linuxmafia.com 2013/2013.06.linuxmafia.com/linuxmafia.com/pub/linux/apps/licences/adobe-acrobat-5-licence

Text File | 2001-10-24 | 20KB | 343 lines

ADOBE SYSTEMS INCORPORATED

FOR ADOBE ACROBAT READER, ADOBE ACROBAT EBOOK READER AND ADOBE SVG
VIEWER SOFTWARE.

End User License Agreement

Please return any accompanying registration form to receive
registration benefits.

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, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE
CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN
SECTION 6 AND 7; AND LIABILITY IN SECTION 8.  YOU AGREE THAT THIS
AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED
BY YOU.  IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE. IF YOU
ACQUIRED THE SOFTWARE ON TANGIBLE MEDIA (e.g.  CD) WITHOUT AN
OPPORTUNITY TO REVIEW THIS LICENSE AND YOU DO NOT ACCEPT THIS
AGREEMENT, YOU MAY OBTAIN A REFUND OF ANY AMOUNT YOU ORIGINALLY PAID
IF YOU: (A) DO NOT USE THE SOFTWARE AND (B) RETURN IT, WITH PROOF OF
PAYMENT, TO THE LOCATION FROM WHICH IT WAS OBTAINED WITHIN THIRTY (30)
DAYS OF THE PURCHASE DATE.




1. Definitions. "Software" means (a) all of the contents of the files,
disk(s), CD-ROM(s) or other media with which this Agreement is
provided, including but not limited to (i) Adobe or third party
computer information or software; (ii) related explanatory written
materials or files ("Documentation"); and (iii) fonts; and (b)
upgrades, modified versions, updates, additions, and copies of the
Software, if any, licensed to you by Adobe (collectively, "Updates").
"Use" or "Using" means to access, install, download, copy or otherwise
benefit from using the functionality of the Software in accordance
with the Documentation.  "Permitted Number" means one (1) unless
otherwise indicated under a valid license (e.g. volume license)
granted by Adobe.  "Computer" means an electronic device that accepts
information in digital or similar form and manipulates it for a
specific result based on a sequence of instructions. "Adobe" means
Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue,
San Jose, California 95110, if subsection 10(a) of this Agreement
applies; otherwise it means Adobe Systems Benelux BV, Europlaza,
Hoogoorddreef 54a, 1101 BE Amsterdam ZO, the Netherlands, a company
organized under the laws of the Netherlands and an affiliate and
licensee of Adobe Systems Incorporated.

2. Software License. As long as you comply with the terms of this End
User License Agreement (this "Agreement"), Adobe grants to you a
non-exclusive license to Use the Software for the purposes described
in the Documentation. Some third party materials included in the
Software may be subject to other terms and conditions, which are
typically found in a "Read Me" file located near such materials.

2.1. General Use. You may install and Use a copy of the Software on
your compatible computer, up to the Permitted Number of computers.

2.2. Server Use and Distribution.

2.2.1. With respect to the Adobe Acrobat Reader Software only, and
subject to the terms of this Agreement, you may install one copy of
such Software on a computer file server within your internal network
for the sole and exclusive purpose of using such Software (from an
unlimited number of client computers on your internal network) via (a)
the Network File System (NFS) for UNIX versions of Acrobat Reader or
(b) Windows Terminal Services. Unless otherwise expressly permitted
hereunder, no other server or network use of the Software is
permitted, including but not limited to using the Software (i) either
directly or through commands, data or instructions from or to another
computer or (ii) for internal network, internet or web hosting
services.

2.2.2. For information on how to distribute Adobe Acrobat Reader,
Adobe Acrobat eBook Reader and Adobe SVG Viewer on tangible media or
through an internal network please refer to the sections entitled "How
to Distribute Acrobat Reader," "How to Distribute Acrobat eBook
Reader" and "How to Distribute Adobe SVG Viewer" at www.adobe.com.

2.3. Backup Copy. You may make one backup copy of the Software,
provided your backup copy is not installed or used on any computer.
You may not transfer the rights to a backup copy unless you transfer
all rights in the Software as provided under Section 4.

2.4. Home Use. You, as the primary user of the computer on which the
Software is installed, may also install the Software on one of your
home computers. However, the Software may not be used on your home
computer at the same time the Software on the primary computer is
being used.

