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ADOBE SYSTEMS INCORPORATED
ADOBE® READER® SOFTWARE LICENSE AGREEMENT
NOTICE TO USER:
PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE ADOBE
READER SOFTWARE ("SOFTWARE") YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS
AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN
SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 6; AND LIABILITY
IN SECTION 7. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN
NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS
SOFTWARE. IF YOU ACQUIRED THE SOFTWARE ON TANGIBLE MEDIA (e.g. CD) WITHOUT
AN OPPORTUNITY TO REVIEW THIS LICENSE AND YOU DO NOT ACCEPT THIS AGREEMENT,
YOU MAY OBTAIN A REFUND OF ANY AMOUNT YOU ORIGINALLY PAID IF YOU: (A) DO
NOT USE THE SOFTWARE AND (B) RETURN IT, WITH PROOF OF PAYMENT, TO THE LOCATION
FROM WHICH IT WAS OBTAINED WITHIN THIRTY (30) DAYS OF THE PURCHASE DATE.
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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
or "Read Me" file located near such materials.
1. Definitions. "Software" means (a) all of the contents
of the files, 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; (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 the 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
10(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. As long as you comply
with the terms of this Software License Agreement (this "Agreement"), Adobe
grants to you a non-exclusive license to Use the Software for the purposes
described in the Documentation.
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.
2.2 Server Use and Distribution.
2.2.1 Subject to the terms of this Agreement, you may install
one copy of the Software on a computer file server within your internal network
for the sole and exclusive purpose of using the Software (from an unlimited
number of client computers on your internal network) via (a) the Network
File System (NFS) for UNIX versions of the Software or (b) Windows Terminal
Services. 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.
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 may
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. In addition to the single
copy permitted under Sections 2.2.1 and 2.3, 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. You may customize or extend the functionality
of the installer for the Software as specifically allowed by instructions
found at http://www.adobe.com or http://partners.adobe.com (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 Software is
licensed and distributed by Adobe for viewing, distributing and sharing PDF
files. You are not authorized to integrate or use the Software with any
other software, plug-in or enhancement which uses or relies upon the Software
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 Software with any (a) plug-in software not developed in accordance
with the Adobe Integration Key License Agreement or (b) other software or
enhancement that uses Inter Application Communication (IAC) to programmatically
interface with the Software for the purpose of (i) creating a file that contains
data (e.g., an XML or comments file), (ii) saving modifications to a PDF
file or (iii) rendering a PDF file in such other software's application window.
2.6 Third Party Website Access. The Software allows 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 FITNESS 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
allows you to validate Certified Documents. A "Certified Document" or "CD"
is a PDF file that has been digitally signed using (a) the Software CD feature
set, (b) a certificate, and (c) 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"
is 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 (a) certificates issued by such CD Service Provider for use with
the Software's CD feature set, (b) services related to issuance of certificates,
and (c) other services related to certificates, including without limitation
verification services.
2.7.2 CD Service Providers. Although the Software provides
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 and practice statements, and Section 2.7 of this Agreement.
By validating a CD using CD Services, you acknowledge and agree that (i)
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, (ii) 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
Provider, or any other third party; and (iii) 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, including,
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
to 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. Intellectual Property Ownership, Copyright Protection.
The Software and any authorized copies that you make are the intellectual
property of and are owned by Adobe Systems Incorporated and its suppliers.
The structure, organization and code of the Software are the valuable trade
secrets and confidential information of Adobe Systems Incorporated and its
suppliers. The Software is protected by law, including without limitation
the copyright laws of the United States and other countries, and by international
treaty provisions. Except as expressly stated herein, this Agreement does
not grant you any intellectual property rights in the Software and all rights
not expressly granted are reserved by Adobe and its suppliers.
4. Restrictions.
4.1 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.
4.2 No Modifications. You shall not modify, adapt or translate
the Software. You shall 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.
Adobe 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.
4.3 Document Features. The Software may contain features
and functionality that appear disabled or "grayed out" (the "Document Features").
The Document Features will only activate when opening certain PDF documents
that have been created using corresponding enabling technology available
from Adobe. You agree not to access, or attempt to access, disabled Document
Features or otherwise circumvent the permissions that control activation
of such Document Features.
4.4 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 hardware 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.
5. Updates. If the Software is an Update to a previous version
of the Software, you must possess a valid license to such previous version
in order to Use such Update. All Updates are provided to you on a license
exchange basis. You agree that by Using an Update you voluntarily terminate
your right to use any previous version of the Software. As an exception,
you may continue to Use previous versions of the Software on your Computer
after you Use the Update buy only to assist you in the transition to the
Update, provided that: (a) the Update and the previous versions are installed
on the same computer; (b) the previous versions or copies thereof are not
transferred to another party or Computer unless all copies of the Update
are also transferred to such party or Computer; and (c) you acknowledge that
any obligation Adobe may have to support the previous versions of the Software
may be ended upon availability of the Update.
