font software; (iii) Pre-release Software, trial, starter, evaluation, product sampler, Evaluation Software, and not-for-resale copies of the Software; (iv) websites, Adobe Online Services; and Third Party Online Services; (v) Certified Document Services (see Section 16); and (vi) any software made available by Adobe for free via web download from an Adobe website. All warranty claims must be made, along with proof of purchase, to the Adobe Customer Support Department within such Warranty Period. Additional information on warranty claims is available at http://www.adobe.com/go/support. The entire liability of Adobe and its affiliates related to such warranty claim and Customer’s sole and exclusive remedy under any warranty will be limited to either, at Adobe’s option, support of the Software based on the warranty claim, replacement of the Software, or, if support or replacement is not practicable at Adobe’s determination, refund of the license fee Customer paid for the Software (if any). THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES CUSTOMER SPECIFIC LEGAL RIGHTS. CUSTOMER MAY HAVE ADDITIONAL RIGHTS UNDER LAW WHICH MAY VARY FROM JURISDICTION TO JURISDICTION. ADOBE DOES NOT SEEK TO LIMIT CUSTOMER’S WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. Please see Section 16 for jurisdiction-specific provisions or contact the Adobe Customer Support Department. 7. Disclaimer. THE LIMITED WARRANTY IN SECTION 6 AND ANY STATUTORY WARRANTY AND REMEDY THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW ARE THE ONLY WARRANTIES AND EXCLUSIVE REMEDIES APPLICABLE TO THE SOFTWARE. OTHER THAN THOSE OFFERED AND STATUTORY WARRANTIES AND REMEDIES, ADOBE, ITS AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES (DEFINED BELOW) DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND 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, AND FITNESS FOR ANY PARTICULAR PURPOSE. OTHER THAN SUCH OFFERED AND STATUTORY WARRANTIES AND REMEDIES, THE SOFTWARE AND ACCESS TO ANY WEBSITES, ADOBE OR THIRD PARTY ONLINE SERVICES, AND CERTIFICATE AUTHORITY SERVICES ARE PROVIDED AS-IS AND WITH ALL FAULTS. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS. CUSTOMER MAY HAVE ADDITIONAL WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ADOBE DOES NOT SEEK TO LIMIT CUSTOMER’S WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. 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. 8. Limitation of Liability. EXCEPT FOR THE EXCLUSIVE REMEDY OFFERED BY ADOBE ABOVE AND ANY REMEDIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW, ADOBE, ITS AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES WILL NOT BE LIABLE TO CUSTOMER 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. IN ANY EVENT, ADOBE’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES 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’s liability to Customer 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 affiliates, suppliers, and Certificate Authorities for the purpose of disclaiming, excluding and limiting obligations, warranties, and liability, but in no other respects and for no other purpose. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN CUSTOMER’S JURISDICTION. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME JURISDICTIONS. CUSTOMER MAY HAVE RIGHTS THAT CANNOT BE WAIVED UNDER CONSUMER PROTECTION AND OTHER LAWS. ADOBE DOES NOT SEEK TO LIMIT ITS WARRANTY OR REMEDIES TO ANY EXTENT NOT PERMITTED BY LAW. SEE SECTION 16 FOR JURISDICTION-SPECIFIC STATEMENTS. 9. Export Rules. Customer acknowledges that the Software is subject to the U.S. Export Administration Regulations (the “EAR”) and that Customer will comply with the EAR. Customer will not export or re-export the Software, directly or indirectly, to: (a) any countries that are subject to U.S. export restrictions (including, but not limited to, Cuba, Iran, North Korea, Sudan, and Syria), (b) any end user whom Customer knows or has reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems, or (c) any end user who has been prohibited from participating in the U.S. export transactions by any federal agency of the U.S. government. In addition, Customer is responsible for complying with any local laws in Customer’s jurisdiction which may impact its right to import, export or use the Software. If Adobe has knowledge that a violation has occurred, Adobe may be prohibited from providing maintenance and support for the Software. 10. Governing Law. If Customer is a consumer who uses the Software for only personal non-business purposes, then this agreement will be governed by the laws of the jurisdiction which Customer purchased the license to use the Software. If Customer is not such a consumer, 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 obtained when Customer is in the United States, Canada, or Mexico; (b) Japan, if a license to the Software is obtained when Customer is in Japan; (c) Singapore, if a license to the Software is obtained when Customer is in a member state of the Association of Southeast Asian Nations, Mainland China, Hong Kong S.A.R., Macau S.A.R., Taiwan, or the Republic of Korea; or (d) England and Wales, if a license to the Software is obtained when Customer is 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 and Wales