1 End User License Agreement
3 ADOBE SOFTWARE END USER LICENSE AGREEMENT
5 IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A
6 LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED
7 OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND ADOBE.
8 READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND
9 USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND
10 CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY SELECTING
11 THE DOWNLOAD OR INSTALL NOW BUTTON AND/OR USING THE SOFTWARE, YOU
12 ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO
13 BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE
14 TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL OR USE THE SOFTWARE.
18 1. "Authorized Operating Systems" means the desktop and
19 standard-laptop versions of the following operating systems:
20 1. Microsoft Windows operating systems (including desktop
21 and standard-laptop PC versions of Windows 95, 98, 2000,
22 NT, ME, XP Home, XP Professional, and XP Tablet PC
23 Edition, but specifically excluding Windows XP
24 Embedded, Windows XP Media Center Edition, and
26 2. Macintosh operating systems;
27 3. Linux operating systems, but specifically excluding
28 any embedded version of Linux; and
29 4. Solaris operating systems.
30 2. "Adobe" means Adobe Systems Incorporated and its licensors, if any.
31 3. "Software" means only the Macromedia® Flash® Player,
32 Macromedia® Shockwave® Player, or Macromedia® Authorware®
33 Player and third party software programs, in each case,
34 supplied by Adobe therewith, and corresponding documentation,
35 associated media, printed materials, and online or electronic
36 documentation, and all updates or upgrades of the above
37 that are provided to you.
39 For the avoidance of doubt, no embedded or device versions of
40 the above operating systems, or any other operating systems,
41 are included as Authorized Operating Systems.
45 1. You may install and use the Software on a single desktop
46 or laptop computer that runs an Authorized Operating System.
47 A license for the Software may not be shared, installed
48 or used concurrently on different computers.
49 2. You agree that Adobe may audit your use of the Software
50 for compliance with these terms at any time, upon reasonable
51 notice. In the event that such audit reveals any use of
52 the Software by you other than in full compliance with
53 the terms of this Agreement, you shall reimburse Adobe
54 for all reasonable expenses related to such audit in
55 addition to any other liabilities you may incur as a result
56 of such non-compliance.
58 Certain rights are not granted under this Agreement, but may
59 be available under a separate agreement. If you would like to
60 enter into a distribution agreement or learn of other licensing
61 strategies, please go to: http://www.macromedia.com/licensing/.
63 3. License Restrictions
65 1. You may not use the Software on any non-PC product or any
66 embedded or device versions of the above operating systems,
67 including, but not limited to, (A) mobile devices, set
68 top boxes (STB), handhelds, phones, web pads, tablets and
69 Tablet PCs that are not running Windows XP Tablet PC
70 Edition, game consoles, TVs, DVD players, media centers
71 (including Windows XP Media Center Edition and its
72 successors), electronic billboards or other digital signage,
73 internet appliances or other internet-connected devices,
74 PDAs, medical devices, ATMs, telematic devices, gaming
75 machines, home automation systems, kiosks, remote control
76 devices, or any other consumer electronics device, (B)
77 operator-based mobile, cable, satellite, or television
78 systems, (C) other closed system devices, or (D) any
79 operating system that is not an Authorized Operating
81 2. You may not make or distribute copies of the Software, or
82 electronically transfer the Software from one computer to
83 another or over a network.
84 3. You may not alter, merge, modify, adapt or translate the
85 Software, or decompile, reverse engineer, disassemble, or
86 otherwise reduce the Software to a human-perceivable form.
87 4. You may not sell, rent, lease, or sublicense the Software.
88 5. You may not modify the Software or create derivative works
89 based upon the Software.
90 6. You may not export the Software into any country prohibited
91 by the United States Export Administration Act and the
92 regulations thereunder.