6. NO WARRANTY. The Software is being delivered to you
"AS IS" and Adobe makes no warranty as to its use or performance. ADOBE
AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU
MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION
OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR
LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS
MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED
WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER
INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY,
INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
The provisions of Section 6 and Section 7 shall survive the termination
of this Agreement, howsoever caused, but this shall not imply or create any
continued right to Use the Software after termination of this Agreement.
7. LIMITATION OF LIABILITY. IN NO EVENT WILL ADOBE OR ITS
SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR
ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST
SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY.
THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY
APPLICABLE LAW IN YOUR JURISDICTION. ADOBE'S AGGREGATE LIABILITY AND THAT
OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED
TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement
limits Adobe's liability to you in the event of death or personal injury
resulting from Adobe's negligence or for the tort of deceit (fraud). Adobe
is acting on behalf of its suppliers for the purpose of disclaiming, excluding
and/or limiting obligations, warranties and liability as provided in this
Agreement, but in no other respects and for no other purpose. For further
information, please see the jurisdiction specific information at the end
of this Agreement, if any, or contact Adobe's Customer Support Department.
8. Export Rules. 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 (collectively the "Export Laws"). In addition,
if the Software is identified as export controlled items under the Export
Laws, you represent and warrant that you are not a citizen, or otherwise
located within, an embargoed nation (including without limitation Iran, Iraq,
Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not
otherwise prohibited under the Export Laws from receiving the Software.
All rights to Use the Software are granted on condition that such rights
are forfeited if you fail to comply with the terms of this Agreement.
9. Governing Law. This Agreement will be governed by and
construed in accordance with the substantive laws in force: (a) in the State
of California, if a license to the Software is obtained when you are in the
United States, Canada, or Mexico; or (b) in Japan, if a license to the Software
is obtained when you are in Japan, China, Korea, or other Southeast Asian
country where all official languages are written in either an ideographic
script (e.g., hanzi, kanji, or hanja), and/or other script based upon or
similar in structure to an ideographic script, such as hangul or kana; or
(c) Ireland, if a license to the Software is purchased when you are in any
other jurisdiction not described above. The respective courts of Santa Clara
County, California when California law applies, Tokyo District Court in Japan,
when Japanese law applies, and the competent courts of Ireland, when the
law of Ireland applies, shall each have non-exclusive jurisdiction over all
disputes relating to this Agreement. This Agreement will not be governed
by the conflict of law rules of any jurisdiction or the United Nations Convention
on Contracts for the International Sale of Goods, the application of which
is expressly excluded.
10. General Provisions. If any part of this Agreement is
found void and unenforceable, it will not affect the validity of the balance
of this Agreement, which shall remain valid and enforceable according to
its terms. This Agreement shall not prejudice the statutory rights of any
party dealing as a consumer. This Agreement may only be modified by a writing
signed by an authorized officer of Adobe. Updates may be licensed to you
by Adobe with additional or different terms. This is the entire agreement
between Adobe and you relating to the Software and it supersedes any prior
representations, discussions, undertakings, communications or advertising
relating to the Software.
11. Notice to U.S. Government End Users. The Software and
Documentation are "Commercial Items," as that term is defined at 48 C.F.R.
§2.101, consisting of "Commercial Computer Software" and "Commercial Computer
Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48
C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48
C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer
Software and Commercial Computer Software Documentation are being licensed
to U.S. Government end users (a) only as Commercial Items and (b) 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, USA. For U.S. Government End Users, Adobe agrees to comply
with all applicable equal opportunity laws including, if appropriate, the
provisions of Executive Order 11246, as amended, Section 402 of the Vietnam
Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section
503 of the Rehabilitation Act of 1973, as amended, and the regulations at
41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action
clause and regulations contained in the preceding sentence shall be incorporated
by reference in this Agreement.
12. Compliance with Licenses. If you are a business or organization,
you agree that upon request from Adobe or Adobe's authorized representative,
you will within thirty (30) days fully document and certify that use of any
and all Software at the time of the request is in conformity with your valid
licenses from Adobe.
13. Specific Exceptions.
13.1 Limited Warranty for Users Residing in Germany or Austria.
If you obtained the Software in Germany or Austria, and you usually reside
in such country, then Section 6 does not apply, instead, Adobe warrants that
the Software provides the functionalities set forth in the Documentation
(the "agreed upon functionalities") for the limited warranty period following
receipt of the Software when used on the recommended hardware configuration.