2.5 No Modification. You may customize or extend the functionality of
the installer for the Software as specifically allowed by instructions
found at www.adobe.com or http://partners.adobe.com (e.g.,
installation of additional plug-in and help files). You may not
otherwise alter or modify the Software or create a new installer for
the Software. The Software is licensed and distributed by Adobe for
viewing, distributing and sharing PDF or SVG files. You are not
authorized to integrate or use the Software with any other software,
plug-in or enhancement which uses or relies upon the Software when
converting or transforming SVG or PDF files into other file formats
(e.g., a PDF file into a TIFF, JPEG, or SVG file, or a SVG file into a
GIF, JPEG, PDF or SWF file). You are not authorized to integrate or
use the Adobe Acrobat Reader Software with any (a) Adobe Acrobat
Reader plug-in software not developed in accordance with the Adobe
Integration Key License Agreement or (b) other software or enhancement
that uses Inter Application Communication (IAC) to programmatically
interface with Adobe Acrobat Reader for the purpose of (i) creating a
file that contains data (e.g., an XML or comments file), (ii) saving
modifications to a PDF file or (iii) rendering a PDF file in such
other software's application window.

3. Intellectual Property Rights. The Software and any copies that you
are authorized by Adobe to make are the intellectual property of and
are owned by Adobe Systems Incorporated and its suppliers. The
structure, organization and code of the Software are the valuable
trade secrets and confidential information of Adobe Systems
Incorporated and its suppliers. The Software is protected by
copyright, including without limitation by United States Copyright
Law, international treaty provisions and applicable laws in the
country in which it is being used.  You may not copy the Software,
except as set forth in Section 2 ("Software License"). 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.  Unless specifically and expressly permitted by Adobe, 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 except to the extent you
may be expressly permitted to decompile under applicable law, it is
essential to do so in order to achieve operability of the Software
with another software program, and you have first requested Adobe to
provide the information necessary to achieve such operability and
Adobe has not made such information available. Adobe has the right to
impose reasonable conditions and to request a reasonable fee before
providing such information.  Any information supplied by Adobe or
obtained by you, as permitted hereunder, may only be used by you for
the purpose described herein and may not be disclosed to any third
party or used to create any software which is substantially similar to
the expression of the Software.  Requests for information should be
directed to the Adobe Customer Support Department. Trademarks shall be
used in accordance with accepted trademark practice, including
identification of trademarks owners' names. Trademarks can only be
used to identify printed output produced by the Software and such use
of any trademark does not give you any rights of ownership in that
trademark. Except as expressly stated herein, this Agreement does not
grant you any intellectual property rights in the Software and all
rights not expressly granted herein are reserved by Adobe.

4. Transfer. You may not, rent, lease, sublicense or authorize all or
any portion of the Software to be copied onto another user's computer
except as may be expressly permitted herein. You may, however,
transfer all your rights to Use the Software to another person or
legal entity provided that: (a) you also transfer each this Agreement,
the Software and all other software or hardware bundled or
pre-installed with the Software, including all copies, Updates and
prior versions, and all copies of font software converted into other
formats, to such person or entity; (b) you retain no copies, including
backups and copies stored on a computer; and (c) the receiving party
accepts the terms and conditions of this Agreement and any other terms
and conditions upon which you legally purchased a license to the
Software.  Notwithstanding the foregoing, you may not transfer
education, pre-release, or not for resale copies of the Software.

5. Multiple Environment Software / Multiple Language Software / Dual
Media Software / Multiple Copies/ Bundles / Updates. If the Software
supports multiple platforms or languages, if you receive the Software
on multiple media, if you otherwise receive multiple copies of the
Software, or if you received the Software bundled with other software,
the total number of your computers on which all versions of the
Software are installed may not exceed the Permitted Number. You may
not, rent, lease, sublicense, lend or transfer any versions or copies
of such Software you do not Use. If the Software is an Update to a
previous version of the Software, you must possess a valid license to
such previous version in order to Use the Update. You may continue to
Use the previous version of the Software on your computer after you
receive the Update to assist you in the transition to the Update,
provided that: the Update and the previous version are installed on
the same computer; the previous version or copies thereof are not
transferred to another party or computer unless all copies of the
Update are also transferred to such party or computer; and you
acknowledge that any obligation Adobe may have to support the previous
version of the Software may be ended upon availability of the Update.

6. NO WARRANTY. The Software is being delivered to you "AS IS" and
Adobe makes no warranty as to its use or performance. 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 MATTER INCLUDING
WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS,
MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY
PARTICULAR PURPOSE.