applies, shall each have non-exclusive jurisdiction over all disputes relating to this agreement. When Singapore law applies, any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC”) for the time being in force, which rules are deemed to be incorporated by reference into this section. There shall be one arbitrator, selected jointly by the parties. If the arbitrator is not selected within thirty (30) days of the written demand by a party to submit to arbitration, the Chairman of the SIAC shall make the selection. The language of the arbitration shall be English. Notwithstanding any provision in this agreement, Adobe or Customer may request any judicial, administrative, or other authority to order any provisional or conservatory measure, including injunctive relief, specific performance, or other equitable relief, prior to the institution of legal or arbitration proceedings, or during the proceedings, for the preservation of its rights and interests or to enforce specific terms that are suitable for provisional remedies. This agreement will not be governed by the following, the application of which is hereby expressly excluded: (x) the conflict of law rules of any jurisdiction, (y) the United Nations Convention on Contracts for the International Sale of Goods, and (z) the Uniform Computer Information Transactions Act, as enacted in any jurisdiction. 11. 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 will remain valid and enforceable according to its terms. This agreement may only be modified in 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 Customer relating to the Software and it supersedes any prior representations, discussions, undertakings, communications, or advertising relating to the Software. 12. Notice to U.S. Government End Users. 12.1 U.S. Government Licensing of Adobe Technology. Customer agrees that when licensing Adobe Software for acquisition by the U.S. Government, or any contractor therefore, Customer 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 into this agreement. 12.2 Commercial Items. For U.S. Government End Users, Software is a “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. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable. Consistent with 48 C.F.R. Section 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. 13. Compliance with Licenses. If Customer is a business, company, or organization, Customer agrees that, in addition to any license compliance checking performed by the Software, Adobe or its authorized representative have the right, no more than once every twelve (12) months, upon seven (7) business days’ prior notice to Customer, to inspect Customer’s records, systems, and facilities to verify that its use of any and all Adobe software or service is in conformity with its valid licenses from Adobe. For example, Adobe has the right to those of Customer’s records useful to determine whether installations of the Software have been serialized, and Customer shall provide such records to Adobe promptly upon request by Adobe. Additionally, Customer shall provide Adobe with all records and information requested by Adobe in order to verify that its use of any and all Adobe software is in conformity with its valid licenses from Adobe within thirty (30) days of Adobe’s request. Additional information on serialization is available at http://www.adobe.com/go/elicensing. 14. Internet Connectivity and Privacy. 14.1 Automatic Connections to the Internet. The Software may cause Customer’s Computer, without notice, to automatically connect to the Internet and to communicate with an Adobe website or Adobe domain for purposes such as license validation and providing Customer with additional information, features, or functionality. Unless otherwise specified in Sections 14.2 through 14.7, the following provisions apply to all automatic Internet connections by the Software: 14.1.1 Whenever the Software makes an Internet connection and communicates with an Adobe website, whether automatically or due to explicit user request, the Privacy Policy shall apply. Adobe Privacy Policy allows tracking of website visits and it addresses in detail the topic of tracking and use of cookies, web beacons, and similar devices. 14.1.2 Whenever the Software connects to Adobe over the Internet, certain Customer information is collected and transmitted by the Software to Adobe pursuant to the Adobe Online Privacy Policy available at http://www.adobe.com/go/privacy (“Privacy Policy”). 14.1.3 If Customer accesses an Adobe Online Service (as defined in Section 16.4 below) or activates or registers the Software, then additional information such as Customer’s Adobe ID, user name, and password may be transmitted to and stored by Adobe pursuant to the Privacy Policy and additional terms of use related to such Adobe Online Service (collectively with the Adobe.com terms of use and any applicable terms, the “Additional Terms of Use”). 14.1.4 As permitted by applicable law or as consented to by Customer, Adobe may (a) send Customer transactional messages to facilitate the Adobe Online Service or the activation or registration of the Software or Adobe Online Service, or (b) deliver in-product marketing to provide information about the Software and other Adobe products and Services using information including but not limited to platform version, version of the Software, license status, and language. 