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ADOBE SYSTEMS INCORPORATED
NOTICE TO USER: THIS SOFTWARE LICENSE AGREEMENT (“AGREEMENT”) GOVERNS USE OF THE SOFTWARE DESCRIBED HEREIN BY LICENSEES OF SUCH SOFTWARE. LICENSEE AGREES THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY LICENSEE. BY CLICKING TO ACCEPT THIS AGREEMENT DURING REVIEW OF AN ELECTRONIC VERSION OF THIS AGREEMENT, OR DOWNLOADING, COPYING, INSTALLING OR USING THE SOFTWARE, LICENSEE ACCEPTS ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT IS ENFORCEABLE AGAINST ANY PERSON OR ENTITY THAT INSTALLS AND USES THE SOFTWARE AND ANY PERSON OR ENTITY (E.G., SYSTEM INTEGRATOR, CONSULTANT OR CONTRACTOR) THAT INSTALLS OR USES THE SOFTWARE ON ANOTHER PERSON’S OR ENTITY’S BEHALF.
THIS AGREEMENT SHALL APPLY ONLY TO THE SOFTWARE TO WHICH LICENSEE HAS OBTAINED A VALID LICENSE REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN. LICENSEE’S RIGHTS UNDER THIS AGREEMENT MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS IN A SEPARATE WRITTEN AGREEMENT WITH ADOBE THAT SUPPLEMENTS OR SUPERSEDES ALL OR PORTIONS OF THIS AGREEMENT. 1. Definitions.
1.1 “Adobe” means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose, California 95110, if subsection 11 of this Agreement applies; otherwise it means Adobe Systems Software Ireland Limited, 4-6 Riverwalk, Lake Drive, City West Campus, Saggart D24, Dublin, Republic of Ireland, a company organized under the laws of Ireland and an affiliate and licensee of Adobe Systems Incorporated.
1.2 “Documentation” means the user manuals and/or technical publications as applicable, relating to use and administration of the Software.
1.3 “Software” means the object-code version of the software program(s) including all Documentation and other materials provided by Adobe to Licensee under this Agreement. 2. Software License.
2.1 General Use. Licensee may install and use copies of the Software its computers solely for the purpose of completing an installation or removal of an installation of Adobe Acrobat software in accordance with the Documentation. See Section 3 for restrictions on the use of Software.
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2.2 Documentation. Licensee may make copies of the Documentation for use solely in connection with use of the Software in accordance with this Agreement, but no more than the amount reasonably necessary. Any permitted copy of the Documentation that Licensee makes must contain the same copyright and other proprietary notices that appear on or in the Documentation. 3. Restrictions and Obligations.
3.1 No Modification; No Reverse Engineering. Licensee will not (a) modify, translate, adapt or create derivative works based upon the Software; and (b) reverse engineer, decompile or otherwise attempt to discover the source code of the Software except to the extent Licensee may be expressly permitted under applicable law to decompile only in order to achieve interoperability with the Software.
3.2 No Inconsistent Use. Licensee will not install or use the Software in a manner inconsistent with its design, including use on computers with which the Software is not designed to operate and use in circumvention of content protection technologies (if any).
3.3 No Distribution or Transfer. Licensee will not distribute, rent, lease, sublicense, assign or transfer Licensee’s rights in the Software, or authorize the Software to be copied onto another user’s computer except as expressly allowed by this Agreement. Licensee may permanently transfer all Licensee’s rights to use the Software to another person or legal entity as long as (a) Licensee retains no copies and (b) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which Licensee properly licensed the Software.
3.4 If Licensee provides feedback with respect to the Software, including without limitation feedback on usability, bug reports, test results and documentation (collectively “Feedback”), then Licensee grants to Adobe a non-exclusive, worldwide, royalty-free right and license to reproduce, distribute, make derivative works based upon, publicly display, publicly perform, make, use, sell, and export the Feedback, including without limitation the right to sublicense such rights through multiple tiers of sublicensees. Licensee agrees that Licensee has all rights necessary to provide the Feedback to Adobe under this Agreement and acknowledges that Adobe is in no way obligated to incorporate, use or otherwise acknowledge any Feedback that Licensee has provided. 4. Third Party Materials.
