Adobe Systems Incorporated Image Club Graphics End User License Agreement
PLEASE SIGN AND RETURN ANY ACCOMPANYING REGISTRATION FORM TO RECEIVE REGISTRATION BENEFITS
NOTICE TO USER:
THIS IS A CONTRACT. BY OPENING THIS PACKAGE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree with the terms and conditions of this Agreement, return this media envelope, UNOPENED, along with the rest of the package, to Adobe Systems Incorporated (╥Adobe╙) or the location where you obtained it.
This package contains software (╥Software╙) and related explanatory written materials (╥Documentation╙). The term ╥Software╙ shall also include any upgrades, modified versions, updates, additions, and copies of the Software licensed to you by Adobe. Adobe grants to you a non-exclusive license to use the Software and Documentation, provided that you agree to the following:
1. Use of the Software.
You may--
Ñ Install the Software in a single location on a hard disk or other storage device of up to the number of computers indicated in the upper right hand corner (╥Permitted Number of Computers╙) of this Agreement.
Ñ Provided the Software is configured for network use, install and use the Software on a single file server for use on a single local area network for either (but not both) of the following purposes: (1) permanent installation onto a hard disk or other storage device of up to the Permitted Number of Computers; or (2) use of the Software over such network, provided the number of different computers on which the Software is used does not exceed the Permitted Number of Computers. For example, if there are 100 computers connected to the server, with no more than 15 computers ever using the Software concurrently, but the Software will be used on 25 different computers at various times, the Permitted Number of Computers for which you need a license is 25.
Ñ Make one backup copy of the Software, provided your backup copy is not installed or used on any computer.
HOME USE. The primary user of each computer on which the Software is installed or used may also install the Software on one home or portable computer. However, the Software may not be used on the secondary computer by another person at the same time the Software on the primary computer is being used.
FONT SOFTWARE. If the Software includes font software, you may--
Ñ Use the font software as described above on the Permitted Number of Computers and output such font software on any output devices connected to such computers.
Ñ If the Number of Permitted Computers is five or fewer, 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 such font software remain resident in the output device, and of one additional such output device for every multiple of five represented by the Number of Permitted Computers.
Ñ Take a copy of the font(s) you have used for a particular file to a commercial printer or other service bureau, and such service bureau may use the font(s) to process your file, provided such service bureau has informed you that it has purchased or been granted a license to use that particular font software.
Ñ Convert and install the font software into another format for use in other environments, subject to the following conditions: A computer on which the converted font software is used or installed shall be considered as one of your Permitted Number of Computers. You agree that use of the font software you have converted shall be pursuant to all the terms and conditions of this Agreement, that such font software may be used only for your own customary internal business or personal use and that such font software may not be distributed or transferred for any purpose, except in accordance with Paragraph 3 below.
STOCK FILE SOFTWARE. If the Software includes clip art, stock photos, or other stock files (╥Stock Files╙), you may--
Ñ Use the Stock Files as described above on the Permitted Number of Computers.
Ñ Use the Stock Files for illustrative or decorative purposes for printed communication (e.g., advertisements, publications, newspapers, brochures, reports and newsletters).
Ñ Use the Stock Files for electronic and/or multimedia communication (e.g, presentations, training programs, video, and web page design).The Stock File images must be at a resolution no greater than 640 by 480 pixels (72 dpi); the Stock File images must be both decorative in nature and must not be the primary value or purpose of the production. For example, you may incorporate a Stock File image as a decorative element on a web page, but you may not use the images in an application program where the images represent the primary value (e.g., a screen saver program).
Ñ Incorporate or modify the Stock File images and use them in a non-electronic product for resale, except where the image is the primary value or purpose of the production. For example, you may incorporate a Stock File image in a total design on a T-shirt or poster as long as the image is one component of an overall graphic design and not a stand alone feature of that T-shirt or poster.
Ñ Make one copy of the Stock File product when using an outside service bureau or high resolution output service. This copy is for one time useonly & must be removed from the service bureau╒s possession upon completion of the service.
