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<p class="c2"><b>ADOBE</b></p><br>
<p class="c2"><b>Software License
Agreement</b></p><br>
<p class="c3">To view the Software License Agreement in Hebrew,
visit <a target="ADB-ESG" href=
"http://www.adobe.com/go/eulas_il">http://www.adobe.com/go/eulas_il</a>.</p><br>
<p class="c3">NOTICE TO USER: PLEASE READ THIS
AGREEMENT CAREFULLY. BY COPYING, INSTALLING, OR USING ALL OR ANY
PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF
THIS AGREEMENT, INCLUDING, IN PARTICULAR THE PROVISIONS ON:
TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTIONS 6 AND 7;
LIABILITY IN SECTION 8; CONNECTIVITY AND PRIVACY IN SECTION 14; AND
SPECIFIC PROVISIONS AND EXCEPTIONS IN SECTION 16. YOU AGREE THAT
THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY
YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY
THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED: FOR
EXAMPLE, IF APPLICABLE, YOUR EMPLOYER. IF YOU DO NOT AGREE TO THE
TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. VISIT
<a target="ADB-ESG" href=
"http://www.adobe.com/go/support_il">http://www.adobe.com/go/support_il</a>
FOR INFORMATION ABOUT RETURNING THE SOFTWARE AND
OBTAINING A REFUND.</p><br>
<p class="c3">YOU MAY HAVE ANOTHER WRITTEN
AGREEMENT DIRECTLY WITH ADOBE (E.G., A VOLUME LICENSE AGREEMENT)
THAT SUPPLEMENTS OR SUPERSEDES ALL OR PORTIONS OF THIS
AGREEMENT.</p><br>
<p class="c3">ADOBE AND ITS SUPPLIERS OWN ALL
INTELLECTUAL PROPERTY IN THE SOFTWARE. THE SOFTWARE IS LICENSED,
NOT SOLD. ADOBE PERMITS YOU TO COPY, DOWNLOAD, INSTALL, USE, OR
OTHERWISE BENEFIT FROM THE FUNCTIONALITY OR INTELLECTUAL PROPERTY
OF THE SOFTWARE ONLY IN ACCORDANCE WITH THE TERMS OF THIS
AGREEMENT. USE OF SOME ADOBE AND SOME NON-ADOBE MATERIALS AND
SERVICES INCLUDED IN OR ACCESSED THROUGH THE SOFTWARE MAY BE
SUBJECT TO OTHER TERMS AND CONDITIONS TYPICALLY FOUND IN A SEPARATE
LICENSE AGREEMENT, TERMS OF USE OR “READ ME” FILE
LOCATED WITHIN OR NEAR SUCH MATERIALS AND SERVICES OR AT
<a target="ADB-ESG" href=
"http://www.adobe.com/go/thirdparty_il">http://www.adobe.com/go/thirdparty_il</a>.
 YOU MAY FIND REQUIRED NOTICES ABOUT NON-ADOBE MATERIALS AT THAT
SITE.</p><br>
<p class="c3">THE SOFTWARE MAY CAUSE YOUR COMPUTER
TO AUTOMATICALLY CONNECT TO THE INTERNET. SEE SECTIONS 14 AND 16
FOR ADDITIONAL INFORMATION.</p><br>
<p class="c3">THE SOFTWARE MAY INCLUDE TECHNOLOGY
DESIGNED TO PREVENT UNAUTHORIZED USE AND COPYING. THIS TECHNOLOGY
MAY CAUSE YOUR COMPUTER TO CONNECT TO THE INTERNET WITHOUT NOTICE
ON INSTALL, ON LAUNCH, AND ON AN INTERMITTENT OR REGULAR BASIS
THEREAFTER. ONCE CONNECTED, THE SOFTWARE WILL TRANSMIT INFORMATION
TO ADOBE VIA AN INTERNET CONNECTION, AS FURTHER DESCRIBED AT
<a target="ADB-ESG" href=
"http://www.adobe.com/go/activation_il">http://www.adobe.com/go/activation_il</a>.
