Adobe and its suppliers own all intellectual property in the Software. Adobe permits you to Use the Software only in accordance with the terms of this Agreement. Use of some third party materials included in the Software may be subject to other terms and conditions typically found in a separate license agreement, a “Read Me” file located near such materials or in the “Third Party Software Notices and/or Additional Terms and Conditions” found at http://www.adobe.com/go/thirdparty .
1. Definitions. „Software“ means (a) aall of the contents of the files (provided either by electronic download, on physical media or any other method of distribution), 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, including the Adobe Reader® („Adobe Reader“), Adobe Flash® Player, Shockwave® Player and Authorware® Player (collectively, the Flash, Shockwave and Authorware players, are the „Web Players“); (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 tthe 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 9(a) of this Agreement applies; otherwise it means Adobe Systems Software Ireland Limited, Unit 3100, Lake Drive, City West Campus, Saggart D24, Republic of Ireland, a company organized under the laws of Ireland and an affiliate and licensee of Adobe Systems Incorporated.
2. Software License. If you obtained the Software from Adobe or oone of its authorized licensees, and subject to your compliance with the terms of this agreement (this „Agreement“), including the restrictions in Setion 3, Adobe grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation as follows.
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. The Software may not be shared, installed or used concurrently on different ccomputers. See Section 3 for important restrictions on the Use of Adobe Reader and Web Players.
2.2 Server Use and Distribution.
2.2.1 You may install one copy of the Adobe Reader on a computer file server within your internal network for the sole and exclusive purpose of (a) using the Software (from an unlimited number of client computers on your internal network) via (i) the Network File System (NFS) for UNIX versions of the Software or (ii) Windows Terminal Services and (b) allowing for printing within your internal network. Unless otherwise expressly permitted hereunder, no other server or network use of the Software is permitted, including but not limited to use of 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 the Software on tangible media or through an internal network please refer to the sections entitled „How to Distribute Adobe Reader“ at http://www.adobe.com/products/acrobat/distribute.html ; or „Distribute Macromedia Web Players“ at http://www.adobe.com/licensing .
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 mmay not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under Section 4.
2.4 Portable or Home Computer Use. If and only if the Software is Adobe Reader, in addition to the single copy permitted under Sections 2.1 and 2.2, the primary user of the Computer on which the Software is installed may make a second copy of the Software for his or her exclusive Use on either a portable Computer or a Computer located at his or her home, provided the Software on the portable or home Computer is not used at the same time as the Software on the primary computer.
2.5 No Modification.
2.5.1 You may not modify, adapt, translate or create derivative works based upon the Software. You may not 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. AAdobe has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any such information supplied by Adobe and any information obtained by you by such permitted decompilation 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.
2.5.2 As an exception to the above, you may customize or extend the functionality of the installer for the Adobe Reader as specifically allowed by instructions found at http://www.adobe.com/support or http :// www .adobe .com /go /reader _developer (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 Adobe Reader is licensed and distributed by Adobe for viewing, distributing and sharing PDF files.
2.6 Third Party Website Access. The Software may allow you to access third party websites („Third Party Sites“). Your access to and use of any Third Party Sites, including any goods, services or information made available from such sites, is
governed by the terms and conditions found at each Third Party Site, if any. Third Party Sites are not owned or operated by Adobe. YOUR USE OF THIRD PARTY SITES IS AT YOUR OWN RISK. ADOBE MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FFITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE THIRD PARTY SITES.
2.7 Certified Documents.
2.7.1 Certified Documents and CD Services. The Software may allow you to validate Certified Documents. A „Certified Document“ or “CD” is a PDF file that has been digitally signed using (a) a certificate and (b) a “private” encryption key that corresponds to the “public” key in the certificate. Validation of a CD requires CD Services from the CD Service Provider that issued the certificate. “CD Service Provider” iis an independent third party service vendor listed at http://www.adobe.com/security/partners_cds.html . “CD Services” are services provided by CD Service Providers, including without limitation (i) certificates issued by such CD Service Provider for use with the Software’s CD feature set, (ii) sservices related to issuance of certificates, and (iii) other services related to certificates, including without limitation verification services.
2.7.2 CD Service Providers. Although the Software may provide validation features, Adobe does not supply the necessary CD Services required to use these features. Purchasing, availability and responsibility for the CD Services are between you and the CD Service Provider. Before you rely upon any CD, any digital signature applied thereto, and/or any related CD Services, you must first review and agree to the applicable Issuer Statement and this Agreement. “Issuer Statement” means the terms and conditions under which each CD Service Provider offers CD Services (see the links on http://www.adobe.com/security/partners_cds.html ), including for example any subscriber agreements, relying party agreements, certificate policies aand practice statements, and Section 2.7 of this Agreement. By validating a CD using CD Services, you acknowledge and agree that (a) the certificate used to digitally sign a CD may be revoked at the time of verification, making the digital signature on the CD appear valid when in fact it is not, (b) the security or integrity of a CD may be compromised due to an act or omission by the signer of the CD, the applicable CD Service PProvider, or any other third party and (c) you must read, understand, and be bound by the applicable Issuer Statement.
