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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
-
-