 ADOBE MAY USE THE TRANSMITTED INFORMATION, AS WELL AS OTHER
INFORMATION YOU OR THIRD PARTIES MAY PROVIDE TO US, TO DETECT OR
PREVENT USE OF ADOBE SOFTWARE THAT IS FRAUDULENT, NOT VALIDLY
LICENSED, OR NOT USED IN ACCORDANCE WITH A VALID LICENSE. SOFTWARE
THAT FAILS TO CONNECT TO ADOBE AND SOFTWARE THAT CONNECTS TO ADOBE
WHOSE USE IS FOUND NOT TO BE PERMITTED MAY OFFER ONLY LIMITED
FUNCTIONALITY OR MAY NOT OPERATE AT ALL.</p><br>
<p class="c4"><b>1. Definitions.</b></p><br>
<p class="c5">“Adobe” means
Adobe Systems Incorporated, a Delaware corporation, 345 Park
Avenue, San Jose, California 95110 if this agreement is entered
into while you are in the United States, Canada or Mexico;
otherwise, it means Adobe Systems Software Ireland Limited, 4-6
Riverwalk, Citywest Business Campus, Dublin 24, Ireland.</p><br>
<p class="c5">“Adobe Runtime(s)”
means Adobe AIR, Adobe Flash Player, Shockwave Player, or
Authorware Player.</p><br>
<p class="c5">“Computer” means a
virtual or physical computer device that accepts information in
digital or similar form and manipulates it for a specific result
based on a sequence of instructions.</p><br>
<p class="c5">“Internal Network”
means a private, proprietary network resource accessible only by
employees and individual contractors (i.e., temporary employees) of
a specific corporation or similar business entity. Internal Network
does not include portions of the Internet or any other network
community open to the public, such as membership or subscription
driven groups, associations, and similar organizations.</p><br>
<p class="c5">“Output File”
means an output file you create with the Software.</p><br>
<p class="c5">“Permitted Number”
means one (1) unless otherwise indicated under a valid license
(e.g., volume license) granted by Adobe.</p><br>
<p class="c5">“Software” means
(a) all of the information with which this agreement is
provided, including but not limited to: (i) all software files
and other computer information; (ii) sample and stock
photographs, images, sounds, clip art and other artistic works
bundled with Adobe software and not obtained from Adobe through a
separate service (unless otherwise noted within that service) or
from another party through a separate service (“Content
Files”); (iii) related explanatory written materials
and files (“Documentation”); and (iv) fonts,
and (b) any modified versions and copies of, and upgrades,
updates, and additions to, such information, provided to you by
Adobe at any time, to the extent not provided under separate terms
(collectively, “Updates”).</p><br>
<p class="c4"><b>2. Software
License.</b></p><br>
<p class="c5">If you obtained the Software and any
required serial number(s) from Adobe or one of its authorized
licensees and as long as you comply with the terms of this
agreement, Adobe grants you a non-exclusive license to install and
use the Software in a manner consistent with its design and
Documentation and as further set forth below. See Section 16 for
specific provisions related to the use of certain products and
components, for example font software, Acrobat, After Effects,
Adobe Presenter, Contribute, Adobe Device Central, Flash Player,
Flash Builder, Folio Producer, and Adobe Runtimes.</p><br>
<p class="c5">2.1 Limited Use.</p><br>
<p class="c5">2.1.1 The Software, or portions of
the Software, may allow installation and use without a serial
number. If so, you may install but not use such non-serialized
Software on any number of Computers as part of an organizational
deployment plan. Further, you may install and use such
non-serialized Software on any number of Computers for
demonstration, evaluation, and training purposes only and only if
any Output Files or other materials produced through such use are
used only for internal, non-commercial, and non-production
purposes. You may not use such non-serialized Software after any
applicable time-out period has ended, unless you input a valid
serial number under Section 2.2. ACCESS TO AND USE OF ANY OUTPUT
FILES CREATED WITH SUCH NON-SERIALIZED SOFTWARE IS ENTIRELY AT YOUR
OWN RISK.</p><br>
<p class="c5">2.1.2 The Software, or portions of
the Software, that are provided with a serial number designated for
“evaluation purposes” or other similar
designation (such as Software or a serial number supplied as
“EVAL” under a separate ordering document) and
that includes an expiration date (“Evaluation
Software”) may only be installed and used on Computers for
demonstration, evaluation, and training purposes only and only if
any Output Files or other materials produced through such use are
used only for internal, non-commercial, and non-production
purposes. The Evaluation Software will automatically time out with
or without prior notice. You may not use such Evaluation Software
after any applicable time-out period has ended, unless you input a
valid serial number under Section 2.2. ACCESS TO AND USE OF ANY
OUTPUT FILES CREATED WITH SUCH EVALUATION SOFTWARE IS ENTIRELY AT
YOUR OWN RISK.</p><br>
<p class="c5">2.1.3 Subscription Edition. If you
purchased a subscription-based license to the Software (each such
license, a “Subscription Edition License”), you
may install and use one copy of the Software only on the Permitted
Number of your compatible Computers into which you enter a valid
serial number and only during the period of time for which you have
paid the subscription fee. Ongoing access to a Subscription Edition
License requires: (a) a recurring internet connection to
validate your Subscription Edition License (phone activation is not
available), (b) recurring subscription payments with a valid
credit card and (c) agreement to payment terms and conditions
that are available at <a target="ADB-ESG" href=
"http://www.adobe.com/go/paymentterms_il">http://www.adobe.com/go/paymentterms_il</a>.
 You may cancel your subscription at any time by visiting the
“My Subscriptions” page on Adobe.com, or by
contacting Adobe by visiting <a target="ADB-ESG" href=
"http://www.adobe.com/go/support_contact_il">http://www.adobe.com/go/support_contact_il</a>.
 If your Software cannot connect to the internet on the same
recurring schedule as your payments are made, or if you discontinue
your subscription fee payments, then your Software will become
inactive at the end of your current billing period with or without
additional notice. Your subscription will start as soon as your
credit card is successfully charged and a serial number has been
provided to you.</p><br>
<p class="c5">2.2 General Use. Except as described
otherwise herein, you may install and use one copy of the Software
in accordance with the Documentation only on the Permitted Number
of your compatible Computers into which you enter a valid serial
number.</p><br>
<p class="c5">2.3 Distribution from a Server. You
may copy an image of the Software onto Computer file server(s)
within your Internal Network for the purpose of downloading and
installing the Software onto Computers within the same Internal
Network for use only as permitted by Section 2.1 or 2.2 (as
applicable).</p><br>
<p class="c5">2.4 Server Use. You may install the
Software on Computer file server(s) within your Internal Network
only for use of the Software initiated by an individual from a
Computer within the same Internal Network only as permitted by
Section 2.1 or 2.2 (as applicable). The total number of users (not
the concurrent number of users) able to use the Software on such
Computer file server(s) may not exceed the Permitted
Number.</p><br>
<p class="c5">By way of example, the foregoing
does not permit you to install or access (either directly or
through commands, data, or instructions) the Software:
(a) from or to a Computer not part of your Internal Network,
(b) for enabling web hosted workgroups or web hosted services
available to the public, (c) by any individual or entity to
use, download, copy, or otherwise benefit from the functionality of
the Software unless licensed to do so by Adobe, (d) as a
component of a system, workflow or service accessible by more than
the Permitted Number of users, or (e) for operations not
initiated by an individual user (e.g., automated server
processing).</p><br>
<p class="c5">2.5 Portable or Home Computer Use.
