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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 DECLINE TO QUIT AND YOU WILL
- NOT BE ABLE TO USE THE SOFTWARE.
-