14.2 Updating. The Software may cause Customer’s Computer, without additional notice, to automatically connect to the Internet (intermittently or on a regular basis) to (a) check for Updates that are available for download to and installation on the Computer and (b) notify Adobe of the results of installation attempts. 14.3 Activation. The Software may require Customer to (a) obtain an Adobe ID, (b) activate or reactivate the Software, (c) register the software, or (d) validate the Membership. Such requirement may cause Customer’s Computer to connect to the Internet without notice on install, on launch, and on a regular basis thereafter. Once connected, the Software will collect and transmit information to Adobe as further described at http://www.adobe.com/go/activation (“Activation Terms”). Software or Customer may also receive information from Adobe related to Customer’s license, subscription, or Membership. Adobe may use such information to detect or prevent fraudulent or unauthorized use not in accordance with a valid license, subscription, or Membership. Failure to activate or register the Software, validate the subscription or Membership, or a determination by Adobe of fraudulent or unauthorized use of the Software may result in reduced functionality, inoperability of the Software, or a termination or suspension of the subscription or Membership. 14.4 Deactivation. Customer may deactivate and uninstall the Software from its Computer in order to install and activate the Software on another Computer in accordance with this agreement (“Deactivation”) and as further described in http://www.adobe.com/go/activation. Deactivation requires Internet connectivity. 14.5 Use of Online Services. The Software may cause Customer’s Computer, without additional notice and on an intermittent or regular basis, to automatically connect to the Internet to facilitate Customer’s access to content and services that are provided by Adobe or third parties as further described in Section 16.4 (Online Services). In addition, the Software may, without additional notice, automatically connect to the Internet to update downloadable materials from these online services so as to provide immediate availability of these services even when Customer is offline. 14.6 Digital Certificates. The Software uses digital certificates (as described in Section 16.5) to help Customer identify downloaded files (e.g., applications and content) and the publishers of those files. For example, Adobe AIR uses digital certificates to help Customer identify the publisher of Adobe AIR applications. The Adobe Acrobat family of products also uses digital certificates to sign and validate signatures within Portable Document Format (“PDF”) documents and to validate certified PDF documents. Customer’s Computer may connect to the Internet at the time of validation of a digital certificate. 14.7 Settings Manager. The Software may include Flash Player. Flash Player may save certain user settings by storing them on Customer’s Computer as a local shared object. They are associated with the instance of Flash Player on the Computer, allowing Customer to customize runtime features. The Flash Player Settings Manager permits Customer to modify such settings, including the ability to limit third parties from storing local shared objects or grant third party content the right to access the computer’s microphone and camera. Additional information on how to configure settings in its version of Flash Player, including information on how to disable local shared objects using the Flash Player Settings Manager, is available at http://www.adobe.com/go/settingsmanager. Additional information on local shared objects is available at http://www.adobe.com/go/flashplayer_security. 15. Peer-to-Peer Communications. The Software may use Customer’s connection to a local area network, without additional notice, to automatically connect to other Adobe software and, in doing so, may indicate on the local area network that it is available for communication with other Adobe software. These connections may transmit the IP Address of Customer’s connection to the local network. 16. Specific Provisions and Exceptions. This section sets forth specific provisions related to certain products and 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, the terms stated in this section will supersede such other term or condition. 16.1 No Prejudice; European Economic Area Provisions; Australia Mandatory Notice. 16.1.1 This agreement will not prejudice the statutory rights of any party, including those dealing as consumers. 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. 