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Gentoo's Bugzilla – Attachment 445198 Details for
Bug 593004
www-plugins/adobe-flash-22* version bump
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Extracted plain text of English version
Flash_Player_22_0 (text/plain), 34.96 KB, created by
Ulrich Müller
on 2016-09-08 09:20:09 UTC
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Description:
Extracted plain text of English version
Filename:
MIME Type:
Creator:
Ulrich Müller
Created:
2016-09-08 09:20:09 UTC
Size:
34.96 KB
patch
obsolete
>ADOBE >Personal Computer Software License Agreement > >1. WARRANTY DISCLAIMER, BINDING AGREEMENT AND ADDITIONAL TERMS AND >AGREEMENTS. > >1.1 WARRANTY DISCLAIMER. THE SOFTWARE AND OTHER INFORMATION IS >DELIVERED TO YOU âAS ISâ AND WITH ALL FAULTS. ADOBE, ITS SUPPLIERS >AND CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE >OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY >SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY >WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE >EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, >ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO >WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED >WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY >MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY >RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS >FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 SHALL >SURVIVE THE TERMINATION OF THIS AGREEMENT, HOWSOEVER CAUSED, BUT THIS >SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SOFTWARE AFTER >TERMINATION OF THIS AGREEMENT. > >1.2 BINDING AGREEMENT: By using, copying or distributing all or any >portion of the Adobe Software, you accept all the terms and conditions >of this agreement, including, in particular, the provisions on: > >- Use (Section 3); >- Transferability (Section 5); >- Connectivity and Privacy (Section 7), including: > - Updating, > - Local Storage, > - Settings Manager, > - Peer Assisted Networking Technology, > - Content Protection Technology, and > - Use of Adobe Online Services; >- Warranty Disclaimer (Section 1.1), and; >- Liability Limitations (Sections 10 and 17). > >Upon acceptance, this agreement is enforceable against you and any >entity that obtained the Software and on whose behalf it is used. If >you do not agree, do not Use the Software. > >1.3 ADDITIONAL TERMS AND AGREEMENTS. Adobe permits you to Use the >Software only in accordance with the terms of this agreement. Use of >some third party materials included in the Software may be subject to >other terms and conditions typically found in a separate license >agreement, a âRead Meâ file located near such materials or in the >âThird Party Software Notices and/or Additional Terms and >Conditionsâ found at http://www.adobe.com/go/thirdparty. Such other >terms and conditions will supersede all or portions of this agreement >in the event of a conflict with the terms and conditions of this >agreement. > >2. Definitions. > >âAdobeâ means Adobe Systems Incorporated, a Delaware corporation, >345 Park Avenue, San Jose, California 95110, if subsection 12(a) of >this agreement applies; otherwise it means Adobe Systems Software >Ireland Limited, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, >Ireland, a company organized under the laws of Ireland and an affiliate >and licensee of Adobe Systems Incorporated. > >âCompatible Computerâ means a Computer that conforms to the system >requirements of the Software as specified in the Documentation. > >âComputerâ means a virtual machine or physical personal electronic >device that accepts information in digital or similar form and >manipulates it for a specific result based on a sequence of >instructions. > >âPersonal Computerâ or âPCâ shall mean a hardware product which >is designed and marketed with the primary purpose of operating a wide >variety of productivity, entertainment, and other software applications >provided by unrelated third party software vendors, which operates >depending upon the use of a full function and full feature set computer >operating system of the type(s) then in widespread use with hardware to >operate general purpose laptop, desktop, server, and large format >tablet microprocessor based computers. This definition of Personal >Computer shall exclude hardware products that are designed and/or >marketed to have as their primary purpose any number of the following: >television, television receiver, portable media player, audio/video >receiver, radio, audio headphone, audio speaker, personal digital >assistant (âPDAâ), telephone or similar telephony based device, >game console, personal video recorder (âPVRâ), player for digital >versatile disc (âDVDâ) or other optical media, video camera, still >camera, camcorder, video editing and format conversion device, video >image projection device, and shall further exclude any similar type of >consumer, professional or industrial device. > >âSoftwareâ means (a) all of the contents of the files (delivered >electronically or on physical media), or disk(s) or other media with >which this agreement is provided, which may include (i) Adobe or third >party computer information or software, including Adobe Reader® >(âAdobe Readerâ), Adobe® AIR® (âAdobe AIRâ), Adobe Flash® >Player, Shockwave® Player and Authorware® Player (collectively, Adobe >AIR and the Flash, Shockwave and Authorware players are the âAdobe >Runtimesâ); (ii) related explanatory written materials or files >(âDocumentationâ); and (iii) fonts; and (b) upgrades, modified >versions, updates, additions, and copies of the foregoing, provided to >you by Adobe at any time (collectively, âUpdatesâ). > >âUseâ means to access, install, download, copy, or otherwise >benefit from using the functionality of the Software. > >3. Software License. > >If you obtained the Software from Adobe or one of its authorized >licensees, and subject to your compliance with the terms of this >agreement, including the restrictions in Section 4, Adobe grants to you >a non-exclusive license to Use the Software in the manner and for the >purposes described in the Documentation as follows: > >3.1 General Use. You may install and Use one copy of the Software on >your Compatible Computer. See Section 4 for important restrictions on >the Use of the Software. > >3.2 Server Use. This agreement does not permit you to install or Use >the Software on a computer file server. For information on Use of >Software on a computer file server please refer to >http://www.adobe.com/go/acrobat_distribute for information about Adobe >Reader; or http://www.adobe.com/go/licensing for information about the >Adobe Runtimes. > >3.3 Distribution. This license does not grant you the right to >sublicense or distribute the Software. For information about obtaining >the right to distribute the Software on tangible media or through an >internal network or with your product or service please refer to >http://www.adobe.com/go/acrobat_distribute for information about Adobe >Reader; or http://www.adobe.com/go/licensing for information about the >Adobe Runtimes. > >3.4 Backup Copy. You may make one backup copy of the Software, provided >your backup copy is not installed or used other than for archival >purposes. You may not transfer the rights to a backup copy unless you >transfer all rights in the Software as provided under Section 5. > >4. Obligations and Restrictions. > >4.1 Adobe Runtime Restrictions. You will not Use any Adobe Runtime 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 an Adobe Runtime on any (a) mobile device, set top box >(STB), 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. No right or license to Use any Adobe Runtime is granted >for such prohibited uses. For information on Software license terms for >non-PC versions of Adobe Runtimes please visit >http://www.adobe.com/go/runtime_mobile_EULA. For information on >licensing Adobe Runtimes for distribution on such systems please visit >http://www.adobe.com/go/licensing. > >4.1.1 AVC Video Restrictions. The Software may contain H.264/AVC video >technology, the use of which requires the following notice from >MPEG-LA, L.L.C.: > >THIS SOFTWARE IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR >THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (I) ENCODE VIDEO >IN COMPLIANCE WITH THE AVC STANDARD (âAVC VIDEOâ) AND/OR (II) >DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL >AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER >LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE >IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM >MPEG LA, L.L.C. SEE http://www.adobe.com/go/mpegla. > >4.1.2 H.264/AVC Software Encoding. The H.264/AVC software encoding >functionality available in the Adobe Runtimes is licensed solely for >personal, non-commercial use. For more information on obtaining the >right to use the H.264/AVC software encoding functionality for >commercial purposes, please refer to http://www.adobe.com/go/licensing. > >4.2 Adobe Flash Player Restrictions. You will not use Adobe Flash >Player with any application or device that circumvents technological >measures for the protection of video, audio, and/or data content, >including any of Adobeâs secure RTMP measures. No right or license to >use Adobe Flash Player is granted for such prohibited uses. > >4.3 Adobe Reader Restrictions. > >4.3.1 Conversion Restrictions. You will not integrate or use Adobe >Reader with any other software, plugin or enhancement that uses or >relies upon Adobe Reader when converting or transforming PDF files into >a different format (e.g., a PDF file into a TIFF, JPEG, or SVG file). > >4.3.2 Plug-in Restrictions. You will not integrate or use Adobe Reader >with any plug-in software not developed in accordance with the Adobe >Integration Key License Agreement, more information can be found at >http://www.adobe.com/go/rikla_program. > >4.3.3 Disabled Features. Adobe Reader