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Computer Buyer 1996 May
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eng_lic.txt
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1995-12-06
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Adobe Systems Incorporated
Electronic End User License Agreement FOR UNRELEASED SOFTWARE
NOTICE TO USER:
THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE
TERMS AND CONDITIONS OF THIS AGREEMENT.
This Adobe Systems Incorporated ("Adobe") End User License Agreement for Unreleased
Software accompanies an unreleased (Alpha or Beta) version of an Adobe software
product and related explanatory materials ("Software"). The term "Software" shall
also include any upgrades, modified versions or updates of the Software licensed to
you by Adobe. This copy of the Software is licensed to you as the end user. Please
read this Agreement carefully.
Adobe grants to you a nonexclusive license to use the Software for evaluation and
trial use purposes only, provided that youagree 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; install and use the Software on a file server for use on a network for the
purpose of installation onto hard disks or other storage devices or use of the
Software over such network; and make backup copies of the Software.
You may make unlimited copies of the Software and give copies to other persons or
entities so long as (i) the use of such copies is for evaluation and trial purposes
only and (ii) al copies contain this Agreement and the same copyright and other
proprietary notices that appear on or in the Software.
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 agree not to modify, adapt, translate,reverse engineer, decompile, disassemble or
otherwise attempt to discover the source code of the Software. You may use trademarks
only to identify printed output produced by the Software, in accordance with accepted
trademark practice, including identification of trademark owner's name. 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. Cooperation with Adobe.
During the term of this Agreement,you will provide feedback to Adobe regarding testing
and use of the Software, including error or bug reports.
4. No Warranty.
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 failures. Consequently, the Software is provided to you "AS IS", and Adobe
disclaims any warranty or liability obligations to you of any kind. You acknowledge
that Adobe has not promised or guaranteed to you that such 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 Software and that Adobe may not
introduce a product similar or compatible with the Software. Accordingly, you
acknowledge that any research or development that you perform regarding the Software
or any product associated with the Software is done entirely at your own risk.
ADOBE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR
RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. ADOBE
AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO
NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR
ANY PARTICULAR PURPOSE. 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, or the exclusion of implied warranties or limitations
on how long an implied warranty may last, so the above limitations may not apply to you.
5. Termination of Use.
Upon receipt of a later unreleased version ofthe Software or a publicly released
commercial version of the Software you agree to destroy all earlier unreleased
versions of the Software received from Adobe and to abide by the terms
of the End User License Agreement for any such later versions of the Software.
Notwithstanding anything in this paragraph 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 Software within thirty (30) days of the completion of
your testing of the Software if such date is earlier than the date for Adobe's first
commercial shipment of the publicly released (commercial) Software.
5. Governing Law and General Provisions.
This Agreement will be governed by the laws of the State of California, U.S.A.,
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.
6. 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, 1585 Charleston Road,
P.O. Box 7900, Mountain View, CA 94039-7900.
Adobe is a trademark of Adobe Systems Incorporated which may be registered in certain
jurisdictions.
TO ACCEPT THIS AGREEMENT, PRESS ACCEPT TO INSTALL.
TO DECLINE THIS AGREEMENT, PRESS DO NOT ACCEPT TO QUIT AND YOU WILL
NOT BE ABLE TO USE THE SOFTWARE.