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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">
PLEASE READ THIS AGREEMENT CAREFULLY. BY COPYING, INSTALLING, OR USING ALL OR ANY PORTION
OF THIS SOFTWARE, YOU (HEREINAFTER “CUSTOMER”) ACCEPT ALL THE TERMS AND CONDITIONS OF THIS
AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE PROVISIONS ON LICENSE RESTRICTIONS IN SECTION
4, LIMITED WARRANTY IN SECTIONS 6 AND 7, LIMITATION OF LIABILITY IN SECTION 8, AND SPECIFIC
PROVISIONS AND EXCEPTIONS IN SECTION 16. CUSTOMER AGREES THAT THIS AGREEMENT IS LIKE ANY WRITTEN
NEGOTIATED AGREEMENT SIGNED BY CUSTOMER. THIS AGREEMENT IS ENFORCEABLE AGAINST CUSTOMER. IF
CUSTOMER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, CUSTOMER MAY NOT USE THE SOFTWARE.
This agreement may govern Customer’s use of additional Software subsequent to the effective
date of this agreement. Such additional Software shall reference the terms of this agreement.
This agreement may also incorporate by reference any end user license agreement governing
a prior version of the Software.</p>
<br>
<p class="c3">
Customer may have another written agreement directly with Adobe (e.g., a volume license agreement)
that supplements or supersedes all or portions of this agreement. The Software is LICENSED,
NOT SOLD, 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 additional terms and conditions. Notices about non-Adobe materials are available at <a target="ADB-ESG"
href="http://www.adobe.com/go/thirdparty">http://www.adobe.com/go/thirdparty</a>.
</p>
<br>
<p class="c3">
The Software may cause Customer’s Computer to AUTOMATICALLY CONNECT TO THE INTERNET. The Software
may also require activation or registration. Additional information on activation, Internet
connectivity, and privacy is available in Sections 14 and 16.</p>
<br>
<p class="c4">
<b>1. Definitions.</b></p>
<br>
<p class="c5">
1.1 “Adobe” means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San
Jose, California 95110, if this agreement is entered into while Customer is 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">
1.2 “Adobe Runtime(s)” means Adobe AIR, Adobe Flash Player, Shockwave Player, or Authorware
Player.</p>
<br>
<p class="c5">
1.3 “Compatible Computer” means a Computer with the recommended operating system and hardware
configuration as stated in the Documentation.</p>
<br>
<p class="c5">
1.4 “Computer” means a virtual or physical device that accepts information in digital or similar
form and manipulates it for a specific result based on a sequence of instructions, including
without limitation desktop computers, laptops, tablets, mobile devices, telecommunication
devices, Internet-connected devices, and hardware products capable of operating a wide variety
of productivity, entertainment, or other software applications.</p>
<br>
<p class="c5">
1.5 “Customer” means you and any legal entity that obtained the Software and on whose behalf
it is used; for example, and as applicable, your employer.</p>
<br>
<p class="c5">
1.6 “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">
1.7 “Output File” means an output file Customer creates with the Software.</p>
<br>
<p class="c5">
1.8 “Permitted Number” means one (1) unless otherwise indicated under a valid license (e.g.,
volume license) granted by Adobe.</p>
<br>
<p class="c5">
1.9 “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) any proprietary
scripting logic embedded within exported file formats or used in an Adobe Online Service;
(iii) sample and stock photographs, images, sounds, clip art and other artistic works bundled
with Adobe software or made available by Adobe on Adobe’s website for use with the Adobe software
and not obtained from Adobe through a separate service (unless otherwise noted within that
service) or from another party (“Content Files”); (iv) related explanatory written materials
and files (“Documentation”); and (v) fonts; and (b) any modified versions and copies of, and
upgrades, updates, and additions to, such information, provided to Customer by Adobe at any
time, to the extent not provided under separate terms (collectively, “Updates”).</p>
<br>
<p class="c5">
1.10 “Territory” means the region where Customer is permitted to install and use the Software.