Subject to the important restrictions set forth in
Section 2.6, the primary user of the Computer on which the
Software is installed under Section 2.1.3 or 2.2 (as applicable)
(“Primary User”) may install a second copy of the
Software for his or her exclusive use on either a portable Computer
or a Computer located at his or her home, provided that the
Software on the portable or home Computer is not used at the same
time as the Software on the primary Computer. </p><br>
<p class="c5">2.6 Restrictions on Secondary Use by
Volume Licensees. If the Software was obtained under an Adobe
volume license program (currently known as Adobe Open Options) by
any licensee other than an educational volume licensee, the second
copy of the Software made under Section 2.5 must be used solely for
the benefit and business of that volume licensee. For more
information about secondary use by volume licensees, please visit
our website at <a target="ADB-ESG" href=
"http://www.adobe.com/go/open_options_il">http://www.adobe.com/go/open_options_il</a>.
</p><br>
<p class="c5">2.7 Content Files. Unless stated
otherwise in the “Read-Me” files or other
license(s) associated with the Content Files, which may include
specific rights and restrictions with respect to such materials,
you may use, display, modify, reproduce, and distribute any of the
Content Files. However, you may not distribute the Content Files on
a stand-alone basis (i.e., in circumstances in which the Content
Files constitute the primary value of the product being
distributed), and you may not claim any trademark rights in the
Content Files or derivative works thereof.</p><br>
<p class="c5">2.8 Sample Application Code. You may
modify the source code form of those portions of the Software
programs that are expressly identified as sample code, sample
application code, or sample components (each, “Sample
Application Code”) in the accompanying Documentation
solely for the purposes of designing, developing, and testing
websites and applications developed using Adobe software programs;
provided, however, you are permitted to copy and distribute the
Sample Application Code (modified or unmodified) only if all of the
following conditions are met: (a) you distribute only the
compiled object code versions of the Sample Application Code with
your application; (b) you do not include the Sample
Application Code in any product or application designed for website
development; and (c) you do not use the Adobe name, logos,
icons, or other Adobe trademarks to market your application. You
agree to indemnify, hold harmless, and defend Adobe from and
against any loss, damage, claims, or lawsuits, including
attorney’s fees that arise or result from the use or
distribution of your application.</p><br>
<p class="c5">2.9 Programming Languages. The
Software may include portions of the ExtendScript SDK and Pixel
Bender SDK. Subject to the restrictions contained in this Section
2, Adobe grants to you a nonexclusive, nontransferable,
royalty-free license to use the items in the ExtendScript SDK and
Pixel Bender SDK only for the purpose of internal development of
application programs designed to function with Adobe products.
Except as expressly provided in this Section 2.9, no portions of
the ExtendScript SDK or the Pixel Bender SDK may be modified or
distributed. You agree to indemnify, hold harmless, and defend
Adobe from and against any loss, damage, claims, or lawsuits,
including attorney’s fees that arise or result from such
distribution.</p><br>
<p class="c5">2.10 Dual Boot Platform. The
Software is licensed for use on a specific operating system
platform. You must purchase a separate license for use of the
Software on each operating system platform. By way of example, if
you desire to install the Software on both the Mac OS and Windows
operating system platforms on a device that runs both of those
platforms (i.e., a dual boot machine), then you must first obtain
two separate licenses for the Software. This is true even if two
versions of the Software, each designed for a different operating
system platform, are delivered to you on the same media.</p><br>
<p class="c5">2.11 Documentation. You may make
copies of the Documentation for your own internal use 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 you make must contain the same copyright and
other proprietary notices that appear on or in the
Documentation.</p><br>
<p class="c4"><b>3. Intellectual Property
Ownership.</b></p><br>
<p class="c5">The Software and any authorized
copies that you make are the intellectual property of and are owned
by Adobe Systems Incorporated and its suppliers. The structure,
organization, and source code of the Software are the valuable
trade secrets and confidential information of Adobe Systems
Incorporated and its suppliers. The Software is protected by law,
including but not limited to the copyright laws of the United
States and other countries, and by international treaty provisions.