2.7.3 Warranty Disclaimer. CD Service Providers offer CD Services solely in accordance with the applicable Issuer Statement. ACCESS TO THE CD SERVICES THROUGH THE USE OF THE SOFTWARE IS MADE AVAILABLE ON AN “AS IS” BASIS ONLY AND WITHOUT ANY WARRANTY OR INDEMNITY OF ANY KIND (EXCEPT AS SUPPLIED BY A CD SERVICES PROVIDER IN ITS ISSUER STATEMENT). ADOBE AND EACH CD SERVICE PROVIDER (EXCEPT AS EXPRESSLY PROVIDED IN ITS ISSUER STATEMENT) MAKE NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE CD SERVICES.
2.7.4 Indemnity. You agree to hold Adobe and any applicable CD Service Provider (except as expressly provided in its Issuer Statement) harmless from any and all liabilities, losses, actions, damages, or claims (including all reasonable expenses, costs, and attorneys fees) arising out of or relating to any use of, or reliance on, any CD Service, iincluding, without limitation (a) reliance on an expired or revoked certificate, (b) improper verification of a certificate, (c) use of a certificate other than as permitted by any applicable Issuer Statement, this Agreement or applicable law; (d) failure to exercise reasonable judgment under the circumstances in relying on the CD Services or (e) failure to perform any of the obligations as required in an applicable Issuer Statement.
2.7.5 Limit of Liability. UNDER NO CIRCUMSTANCES WILL ADOBE OR ANY CD SERVICE PROVIDER (EXCEPT AS EXPRESSLY SET FORTH IN ITS ISSUER STATEMENT) BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY, FOR ANY LOSS OF USE, REVENUE OR PROFIT, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO YOUR USE OR RELIANCE UPON CD SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. THIS LIMITATION SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIALTERMS OF THIS AGREEMENT.
2.7.6 Third Party Beneficiaries. You agree that any CD Service Provider you utilize shall be a third party beneficiary with respect tto this Section 2.7 of this Agreement, and that such CD Service Provider shall have the right to enforce such provisions in its own name as if the CD Service Provider were Adobe.
3. Restrictions.
3.1 Web Player Prohibited Devices. You may not Use any Web Player on any non-PC device or with any embedded or device version of any operating system. For the avoidance of doubt, and by example only, you may not use a Web Player on any (a) mobile devices, set top boxes (STB), handhelds, phones, web pads, tablets and Tablet PCs that are not running Windows XP Tablet PC Edition, game consoles, TVs, DVD players, media centers (excluding Windows XP Media Center Edition and its successors), electronic billboards or other digital signage, internet appliances or other internet-connected devices, PDAs, medical devices, ATMs, telematic devices, gaming machines, home automation systems, kiosks, remote control devices, or any other consumer electronics device, (b) operator-based mobile, cable, satellite, or television systems or (c) other closed system devices.
3.2 Notices. You shall not copy the Software except as set forth in Section 2. Any copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or
in the Software.
3.3 Document Features. The Software may contain features and functionality (the “Document Features”) that appear disabled or “grayed out.” These Document Features will only activate when opening a PDF document that was created using corresponding enabling technology available only from Adobe (“Keys”). You agree not to access, or attempt to access, disabled Document Features or otherwise circumvent the permissions that control activation of such Document Features. You may only use the Document Features with PDF documents that hhave been enabled using Keys obtained under a valid license from Adobe. No other use is permitted.
3.4 Adobe Reader Restrictions. You are not authorized to integrate or use the Adobe Reader with any other software, plug-in or enhancement that uses or relies upon the the Adobe Reader when converting or transforming PDF files into other file formats (e.g., a PDF file into a TIFF, JPEG, or SVG file). You are not authorized to integrate or use the Adobe Reader with aany plug-in software not developed in accordance with the Adobe Integration Key License Agreement. Further, you are not permitted to integrate or use the Adobe Reader with other software, or access PDF files that contain instructions (e.g., JavaScript), in order tto (a) save data locally (on the same Computer), (b) create a file that contains data (e.g., an XML or comments file) or (c) save modifications to a PDF file, except when such saving or creation is allowed through the use of Document Feature(s) enabled by Adobe.
4. Transfer. You may not rent, lease, sublicense, assign or transfer your rights in the Software, 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 (i) this Agreement, and (ii) the Software and all other software or hhardware bundled or pre-installed with the Software, including all copies, Updates and prior versions, 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.
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