For consumer Customers, Territory shall mean worldwide. Territory expressly excludes any U.S.
embargoed countries and countries where Customer is prohibited from using the Software or
related Services. For resellers, Territory shall be as defined in the reseller agreement or
partner connection agreement between such resellers and Adobe. For customers enrolled in a
volume licensing program, Territory shall be as defined in the applicable program terms (such
as the Volume Incentive Plan Terms and Conditions). Any territory definition in such reseller
agreement or program terms shall supersede the definition stated in this agreement.</p>
<br>
<p class="c4">
<b>2. Software License; Membership.</b></p>
<br>
<p class="c5">
2.1 Software License. This Section 2.1 applies to Customers who have purchased a license to
the Software but have not purchased a membership-based license or service such as the Creative
Cloud membership (as described in Section 2.2).</p>
<br>
<p class="c5">
2.1.1 License Grant. Subject to Customer’s continuous compliance with this agreement and payment
of the applicable license fees, Adobe grants Customer a non-exclusive and limited license
to install and use the Software: (a) in the Territory, (b) during the term of such license
(“License Term”), (c) within the scope of the License Type and on the Permitted Number of
Customer’s Compatible Computers as specified in the Documentation, and (d) in a manner consistent
with the terms of this agreement and applicable Documentation. Unless otherwise defined in
this agreement, in the applicable Documentation, or at the time of purchase, License Term
shall be perpetual. Upon the expiration or termination of the License Term, some or all of
the Software may cease to operate without prior notice. Upon expiration or termination of
the License Term, Customer may not use the Software unless Customer has renewed the license.
The license granted herein is supplemented by specific provisions in Section 16 as related
to the use of certain applicable products and components that may be included in the Software
such as font software, Acrobat, After Effects, Adobe Presenter, Contribute, Flash Player,
Flash Builder, Digital Publishing Suite, and Adobe Runtimes.</p>
<br>
<p class="c5">
2.1.2 License Types.</p>
<br>
<p class="c5">
2.1.2.1 Non-Serialized Software. The Software, or portions of the Software, that are provided
without a serial number during the License Term may only be installed and used on any number
of Compatible Computers as part of an organizational deployment plan during the License Term
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 NON-SERIALIZED SOFTWARE IS PROVIDED “AS-IS”. ACCESS TO AND USE
OF ANY OUTPUT FILES CREATED WITH SUCH NON-SERIALIZED SOFTWARE IS ENTIRELY AT CUSTOMER’S OWN
RISK.</p>
<br>
<p class="c5">
2.1.2.2 Evaluation Software. 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 agreement) (“Evaluation
Software”) may only be installed and used on Permitted Number of Compatible Computers during
the License Term 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 IS PROVIDED “AS IS”. ACCESS TO AND USE
OF ANY OUTPUT FILES CREATED WITH SUCH EVALUATION SOFTWARE IS ENTIRELY AT CUSTOMER’S OWN RISK.</p>
<br>
<p class="c5">
2.1.2.3 Subscription Edition. For the Software available on a subscription-basis (“Subscription
Edition”), Customer may install and use the Subscription Edition only on the Permitted Number
of Compatible Computer during the License Term. Subject to the Permitted Number of Computers
for the Subscription Edition, Adobe may allow Customer to install and use the most recent
prior version of the Subscription Edition and the current version of the Subscription Edition
on the same Computer during the License Term. Customer agrees that Adobe may change the type
of Software (such as specific components, versions, platforms, languages, etc.) included in
the Subscription Edition at any time and shall not be liable to Customer whatsoever for such
change. Ongoing access to a Subscription Edition requires: (a) a recurring Internet connection
to activate, renew, and validate the license, (b) Adobe or its authorized reseller’s receipt
of recurring subscription payments, and (c) Customer’s agreement to subscription terms and
other additional terms and conditions that are available at <a target="ADB-ESG" href="http://www.adobe.com/go/paymentterms">
http://www.adobe.com/go/paymentterms</a> or at the time of purchase. If Adobe does not receive
the recurring subscription payment or cannot validate the license periodically, then the Software
may become inactive without additional notice until Adobe receives the payment or validates
the license.</p>
<br>
<p class="c5">
2.1.3 <b>Portable or Home Computer Use. Subject to the restrictions set forth in Section 2.1.4,
the primary user of the Computer on which the Software is installed under Section 2.1 (“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.</b></p>
<br>
<p class="c5">
2.1.4 Restrictions on Secondary Use by Volume Licensees. If the Software was obtained under
an Adobe volume license program or agreement (such as Adobe Volume Licensing) by any licensee
other than an educational volume licensee, then the second copy of the Software made under
Section 2.1.3 must be used solely for the benefit and business of that volume licensee.