may contain features or >functionalities that are hidden or appear disabled or âgrayed outâ >(the âDisabled Featuresâ). Disabled Features will activate only >when opening a PDF document that was created using enabling technology >available only from Adobe. You will not access, or attempt to access, >any Disabled Features other than through the use of such enabling >technologies, nor will you rely on Adobe Reader to create a feature >substantially similar to any Disabled Feature or otherwise circumvent >the technology that controls activation of any such feature. For more >information on disabled features, please refer to >http://www.adobe.com/go/readerextensions. > >4.4 Notices. You shall not alter or remove any copyright or other >proprietary notice that appears on or in the Software. > >4.5 No Modification or Reverse Engineering. You shall not modify, >adapt, translate, or create derivative works based upon the Software. >You shall 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 the additional terms at the end >of this agreement under the header âEuropean Union Provisions,â in >Section 16. > >5. Transfer. > >You may not rent, lease, sublicense, assign, or transfer your rights in >the Software, or authorize all or any portion of the Software to be >copied onto another userâs Computer except as may be expressly >permitted by this agreement. You may, however, transfer all your rights >to Use the Software to another person or legal entity provided that: >(a) you also transfer (i) this agreement, and (ii) the Software and all >other software or hardware bundled or pre-installed with the Software, >including all copies, Updates, and prior versions, to such person or >entity, (b) you retain no 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 upon >which you obtained a valid license to the Software. Notwithstanding >the foregoing, you may not transfer education, pre-release, or not for >resale copies of the Software. > >6. Intellectual Property Ownership, Reservation of Rights. > >The Software and any authorized copies that you make are the >intellectual property of Adobe and its suppliers. The structure, >organization, and code of the Software are the valuable intellectually >property (e.g. trade secrets and confidential information) of Adobe and >its suppliers. The Software is protected by law, including without >limitation 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. > >7. Connectivity and Privacy. You acknowledge and agree to the following: > >7.1 Use of PDF Files. When you Use the Software to open a PDF file that >has been enabled to display ads, your Computer may connect to a website >operated by Adobe, an advertiser, or other third party. Your Internet >Protocol address (âIP Addressâ) is sent when this happens. The >party hosting the site may use technology to send (or âserveâ) >advertising or other electronic content that appears in or near the >opened PDF file. The website operator may also use JavaScript, web >beacons (also known as action tags or single-pixel gifs), and other >technologies to increase and measure the effectiveness of >advertisements and to personalize advertising content. Your >communication with Adobe websites is governed by the Adobe Online >Privacy Policy found at http://www.adobe.com/go/privacy (âAdobe >Online Privacy Policyâ). Adobe may not have access to or control over >features that a third party may use, and the information practices of >third party websites are not covered by the Adobe Online Privacy Policy. > >7.2 Updating. If your Computer is connected to the Internet, the >Software may, without additional notice, check for Updates that are >available for automatic download and installation to your Computer and >let Adobe know the Software is successfully installed. For Reader, >Updates may be automatically downloaded but not installed without >additional notice unless you change your preferences to accept >automatic installation. Only non-personally identifying information is >transmitted to Adobe when this happens, except to the extent that IP >Addresses may be considered personally identifiable in some >jurisdictions. The use of such information, including your IP Address, >as provided by the auto update process is governed by the Adobe Online >Privacy Policy. Please consult the Documentation for information about >changing default update settings at >http://www.adobe.com/go/settingsmanager for Flash Player, >http://www.adobe.com/go/update_details_url (or successor website) for >Reader, and http://www.adobe.com/go/air_update_details for Adobe AIR. > >7.3 Local Storage. Flash Player and Adobe AIR may allow third parties >to store certain information on your Computer in a local data file >known as a local shared object. The type and amount of information that >the third party application requests to be stored in a local shared >object can vary by application and such requests are controlled by the >third party. To find more information on local shared