PLEASE RETURN ANY ACCOMPANYING REGISTRATION FORM TO RECEIVE REGISTRATION BENEFITS
NOTICE TO USER: THIS IS A CONTRACT BETWEEN YOU AND ADOBE SYSTEMS ("ADOBE"), A COMPANY INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE, U.S.A. BY INDICATING YOUR ACCEPTANCE BELOW, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. This Adobe Systems Incorporated End User Licence Agreement accompanies an Adobe« software product ("Software") and related explanatory materials ("Documentation"). The term "Software" shall also include any upgrades, modified versions, updates, additions and copies of the Software licensed to you by Adobe. You must read this Agreement carefully before indicating your acceptance at the end of the text of this Agreement. If you do not agree with the terms and conditions of this Agreement, decline where instructed, and you will not be able to use the Software. You should then return this Software, together with all the packaging, to Adobe or the location where you obtained it.
This is a licence agreement and not an agreement for sale. Adobe continues to own the copy of the Software and the physical media contained in this package and any other copy that you are authorised to make pursuant to this Agreement. Adobe grants to you a non-exclusive licence to use the Software and Documentation, provided that you agree to the following:
1. Use of the Software.
1.1. You may install the Software in a single location on a hard disk or other storage device of up to the number of computers indicated in the upper left hand corner ("Permitted Number of Computers") of this Agreement.
1.2. Provided the Software is configured for network use, you may install and use the Software on a single file server for use on a single local area network for either (but not both) of the following purposes:
(a) permanent installation onto a hard disk or other storage device of up to the Permitted Number of Computers; or
(b) use of the Software over such network, provided the number of different computers on which the Software is used does not exceed the Permitted Number of Computers. For example, if there are 100 computers connected to the server, with no more than 15 computers ever using the Software concurrently, but the Software will be used on 25 different computers at various times, the Permitted Number of Computers for which you need a licence is 25.
1.3. You may display, modify, reproduce and distribute any photographs,clip art or other artistic works, in whole or in part, that are included with the Software (unless a specific notice indicates to the contrary), provided such photographs, clip art or artistic works are not distributed on a stand-alone basis. Such photographs, clip art and artistic works may not be used in the production of lewd, obscene or pornographic material.
1.4. You may make one backup copy of the Software, in accordance with the provisions of the European Communities (Legal Protection of Computer Programs) Regulations, 1993, provided your backup copy is not installed or used on any computer.
1.5. HOME USE. The primary user of each computer on which the Software is installed or used may also install the Software on one home or portable computer. However, the Software may not be used on the secondary computer by another person at the same time the Software on the primary computer is being used.
1.6. FONT SOFTWARE. If the Software includes font software, you may--
(a) Use the font software as described above on the Permitted Number of Computers and output such font software on any output devices connected to such computers.
(b) If the Number of Permitted Computers is five or fewer, download the font software to the memory (hard disk or RAM) of one output device connected to at least one of such computers for the purpose of having such font software remain resident in the output device, and of one additional such output device for every multiple of five represented by the Number of Permitted Computers.
(c) Take a copy of the font(s) you have used for a particular file to a commercial printer or other service bureau, and such service bureau may use the font(s) to process your file, provided such service bureau has informed you that it has purchased or been granted a licence to use that particular font software.
(d) Convert and install the font software into another format for use in other environments, subject to the following conditions: A computer on which the converted font software is used or installed shall be considered as one of your Permitted Number of Computers. You agree that use of the font software you have converted shall be pursuant to all the terms and conditions of this Agreement, that such font software may be used only for your own customary internal business or personal use and that such font software may not be distributed or transferred for any purpose, except in accordance with Paragraph 3 below.
2. Copyright. The Software is the intellectual property of Adobe and its suppliers and is protected by United States copyright law, international treaty provisions, and applicable laws of the country in which it is being used. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Adobe and its suppliers. Therefore you must treat the Software just as you would any other copyrighted material, such as a book. You may not copy the Software or the Documentation except as set forth in the "Use of the Software" section. 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. Except for font software converted to other formats as permitted in the "Use of the Software" section, you agree not to modify, adapt or translate the Software except as permitted under the European Communities (Legal Protection of Computer Programs) Regulations, 1993 (the "Regulations") in order to render the Software interoperable with other independently created software and any such act must be restricted to the portions of the Software which are necessary to achieve interoperability as stated. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except as permitted under the Regulations in order to render the Software interoperable with other independently created software and any such act must be restricted to the portions of the Software which are necessary to achieve interoperability as stated. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owner's name. Trademarks can only be used to identify printed output produced by the Software. 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.
