END USER LICENSE AGREEMENT FOR ADOBE PRINTER DRIVER
NOTICE TO USER: BY INSTALLING THIS SOFTWARE PACKAGE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. If you do not agree with the terms and conditions of this Agreement, terminate the installation procedure and remove all of the software package’s files from this system.
This software package contains Adobe Printer Driver Software ("Software") and related documentation. In return for acquiring a license to use the Software and documentation, you agree to the following terms and conditions:
1. Scope of Use. You may use the Software on any number of printers containing PostScript‚Ñ¢ software from Adobe and an unlimited number of CPUs.
2. Proprietary Rights and Obligations. The structure and organization of the Software are the valuable property of Adobe. You agree that any copies made of the Software shall contain the same proprietary notices which appear on and in the Software. You agree not to alter, reverse engineer or disassemble the Software.
3. Assignment. You may assign your rights under this Agreement to a third party who agrees in writing to be bound by this Agreement prior to the assignment provided that you transfer all copies of the Software and related documentation to the third party or destroy any copies not transferred. Except as set forth above, you may not assign your rights under this Agreement. 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.
4. No Other Rights. Title to and ownership of the Software and documentation and any reproductions thereof shall remain with Adobe. Except as stated above, this Agreement does not grant you any right (whether by license, ownership or otherwise) in or to intellectual property with respect to the Software.
5. Term. This license is effective until terminated. Adobe has the right to terminate your license immediately if you fail to comply with any term of this Agreement. Upon any such termination you will destroy the original and any copies of the Software and related documentation.
6. Warranty. ADOBE MAKES NO WARRANTIES, EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO ANY MATTER WHATSOEVER. IN PARTICULAR, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS ARE EXPRESSLY EXCLUDED.
7. Limit of Liability. (a) IN NO EVENT WILL ADOBE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, OR FOR ANY CLAIM BY ANY PARTY, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (b) Some states or provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
8. Governing Law. This Agreement will be governed by the laws in force in the State of California excluding the application of its conflicts of laws 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.
9. Entire Agreement. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF YOUR AGREEMENT WITH ADOBE WHICH SUPERSEDES ANY PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN ADOBE AND YOU RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT, AND YOUR OBLIGATIONS UNDER THIS AGREEMENT SHALL INURE TO THE BENEFIT OF YOUR LICENSORS WHOSE RIGHTS ARE LICENSED UNDER THIS AGREEMENT. NO VARIATION OF THE TERMS OF THIS AGREEMENT WILL BE ENFORCEABLE AGAINST ADOBE UNLESS ADOBE GIVES ITS EXPRESS CONSENT IN WRITING SIGNED BY AN OFFICER OF ADOBE.
10. Government End Users. If this product is acquired under the terms of a: GSA contract: Use, reproduction or disclosure 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.