objects and learn >how to limit or control the storage of local shared objects on your >Computer, please visit http://www.adobe.com/go/flashplayer_security. > >7.4 Settings Manager. Flash Player and third-party programs using Adobe >AIR may save certain user settings by storing them on your Computer as >a local shared object. These settings do not contain personally >identifiable information associated with you. They are associated with >the instance of Flash Player or the third-party program using Adobe AIR >on your Computer, allowing you to customize runtime features. The Flash >Player Settings Manager permits you 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 your computerâs >microphone and camera. You can find more information on how to >configure settings in your version of Flash Player, including >information on how to disable local shared objects using the Flash >Player Settings Manager, at http://www.adobe.com/go/settingsmanager. >You can remove equivalent settings for third-party programs using Adobe >AIR by uninstalling the third-party program. > >7.5 Peer Assisted Networking Technology. Adobe Flash Player and Adobe >AIR runtimes provide the ability for applications built by third >parties to connect to an Adobe Server or Service and permit direct >communication between two Adobe Runtime clients or to connect an Adobe >Runtime client as part of a peer or distributed network that allows a >portion of your resources, such as network bandwidth, to be made >directly available to other participants. Prior to joining such peer or >distributed network, you will be provided with the opportunity to >accept such connectivity. You can manage Peer Assisted Networking >settings using the Flash Player Settings Manager. Learn more about >using the Settings Manager at http://www.adobe.com/go/settingsmanager. >You can find more information on Peer Assisted Networking at >http://www.adobe.com/go/RTMFP. > >7.6 Content Protection Technology. If you Use the Adobe Runtimes to >access content that has been protected with Adobe Flash Media Rights >Management Server or Flash Access software (âContent Protectionâ), >in order to let you play the protected content, the Software may >automatically request media usage rights and individualization from a >server on the Internet, and may download and install required >components of the Software, including any available Content Protection >Updates. You can clear the content license information using the Flash >Player Settings Manager. Learn more about using the Settings Manager at >http://www.adobe.com/go/settingsmanager. You can find more information >on Content Protection at http://www.adobe.com/go/protected_content. > >7.7 Use of Adobe Online Services. If your Computer is connected to the >Internet, the Software may, without additional notice and on an >intermittent or regular basis, facilitate your access to content and >services that are hosted on websites maintained by Adobe or its >affiliates (âAdobe Online Servicesâ). Examples of such Adobe >Online Services might include, but are not limited to: Acrobat.com. 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. If your Computer is connected to the Internet, >the Software may, without additional notice, update downloadable >materials from these Adobe Online Services so as to provide immediate >availability of these Adobe Online Services even when you are offline. >When the Software connects to the Internet as a function of an Adobe >Online Service, your IP Address, user name, and password may be sent to >Adobeâs servers and stored by Adobe in accordance with the Additional >Terms of Use or the âhelpâ menu in the Software. This information >may be used by Adobe to send you transactional messages to facilitate >the Adobe Online Service. Adobe may display in-product marketing to >provide information about the Software and other Adobe products and >Services, including but not limited to Adobe Online Services, based on >certain Software specific features including but not limited to, the >version of the Software, including without limitation, platform >version, version of the Software, and language. For further information >about in-product marketing, please see the âhelpâ menu in the >Software. Whenever the Software makes an Internet connection and >communicates with an Adobe website, whether automatically or due to >explicit user request, the Adobe Online Privacy Policy shall apply. >Additionally, unless you are provided with separate terms of use at >that time, the Adobe.com Terms of Use (http://www.adobe.com/go/terms) >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. > >8. Third Party Offerings. You acknowledge and agree to the following: > >8.1 Third Party Offerings. The Software may allow you to access and >interoperate with third party content, software applications, and data >services, including rich Internet applications (âThird Party >Offeringsâ). Your access to and use of any Third Party Offering, >including