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license.txt
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1996-10-22
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Image Club Graphics
End User License Agreement
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:
* 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.
* 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.
* 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:
* 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.
* 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.
* 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.
* 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:
* Use the Stock Files as described above on the Permitted Number of
Computers.
* Use the Stock Files for illustrative or decorative purposes for printed
communication (e.g., advertisements, publications, newspapers, brochures,
reports and newsletters).
* 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).
* 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.
* 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 use
only & must be removed from the service bureau's possession upon
completion of the service.
With respect to the Stock Files, you may not:
* Use or copy the Stock Files, or any part thereof, and/or the written
materials accompanying the product except as permitted by this Agreement.
* 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.
* 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.
* Sell or distribute any Stock Files, as stock files, either alone or as
part of a stock file library in any format.
* 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(R) and Windows(R)), 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.
9/3/96
Image Club Graphics End User License Agreement