Except as expressly stated herein, this agreement does not grant
you any intellectual property rights in the Software and all rights
not expressly granted are reserved by Adobe and its
suppliers.</p><br>
<p class="c4"><b>4. Restrictions and
Requirements.</b></p><br>
<p class="c5">4.1 Notices. Any permitted copy of
the Software that you make must contain the same copyright and
other proprietary notices that appear on or in the
Software.</p><br>
<p class="c5">4.2 Use Obligations. You agree that
you will not use the Software other than as permitted by this
agreement and that you will not use the Software in a manner
inconsistent with its design or Documentation.</p><br>
<p class="c5">4.3 No Modifications. Except as
expressly permitted in Sections 2.7, 2.8, or 16, you may not
modify, port, adapt, or translate the Software.</p><br>
<p class="c5">4.4 No Reverse Engineering. You will
not reverse engineer, decompile, disassemble, or otherwise attempt
to discover the source code of the Software. If you are located in
the European Union, please refer to Section 16.1.</p><br>
<p class="c5">4.5 No Unbundling. The Software may
include various applications, utilities, and components, may
support multiple platforms and languages, and may be provided to
you on multiple media or in multiple copies. Nonetheless, the
Software is designed and provided to you as a single product to be
used as a single product on Computers as permitted by Sections 2
and 16. You are not required to install all component parts of the
Software, but you may not unbundle the component parts of the
Software for use on different Computers. You may not unbundle or
repackage the Software for distribution, transfer, or resale. See
Section 16 for specific exceptions to this Section 4.5.</p><br>
<p class="c5">4.6 No Transfer. YOU WILL NOT RENT,
LEASE, SELL, SUBLICENSE, ASSIGN, OR TRANSFER YOUR RIGHTS IN THE
SOFTWARE, OR AUTHORIZE ANY PORTION OF THE SOFTWARE TO BE COPIED
ONTO ANOTHER INDIVIDUAL OR LEGAL ENTITY’S COMPUTER EXCEPT
AS MAY BE EXPRESSLY PERMITTED HEREIN. You may, however, permanently
transfer all your rights to use the Software to another individual
or legal entity provided that: (a) you also transfer
(i) this agreement, (ii) the serial number(s), the
Software affixed to media provided by Adobe or its authorized
distributor, and all other software or hardware bundled, packaged,
or pre-installed with the Software, including all copies, Updates,
and Prior Versions (as defined in Section 5, below), and
(iii) all copies of font software to such individual or
entity; (b) you retain no Updates, Prior Versions, or copies,
including backups and copies stored on a Computer; and (c) the
receiving party accepts the terms and conditions of this agreement
and any other terms and conditions under which you purchased a
valid license to the Software. NOTWITHSTANDING THE FOREGOING, YOU
MAY NOT TRANSFER EDUCATION, PRE-RELEASE, EVALUATION SOFTWARE, OR
NOT FOR RESALE COPIES OF THE SOFTWARE OR SOFTWARE OBTAINED UNDER AN
ADOBE VOLUME LICENSE PROGRAM EXCEPT AS MAY BE EXPRESSLY PERMITTED
BY ADOBE WITHIN THE TERMS OF A VOLUME LICENSE PROGRAM. Information
about obtaining the right to transfer volume licensed software may
be found at <a target="ADB-ESG" href=
"http://www.adobe.com/go/open_options_il">http://www.adobe.com/go/open_options_il</a>
Prior to a transfer Adobe may require that you and
the receiving party confirm in writing your compliance with this
agreement, provide Adobe with information about yourselves, and
register as end-users of the Software. Allow 4-6 weeks to transfer.
Please visit <a target="ADB-ESG" href=
"http://www.adobe.com/go/support_il">http://www.adobe.com/go/support_il</a>
or contact Adobe’s Customer Support
Department for more information.</p><br>
<p class="c5">4.7 No Service Bureau. You will not
use or offer the Software on a service bureau basis. Section 16.4.3
provides a limited exception for font software only.</p><br>
<p class="c5">4.8 Adobe Runtime Restrictions. You
will not use Adobe Runtimes on any non-PC device or with any
embedded or device version of any operating system. For the
avoidance of doubt, and by example only, you may not use Adobe
Runtimes on any (a) mobile device, set top box (STB),
handheld, phone, web pad, tablet and Tablet PC (other than with
Windows XP Tablet PC Edition and its successors), game console, TV,
DVD player, media center (other than with Windows XP Media Center
Edition and its successors), electronic billboard or other digital
signage, Internet appliance or other Internet-connected device,
PDA, 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. For information on licensing Adobe Runtimes for use on such
systems please visit <a target="ADB-ESG" href=
"http://www.adobe.com/go/licensing_il">http://www.adobe.com/go/licensing_il</a>.
</p><br>
<p class="c4"><b>5. Updates.</b></p><br>
<p class="c5">If the Software is an Update to a
prior version of Adobe software (the “Prior
Version”), the following apply:</p><br>
<p class="c5">Your use of this Update is
conditional upon your retention of the Prior Version. Therefore, if
you validly transfer this Update pursuant to Section 4.6, you must
transfer the Prior Version along with it. If you wish to use this
Update in addition to the Prior Version, you may only do so on the
same Computer on which you have installed and are using the Prior
Version. Any obligations that Adobe may have to support Prior
Versions may end upon the availability of this Update. No other use
of the Update is permitted. Additional Updates may be licensed to
you by Adobe with additional or different terms.</p><br>
<p class="c4"><b>6. Limited
Warranty.</b></p><br>
<p class="c5">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 the following, which are made available
AS-IS and without warranty from Adobe: patches, font software;
pre-release (beta), trial, starter, evaluation, product sampler,
and not for resale (NFR) copies of the Software including but not
limited to Evaluation Software; websites, Adobe Online Services;
Third Party Online Services; Certified Document Services (see
Section 16); and 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 ninety (90) day period. Visit the Adobe
Customer Support pages at <a target="ADB-ESG" href=
"http://www.adobe.com/go/support_il">http://www.adobe.com/go/support_il</a>
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’s option, replacement of the Software or refund of
the license fee you paid for the Software (if any). THE LIMITED
WARRANTY SET FORTH IN THIS SECTION GIVES YOU SPECIFIC LEGAL RIGHTS.