With respect to the Stock Files, you may not--
Ñ Use or copy the Stock Files, or any part thereof, and/or the written materials accompanying the product except as permitted by this Agreement.
Ñ Use or permit the use of the Stock Files, or any part thereof, in or in association with fraudulent, pornographic, defamatory, immoral or illegal material.
Ñ Use or permit the use of the Stock Files, or any part thereof, as a trademark or service mark, or claim any proprietary rights of any sort in the Stock Files, or any part thereof.
Ñ Sell or distribute any Stock Files, as stock files, either alone or as part of a stock file library in any format.
Ñ Additional Rights Available. If you wish to use the Stock File images in a manner not permitted by this Agreement, please contact Image Club Graphics, a division of Adobe Systems Incorporated, for information on any additional licensing options that may be available.
2. Copyright. The Software is owned by Adobe and its suppliers, and its structure, organization and code are the valuable trade secrets of Adobe and its suppliers. The Software is also protected by United States Copyright Law and International Treaty provisions. 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. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. Except for font software converted to other formats as permitted in the ╥Use of the Software╙ section, you agree not to modify, adapt or translate the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. 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.
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 to another person or legal entity provided that you transfer this Agreement, the Software, including all copies, updates and prior versions and all copies of font software converted into other formats, and all Documentation to such person or entity and that you retain no copies, including copies stored on a computer.
4. Multiple Environment Software/Multiple Language Software/Dual Media Software/Multiple Copies/Upgrades. If this package contains, or, in connection with the acquisition of the Software contained in this package you receive, two or more operating environment versions of the Software (e.g. Macintosh ¿ and Windows ¿ ), two or more language translation versions of the Software, the same Software on two or more media (e.g., diskettes and a CD-ROM), and/or you otherwise receive two or more copies of the Software, the total aggregate number of computers on which all versions of the Software are used may not exceed the Permitted Number of Computers. You may make one back-up copy, in accordance with the terms of this Agreement, for each version of the Software you use. You may not rent, lease, sublicense, lend or transfer versions or copies of the Software you do not use, or Software contained on any unused media, except as part of the permanent transfer of all Software and Documentation as described above. If you acquire an upgrade or update for Software, you may use the previous version for ninety (90) days after you receive the new version in order to assist you in the transition to the new version, after which time you no longer have a license to use the previous version, and all copies thereof, including copies installed on computers, must be destroyed.
5. Limited Warranty. Adobe warrants to you that the Software will perform substantially in accordance with the Documentation for the ninety (90) day period following your receipt of the Software. This warranty does not apply to font software converted into other formats. To make a warranty claim, you must return the Software to the location where you obtained it along with a copy of your sales receipt within such ninety (90) day period. If the Software does not perform substantially in accordance with the Documentation, the entire and exclusive liability and remedy shall be limited to either, at Adobe's option, the replacement of the Software or the refund of the license fee you paid for the Software. ADOBE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR ADOBE'S OR ITS SUPPLIERS' BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, ADOBE AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days. This warranty gives you specific legal rights. You may have other rights which vary from state to state or jurisdiction to jurisdiction. For further warranty information, please contact Adobe╒s Customer Support Department.
6. Limitation of Liability. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitations may not apply to you.
7. Governing Law and General Provisions. This Agreement will be governed by the laws in force in the State of California excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 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 authorized officer of Adobe.
8. Notice to Government End Users. If this product is acquired under the terms of a: GSA contract- Use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract; DoD contract- Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of 252.227-7013; Civilian agency contract- Use, reproduction, or disclosure is subject to 52.227-19 (a) through (d) and restrictions set forth in the accompanying end user agreement. Unpublished-rights reserved under the copyright laws of the United States. Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA 95110-2704.
Adobe, Image Club and ICG are trademarks of Adobe Systems Incorporated. Macintosh is a registered trademark of Apple Computer, Inc. Windows is a registered trademark of Microsoft Corporation.