If it is necessary for you to decompile the Software in order to obtain information necessary in order to render the Software interoperable with other independently created software in accordance with the Regulations, as stated above, you may first request Adobe to provide such information. Adobe has the right to impose reasonable conditions such as a reasonable fee for providing such information. Requests for information can be directed to Customer Support Department, Adobe Systems Europe Limited, Adobe House, Mid New Cultins, Edinburgh, Scotland EH11á4DU, United Kingdom, telefax +44-(0)131-453-4422.
3. Transfer. You may not rent, lease, sublicense or lend the Software or Documentation. You may, however, transfer all your rights to use the Software and Documentation to another person or legal entity provided that (i) you transfer this Agreement, the Software, including all copies, updates and prior versions and all copies of font software converted into other formats, and the Documentation to such person or entity, (ii) you retain no copies, including copies stored on a computer, and (iii) that the receiving party agrees to be bound by the terms and conditions of this Agreement.
4. Multiple Environment Software/Multiple Language Software/Dual Media Software/Multiple Copies/Upgrades. If this package contains, or, if in connection with the acquisition of the Software contained in this package you receive, two or more operating environment versions of the Software (e.g. Macintosh and Windows«), two or more language translation versions of the Software, the same Software on two or more media (e.g., diskettes and a CD-ROM), and/or you otherwise receive two or more copies of the Software, the total aggregate number of computers on which all versions of the Software are used may not exceed the Permitted Number of Computers. You may make one back-up copy, in accordance with the terms of this Agreement, for each version of the Software you use. You may not rent, lease, sublicense, lend or transfer versions or copies of the Software you do not use, or Software contained on any unused media, except as part of the permanent transfer of all Software and Documentation as described above.
If you acquire an upgrade or update for the Software, you may use the previous version for ninety (90) days after you receive the new version in order to assist you in the transition to the new version, after which time you no longer have a licence to use the previous version.
5. Limited Warranty. Adobe warrants to you that the Software will perform substantially in accordance with the Documentation for the ninety (90) day period following your receipt of the Software. This warranty does not apply to font software converted into other formats. To make a warranty claim, you must return the Software to the location where you obtained it along with a copy of your sales receipt within such ninety (90) day period. If the Software does not perform substantially in accordance with the Documentation, the entire and exclusive liability of Adobe and its suppliers, and your exclusive remedy shall be limited to either, at Adobe's option, the replacement of the Software or the refund of the licence fee you paid for the Software.
ADOBE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR ADOBE'S OR ITS SUPPLIERS' BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY WHICH CANNOT BE EXCLUDED BY COMPULSORY LAW, ADOBE AND ITS SUPPLIERS MAKE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY APPLICABLE LAW IN IRELAND, IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED, BUT IT MAY BE LIMITED, ADOBE'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE.
The contractual rights which you enjoy by virtue of Section 12, 13, 14 and 15 of the Sale of Goods Act, 1893 (as amended) are in no way prejudiced by anything contained in this Agreement save (if you are not dealing as a consumer or in the case of an international sale of goods) to the extent permitted by law.
Section 39 of the Sale of Goods and Supply of Services Act, 1980 is hereby excluded with respect to the supply of the Software. The contractual rights which you enjoy by virtue of the provisions of Section 39 of the Sale of Goods and Supply of Services Act, 1980 are in no way prejudiced by anything contained in these terms and conditions save to the extent permitted by law.
Adobe is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or restricting obligations, warranties and liability in this paragraph 5, but in no other respects and for no other purpose.
6. Governing Law and General Provisions. This Agreement is governed by Irish law and you submit to the jurisdiction of the Irish courts in relation to any matter or dispute arising hereunder.
This is the entire agreement between Adobe and you relating to the Software and the Documentation and it supersedes any prior representations, discussions, undertakings, end user licence agreements, communications or advertising relating to the Software and the Documentation. 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.
7. Notice to United States 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 (i) only as "Commercial Items" and (ii) 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, U.S.A.
For your future reference a copy of this End User Licence Agreement will be accessible after you install the Software. If you have any questions regarding this agreement or if you wish to request any information from Adobe, please use the address information enclosed in this product to contact the local Adobe subsidiary serving your country or write to Customer Support Department, Adobe Systems Europe Limited, Adobe House, Mid New Cultins, Edinburgh, Scotland EH11 4DU, United Kingdom, telefax +44-(0)131-453-4422.
Adobe is a trademark of Adobe Systems Incorporated. Macintosh is a registered trademark of Apple Computer, Inc. Windows is a registered trademark of Microsoft Corporation.
PLEASE INDICATE YOUR ACCEPTANCE OR DECLINE OF THE FOREGOING AGREEMENT BY CLICKING ON THE APPROPRIATE BUTTON BELOW. IF YOU DECLINE THIS AGREEMENT, SETUP WILL CLOSE. TO INSTALL THE SOFTWARE, YOU MUST ACCEPT THIS AGREEMENT.