93 7. In the event that you fail to comply with this EULA, Adobe
94 may terminate the license and you must destroy all copies of
95 the Software (with all other rights of both parties and
96 all other provisions of this EULA surviving any such
98 8. You shall not use the Software to develop any software or
99 other technology having the same primary function as the
100 Software, including but not limited to using the Software
101 in any development or test procedure that seeks to develop
102 like software or other technology, or to determine if such
103 software or other technology performs in a similar manner
108 The foregoing license gives you limited license to use the
109 Software. Adobe and its suppliers retain all right, title and
110 interest, including all copyright and intellectual property
111 rights, in and to, the Software and all copies thereof. All
112 rights not specifically granted in this EULA, including Federal
113 and International Copyrights, are reserved by Adobe and its
116 5. WARRANTY DISCLAIMER
118 1. THE SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE, AND ON
119 AN "AS-IS" BASIS. ADOBE PROVIDES NO TECHNICAL SUPPORT,
120 WARRANTIES OR REMEDIES FOR THE SOFTWARE.
121 2. ADOBE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND
122 REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE,
123 INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS
124 FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF
125 NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. ADOBE DOES
126 NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL
127 OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES
128 REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED
129 ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE SOFTWARE IS
130 NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS
131 ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING
132 WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE
133 OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION
134 OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE
135 SUPPORT OR WEAPONS SYSTEMS. ADOBE SPECIFICALLY DISCLAIMS
136 ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH
138 3. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT
139 TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION
140 TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
141 4. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ADOBE,
142 ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE
143 A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY
145 5. (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF
146 IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
147 YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND
148 YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE
150 6. ADOBE SHALL HAVE NO RESPONSIBILITY IF THE SOFTWARE HAS
151 BEEN ALTERED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES OUT
152 OF USE OF THE SOFTWARE WITH OTHER THAN A RECOMMENDED
153 HARDWARE CONFIGURATION, PLATFORM OR OPERATING SYSTEM.
155 6. LIMITATION OF LIABILITY
157 1. NEITHER ADOBE NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU
158 OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
159 PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
160 NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT
161 OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS
162 INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR
163 INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY
164 OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF
165 WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
166 OR OTHERWISE, EVEN IF ADOBE OR ITS REPRESENTATIVES HAVE
167 BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN
168 IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF
169 ITS ESSENTIAL PURPOSE.
170 2. ADOBE'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR
171 ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $10
172 OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED
174 3. (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR
175 EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL
176 DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
177 APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS
178 THAT VARY FROM STATE TO STATE.
179 4. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO
180 APPLY TO ALL ASPECTS OF THIS EULA.
184 The Warranty Disclaimer and Limited Liability set forth above
185 are fundamental elements of the basis of the agreement between
186 Adobe and you. Adobe would not be able to provide the Software
187 on an economic basis without such limitations. Such Warranty
188 Disclaimer and Limited Liability inure to the benefit of Adobe's
191 8. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
193 This Software and the documentation are provided with "RESTRICTED
194 RIGHTS" applicable to private and public licenses alike. Without
195 limiting the foregoing, use, duplication, or disclosure by the
196 US Government is subject to restrictions as set forth in this
197 EULA and as provided in DFARS 227.7202-1(a) and 227.7202-3(a)
198 (1995), DFARS 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995),
199 FAR 52.227-19, or FAR 52.227-14, as applicable. Manufacturer:
200 Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA 95110.
202 9. (Outside of the USA) Consumer End Users Only
204 The limitations or exclusions of warranties and liability
205 contained in this EULA do not affect or prejudice the statutory
206 rights of a consumer, i.e., a person acquiring goods otherwise
207 than in the course of a business.
209 The limitations or exclusions of warranties, remedies or
210 liability contained in this EULA shall apply to you only to
211 the extent such limitations or exclusions are permitted under
212 the laws of the jurisdiction where you are located.
214 10. Third Party Software
216 The Software may contain third party software which requires
217 notices and/or additional terms and conditions. Such required
218 third party software notices and/or additional terms and
219 conditions are located at www.macromedia.com/go/thirdparty/
220 and are made a part of and incorporated by reference into this
221 EULA. By accepting this EULA, you are also accepting the
222 additional terms and conditions, if any, set forth therein.
226 This EULA shall be governed by the internal laws of the State
227 of California, without giving effect to principles of conflict
228 of laws. You hereby consent to the exclusive jurisdiction and
229 venue of the state courts sitting in San Francisco County,
230 California or the federal courts in the Northern District of
231 California to resolve any disputes arising under this EULA. In
232 each case this EULA shall be construed and enforced without
233 regard to the United Nations Convention on the International
236 This EULA contains the complete agreement between the parties
237 with respect to the subject matter hereof, and supersedes all
238 prior or contemporaneous agreements or understandings, whether
239 oral or written. You agree that any varying or additional terms
240 contained in any purchase order or other written notification
241 or document issued by you in relation to the Software licensed
242 hereunder shall be of no effect. The failure or delay of Adobe
243 to exercise any of its rights under this EULA or upon any breach
244 of this EULA shall not be deemed a waiver of those rights or
247 No Adobe dealer, agent or employee is authorized to make any
248 amendment to this EULA.<
250 If any provision of this EULA shall be held by a court of
251 competent jurisdiction to be contrary to law, that provision
252 will be enforced to the maximum extent permissible, and the
253 remaining provisions of this EULA will remain in full force
256 All questions concerning this EULA shall be directed to: Adobe
257 Systems Incorporated, 345 Park Avenue, San Jose, CA 95110,
258 Attention: General Counsel.
260 Adobe and other trademarks contained in the Software are
261 trademarks or registered trademarks of Adobe Systems Incorporated
262 in the United States and/or other countries. Third party
263 trademarks, trade names, product names and logos may be the
264 trademarks or registered trademarks of their respective owners.
265 You may not remove or alter any trademark, trade names, product
266 names, logo, copyright or other proprietary notices, legends,
267 symbols or labels in the Software. This EULA does not authorize
268 you to use Adobe's or its licensors' names or any of their
269 respective trademarks.