</p>
<br>
<p class="c5">
2.1.5 Dual Boot Platform. The Software is licensed for use on a specific operating system
platform. Customer must purchase a separate license for use of the Software on each operating
system platform. By way of example, if Customer desires 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 Customer 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 Customer on the same media.</p>
<br>
<p class="c5">
2.1.6 Distribution from a Server. As permitted by the Documentation, Customer may copy an
image of the Software onto a Computer file server within Customer’s Internal Network (“Server”)
for the purpose of downloading and installing the Software onto Computers within the same
Internal Network for use only as permitted by this Section 2.</p>
<br>
<p class="c5">
2.1.7 Server Use.</p>
<br>
<p class="c5">
2.1.7.1 Except as otherwise permitted in the Documentation and subject to license restrictions
stated in this agreement, Customer shall not install the Software on a Server. If permitted
in such Documentation, then Customer may install the Software on a Server for the purpose
of allowing an individual from a Computer within the same Internal Network (“Network User”)
to access and use the Software. If expressly permitted by Adobe, “Internal Network” may include
web hosting services with dedicated physical server space and restricted access to only Customer.
The Network User who has access to or may use such Software on the Server is referred to as
“Server Software User”. Neither the total number of Server Software Users (not the concurrent
number of users) nor the total number of Computers capable of accessing the Software installed
on the Server may exceed the Permitted Number. By way of example, if Customer has purchased
10 Software licenses (Permitted Number is 10) and Customer elects to install the Software
on a Server, then Customer can only allow up to 10 Server Software Users access to the Software
(even though Customer may have more than 10 Network Users or fewer than 10 concurrent users
of the Software).</p>
<br>
<p class="c5">
2.1.7.2 For clarification and without limitation, the foregoing does not permit Customer to
install or access (either directly or through commands, data, or instructions) the Software:
(a) from or to a Computer not part of Customer’s 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">
2.2 Membership. This Section 2.2 applies to Customers who have purchased a membership-based
license or service such as the Creative Cloud membership (collectively, “Membership”).</p>
<br>
<p class="c5">
2.2.1 Adobe Online Services Related to the Membership. Subject to Customer’s continuous compliance
with this agreement and payment of the applicable membership fees, if any, Adobe grants Customer
a non-exclusive, Territory-wide, and limited right to access and use the Software and related
Adobe Online Service (as further described in Section 16.4.1) as part of the Membership, subject
to the terms stated in this agreement and the Additional Terms of Use (as the term is defined
in Section 14.1.3 below).</p>
<br>
<p class="c5">
2.2.2 Software License Related to the Membership. Subject to Customer’s continuous compliance
with this agreement and payment of the applicable membership fees, if any, Adobe grants Customer
a non-exclusive and limited license to install and use the Software: (a) in the Territory,
(b) during the period that the Membership is current and active (“Membership Term”), and (c)
in a manner consistent with the terms of this agreement and applicable Documentation. Upon
the expiration or termination of the Membership Term, (x) some or all of the Software may
cease to operate without prior notice and (y) Customer may not use the Software unless Customer
has renewed the membership. All terms related to the specific Software as stated in this agreement
shall remain effective and continue to apply to Customer and its use of such Software.</p>
<br>
<p class="c5">
2.2.3 Restrictions. Customer agrees to the following additional terms and restrictions related
to the Membership: (a) Adobe may change the type of Software (such as specific products, components,
versions, platforms, languages, etc.) included in the Membership at any time and shall not
be liable to Customer whatsoever for such change; (b) Customer may be required to connect
to the Internet and log in at any time during the Membership Term; (c) Software may automatically
connect to the Internet to verify Customer’s Membership without notice at any time; and (d)
Customer may not enable or allow others to use the Software as Customer.</p>