16.1.2 If Customer obtained the Software in the European Economic Area (EEA), Customer usually resides in the EEA and Customer is a consumer (that is its use of the Software is for personal, non-business related purposes), then Section 6 (Limited Warranty) does not apply to Customer’s purchase and use of the Software. Instead, Adobe warrants for a period of 2 years from purchase that the Software provides the functionalities set forth in the applicable user manual (the “agreed upon functionalities”) when used on the Compatible Computer. Non-substantial variation from the agreed upon functionalities will not establish any warranty rights. THIS WARRANTY DOES NOT APPLY TO SOFTWARE THAT CUSTOMER USES ON A PRE-RELEASE, TRYOUT, STARTER, OR PRODUCT SAMPLER BASIS, OR TO FONT SOFTWARE, OR TO THE EXTENT THE SOFTWARE FAILS TO PERFORM BECAUSE IT HAS BEEN ALTERED BY CUSTOMER. To make a warranty claim, Customer must notify the Adobe Customer Support Department during this 2 year period, providing details of proof of purchase of the Software. Adobe will verify with Customer whether there is a defect in the Software or advise Customer that the error arises because Customer has not installed the Software correctly (in which case, Adobe shall assist Customer). If there is a defect in the Software, Customer may request from Adobe either a refund or a repaired or replacement copy of the Software. Requests must be accompanied by proof of purchase. In the event Customer’s warranty details are substantiated, Adobe will meet Customer’s request for repaired or replacement Software, unless it is not reasonable for Adobe to do so, in which case Adobe will provide Customer with a refund. For warranty assistance, please contact the Adobe Customer Support Department. Please note that the provisions of Section 8 (Limitation of Liability) will continue to apply to any damages claims Customer makes in respect of its use of the Software. Nonetheless, Adobe shall be liable for direct losses that are reasonably foreseeable in the event of a breach by Adobe of this agreement. Customer is advised to take all reasonable measures to avoid and reduce damages, in particular by making back-up copies of the Software and its computer data. This agreement, and in particular this Section 16.1.2, is intended to describe Customer’s rights (including its statutory rights) in the event there should be problems with its use of the Software. If Customer’s statutory rights are greater than this description, its statutory rights shall apply. 16.1.3 Nothing included in this agreement (including Section 4.4) shall limit any non-waivable right to decompile the Software that Customer may enjoy under applicable law. For example, if Customer is located in the European Union (EU), Customer 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 Customer has first asked Adobe in writing to provide the information necessary to achieve such operability and Adobe has not made such information available. In addition, such decompilation may only be performed by Customer or someone else entitled to use a copy of the Software on Customer’s behalf. Adobe has the right to impose reasonable conditions before providing such information. Any information supplied by Adobe or obtained by Customer, as permitted hereunder, may only be used by Customer for the purpose described herein and may not be disclosed to any third party or used to create any software that is substantially similar to the expression of the Software or used for any other act that infringes the copyright of Adobe or its licensors. 16.1.4 If Customer obtains the Software in Australia, then the following provision shall apply, notwithstanding anything stated to the contrary in this Agreement: NOTICE TO CONSUMERS IN AUSTRALIA: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Our software products also come with a 90‑day limited warranty given by Adobe Systems Software Ireland Limited, with an office at 4‑6 Riverwalk, Citywest Business Campus, Dublin, Ireland, as set out in the Agreement. If your products do not provide the general features and functions described in the User Documentation in the 90‑day period after delivery to you, please call the Adobe Customer Support Department at 1800 614 863 with details of your product, serial number, and proof of purchase. You may be required to return the software product to the address we provide to you at the time, in which case such return will be at your own cost. The benefits under this warranty are in addition to other rights and remedies that you may have at law. 16.2 Pre-release Software Additional Terms. If the Software is pre-commercial release or beta software (“Pre-release Software”), then this section applies. The Pre-release Software does not represent final product from Adobe, and may contain bugs, errors, and other problems that could cause system or other failures and data loss. Adobe may never commercially release the Pre-release Software. If Customer received the Pre-release Software pursuant to a separate written agreement, such as the Adobe Systems Incorporated License Agreement for Pre-release Software, then Customer’s use of the Software is also governed by such agreement. Customer will promptly return or destroy all copies of Pre-release Software upon the earlier of Adobe’s request or upon Adobe’s commercial release of such Software. CUSTOMER’S USE OF PRE-RELEASE SOFTWARE IS AT ITS OWN RISK. SEE SECTIONS 6 AND 8 FOR LIMITED WARRANTY AND LIABILITY LIMITATIONS RELATED TO PRE-RELEASE SOFTWARE. 