As used in this Section, "limited warranty period" means one (1) year if
you are a business user and two (2) years if you are not a business user.
Non-substantial variation from the agreed upon functionalities shall not
be considered and does not establish any warranty rights. THIS LIMITED WARRANTY
DOES NOT APPLY TO SOFTWARE PROVIDED TO YOU FREE OF CHARGE, FOR EXAMPLE, UPDATES,
PRE-RELEASE, TRYOUT, PRODUCT SAMPLER, NOT FOR RESALE (NFR) COPIES OF SOFTWARE,
OR SOFTWARE THAT HAS BEEN ALTERED BY YOU, TO THE EXTENT SUCH ALTERATIONS
CAUSED A DEFECT. To make a warranty claim, during the limited warranty period
you must return, at our expense, the Software and proof of purchase to the
location where you obtained it. If the functionalities of the Software vary
substantially from the agreed upon functionalities, Adobe is entitled --
by way of re-performance and at its own discretion -- to repair or replace
the Software. If this fails, you are entitled to a reduction of the purchase
price (reduction) or to cancel the purchase agreement (rescission). For
further warranty information, please contact Adobe's Customer Support Department
13.2 Limitation of Liability for Users Residing in Germany and Austria.
13.2.1 If you obtained the Software in Germany or Austria,
and you usually reside in such country, then Section 7 does not apply, Instead,
subject to the provisions in Section 13.2.2, Adobe's statutory liability
for damages shall be limited as follows: (i) Adobe shall be liable only
up to the amount of damages as typically foreseeable at the time of entering
into the purchase agreement in respect of damages caused by a slightly negligent
breach of a material contractual obligation and (ii) Adobe shall not be liable
for damages caused by a slightly negligent breach of a non-material contractual
obligation.
13.2.2 The aforesaid limitation of liability shall not apply
to any mandatory statutory liability, in particular, to liability under the
German Product Liability Act, liability for assuming a specific guarantee
or liability for culpably caused personal injuries.
13.2.3 You are required to take all reasonable measures
to avoid and reduce damages, in particular to make back-up copies of the
Software and your computer data subject to the provisions of this Agreement.
13.3 Pre-release Product Additional Terms. If the product
you have received with this license is pre-commercial release or beta Software
("Pre-release Software"), then the following Section applies. To the extent
that any provision in this Section is in conflict with any other term or
condition in this Agreement, this Section shall supercede such other term(s)
and condition(s) with respect to the Pre-release Software, but only to the
extent necessary to resolve the conflict. 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 or other
failures and data loss. Consequently, the Pre-release Software is provided
to you "AS-IS", and Adobe disclaims any warranty or liability obligations
to you of any kind. WHERE LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE,
BUT IT MAY BE LIMITED, ADOBE'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL
BE LIMITED TO THE SUM OF FIFTY DOLLARS (U.S. $50) IN TOTAL. You acknowledge
that Adobe has not promised or guaranteed to you that Pre-release Software
will be announced or made available to anyone in the future, Adobe has no
express or implied obligation to you to announce or introduce the Pre-release
Software and that Adobe may not introduce a product similar to or compatible
with the Pre-release Software. Accordingly, you acknowledge that any research
or development that you perform regarding the Pre-release Software or any
product associated with the Pre-release Software is done entirely at your
own risk. During the term of this Agreement, if requested by Adobe, you will
provide feedback to Adobe regarding testing and use of the Pre-release Software,
including error or bug reports. If you have been provided the Pre-release
Software pursuant to a separate written agreement, such as the Adobe Systems
Incorporated Serial Agreement for Unreleased Products, your use of the Software
is also governed by such agreement. You agree that you may not and certify
that you will not sublicense, lease, loan, rent, assign or transfer the Pre-release
Software. Upon receipt of a later unreleased version of the Pre-release Software
or release by Adobe of a publicly released commercial version of the Software,
whether as a stand-alone product or as part of a larger product, you agree
to return or destroy all earlier Pre-release Software received from Adobe
and to abide by the terms of the license agreement for any such later versions
of the Pre-release Software. Notwithstanding anything in this Section 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 Pre-release
Software within thirty (30) days of the completion of your testing of the
Software when such date is earlier than the date for Adobe's first commercial
shipment of the publicly released (commercial) Software.
If you have
any questions regarding this Agreement or if you wish to request any information
from Adobe please use the address and contact information included with this
product to contact the Adobe office serving your jurisdiction.
Adobe and Reader are either registered trademarks or trademarks
of Adobe Systems Incorporated in the United States and/or other countries.
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