<br>
<p class="c5">
2.3 Content Files. Unless stated otherwise in the “Read-Me” files, Documentation, or other
license(s) associated with the Content Files, Customer may use, display, modify, reproduce,
and distribute any of the Content Files. However, Customer 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 Customer may not claim any trademark
rights in the Content Files or derivative works thereof. Nothing stated herein shall affect
the ownership of the Software as stated in Section 3.</p>
<br>
<p class="c5">
2.4 Sample Application Code. Customer may modify the source code form of those portions of
the Software programs that are expressly identified as sample code, sample application code,
code snippets, ActionScript class files, 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, Customer
is permitted to copy and distribute the Sample Application Code (modified or unmodified) only
if all of the following conditions are met: (a) Customer distributes only the compiled object
code versions of the Sample Application Code with its application; (b) Customer does not include
the Sample Application Code in any product or application designed for website development;
and (c) Customer does not use the Adobe name, logos, icons, or other Adobe trademarks to market
its application. Customer agrees 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 its application.</p>
<br>
<p class="c5">
2.5 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 Customer
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 2.5,
no portions of the ExtendScript SDK or the Pixel Bender SDK may be modified or distributed.
Customer agrees 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">
2.6 Documentation Copies. Customer may make no more than a reasonable number of copies of
the Documentation for Customer’s own internal use in connection with use of the Software.</p>
<br>
<p class="c4">
<b>3. Intellectual Property Ownership.</b></p>
<br>
<p class="c5">
The Software and any authorized copies that Customer makes 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 Customer
any intellectual property rights in the Software. 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 Proprietary Notices. Any permitted copy of the Software (including without limitation
Documentation) that Customer makes 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. Customer agrees that it will not use the Software other than as permitted
by this agreement and that it 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 or 16, Customer may not
modify, port, adapt, or translate the Software.</p>
<br>
<p class="c5">
4.4 No Reverse Engineering. Except as otherwise expressly permitted in Section 16.1, Customer
will not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source
code of the Software.</p>
<br>
<p class="c5">
4.5 No Unbundling. The Software may include various applications and components, may allow
access to different Adobe Online Services, may support multiple platforms and languages, and
may be provided to Customer on multiple media or in multiple copies. Nonetheless, the Software
is designed and provided to Customer as a single product to be used as a single product on
Computers as permitted herein. Customer is not required to install all component parts of
the Software, but Customer may not unbundle the component parts of the Software for use on
different Computers.</p>
<br>
<p class="c5">
4.6 No Transfer.</p>
<br>
<p class="c5">
4.6.1 CUSTOMER WILL NOT RENT, LEASE, SELL, SUBLICENSE, ASSIGN, OR TRANSFER ITS RIGHTS IN THE
SOFTWARE (INCLUDING, WITHOUT LIMITATION, SOFTWARE OBTAINED THROUGH A WEB DOWNLOAD), 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.
</p>
<br>
<p class="c5">
4.6.2 Except with regard to Educational Software Products (as defined in Section 16.3), Pre-release
Software (as defined in Section 16.2), Evaluation Software, not-for-resale copies of the Software,
or Software obtained through an Adobe volume license program and further subject to Section
4.6.3, Customer may permanently transfer all its rights to use the Software to another individual
or legal entity, provided that: (a) Customer also transfers (i) this agreement, (ii) the serial
number(s), the Software 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) Customer
retains 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 Customer purchased a valid license to the Software. Additional
information on transferring volume licensed software is available at <a target="ADB-ESG" href="http://www.adobe.com/go/volumepolicies">
http://www.adobe.com/go/volumepolicies</a>.