16.3 Educational Software Product. If the Software is Educational Software Product (Software manufactured and distributed for use only by Educational End Users), Customer is not entitled to use the Software unless Customer qualify in its jurisdiction as an Educational End User. Please visit http://www.adobe.com/go/edu_purchasing to learn about eligibility. Please visit http://www.adobe.com/go/store and look for the link for Buying Adobe Products Worldwide to find an Adobe Authorized Academic Reseller. 16.4 Online Services. 16.4.1 Provided by Adobe. The Software facilitates Customer’s access to content and various services that are hosted on websites maintained by Adobe or its affiliates (“Adobe Online Services”). Examples of such Adobe Online Services might include, but are not limited to: Adobe BrowserLab, Adobe CS Review, Business Catalyst, Digital Publishing Suite, Acrobat.com, Search for Help, and product Welcome Screens. In some cases an Adobe Online Service might appear as a feature or extension within the Software even though it is hosted on a website. Access to an Adobe Online Service may require Customer to activate the Software, obtain an Adobe ID, consent to Additional Terms of Use, or require a separate fee in order to access such Adobe Online Services. Adobe Online Services might not be available in all languages or to residents of all countries and Adobe may, at any time and for any reason, modify or discontinue the availability of any Adobe Online Service. Adobe also reserves the right to begin charging a fee for access to or use of an Adobe Online Service that was previously offered at no charge. Section 14 states important information regarding Internet connectivity and Customer’s privacy. As stated in Section 14, when the Software accesses an Adobe Online Service, Customer’s use of such Adobe Online Service is governed by the Adobe Privacy Policy (http://www.adobe.com/go/privacy), by the Adobe.com Terms of Use (http://www.adobe.com/go/terms), and by any Additional Terms of Use that might be presented to Customer at that time. 16.4.2 Provided by Third Parties. The Software may facilitate Customer’s access to websites maintained by third parties offering goods, information, software, and services (“Third Party Online Services”). Examples of such Third Party Online Services might include, but are not limited to, the Kodak EasyShare Gallery service. Customer’s access to and use of any Third Party Online Services is governed by the terms, conditions, disclaimers, and notices found on such site or otherwise associated with such Third Party Online Services. Adobe does not control, endorse, or accept responsibility for Third Party Online Services. Any dealings between Customer and any third party in connection with a Third Party Online Service, including such party’s privacy policies and use of Customer’s personal information, delivery of and payment for goods and services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between Customer and such third party. Third Party Online Services might not be available in all languages or to residents of all countries and Adobe may, at any time and for any reason, modify or discontinue the availability of any Third Party Online Service. 16.4.3 EXCEPT AS EXPRESSLY AGREED BY ADOBE OR ITS AFFILIATES OR A THIRD PARTY IN A SEPARATE AGREEMENT, CUSTOMER’S USE OF ADOBE ONLINE SERVICES AND THIRD PARTY ONLINE SERVICES IS AT ITS OWN RISK UNDER THE WARRANTY AND LIABILITY LIMITATIONS OF SECTIONS 7 AND 8. 16.5 Digital Certificates. 16.5.1 Use. Digital certificates are issued by third party certificate authorities, including Adobe Certified Document Services (CDS) vendors listed at http://www.adobe.com/go/partners_cds and Adobe Approved Trust List vendors (“AATL”) listed at http://www.adobe.com/go/aatl (collectively “Certificate Authorities”), or can be self-signed. 16.5.2 Terms and Conditions. Purchase, use, and reliance upon digital certificates is the responsibility of Customer and a Certificate Authority. Before Customer relies upon any certified document, digital signature, or Certificate Authority services, Customer should review the applicable terms and conditions under which the relevant Certificate Authority provides services, including, for example, any subscriber agreements, relying party agreements, certificate policies, and practice statements. See the links on http://www.adobe.com/go/partners_cds for information about Adobe’s CDS vendors and http://www.adobe.com/go/aatl for information about AATL vendors. 16.5.3 Acknowledgement. Customer agrees that (a) the Software, due to configuration or external issues, might show a signature as valid despite the fact a digital certificate may have been revoked or expired prior to the time of verification; (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 Certificate Authority, or any other third party; and (c) a certificate may be a self-signed certificate not provided by a Certificate Authority. CUSTOMER IS SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE. UNLESS A SEPARATE WRITTEN WARRANTY IS PROVIDED TO CUSTOMER BY A CERTIFICATE AUTHORITY, CUSTOMER’S USE OF DIGITAL CERTIFICATES IS AT ITS SOLE RISK. 16.5.4 Third-Party Beneficiaries. Customer agrees that any Certificate Authority which the Customer relies 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. 16.5.5 Indemnity. Customer agrees to hold Adobe and any applicable Certificate 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 Customer’s use of, or any 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. 