YOU MAY HAVE ADDITIONAL RIGHTS UNDER LAW WHICH VARY FROM
JURISDICTION TO JURISDICTION. ADOBE DOES NOT SEEK TO LIMIT YOUR
WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. Please see
Section 16 for jurisdiction-specific provisions or contact the
Adobe Customer Support Department. </p><br>
<p class="c4"><b>7. Disclaimer.</b></p><br>
<p class="c5">THE LIMITED WARRANTY IN SECTION 6 IS
THE ONLY WARRANTY OFFERED BY ADOBE, ITS AFFILIATES, AND SUPPLIERS
AND IT STATES THE SOLE AND EXCLUSIVE REMEDIES FOR ADOBE’S,
ITS AFFILIATES’, OR SUPPLIERS’ BREACH OF THAT
OFFERED WARRANTY. THE LIMITED WARRANTY IN SECTION 6 AND ANY
STATUTORY WARRANTY AND REMEDY THAT CANNOT BE EXCLUDED OR LIMITED
UNDER LAW ARE THE ONLY WARRANTIES 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, ADOBE, ITS
AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES PROVIDE THE
SOFTWARE AND ACCESS TO ANY WEBSITES, ADOBE OR THIRD PARTY ONLINE
SERVICES, AND CERTIFICATE AUTHORITY SERVICES AS-IS AND WITH ALL
FAULTS. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME
JURISDICTIONS. YOU MAY HAVE ADDITIONAL WARRANTY RIGHTS UNDER LAW
WHICH MAY NOT BE WAIVED OR DISCLAIMED. ADOBE DOES NOT SEEK TO LIMIT
YOUR 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.</p><br>
<p class="c4"><b>8. Limitation of
Liability.</b></p><br>
<p class="c5">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 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. 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 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
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. For
further information, contact the Adobe Customer Support
Department.</p><br>
<p class="c5">THE FOREGOING LIMITATIONS AND
EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR
JURISDICTION. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME
JURISDICTIONS. YOU MAY HAVE RIGHTS THAT CANNOT BE WAIVED UNDER
CONSUMER PROTECTION AND OTHER LAWS. ADOBE DOES NOT SEEK TO LIMIT
YOUR WARRANTY OR REMEDIES TO ANY EXTENT NOT PERMITTED BY LAW. SEE
SECTION 16 FOR JURISDICTION-SPECIFIC STATEMENTS.</p><br>
<p class="c4"><b>9. Export Rules.</b></p><br>
<p class="c5">You acknowledge that the Software is
subject to the U.S. Export Administration Regulations and other
export laws, restrictions, and regulations (collectively, the
“Export Laws”) and that you will comply with the
Export Laws. You will not ship, transfer, export, or re-export the
Software , directly or indirectly, to: (a) any countries that
are subject to US export restrictions (currently including, but not
necessarily limited to, Cuba, Iran, North Korea, Sudan, and Syria)
(each, an “Embargoed Country”), (b) any end
user who you know or have 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 (each, a
“Prohibited Use”), 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 (each, a
“Sanctioned Party”). In addition, you are
responsible for complying with any local laws in your jurisdiction
which may impact your right to import, export or use the Software.
You represent and warrant that (i) you are not a citizen of,
or located within, an Embargoed Country, (ii) you will not use
the Software for a Prohibited Use, and (iii) you are not a
Sanctioned Party. 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><br>
<p class="c4"><b>10. Governing Law.</b></p><br>
<p class="c5">If you are 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
you purchased the license to use the Software. If you are 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
you are in the United States, Canada, or Mexico; or (b) Japan,
if a license to the Software is obtained when you are in Japan; or
(c) Singapore, if a license to the Software is obtained when
you are 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, if a license to the
Software is obtained 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. 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 in 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 you 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: (a) the conflict of law rules of any jurisdiction,
(b) the United Nations Convention on Contracts for the
International Sale of Goods, and (c) the Uniform Computer
Information Transactions Act, as enacted in any
jurisdiction.</p><br>
<p class="c4"><b>11. General
Provisions.</b></p><br>
<p class="c5">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 you relating to the Software and it
supersedes any prior representations, discussions, undertakings,
communications, or advertising relating to the Software.</p><br>
<p class="c4"><b>12. Notice to U.S. Government End
Users.</b></p><br>
<p class="c5">12.1 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><br>
<p class="c5">12.2 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. Adobe Systems Incorporated, 345 Park Avenue, San Jose,
CA 95110-2704, USA.</p><br>
<p class="c4"><b>13. Compliance with
Licenses.</b></p><br>
<p class="c5">If you are a business, company, or
organization, you agree 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 ten (10) days’ prior
notice to you, to inspect your records, systems, and facilities to
verify that your use of any and all Adobe software is in conformity
with your valid licenses from Adobe. For example, Adobe has the
right to those of your records useful to determine whether
installations of the Software have, or have not, been serialized,
and you shall provide such records to Adobe promptly upon request
by Adobe. Additionally, you shall provide Adobe will all records
and information requested by Adobe in order to verify that your use
of any and all Adobe software is in conformity with your valid
licenses from Adobe within thirty (30) days of
Adobe’s request. You may find information about counting
Software serializations at <a target="ADB-ESG" href=
"http://www.adobe.com/go/elicensing_il">http://www.adobe.com/go/elicensing_il</a>.