</p>
<br>
<p class="c5">
4.6.3 If the Software requires recurring activation or registration and Adobe grants Customer’s
request to be exempted from the requirement of such recurring activation or registration,
then in addition to the restrictions set forth in the Activation Terms (as defined in Section
14.3), then the right to permanently transfer as stated in Section 4.6.2 shall terminate immediately
upon the grant of such request.</p>
<br>
<p class="c5">
4.6.4 Notwithstanding Section 4.6.2 above, Customer may only transfer all its rights to use
the Software to another individual or legal entity residing within the same country as Customer,
unless otherwise permitted by applicable laws.</p>
<br>
<p class="c5">
4.7 No Service Bureau. Customer will not use or offer the Software on a service bureau basis.
Section 16.6.3 provides a limited exception for font software only.</p>
<br>
<p class="c5">
4.8 Adobe Runtime Restrictions. Except as expressly granted in Section 16.9, Customer 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, Customer may not use Adobe
Runtimes on any (a) mobile device, set top box, handheld, phone, 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. Additional information
on licensing Adobe Runtimes is available at <a target="ADB-ESG" href="http://www.adobe.com/go/licensing">
http://www.adobe.com/go/licensing</a>.
</p>
<br>
<p class="c5">
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 <a target="ADB-ESG"
href="http://www.adobe.com/go/activation">http://www.adobe.com/go/activation</a>. Notwithstanding
anything stated to the contrary, for Customer who purchases a license with Permitted Number
greater than 1 (or more than 1 copy of the Software), Customer must install or deploy the
Software in the country where Customer purchases the license unless otherwise permitted in
an Adobe volume licensing program. For Customer residing in the European Economic Area, “country”
shall mean the European Economic Area. 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 in violation of this Section.</p>
<br>
<p class="c5">
4.10 No Circumvention. Customer may not (a) use any element of the Software to circumvent
technological measures intended to control access to the Software or (b) develop or distribute
products that are designed to circumvent such technological measures.</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”), 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.</p>
<br>
<p class="c4">
<b>6. Limited Warranty.</b></p>
<br>
<p class="c5">
Except as otherwise stated in a separate agreement between Adobe and a Software licensee,
Adobe warrants to the individual or entity who first purchases a license for the Software
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 delivery 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 <a target="ADB-ESG" href="http://www.adobe.com/go/support">
http://www.adobe.com/go/support</a>. 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 Adobe received for the Software (if any). Customer shall only request
refunds from the vendor who sold Customer the Software. 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.</p>
<br>
<p class="c4">
<b>7. Disclaimer.</b></p>
<br>
<p class="c5">
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.</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 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.</p>
<br>
<p class="c5">
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.