16.6 Font Software. If the Software includes font software: 16.6.1 Customer may use the font software with the Software on Computers as described in Section 2 and output the font software to any output device(s) connected to such Computer(s). 16.6.2 If the Permitted Number of Computers is five (5) or fewer, Customer may 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 the font software remain resident in such output device, and of one more such output device for every multiple of five represented by the Permitted Number of Computers. 16.6.3 Customer may take a copy of the font(s) Customer has used for a particular file to a commercial printer or other service bureau, and such service bureau may use the font(s) to process its file, provided such service bureau has a valid license to use that particular font software. 16.6.4 Customer may embed copies of the font software into its electronic documents for the purpose of printing, viewing, and editing the document. No other embedding rights are implied or permitted under this license. 16.6.5 As an exception to the above, the fonts listed at http://www.adobe.com/go/restricted_fonts are included with the Software only for purposes of operation of the Software user interface and not for inclusion within any Output Files. Such listed fonts are not licensed under this Section 16.6. Customer agrees that it will not copy, move, activate or use, or allow any font management tool to copy, move, activate or use, such listed fonts in or with any software application, program, or file other than the Software. 16.7 After Effects Render Engine. If the Software includes the full version of Adobe After Effects, then Customer may install an unlimited number of Render Engines on Computers within its Internal Network which includes at least one Computer on which the full version of the Adobe After Effects software is installed. The term “Render Engine” means an installable portion of the Software that allows After Effects projects to be rendered but which cannot be used to create or modify projects and does not include the complete After Effects user interface. 16.8 Acrobat Standard, Acrobat Pro, and Adobe Acrobat Suite Features. If the Software includes Acrobat Standard, Acrobat Pro, Acrobat Suite, or certain features within the above software, then this Section 16.8 shall apply. 16.8.1 Additional Definitions. 16.8.1.1 “Deploy” means to deliver or otherwise make available, directly or indirectly, by any means including but not limited to a network or Internet, an Extended Document to one or more recipients. 16.8.1.2 “Extended Document” means a PDF file manipulated by the Software to enable the ability to locally save documents with filled-in PDF forms. 16.8.2 The Software may include enabling technology that allows Customer to enable PDF documents with certain features through the use of a digital credential located within the Software (“Key”). Customer agrees not to access, attempt to access, control, disable, remove, use, or distribute the Key for any purpose. 16.8.3 For any unique Extended Document Customer may only either (a) Deploy such Extended Document to an unlimited number of unique recipients, but Customer shall not extract information or cause the information to be extracted from more than five hundred (500) unique instances of such Extended Document or any hardcopy representation of such Extended Document containing filled form fields; or (b) Deploy such Extended Document to no more than five hundred (500) unique recipients without limits on the number of times Customer may extract information from such Extended Document returned to Customer filled-in by such recipients. Notwithstanding anything herein to the contrary, obtaining additional licenses to use Acrobat Standard, Acrobat Pro, or Adobe Acrobat Suite shall not increase the foregoing limits (that is, the foregoing limits are the aggregate total limits regardless of how many additional licenses to use Acrobat Standard, Acrobat Pro, or Adobe Acrobat Suite Customer may have obtained). 16.9 Flash Player Projectors and Runtime. Customer’s rights to use any Flash player, projector, standalone player, plug-in, runtime, or ActiveX control provided to Customer as part of or with the Software, or in an Output File shall be governed by terms available at http://www.adobe.com/go/flashplayer_usage. Unless and except as provided therein, Customer shall have no rights to use or distribute such software. 16.10 Contribute Publishing Services. Subject to the Contribute Publishing Services software end user license agreement accompanying such software, Customer shall not connect to the Contribute Publishing Services software unless Customer has purchased a license to connect to such Contribute Publishing Services software for each individual who may connect to such Contribute Publishing Services software; provided, however, that trial versions of Adobe Contribute software may install and connect to the Contribute Publishing Services software in accordance with the Contribute Publishing Services software end user license agreement. 