 If verification discloses that your use is not in conformity with
a valid license, you shall immediately obtain valid licenses to
bring your use into conformity. </p><br>
<p class="c4"><b>14. Internet Connectivity and
Privacy.</b></p><br>
<p class="c5">14.1 Automatic Connections to the
Internet. The Software may cause your Computer, without additional
notice, automatically to connect to the Internet and to communicate
with an Adobe website or Adobe domain for purposes including, but
not limited to, license validation and providing you with
additional information, features, and functionality. Unless
otherwise specified in Sections 14.2 through 14.6, the following
provisions apply to all automatic Internet connections by the
Software:</p><br>
<p class="c5">14.1.1 Whenever the Software
automatically connects to Adobe over the Internet, the Internet
protocol address (“IP Address”) that is
associated with your current Internet connection is collected by
Adobe along with any other information transmitted by the Software
to Adobe, as described herein, in the Adobe Online Privacy Policy
(<a target="ADB-ESG" href=
"http://www.adobe.com/go/privacy_il">http://www.adobe.com/go/privacy_il</a>)
 and in any other additional terms of use from Adobe that you may
accept or be subject to;</p><br>
<p class="c5">14.1.2 If you sign onto an Adobe
Online Service (as defined below) your Adobe ID, user name, and
password may be sent to Adobe’s servers and stored by
Adobe in accordance with the notice and any additional terms of use
that may be presented to you at that time (“Additional
Terms of Use”). This information may be used by Adobe to
send you transactional messages to facilitate the Adobe Online
Service;</p><br>
<p class="c5">14.1.3 Adobe may deliver in-product
marketing to provide information about the Software and other Adobe
products and Services, including but not limited to platform
version, version of the Software, license status and language;
and</p><br>
<p class="c5">14.1.4 Whenever the Software makes
an Internet connection and communicates with an Adobe website,
whether automatically or due to explicit user request, the Adobe
Privacy Policy (<a target="ADB-ESG" href=
"http://www.adobe.com/go/privacy_il">http://www.adobe.com/go/privacy_il</a>)
 shall apply. Additionally, unless you are provided with
Additional Terms of Use, the Adobe.com Terms of Use
(<a target="ADB-ESG" href=
"http://www.adobe.com/go/terms_il">http://www.adobe.com/go/terms_il</a>)
 shall apply. Please note that the 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.</p><br>
<p class="c5">14.2 Updating. The Software may
cause your Computer, without additional notice, automatically to
connect to the Internet (intermittently or on a regular basis) to
check for Updates that are available for download to and
installation on your Computer and to let Adobe know the results of
installation attempts. Please consult the Documentation for
information about changing update settings.</p><br>
<p class="c5">14.3 Deactivation. If you want to
deactivate and uninstall the Software from your Computer in order
to install and activate the Software on another Computer in
accordance with this agreement (“Deactivation”),
Deactivation will not occur until you are connected to the
Internet. Please visit <a target="ADB-ESG" href=
"http://www.adobe.com/go/activation_il">http://www.adobe.com/go/activation_il</a>
for more details.</p><br>
<p class="c5">14.4 Use of Online Services. The
Software may cause your Computer, without additional notice and on
an intermittent or regular basis, automatically to connect to the
Internet to facilitate your access to content and services that are
provided to you by Adobe or third parties as further described in
Section 16.5 (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 you are
offline. Please consult the Documentation for information about
changing update settings.</p><br>
<p class="c5">14.5 Digital Certificates. The
Software uses digital certificates to help you identify downloaded
files (e.g., applications and content) and the publishers of those
files. For example, Adobe AIR uses digital certificates to help you
identify the publisher of Adobe AIR applications and the Adobe
Acrobat family of products uses digital certificates to sign and
validate signatures within PDF documents and to validate certified
PDF documents. Your Computer may connect to the Internet at the
time of validation of a digital certificate. Please see Section
16.7 for further information regarding digital
certificates.</p><br>
<p class="c5">14.6 Settings Manager. The Software
may include Flash Player. Flash Player may cause certain user
settings to be stored on your Computer as a local shared object.
These settings are not associated with you, but allow you to
configure certain settings within the Flash Player. You can find
more information on local shared objects at <a target="ADB-ESG" href=
"http://www.adobe.com/go/flashplayer_security_il">http://www.adobe.com/go/flashplayer_security_il</a>
and more information on the Settings Manager
at <a target="ADB-ESG" href=
"http://www.adobe.com/go/settingsmanager_il">http://www.adobe.com/go/settingsmanager_il</a>.
</p><br>
<p class="c4"><b>15. Peer to Peer
Communications.</b></p><br>
<p class="c5">The Software may use your connection
to a local area network, without additional notice, automatically
to 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 your connection to the local network but no personally
identifiable information is ever transmitted or received through
such network connections (except to the extent that IP addresses
may be considered personally identifiable in some jurisdictions).
Please consult the Documentation for information about changing
default settings.</p><br>
<p class="c4"><b>16. Specific Provisions and
Exceptions.</b></p><br>
<p class="c5">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, this
section will supersede such other term or condition.</p><br>
<p class="c5">16.1 No Prejudice, European Union
Provisions.</p><br>
<p class="c5">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.</p><br>
<p class="c5">16.1.2 If you obtained the Software
in the European Union (EU), you usually reside in the EU, and you
are a consumer (that is you use the Software for personal,
non-business related purposes), then Section 6 does not apply to
your 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 Documentation (the
“agreed upon functionalities”) when used on the
recommended hardware configuration. Non-substantial variation from
the agreed upon functionalities will not establish any warranty
rights. THIS WARRANTY DOES NOT APPLY TO SOFTWARE THAT YOU USE 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 YOU. To make a warranty claim, you 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 you whether there is a defect in the Software or advise
you that the error arises because you have not installed the
Software correctly (in which case, Adobe shall assist you). If
there is a defect in the Software, you 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
your warranty details are substantiated, Adobe will meet your
request for repaired or replacement Software, unless it is not
reasonable for Adobe to do so, in which case Adobe will provide you
with a refund. For warranty assistance, please contact the Adobe
Customer Support Department.</p><br>
<p class="c5">Please note that the provisions of
Section 8 (Limitation of Liability) will continue to apply to any
damages claims you make in respect of your 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. You are advised to take all reasonable measures to avoid
and reduce damages, in particular by making back-up copies of the
Software and your computer data.</p><br>
<p class="c5">This agreement, and in particular,
this Section 16.1.2, is intended to describe your rights (including
your statutory rights) in the event there should be problems with
your use of the Software. If your statutory rights are greater than
this description, your statutory rights shall apply.</p><br>
<p class="c5">16.1.3 Nothing included in this
agreement (including Section 4.4) shall limit any non-waivable
right to decompile the Software that you may enjoy under applicable
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 operability
and Adobe has not made such information available. In addition,
such decompilation may only be performed 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 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.</p><br>
<p class="c5">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 is a pre-release version, 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 you received the Pre-release Software
pursuant to a separate written agreement, such as the Adobe Systems
Incorporated License Agreement for Pre-release Software, your use
of the Software is also governed by such agreement. You 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. YOUR USE OF PRE-RELEASE
SOFTWARE IS AT YOUR OWN RISK. SEE SECTIONS 7 AND 8 FOR WARRANTY
DISCLAIMERS AND LIABILITY LIMITATIONS WHICH GOVERN PRE-RELEASE
SOFTWARE. </p><br>
<p class="c5">16.3 Educational Software Product.
