UK
UK
If you are entering into this Agreement in the United Kingdom, the following
licence terms apply to you:
NOTICE TO USER:
THIS IS A CONTRACT BETWEEN YOU AND ADOBE SYSTEMS INCORPORATED ("ADOBE"), A COMPANY
INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE, U.S.A. PLEASE READ IT
CAREFULLY. BY INDICATING YOUR ACCEPTANCE BELOW, YOU ACCEPT ALL THE TERMS AND
CONDITIONS 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. IF YOU DO NOT ACCEPT THIS AGREEMENT AND HAVE PROOF OF PAYMENT, YOU MAY
RETURN THE UNUSED SOFTWARE TO THE LOCATION FROM WHICH YOU ACQUIRED IT WITHIN THIRTY
(30) DAYS FOR A REFUND OF SUCH LICENCE FEE.
This Adobe Systems Incorporated End User Licence Agreement (the "Agreement") sets
forth the terms and conditions under which you are licensed to use the Software.
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. Software
means (A) all of the contents of the disk(s), CD-ROM(s) or other media with which
this Agreement is provided, including but not limited to (i) Adobe or third party
software; (ii) digital images, stock photographs, clip art or other artistic works
("Stock Files"); (iii) related explanatory written materials ("Documentation"); and
(iv) fonts; and (B) upgrades, modified versions, updates, additions, and copies of
the Software, if any, licensed to you by Adobe (collectively, "Updates"). The term
"Permitted Number of Computers" means the number of computers indicated at the top
of this Agreement.
Adobe grants to you a non-exclusive licence to use the Software, provided that you
agree to the following:
2. Copyright. The Software and any copies that you make are the intellectual
property of and are owned by Adobe and its suppliers. The structure, organization
and code of the Software are the valuable trade secrets and confidential
information of Adobe and its suppliers. The Software is protected by United States
Copyright Law, international treaty provisions, and applicable laws of the country
in which it is being used. You must treat the Software just as you would any other
copyrighted material, such as a book. You may not copy the Software, except as set
forth in Clause 1 ("Use of the Software"). 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 section 1.6.4,
you agree not to modify, adapt or translate the Software except as may expressly be
permitted under the Council Directive of 14 May 1991 on the Legal Protection of
Computer Programs ("the Directive"). You also agree not to reverse engineer,
decompile, disassemble or otherwise attempt to discover the source code of the
Software except as may expressly be permitted under the Directive. For the
avoidance of doubt, in the event of any inconsistency between the Directive and any
UK legislation the terms of the Directive shall prevail. Please note that you may
not decompile the Software unless 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.
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 stated in the
Directive 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 Customer Support Department, Adobe
Systems Europe Limited, Adobe House, Mid New Cultins, Edinburgh, Scotland EH11 4DU,
United Kingdom, telefax +44-(0) 131-453-4422. 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. Except as stated above, this Agreement does not grant
you any intellectual property rights in the Software.
3. Transfer. You may not rent, lease, sublicense or lend the Software. You may,
however, transfer all your rights to use the Software to another person or legal
entity provided (1) that you transfer this Agreement, the Software, including all
copies, Updates and prior versions and all copies of font software converted into
other formats, to such person or entity, (2) that you retain no copies, including
copies stored on a computer, and (3) that the receiving party accepts the terms and
conditions of this Agreement.
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 limited 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 proof of
purchase within such ninety (90) day period. If the Software does not perform
substantially in accordance with the Documentation, the entire liability of Adobe
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. 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 OR LIMITED BY COMPULSORY LAW IN THE
UNITED KINGDOM, ADOBE AND ITS SUPPLIERS MAKE NO WARRANTIES OR CONDITIONS, EXPRESS,
IMPLIED OR STATUTORY, AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-
INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY OR
FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE
LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION
CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE 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. WHERE
LIABILITY CANNOT BE LEGALLY EXCLUDED, BUT IT MAY BE LIMITED, ADOBE'S LIABILITY AND
THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE.
Nothing contained in this Agreement shall prejudice the statutory rights of any
party dealing as a consumer. Nothing contained in this Agreement limits Adobe's
liability to you in the event of death or personal injury resulting from Adobe's
negligence. Adobe is acting on behalf of its suppliers for the purpose of
disclaiming, excluding and/or restricting obligations, warranties and liability as
provided in this Clause 5, but in no other respects and for no other purpose.
6. Governing Law and General Provisions. This Agreement will be governed by and
construed in accordance with the substantive laws of Scotland whose courts shall
have jurisdiction over all disputes relating to this Agreement. 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, in which event you must destroy all copies of the Software. This 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,
although Adobe may vary the terms of this Agreement in connection with the
licensing of any Updates to you.
This is the entire agreement between Adobe and you relating to the Software and it
supersedes any prior representations, discussions, undertakings, end user licence
agreements, communications or advertising relating to the Software.
7. 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.
9. Compliance with Licences. It you are a business or organisation, you agree that
upon request from Adobe or Adobe's authorised representative, you will within
thirty (30) days fully document and certify that your use of any and all Adobe
software at the time of the request is in conformity with your valid licences from
Adobe.