any goods, services, or information, is governed by the terms >and conditions respecting such offerings and copyright laws of the >United States and other countries. Third Party Offerings are not owned >or provided by Adobe. You agree that you will not use any of such Third >Party Offerings in violation of copyright laws of the United States or >other countries. Adobe or the third party may at any time, for any >reason, modify or discontinue the availability of any Third Party >Offerings. Adobe does not control, endorse, or accept responsibility >for Third Party Offerings. Any dealings between you and any third party >in connection with a Third Party Offerings, including such partyâs >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 Offerings might >not be available in all languages or to residents of all countries and >Adobe or the third party may, at any time and for any reason, modify or >discontinue the availability of any Third Party Offerings. > >8.2 EXCEPT AS EXPRESSLY AGREED BY ADOBE OR ITS AFFILIATES OR A THIRD >PARTY IN A SEPARATE AGREEMENT, YOUR USE OF ADOBE AND THIRD PARTY >OFFERINGS IS AT YOUR OWN RISK UNDER THE WARRANTY AND LIABILITY >LIMITATIONS OF SECTIONS 1.1 AND 10. > >9. Digital Certificates. You acknowledge and agree to the following: > >9.1 Use. Adobe AIR uses digital certificates to help you identify the >publisher of Adobe AIR applications created by third parties. >Additionally, Adobe AIR uses digital certificates to establish the >identity of servers accessed via the Transport Layer Security (TLS) >protocol, including access via HTTPS. Adobe Reader uses digital >certificates to sign and validate signatures within PDF documents and >to validate certified PDF documents. Adobe Runtimes use digital >certificates to secure protected content from unauthorized usage. Your >Computer may connect to the Internet at the time of validation of a >digital certificate in order to download current certificate revocation >lists (CRLs) or to update the list of digital certificates. This access >may be made both by the Software and by applications based on the >Software. Digital certificates are issued by third party certificate >authorities, including Adobe Certified Document Services (CDS) vendors >listed at http://www.adobe.com/go/partners_cds and Adobe Approved Trust >List (AATL) vendors listed at http://www.adobe.com/go/aatl, and >individualization vendors found at >http://www.adobe.com/go/protected_content (collectively >âCertification Authoritiesâ), or can be selfsigned. > >9.2 Terms and Conditions. Purchase, use and reliance upon digital >certificates are the responsibility of you and a Certification >Authority. Before you rely upon any certified document, digital >signature, or Certification Authority services, you should review the >applicable terms and conditions under which the relevant Certification >Authority provides services, including, for example, any subscriber >agreements, relying party agreements, certificate policies, and >practice statements. See the links on >http://www.adobe.com/go/partners_cds for information about Adobeâs >CDS vendors and http://www.adobe.com/go/aatl for information about >Adobeâs AATL vendors. > >9.3 Acknowledgement. You agree that (a) a digital certificate may have >been revoked prior to the time of verification, making the digital >signature or certificate appear valid when in fact it is not, (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 >Certification Authority, or any other third party, and (c) a >certificate may be a self-signed certificate not provided by a >Certification 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 CERTIFICATION AUTHORITY, YOU USE >DIGITAL CERTIFICATES AT YOUR SOLE RISK. > >9.4 Third Party Beneficiaries. You agree that any Certification >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. > >9.5 Indemnity. You agree to hold Adobe and any applicable Certification >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 any use of, or reliance on, by you or any >third party that receives a document from you with a digital >certificate, 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. > >10. Limitation of Liability. > >IN NO EVENT WILL ADOBE, ITS SUPPLIERS, OR CERTIFICATION AUTHORITIES BE >LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY >CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR >LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE >POSSIBILITY OF SUCH LOSS, DAMAGES, OR CLAIMS. THE FOREGOING >LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE >LAW IN YOUR JURISDICTION. ADOBEâS AGGREGATE LIABILITY AND THAT OF ITS >SUPPLIERS AND CERTIFICATION AUTHORITIES UNDER OR IN CONNECTION WITH >THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF >ANY. Nothing contained in this agreement limits Adobeâs liability to >you in the event of death or personal injury resulting from Adobeâs >negligence or for the tort of deceit (fraud). Adobe is acting on behalf >of its suppliers and