</p>
<br>
<p class="c4">
<b>9. Export Rules.</b></p>
<br>
<p class="c5">
Customer acknowledges 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 Customer will comply with the Export Laws. Customer 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 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 (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, Customer is responsible
for complying with any local laws in Customer’s jurisdiction which may impact Customer’s right
to import, export or use the Software. Customer represents and warrants that (i) Customer
is not a citizen of, or located within, an Embargoed Country, (ii) Customer will not use the
Software for a Prohibited Use, and (iii) Customer is not a Sanctioned Party. All rights to
use the Software are granted on condition that such rights are forfeited if Customer fails
to comply with the terms of this agreement. If Adobe has knowledge that a violation has occurred,
Adobe may be prohibited from providing maintenance and support for the Software.</p>
<br>
<p class="c4">
<b>10. Governing Law.</b></p>
<br>
<p class="c5">
10.1 North America. If Customer resides (or headquarters, if Customer is a business) in North
America, then this agreement shall be governed by and construed pursuant to the laws of California,
regardless of conflict of laws principles. Customer irrevocably consents to the exclusive
jurisdiction and venue of the courts in Santa Clara County, California.</p>
<br>
<p class="c5">
10.2 Germany, France, U.K., Japan, Italy, and Spain. If Customer resides (or headquarters,
if Customer is a business) in either Germany, France, U.K., Japan, Italy, or Spain, then this
agreement shall be governed by and construed pursuant to the laws of the country where Customer
resides, regardless of conflict of laws principles. All claims related to data protection
and data privacy shall be subject to the laws of Ireland, which does not exclude the application
of mandatory statutes. Customer irrevocably consents to the exclusive jurisdiction and venue
of the courts in Frankfurt, Paris, London, Tokyo, Rome, and Madrid, respectively.</p>
<br>
<p class="c5">
10.3 Asia Pacific Countries. If Customer resides (or headquarters, if Customer is a business)
in a member state of the Association of Southeast Asian Nations (ASEAN) except for Myanmar,
Mainland China, Hong Kong S.A.R., Macau S.A.R., Taiwan R.O.C., or the Republic of Korea, Bangladesh,
or Nepal; then this agreement (including the arbitration agreement contained in this clause)
shall be governed by and construed pursuant to the laws of Singapore, regardless of conflict
of laws principles. All claims related to data protection and data privacy shall be subject
to the laws of Ireland, which does not exclude the application of mandatory statutes. 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”) being in force for the period of arbitration, which rules are deemed to be
incorporated into this section by reference. 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.</p>
<br>
<p class="c5">
10.4 Australia, New Zealand, India, Sri Lanka, and Myanmar. If Customer resides (or headquarters,
if Customer is a business) in Australia, New Zealand, India, Sri Lanka or Myanmar, then this
agreement shall be governed by and construed pursuant to the laws of England and Wales, regardless
of conflict of laws principles. All claims related to data protection and data privacy shall
be subject to the laws of Ireland, which does not exclude the application of mandatory statutes.
Customer irrevocably consents to the non-exclusive jurisdiction and venue of the courts in
London, England.</p>
<br>
<p class="c5">
10.5 Rest of the World. If Customer does not reside in any of the countries stated in Sections
10.1-10.4 above, then this agreement shall be governed by and construed pursuant to the laws
of Ireland, regardless of conflict of laws principles. Customer irrevocably consents to the
exclusive jurisdiction and venue of the courts in Dublin, Ireland.</p>
<br>
<p class="c5">
10.6 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.</p>
<br>
<p class="c4">
<b>11. General Provisions.</b></p>
<br>
<p class="c5">
Adobe may terminate this agreement if Customer materially breaches any term contained in this
agreement. 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.</p>
<br>
<p class="c4">
<b>12. Notice to U.S. Government End Users.</b></p>
<br>
<p class="c5">
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.</p>
<br>
<p class="c5">
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.</p>
<br>
<p class="c4">
<b>13. Compliance with Licenses.</b></p>
<br>
<p class="c5">
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 installation and 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 installation and 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 <a target="ADB-ESG" href="http://www.adobe.com/go/elicensing">
http://www.adobe.com/go/elicensing</a>. If the verification discloses a shortfall in licenses
for the Software or Membership, Customer shall immediately acquire any necessary licenses,
memberships, and any applicable back maintenance and support.</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 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 validating Software license and providing Customer with
additional information, features, or functionality. The Adobe Online Privacy Policy, available
at <a target="ADB-ESG" href="http://www.adobe.com/go/privacy">http://www.adobe.com/go/privacy</a>
(“Privacy Policy”), governs such connection and communication. Specifically:
</p>
<br>
<p class="c5">
14.1.1 Pursuant to the Privacy Policy, Adobe may (a) track website visits through the use
of cookies, web beacons, and similar devices and (b) collect and transmit Customer information.</p>
<br>
<p class="c5">
14.1.2 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.</p>
<br>
<p class="c5">
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.</p>
<br>
<p class="c5">
14.3 Activation. The Software may require Customer to (a) obtain an Adobe ID, (b) activate
or reactivate the Software, including activation of certain components or features, (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 <a target="ADB-ESG" href="http://www.adobe.com/go/activation">http://www.adobe.com/go/activation</a>
(“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.</p>
<br>
<p class="c5">
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 <a target="ADB-ESG" href="http://www.adobe.com/go/activation">
http://www.adobe.com/go/activation</a>. Deactivation requires Internet connectivity.</p>
<br>
<p class="c5">
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. If Customer accesses an Adobe Online Service (as defined in Section
16.4 below), 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.</p>
<br>
<p class="c5">
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.</p>
<br>
<p class="c5">
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 <a target="ADB-ESG"
href="http://www.adobe.com/go/settingsmanager">http://www.adobe.com/go/settingsmanager</a>.
