THIS IS A CONTRACT BETWEEN YOU AND ADOBE SYSTEMS INCORPORATED ("ADOBE"), A COMPANY INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE, U.S.A. BY USING AND/OR INSTALLING THE "SOFTWARE" (AS DEFINED BELOW) YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree with the terms and conditions of this Agreement, return the media, along with the rest of the package, to Adobe or the location where you obtained it.
This Adobe Systems Incorporated End User Licence Agreement accompanies an Adobe software product ("Software") and related explanatory materials ("Documentation"). The term "Software" shall also include any upgrades, modified versions, updates, additions and copies of the Software licensed to you by Adobe. This is a licence agreement. Adobe continues to own the copy of the Software contained in this package and any other copy that you are authorised to make pursuant to this Agreement.
Adobe grants to you a non-exclusive licence to use the Software and Documentation, provided that you agree to the following:
1. Use of the Software.
You may install the Software on a single computer, and you may make one backup copy of the Software, in accordance with the provisions of the European Communities (Legal Protection of Computer Programs) Regulations, 1993, provided your backup copy is not installed or used on any computer.
2. Copyright.
The Software is the intellectual property of Adobe and its suppliers and is protected by United States copyright law, international treaty provisions, and applicable laws of the country in which it is being used. The structure, organisation and code of the Software are the valuable trade secrets and confidential information of Adobe and its suppliers. Therefore you must treat the Software just as you would any other copyrighted material, such as a book. You may not copy the Software or the Documentation except as set forth in the "Use of the Software" section. You agree not to increase the functionality of the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except as permitted under the European Communities (Legal Protection of Computer Programs) Regulations, 1993 in order to render the Software interoperable with other independently created software and any such act must be restricted to the portions of the Software which are necessary to achieve interoperability as stated. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owner's name. Trademarks can only be used to identify printed output produced by the Software. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software.
If it is necessary for you to decompile the Software in order to obtain information necessary in order to render the Software interoperable with other independently created software in accordance with European Communities (Legal Protection of Computer Programs) Regulations, 1993, as stated above, you may first request Adobe to provide such information. Adobe has the right to impose reasonable conditions such as a reasonable fee for providing such information. Requests for information can be directed to Customer Support Department, Adobe Systems Europe Limited, Adobe House, Mid New Cultins, Edinburgh, Scotland EH11 4DU, United Kingdom, telefax +44-(0)131-453-4422.
3. Transfer.
You may not rent, lease, sublicense or lend the Software or Documentation. You may, however, transfer all your rights to use the Software and Documentation to another person or legal entity provided that (i) you transfer this Agreement, the Software, including all copies, updates and prior versions and all copies of font software converted into other formats, and the Documentation to such person or entity, (ii) you retain no copies, including copies stored on a computer, and (iii) that the receiving party agrees to be bound by the terms and conditions of this Agreement.
4. Limited Warranty.
ADOBE IS PROVIDING YOU WITH THE SOFTWARE FREE OF CHARGE FOR DEMONSTRATION PURPOSES ON AN "AS IS" BASIS. ADOBE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. ADOBE AND ITS SUPPLIERS MAKE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE, SAVE FOR ANY WARRANTY WHICH CANNOT BE EXCLUDED BY COMPULSORY LAW TO THE EXTENT PERMITTED BY APPLICABLE LAW IN IRELAND. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. WHERE LEGAL LIABILITY CANNOT BE EXCLUDED, BUT IT MAY BE LIMITED, ADOBE'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF TWENTY-FIVE POUNDS (ú25) IN TOTAL.
The contractual rights which you enjoy by virtue of Section 12, 13, 14 and 15 of the Sale of Goods Act, 1893 (as amended) are in no way prejudiced by anything contained in this Agreement save (if you are not dealing as a consumer or in the case of an international sale of goods) to the extent permitted by law.
Section 39 of the Sale of Goods and Supply of Services Act, 1980 is hereby excluded with respect to the supply of the Software. The contractual rights which you enjoy by virtue of the provisions of Section 39 of the Sale of Goods and Supply of Services Act, 1980 are in no way prejudiced by anything contained in these terms and conditions save to the extent permitted by law.
Adobe is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or restricting obligations, warranties and liability as provided in this Clause 4, but in no other respects and for no other purpose. The provisions of this Clause 4 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. Governing Law and General Provisions.
This Agreement is governed by Irish law and you submit to the jurisdiction of the Irish courts in relation to any matter or dispute arising hereunder. This is the entire agreement between Adobe and you relating to the Software and the Documentation and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software and the Documentation.
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. 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. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorised officer of Adobe.
6. Notice to United States Government End Users
The Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. º2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. º12.212 or 48 C.F.R. º227.7202, as applicable. Consistent with 48 C.F.R. º12.212 or 48 C.F.R. ºº227.7202-1 through 227.7202-4, as applicable, the "Commercial Computer Software" and "Commercial Computer Software Documentation" are being licensed to U.S. Government end users (i) only as "Commercial Items" and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Unpublished-rights reserved under the copyright laws of the United States. Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA 95110-2704, USA.
If you have any questions regarding this agreement or if you wish to request any information from Adobe, please use the address information enclosed in this product to contact the local Adobe subsidiary serving your country or write to Customer Support Department, Adobe Systems Europe Limited, Adobe House, Mid New Cultins, Edinburgh, Scotland EH11 4DU, United Kingdom, telefax +44-(0)131-453-4422.
Adobe and the Adobe logo are trademarks of Adobe Systems Incorporated.
