the Adobe Color Profile License Agreement

Adobe-CPLA (text/plain), 7.71 KB, created by Victor Tseng on 2004-05-26 16:09:35 UTC

ADOBE SYSTEMS INCORPORATED

COLOR PROFILE LICENSE AGREEMENT
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION
OF THE SOFTWARE, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF
YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.

1. DEFINITIONS In this Agreement, "Adobe" means Adobe Systems Incorporated, a
Delaware corporation, located at 345 Park Avenue, San Jose, California 95110.
"Software" means the software and related items with which this Agreement is
provided.

2. LICENSE Subject to the terms of this Agreement, Adobe hereby grants you the
worldwide, non-exclusive, nontransferable, royalty-free license to use,
reproduce, and publicly display the Software. Adobe also grants you the rights
to distribute the Software only (a) as embedded within digital image files and
(b) on a standalone basis. No other distribution of the Software is allowed;
including, without limitation, distribution of the Software when incorporated
into or bundled with any application software. You may not modify the Software.
Adobe is under no obligation to provide any support under this Agreement,
including upgrades or future versions of the Software or other items. No title
to the intellectual property in the Software is transferred to you under the
terms of this Agreement. You do not acquire any rights to the Software except
as expressly set forth in this Agreement.

3. DISTRIBUTION If you choose to distribute the Software, you do so with the
understanding that you agree to defend, indemnify, and hold harmless Adobe
against any losses, damages, or costs arising from any claims, lawsuits, or
other legal actions arising out of such distribution, including, without
limitation, your failure to comply with this Section. If you distribute the
Software on a standalone basis, you will do so under the terms of this Agreement
or your own license agreement which (a) complies with the terms and conditions
of this Agreement; (b) effectively disclaims all warranties and conditions,
express or implied, on behalf of Adobe; (c) effectively excludes all liability
for damages on behalf of Adobe; (d) states that any provisions that differ from
this Agreement are offered by you alone and not Adobe; and (e) states that the
Software is available from you or Adobe and informs licensees how to obtain it
in a reasonable manner on or through a medium customarily used for software
exchange. Any distributed Software will include the Adobe copyright notices as
included in the Software provided to you by Adobe.

4. DISCLAIMER OF WARRANTY Adobe licenses the Software to you on an "AS IS"
basis. Adobe makes no representation as to the adequacy of the Software for any
particular purpose or to produce any particular result. Adobe shall not be
liable for loss or damage arising out of this Agreement or from the distribution
or use of the Software or any other materials. ADOBE AND ITS SUPPLIERS DO NOT
AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE
SOFTWARE, EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM TO THE
EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW
APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS MAKE NO
WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY
STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS,
INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS,
INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU
MAY HAVE ADDITIONAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. The
provisions of Sections 4, 5, and 6 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.

5. LIMITATION OF LIABILITY IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO
YOU FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER OR 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, CLAIMS
OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND
EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.
ADOBE'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION
WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE.
Nothing contained in this Agreement limits Adobe's liability to you in the event
of death or personal injury resulting from Adobe's negligence or for the tort of
deceit (fraud). Adobe is acting on behalf of its suppliers 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.

6. TRADEMARKS Adobe and the Adobe logo are the registered trademarks or
trademarks of Adobe in the United States and other countries. You will not use
such trademarks or any other Adobe trademark or logo without separate prior
written permission granted by Adobe.

7. TERM This Agreement is effective until terminated. Adobe has the right to
terminate this Agreement immediately if you fail to comply with any term hereof.
Upon any such termination, you must return to Adobe all full and partial copies
of the Software in your possession or control.

8. GOVERNMENT REGULATIONS If any part of the Software is identified as an export
controlled item under the United States Export Administration Act or any other
export law, restriction or regulation (the "Export Laws"), you represent and
warrant that you are not a citizen, or otherwise located within, an embargoed
nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba,
North Korea, and Serbia) 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.

9. GOVERNING LAW This Agreement will be governed by and construed in accordance
with the substantive laws in force in the State of California as such laws are
applied to agreements entered into and to be performed entirely within
California between California residents. 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. All disputes arising out of, under, or related to this
Agreement will be brought exclusively in the state or federal courts located in
Santa Clara County, California, USA.

10. GENERAL You may not assign your rights or obligations granted under this
Agreement without the prior written consent of Adobe. None of the provisions of
this Agreement shall be deemed to have been waived by any act or acquiescence on
the part of Adobe, its agents, or employees, but only by an instrument in
writing signed by an authorized signatory of Adobe. When conflicting language
exists between this Agreement and any other agreement included in the Software,
the terms of such included agreement shall apply. If either you or Adobe employs
attorneys to enforce any rights arising out of or relating to this Agreement,
the prevailing party shall be entitled to recover reasonable attorney fees. You
acknowledge that you have read this Agreement, understand it, and that it is the
complete and exclusive statement of your agreement with Adobe which supersedes
any prior agreement, oral or written, between Adobe and you with respect to the
licensing to you of the Software. No variation of the terms of this Agreement
will be enforceable against Adobe unless Adobe gives its express consent, in
writing, signed by an authorized signatory of Adobe.