update Sat Jun 19 06:37:00 PDT 2010

[pkgsrc.git] / licenses / adobe-acrobat-license

End user license agreement

ADOBE SYSTEMS INCORPORATED

FOR ADOBE(R) ACROBAT(R) READER(R) SOFTWARE.

End User License Agreement

Please return any accompanying registration form to receive
registration benefits.

NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL
OR ANY PORTION OF THE 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 7; AND LIABILITY IN SECTION 8. 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.

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
End User License Agreement (this "Agreement"), Adobe grants to you
a non-exclusive license to Use the Software for the purposes
described in the Documentation.  Some third party materials included
in the Software may be subject to other terms and conditions, which
are typically found in a "Read Me" file located near such materials.

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 such Software on a computer file server within your internal
network for the sole and exclusive purpose of using such Software
(from an unlimited number of client computers on your internal
network) via (a) the Network File System (NFS) for UNIX versions
of Acrobat Reader 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 using 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 Adobe Acrobat Reader
on tangible media or through an internal network please refer to
the sections entitled "How to Distribute Acrobat Reader" at
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. Home Use. You, as the primary user of the computer on which
the Software is installed, may also install the Software on one of
your home computers. However, the Software may not be used on your
home computer at the same time the Software on the primary computer
is being used.

2.5 No Modification. You may customize or extend the functionality
of the installer for the Software as specifically allowed by
instructions found at 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) Adobe Acrobat Reader
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 Adobe Acrobat Reader 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.

3. Intellectual Property Rights.

3.1 Title. The Software and any copies that you are authorized by
Adobe to 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 copyright, including without
limitation by United States Copyright Law, international treaty
provisions and applicable laws in the country in which it is being
used. You may not copy the Software, except as set forth in Section
2 ("Software License"). 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.

3.2 Reverse Engineer. Unless specifically and expressly permitted
by Adobe, you agree not to modify, adapt or translate the Software.
You also agree not to 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
information supplied by Adobe or obtained by you, as permitted
hereunder, 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.

3.3 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.

3.4 Trademarks. Trademarks shall be used in accordance with accepted
trademark practice, including identification of trademarks owners'
names. Trademarks can only be used to identify printed output
produced by the Software and such use of any trademark does not
give you any rights of ownership in that trademark.

3.5 Reservation. Except as expressly stated herein, this Agreement
does not grant you any intellectual property rights in the Software
and all rights not expressly granted herein are reserved by Adobe.

4. Transfer. You may not, rent, lease, sublicense 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 each
this Agreement, the Software and all other software or hardware
bundled or pre-installed with the Software, including all copies,
Updates and prior versions, and all copies of font software converted
into other formats, 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. Multiple Environment Software / Multiple Language Software /
Dual Media Software / Multiple Copies/ Bundles / Updates. If the
Software supports multiple platforms or languages, if you receive
the Software on multiple media, if you otherwise receive multiple
copies of the Software, or if you received the Software bundled
with other software, the total number of your computers on which
all versions of the Software are installed may not exceed the
Permitted Number. You may not, rent, lease, sublicense, lend or
transfer any versions or copies of such Software you do not Use.
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 the Update. You may continue to Use the previous version of
the Software on your computer after you receive the Update to assist
you in the transition to the Update, provided that: the Update and
the previous version are installed on the same computer; the previous
version 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 you acknowledge that any obligation
Adobe may have to support the previous version 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.

7. 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 LEGALLY 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, that
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, 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 End User 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.

8. 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.

9. 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.

10. 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.

12. Notice to U.S. Government End Users. The Software and Documentation
are "Commercial Items," as that term is defined at 48 C.F.R. S:2.101,
consisting of "Commercial Computer Software" and "Commercial Computer
Software Documentation," as such terms are used in 48 C.F.R.
S:12.212 or 48 C.F.R. S:227.7202, as applicable.  Consistent with
48 C.F.R. S:12.212 or 48 C.F.R.  S:S: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.

13. 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.

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, Acrobat, and Acrobat Reader are registered trademarks of
Adobe Systems Incorporated in the United States and/or other
countries.

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