7. Pre-release Product Additional Terms. If the product you have
received with this license is pre-commercial release or beta Software
("Pre-release Software"), then the following Section applies. To the
extent that any provision in this Section is in conflict with any
other term or condition in this Agreement, this Section shall
supercede such other term(s) and condition(s) with respect to the
Pre-release Software, but only to the extent necessary to resolve the
conflict. You acknowledge that the Software is a pre-release version,
does not represent final product from Adobe, and may contain bugs,
errors and other problems that could cause system or other failures
and data loss.  Consequently, the Pre-release Software is provided to
you "AS-IS", and Adobe disclaims any warranty or liability obligations
to you of any kind. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR
PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, ADOBE'S LIABILITY AND
THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF FIFTY DOLLARS
(U.S. $50) IN TOTAL. You acknowledge that Adobe has not promised or
guaranteed to you that Pre-release Software will be announced or made
available to anyone in the future, that Adobe has no express or
implied obligation to you to announce or introduce the Pre-release
Software and that Adobe may not introduce a product similar to or
compatible with the Pre-release Software. Accordingly, you acknowledge
that any research or development that you perform regarding the
Pre-release Software or any product associated with the Pre-release
Software is done entirely at your own risk. During the term of this
Agreement, if requested by Adobe, you will provide feedback to Adobe
regarding testing and use of the Pre-release Software, including error
or bug reports. If you have been provided the Pre-release Software
pursuant to a separate written agreement, such as the Adobe Systems
Incorporated Serial Agreement for Unreleased Products, your use of the
Software is also governed by such agreement. You agree that you may
not and certify that you will not sublicense, lease, loan, rent, or
transfer the Pre-release Software. Upon receipt of a later unreleased
version of the Pre-release Software or release by Adobe of a publicly
released commercial version of the Software, whether as a stand-alone
product or as part of a larger product, you agree to return or destroy
all earlier Pre-release Software received from Adobe and to abide by
the terms of the End User License Agreement for any such later
versions of the Pre-release Software.  Notwithstanding anything in
this Section to the contrary, if you are located outside the United
States of America, you agree that you will return or destroy all
unreleased versions of the Pre-release Software within thirty (30)
days of the completion of your testing of the Software when such date
is earlier than the date for Adobe's first commercial shipment of the
publicly released (commercial) Software.

8. 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, IF ANY. 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.  For further information, please see the jurisdiction
specific information at the end of this Agreement, if any, or contact
Adobe's Customer Support Department.

9. Export Rules. 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 (collectively the "Export
Laws"). In addition, if the Software is identified as export
controlled items under 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.

10. Governing Law. This Agreement will be governed by and construed in
accordance with the substantive laws in force: (a) in the State of
California, if a license to the Software is obtained when you are in
the United States, Canada, or Mexico; or (b) in Japan, if a license to
the Software is obtained when you are in Japan, China, Korea, or other
Southeast Asian country where all official languages are written in
either an ideographic script (e.g., hanzi, kanji, or hanja), and/or
other script based upon or similar in structure to an ideographic
script, such as hangul or kana; or (c) the Netherlands, if a license
to the Software is purchased when you are in any other jurisdiction
not described above. The respective courts of Santa Clara County,
California when California law applies, Tokyo District Court in Japan,
when Japanese law applies, and the courts of Amsterdam, the
Netherlands, when the law of the Netherlands applies, shall each have
non-exclusive jurisdiction over all disputes relating to this
Agreement.  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.

11. General Provisions. 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.  This Agreement shall not prejudice the statutory rights of
any party dealing as a consumer. This Agreement may only be modified
by a writing signed by an authorized officer of Adobe. Updates may be
licensed to you by Adobe with additional or different terms. This is
the entire agreement between Adobe and you relating to the Software
and it supersedes any prior representations, discussions,
undertakings, communications or advertising relating to the Software.

12. Notice to U.S. 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 (a) only as Commercial Items and (b) 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. For U.S.  Government End Users,
Adobe agrees to comply with all applicable equal opportunity laws
including, if appropriate, the provisions of Executive Order 11246, as
amended, Section 402 of the Vietnam Era Veterans Readjustment
Assistance Act of 1974 (38 USC 4212), and Section 503 of the
Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR
Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action
clause and regulations contained in the preceding sentence shall be
incorporated by reference in this Agreement.

13. Compliance with Licenses. If you are a business or organization,
you agree that upon request from Adobe or Adobe's authorized
representative, you will within thirty (30) days fully document and
certify that use of any and all Software at the time of the request is
in conformity with your valid licenses from Adobe.

If you have any questions regarding this Agreement or if you wish to
request any information from Adobe please use the address and contact
information included with this product to contact the Adobe office
serving your jurisdiction.

 Adobe, Acrobat, Acrobat Reader and Acrobat eBook Reader are either
registered trademarks or trademarks of Adobe Systems Incorporated in
the United States and/or other countries.

SVGReader_WWEULA_English_08.09.01.14:54