If the Software is Educational Software Product (Software
manufactured and distributed for use by only Educational End
Users), you are not entitled to use the Software unless you qualify
in your jurisdiction as an Educational End User. Please
visit <a target="ADB-ESG" href=
"http://www.adobe.com/go/edu_purchasing_il">http://www.adobe.com/go/edu_purchasing_il</a>
to learn if you qualify. To find an Adobe
Authorized Academic Reseller in your area, please visit
<a target="ADB-ESG" href=
"http://www.adobe.com/go/store_il">http://www.adobe.com/go/store_il</a>
and look for the link for Buying Adobe Products
Worldwide.</p><br>
<p class="c5">16.4 Font Software. If the Software
includes font software:</p><br>
<p class="c5">16.4.1 You 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).</p><br>
<p class="c5">16.4.2 If the Permitted Number of
Computers is five (5) or fewer, you 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.</p><br>
<p class="c5">16.4.3 You may take 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.</p><br>
<p class="c5">16.4.4 You may embed copies of the
font software into your electronic documents for the purpose of
printing, viewing, and editing the document. No other embedding
rights are implied or permitted under this license.</p><br>
<p class="c5">16.4.5 As an exception to the above,
the fonts listed at <a target="ADB-ESG" href=
"http://www.adobe.com/go/restricted_fonts_il">http://www.adobe.com/go/restricted_fonts_il</a>
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
Sections 16.4.1 through 16.4.4 above. You agree that you 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.</p><br>
<p class="c5">16.5 Online Services.</p><br>
<p class="c5">16.5.1 Provided by Adobe. The
Software facilitates your 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, Resource Central, kuler, Acrobat.com,
Search for Help, Adobe Device Central, 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. In some cases, access to an Adobe Online Service might
require a separate subscription or other fee in order to access it,
and/or your assent to additional terms of use. 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. Because Adobe Online Services make use of automatic
Internet connections, please also see Section 14 for important
information regarding Internet connectivity and your privacy. As
stated in Section 14, when the Software accesses an Adobe Online
Service, your use of such Adobe Online Service is governed by the
Adobe Privacy Policy (<a target="ADB-ESG" href=
"http://www.adobe.com/go/privacy_il">http://www.adobe.com/go/privacy_il</a>), by the Adobe.com Terms of Use (<a target="ADB-ESG" href=
"http://www.adobe.com/go/terms_il">http://www.adobe.com/go/terms_il</a>)
 and by any Additional Terms of Use that might be presented to you
at that time.</p><br>
<p class="c5">16.5.2 Provided by Third Parties.
The Software may facilitate your access to websites maintained by
third parties offering goods, information, software, and services
(“Third Party Online Service(s)”). Examples of
such Third Party Online Services might include, but are not limited
to, the Kodak Easy Share Gallery service. Your 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
may at any time, for any reason, modify or discontinue the
availability of any Third Party Online Services. Adobe does not
control, endorse, or accept responsibility for Third Party Online
Services. Any dealings between you and any third party in
connection with a Third Party Online Service, including such
party’s privacy policies and use of your 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 you 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.</p><br>
<p class="c5">16.5.3 EXCEPT AS EXPRESSLY AGREED BY
ADOBE OR ITS AFFILIATES OR A THIRD PARTY IN A SEPARATE AGREEMENT,
YOUR USE OF ADOBE ONLINE SERVICES AND THIRD PARTY ONLINE SERVICES
IS AT YOUR OWN RISK UNDER THE WARRANTY AND LIABILITY LIMITATIONS OF
SECTIONS 7 AND 8.</p><br>
<p class="c5">16.6 After Effects Render Engine. If
the Software includes the full version of Adobe After Effects, then
you may install an unlimited number of Render Engines on Computers
within your Internal Network that 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 cannot be used to create or modify
projects and does not include the complete After Effects user
interface.</p><br>
<p class="c5">16.7 Digital
Certificates.</p><br>
<p class="c5">16.7.1 Use. Digital certificates are
issued by third party certificate authorities, including Adobe
Certified Document Services (CDS) vendors listed at
<a target="ADB-ESG" href=
"http://www.adobe.com/go/partners_cds_il">http://www.adobe.com/go/partners_cds_il</a>
and Adobe Approved Trust List vendors
(“AATL”) listed at <a target="ADB-ESG" href=
"http://www.adobe.com/go/aatl_il">http://www.adobe.com/go/aatl_il</a>
(collectively “Certificate
Authorities”), or can be self-signed.</p><br>
<p class="c5">16.7.2 Terms and Conditions.
Purchase, use, and reliance upon digital certificates is the
responsibility of you and a Certificate Authority. Before you rely
upon any certified document, digital signature, or Certificate
Authority services, you 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 <a target="ADB-ESG" href=
"http://www.adobe.com/go/partners_cds_il">http://www.adobe.com/go/partners_cds_il</a>
for information about Adobe’s CDS vendors
and <a target="ADB-ESG" href=
"http://www.adobe.com/go/aatl_il">http://www.adobe.com/go/aatl_il</a>
for information about AATL vendors.</p><br>
<p class="c5">16.7.3 Acknowledgement. You agree
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.