Certification Authorities for the purpose of >disclaiming, excluding, and/or limiting obligations, warranties, and >liability as provided in this agreement, but in no other respects and >for no other purpose. For further information, please see the >jurisdiction specific information at the end of this agreement, if any, >or contact Adobeâs Customer Support Department. > >11. Export Rules. > >You agree that the Software will not be shipped, transferred, or >exported into any country or used in any manner prohibited by the >United States Export Administration Act or any other export laws, >restrictions, or regulations (collectively the âExport Lawsâ). In >addition, if the Software is identified as export controlled items >under the Export Laws, you represent and warrant that you are not a >citizen, or otherwise located within, an embargoed nation (including >without limitation Iran, Syria, Sudan, Cuba, and North Korea) and that >you are not otherwise prohibited under the Export Laws from receiving >the Software. 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. > >12. Governing Law. > >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 state in 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, the Peopleâs Republic of >China (including Hong Kong S.A.R. and 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 (âSIACâ) 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. The >English version of this agreement will be the version used when >interpreting or construing this agreement. This agreement will not be >governed by the conflict of law rules of any jurisdiction or the United >Nations Convention on Contracts for the International Sale of Goods, >the application of which is expressly excluded. > >13. General Provisions. > >If any part of this agreement is found void and unenforceable, it will >not affect the validity of the balance of this agreement, which shall >remain valid and enforceable according to its terms. This agreement >shall not prejudice the statutory rights of any party dealing as a >consumer. This agreement may only be modified by a writing signed by an >authorized officer of Adobe. Updates may be licensed to you by Adobe >with additional or different terms. 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. > >14. Notice to U.S. Government End Users. > >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 shall be incorporated by reference in this agreement. > >15. Compliance with Licenses. > >If you are a business or organization, you agree that upon request from >Adobe or Adobeâs authorized representative, you will, within thirty >(30) days, fully document and certify that use of any and all Software >at the time of the request is in conformity with your valid licenses >from Adobe. > >16. European Union Provisions. > >Nothing included in this agreement (including Section 4.5) shall limit >any non-waivable right to decompile the Software that you may enjoy >under mandatory 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 interoperability and Adobe >has not made such information available. In addition, such >decompilation may only be done 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 >which is substantially similar to the expression of the Software or >used for any other act which infringes Adobe or its licensorsâ >copyright. > >17. Specific Provisions and Exceptions. > >17.1 Limitation of Liability for Users Residing in Germany and Austria. > >17.1.1 If you obtained the Software in Germany or Austria, and you >usually reside in such country, then Section 10 does not apply. >Instead, subject to the provisions in Section 17.1.2, Adobeâs >statutory liability for damages shall be limited as follows: (a) Adobe >shall be liable only up to the amount of damages as typically >foreseeable at the time of entering into the license agreement in >respect of damages caused by a slightly negligent breach of a material >contractual obligation and (b) Adobe shall not be liable for damages >caused by a slightly negligent breach of a non-material contractual >obligation. > >17.1.2 The aforesaid limitation of liability shall not apply to any >mandatory statutory liability, in particular, to liability under the >German Product Liability Act, liability for assuming a specific >guarantee or liability for culpably caused personal injuries. > >17.1.3 You are required to take all reasonable measures to avoid and >reduce damages, in particular to make back-up copies of the Software >and your computer data subject to the provisions of this agreement. > >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 or via the web at >http://www.adobe.com to contact the Adobe office serving your >jurisdiction. > >Adobe, Adobe AIR, AIR, Authorware, Flash, Reader, and Shockwave are >either registered trademarks or trademarks of Adobe Systems >Incorporated in the United States and/or other countries. > >PlatformClients_PC_WWEULA-en_US-20110809_1357
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