Additional information on local shared objects is available at <a target="ADB-ESG" href="http://www.adobe.com/go/flashplayer_security">
http://www.adobe.com/go/flashplayer_security</a>.
</p>
<br>
<p class="c4">
<b>15. Peer-to-Peer Communications.</b></p>
<br>
<p class="c5">
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.</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, the terms stated in this section will supersede such other term or condition.</p>
<br>
<p class="c5">
16.1 No Prejudice; European Economic Area Provisions; Australia Mandatory Notice.</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 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.
Customer shall only request refunds from the vendor who sold Customer 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.</p>
<br>
<p class="c5">
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 backup copies of the Software and its computer data.</p>
<br>
<p class="c5">
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.</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 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
Adobe has not made such information available, under such circumstance, Customer must first
ask Adobe in writing to provide the information necessary to achieve such operability. 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.</p>
<br>
<p class="c5">
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:</p>
<br>
<p class="c5">
NOTICE TO CONSUMERS IN AUSTRALIA:</p>
<br>
<p class="c5">
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 24, 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.
</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 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.</p>
<br>
<p class="c5">
16.3 Educational Software Product. If the Software is an Educational Software Product (Software
manufactured and distributed for use only by Educational or Student Teacher End Users), Customer
is not entitled to use the Software unless Customer qualifies in its jurisdiction as an Educational
End User. Notwithstanding anything to the contrary, such Educational Software Product may
only be installed and used in the country in which Customer qualifies as an Educational End
User. For Customer residing in the European Economic Area, “country” shall mean the European
Economic Area. Please visit <a target="ADB-ESG" href="http://www.adobe.com/go/edu_purchasing">
http://www.adobe.com/go/edu_purchasing</a> to learn about eligibility. Please visit <a target="ADB-ESG"
href="http://www.adobe.com/go/store">http://www.adobe.com/go/store</a> and look for the link
for Buying Adobe Products Worldwide to find an Adobe Authorized Academic Reseller.</p>
<br>
<p class="c5">
16.4 Online Services.</p>
<br>
<p class="c5">
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, product Welcome Screens, and storage of Customer’s Software settings. 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. 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 (<a target="ADB-ESG" href="http://www.adobe.com/go/privacy">http://www.adobe.com/go/privacy</a>),
by the Adobe.com Terms of Use (<a target="ADB-ESG" href="http://www.adobe.com/go/terms">http://www.adobe.com/go/terms</a>),
and by any Additional Terms of Use that might be presented to Customer at that time.</p>
<br>
<p class="c5">
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”). Customer’s access to and use of any Third-Party Online Service 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 such Third-Party Online Services. Any dealings between Customer and any third party in
connection with a Third-Party Online Service 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.</p>
<br>
<p class="c5">
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.</p>
<br>
<p class="c5">
16.5 Digital Certificates.</p>
<br>
<p class="c5">
16.5.1 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">
http://www.adobe.com/go/partners_cds</a> and Adobe Approved Trust List vendors (“AATL”) listed
at <a target="ADB-ESG" href="http://www.adobe.com/go/aatl">http://www.adobe.com/go/aatl</a>
(collectively “Certificate Authorities”), or can be self-signed.</p>
<br>
<p class="c5">
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 <a target="ADB-ESG" href="http://www.adobe.com/go/partners_cds">
http://www.adobe.com/go/partners_cds</a> for information about Adobe’s CDS vendors and <a target="ADB-ESG"
href="http://www.adobe.com/go/aatl">http://www.adobe.com/go/aatl</a> for information about
AATL vendors.</p>
<br>
<p class="c5">
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.</p>
<br>