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 CERTIFICATE AUTHORITY, YOU USE DIGITAL CERTIFICATES AT YOUR
SOLE RISK.</p><br>
<p class="c5">16.7.4 Third Party Beneficiaries.
You agree that any Certificate 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.</p><br>
<p class="c5">16.7.5 Indemnity. You agree 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 your 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.</p><br>
<p class="c5">16.8 Acrobat Standard, Acrobat Pro,
and Adobe Acrobat Suite Feature.</p><br>
<p class="c5">16.8.1 Definitions.</p><br>
<p class="c5">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.</p><br>
<p class="c5">16.8.1.2 “Extended
Document” means a Portable Document Format file
manipulated by Acrobat Standard, Acrobat Pro or Adobe Acrobat Suite
Software to enable the ability to locally save documents with
filled-in PDF forms.</p><br>
<p class="c5">16.8.2 If the Software includes
Acrobat Standard, Acrobat Pro, or Adobe Acrobat Suite, the Software
includes enabling technology that allows you to enable PDF
documents with certain features through the use of a digital
credential located within the Software (“Key”).
You agree not to access, attempt to access, control, disable,
remove, use, or distribute the Key for any purpose.</p><br>
<p class="c5">16.8.3 For any unique Extended
Document you may only either (a) Deploy such Extended Document
to an unlimited number of unique recipients but shall not extract
information 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 you may
extract information from such Extended Document returned to you
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 you
may have obtained). </p><br>
<p class="c5">16.9 FlashPaper Printer.
Notwithstanding anything herein to the contrary, you may not
(a) install FlashPaper Printer on a server for multiple user
access or use or (b) modify or replace the FlashPaper Printer
viewer user interface that displays FlashPaper
documents.</p><br>
<p class="c5">16.10 Flash Player Projectors and
Runtime. Your rights to use any Flash player, projector, standalone
player, plug-in, runtime, or ActiveX control provided to you as
part of or with the Software, or in an Output File shall be solely
as set forth in the following link, <a target="ADB-ESG" href=
"http://www.adobe.com/go/flashplayer_usage_il">http://www.adobe.com/go/flashplayer_usage_il</a>.
 Unless and except as provided therein, you shall have no rights
to use or distribute such software.</p><br>
<p class="c5">16.11 Device Central. The mobile
device images displayed within Device Central are for simulation
purposes only. The actual mobile devices made commercially
available by the applicable mobile device manufacturer may or may
not contain the Adobe technology used within Device Central to
create the simulation. Mobile device images may only be used for
non-commercial, development purposes solely in conjunction with
content developed using the Software and may not be used for any
other or any illegal purpose.</p><br>
<p class="c5">16.12 Contribute Publishing
Services. Subject to the Contribute Publishing Services software
end user license agreement accompanying such software, you shall
not connect to the Contribute Publishing Services software unless
you have 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,
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.</p><br>
<p class="c5">16.13 Adobe Presenter. If the
Software includes Adobe Presenter and you install or use the Adobe
Connect Add-in in connection with the use of the Software, you
agree that you 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 (STB), 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. You 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, you shall not,
and you shall cause all licensees of such presentation,
information, or content not to, modify, reverse engineer, or
disassemble the Adobe Presenter Run-Time.</p><br>
<p class="c5">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
<a target="ADB-ESG" href=
"http://www.adobe.com/go/mpegla_il">http://www.adobe.com/go/mpegla_il</a>.
</p><br>
<p class="c5">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.</p><br>
<p class="c5">16.16 Flash Builder with LiveCycle
Data Services (LCDS) Data Management Library. Adobe Flash Builder
may include the fds.swc library. You may use fds.swc only to
provide client-side data management capabilities and as an output
file within software you develop, subject to the following. You 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 you would like to do any of the foregoing, you will
need to request a separate license from Adobe.</p><br>
<p class="c5">16.17 Folio Producer and Folio Builder.</p><br>
<p class="c5">16.17.1 Folio Producer. You may
install and use the Folio Producer subject to the following
licenses. For the purpose of this Section 16.17, Folio Producer
means the Overlay Creator Panel, Content Bundler, Digital
Publishing Plug-in for InDesign, and Content Viewer for Desktop
technologies installed with the Software.</p><br>
<p class="c5">16.17.2 License for Overlay Creator
Panel, Content Bundler, and Digital Publishing Plug-in for
InDesign. You may install and use Overlay Creator Panel, Content
Bundler, and Digital Publishing Plug-in (“Authoring
Tools”) for InDesign solely for the purpose of developing
your content designed to be displayed within the Content Viewer.
You may not distribute the Authoring Tools to any third party,
except as otherwise provided herein.</p><br>
<p class="c5">16.17.3 License for Content Viewer.
You may install and use the Content Viewer in order to
(a) use, evaluate and test the output from the Authoring
Tools; and (b) make back-up and archival copies from time to
time, as you deem reasonably necessary. You may not distribute the
Content Viewer on a stand-alone basis to any third party, except as
otherwise provided herein.</p><br>
<p class="c5">16.17.4 License for Folio Builder.
You may install and use the Folio Builder
solely for the purpose of accessing and using the Adobe Digital
Publishing Suite services. You may not distribute the Folio Builder
to any third party, except as otherwise provided herein.</p><br>
<p class="c6">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.</p><br>
<p class="c3">Adobe, Acrobat, Acrobat Connect,
Adobe AIR, After Effects, Authorware, Contribute, Creative Suite,
Flash, FlashPaper, kuler, LiveCycle, Pixel Bender, and Shockwave
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.</p><br>
<p class="c7">Gen_WWCombined-he_IL-20110105_1512 </p><br>
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