16.11 Adobe Presenter. If the Software includes Adobe Presenter and Customer installs or uses the Adobe Connect Add-in in connection with the use of the Software, Customer agrees that it will install and use such add-in only on a desktop Computer and not on any non-PC product, including, but not limited to, a web appliance, set top box, handheld, phone, or web pad device. Further, the portion of the Software that is embedded in a presentation, information, or content created and generated using the Software (the “Adobe Presenter Run-Time”) may only be used together with the presentation, information, or content in which it is embedded. Customer shall not use, and shall cause all licensees of such presentation, information, or content not to use, the Adobe Presenter Run-Time other than as embedded in such presentation, information or content. In addition, Customer shall not use, and shall cause all licensees of such presentation, information, or content not to, modify, reverse engineer, or disassemble the Adobe Presenter Run-Time. 16.12 Flash Builder with LiveCycle Data Services (LCDS) Data Management Library. Adobe Flash Builder may include the fds.swc library. Customer may use fds.swc only to provide client-side data management capabilities and as an output file within software Customer develops, subject to the following: Customer may not (a) use fds.swc to enable associations or offline capabilities within software or (b) incorporate fds.swc into any software that is similar to Adobe LiveCycle Data Services or BlazeDS. If Customer would like to do any of the foregoing, Customer will need to request a separate license from Adobe. 16.13 Digital Publishing Suite. The following terms apply if Software includes certain components or features designed to work with or access Digital Publishing Suite, subject to the Additional Terms of Use for Digital Publishing Suite. “DPS Desktop Tools” means Folio Overlays Panel, Folio Builder Panel, Content Viewer for Desktop, and Digital Publishing Plug-in for InDesign. If the Software includes DPS Desktop Tool (or any component thereof), then, except as otherwise provided in this Section 16 or the Additional Terms of Use, Customer may install and use the DPS Desktop Tools solely for the purposes of (a) creating or producing the content designed to be displayed within the Content Viewer (“Output”), (b) evaluating and testing the Output, and (c) where available, accessing and using the Adobe Digital Publishing Suite services pursuant to the Additional Terms of Use. Except as otherwise permitted herein, Customer may not display, distribute, modify, or publicly perform the DPS Desktop Tools. 16.14 AVC DISTRIBUTION. The following notice applies to Software containing AVC import and export functionality: THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL NON-COMMERCIAL USE OF A CONSUMER TO (a) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (b) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE http://www.adobe.com/go/mpegla. 16.15 MPEG-2 DISTRIBUTION. The following notice applies to Software containing MPEG‑2 import and export functionality: USE OF THIS PRODUCT OTHER THAN CONSUMER PERSONAL USE IN ANY MANNER THAT COMPLIES WITH THE MPEG‑2 STANDARD FOR ENCODING VIDEO INFORMATION FOR PACKAGED MEDIA IS EXPRESSLY PROHIBITED WITHOUT A LICENSE UNDER APPLICABLE PATENTS IN THE MPEG‑2 PATENT PORTFOLIO, WHICH LICENSE IS AVAILABLE FROM MPEG LA, L.L.C. 250 STEELE STREET, SUITE 300 DENVER, COLORADO 80206. 16.16 Apple. If the Software is downloaded from the Apple iTunes Application Store (“App”), then Customer acknowledges and agrees to the following additional terms: (a) Apple has no liability for the App and its content; (b) Customer’s use of the App is limited to a non-transferable license to use the App on any iPhone™, iPad™ or iPod Touch™ that Customer owns or controls as allowed by the Application Store Terms of Service; (c) Apple has no obligation whatsoever to furnish any maintenance and support services for the App; (d) to the extent permitted by applicable law, Apple has no warranty obligation to the App and Adobe will be responsible for any claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty set forth in this Agreement; (e) Apple is not liable for any claims relating to the App or Customer’s possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal requirement; and (iii) consumer protection claims; (f) Apple is not liable for any third-party claims that the App infringes a third party’s intellectual property rights; and (g) Apple and its subsidiaries are third party beneficiaries of this Agreement with respect to any such App, and that Apple will have the right to enforce the Agreement against Customer as a third party beneficiary. 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 to contact the Adobe office serving your jurisdiction. The name of this Software, Adobe, Acrobat, Adobe Connect, AIR, After Effects, Authorware, Business Catalyst, Contribute, Creative Suite, Digital Publishing Suite, Flash, Flash Builder, LiveCycle, Pixel Bender, Presenter, Shockwave, and all related titles and logos are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries. All other trademarks are the property of their respective owners.Drag and drop your files, or type, paste, and edit text here.
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