Use of some third party materials may be subject to terms and conditions typically found in a separate license Agreement, terms of service or readme file located near such materials, for example at https://www.adobe.com/go/thirdparty. 5. Intellectual Property Ownership.
Adobe and its suppliers own all intellectual property rights in the Software. The Software is licensed, not sold. Licensee will not install, copy or use the Software in any manner not expressly permitted above. All rights not expressly granted under this Agreement are reserved by Adobe and its suppliers. 6. No Maintenance and Support.
Adobe provides no maintenance and support services for the Software. 7. NO WARRANTY.
THE SOFTWARE IS PROVIDED TO LICENSEE “AS IS” AND ADOBE DISCLAIMS ANY WARRANTY OR LIABILITY OBLIGATIONS TO LICENSEE OF ANY KIND. LICENSEE ACKNOWLEDGES THAT ADOBE MAKES NO EXPRESS, IMPLIED, OR STATUTORY WARRANTY OF ANY KIND WITH RESPECT TO THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY WITH REGARD TO PERFORMANCE, MERCHANTABILITY, SATISFACTORY QUALITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS DISCLAIMER OR WARRANTY MAY NOT BE VALID IN SOME STATES. LICENSEE MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ADOBE DOES NOT SEEK TO LIMIT LICENSEE’S WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. These exclusions and limitations will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. 8. LIMITATION OF LIABILITY.
8.1 EXCEPT FOR ANY REMEDIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW, ADOBE, AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE TO LICENSEE FOR ANY LOSS, DAMAGES, CLAIMS OR COSTS INCLUDING ANY INDIRECT, CONSEQUENTIAL, 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 AND SUPPLIERS IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE GREATER OF THE AMOUNT PAID FOR THE SOFTWARE, IF ANY, OR US$50.00. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. Nothing contained in this Agreement limits Adobe’s liability to Licensee 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 and suppliers for the purpose of disclaiming, excluding and limiting obligations, warranties and liability, but in no other respects and for no other purpose.
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8.2 THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE’S JURISDICTION. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME STATES. LICENSEE MAY HAVE RIGHTS THAT CANNOT BE WAIVED UNDER CONSUMER PROTECTION AND OTHER LAWS. ADOBE DOES NOT SEEK TO LIMIT LICENSEE’S WARRANTY OR REMEDIES TO ANY EXTENT NOT PERMITTED BY LAW. 9. Term and Termination.
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Each party may terminate this Agreement without cause upon fifteen (15) days prior written notice to the other party. Additionally, Adobe may terminate this Agreement immediately upon written notice if Licensee fails to comply with any term of this Agreement. Upon any such termination, Licensee agrees to promptly return or destroy the Software. The provisions of this Agreement that would by their nature reasonably apply after termination and/or expiration of this Agreement shall survive the termination or expiration of this Agreement. 10. Export Rules.
Licensee will comply with all applicable export laws, restrictions or regulations. If the Software is identified as an export controlled item under U.S. export law, Licensee represents and warrants that Licensee is not a citizen of, or located within, an embargoed or otherwise restricted nation, and that Licensee is not otherwise prohibited under U.S. export laws from receiving the Software. 11. Governing Law.
This Agreement will be governed by and construed in accordance with the substantive laws of the State of California and Licensee agrees to jurisdiction at the courts of Santa Clara County, California. 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. 12. General Provisions.
If any provision of this Agreement is found unenforceable, only that provision, interpreted as narrowly as possible, will be held unenforceable and the rest of this Agreement will remain valid and enforceable according to its terms. This Agreement may only be modified by a writing signed by an authorized officer of Adobe. This Agreement is the entire agreement between Adobe and Licensee relating to the Software, and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
If Licensee has any questions regarding this Agreement or if Licensee wishes to request any information from Adobe please use the address and contact information included with this Software or via the web at www.adobe.com to contact the Adobe office serving Licensee’s jurisdiction.
Adobe is either a registered trademark or trademark of Adobe Systems Incorporated in the United States and/or other countries.
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