<p class="c5">
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.</p>
<br>
<p class="c5">
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.</p>
<br>
<p class="c5">
16.6 Font Software. If the Software includes font software:</p>
<br>
<p class="c5">
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).</p>
<br>
<p class="c5">
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.</p>
<br>
<p class="c5">
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.</p>
<br>
<p class="c5">
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.</p>
<br>
<p class="c5">
16.6.5 As an exception to the above, the fonts listed at <a target="ADB-ESG" href="http://www.adobe.com/go/restricted_fonts">
http://www.adobe.com/go/restricted_fonts</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 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.</p>
<br>
<p class="c5">
16.6.6 Open-Source Fonts. Some fonts distributed by Adobe with the Software may be open-source
fonts. Customer’s use of these open-source fonts will be governed by the applicable license
terms available at <a target="ADB-ESG" href="http://www.adobe.com/go/font_licensing">http://www.adobe.com/go/font_licensing</a>.
</p>
<br>
<p class="c5">
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.</p>
<br>
<p class="c5">
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.
</p>
<br>
<p class="c5">
16.8.1 Additional 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 PDF file manipulated by the Software to enable the ability
to locally save documents with filled-in PDF forms.</p>
<br>
<p class="c5">
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.</p>
<br>
<p class="c5">
16.8.3 For any unique Extended Document, Customer may only (a) Deploy that Extended Document
to an unlimited number of recipients, but Customer shall not extract data from more than five
hundred (500) instances of such Extended Document (or any hardcopy representation of that
Extended Document) that contains data from a recipient; or (b) Deploy an Extended Document
to no more than five hundred (500) recipients without limits on the number of times Customer
may extract data from a recipient from that Extended Document. 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 the Customer
may have obtained). For the avoidance of doubt, if Customer purchases another Adobe product
or service that allows Customer to send a greater number of PDF files or forms (e.g. Adobe
FormsCentral or Adobe LiveCycle Reader Extensions), then the terms of that Adobe product or
service shall supersede the terms of this Section 16.8.3.</p>
<br>
<p class="c5">
16.9 Adobe Runtime Distribution. Customer may only distribute an Adobe Runtime as a fully
integrated portion of a developer application that is created using the Software, including
the utilities provided with the Software, for example as part of an application that is packaged
to run on the Apple iOS or Android™ operating systems. Distribution of the resulting Output
File or developer application on a non-PC device may require Customer to obtain certain licenses
which may be subject to additional royalties, such as those set forth in Sections 16.14 and
16.15. It is solely Customer’s responsibility to obtain such licenses and pay such royalties;
Adobe grants no such license to the third party technologies under the terms of this agreement.
Unless and except as expressly provided in this Section, Customer shall have no rights to
distribute the Adobe Runtime software.</p>
<br>
<p class="c5">
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.</p>
<br>
<p class="c5">
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.</p>
<br>
<p class="c5">
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.</p>
<br>
<p class="c5">
16.13 Digital Publishing Suite. If the Software includes certain components designed to work
with or access the Adobe Digital Publishing Suite services (“DPS”; such components are referred
to as “DPS Desktop Tools”), then 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
a Content Viewer (as defined in the terms of use related to DPS; such content is referred
to as “Output”); (b) evaluating and testing the Output; and (c) where available, accessing
and using DPS. Except as otherwise permitted herein, Customer may not display, distribute,
modify, or publicly perform the DPS Desktop Tools.</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">
http://www.adobe.com/go/mpegla</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 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.</p>
<br>
<p class="c6">
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