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1.1 NO WARRANTY. THE SOFTWARE AND OTHER INFORMATION LICENSED IN THIS AGREEMENT IS MADE AVAILABLE TO YOU “AS IS”. NEITHER ADOBE NOR ITS SUPPLIERS MAKE ANY WARRANTY AS TO ITS USE OR PERFORMANCE. ADOBE AND ITS SUPPLIERS DO NOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY USING THE SOFTWARE.

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 ANY PARTY’S RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU MAY BE ENTITLED TO WARRANTIES UNDER LAW IN YOUR JURISDICTION. The foregoing exclusions and limitations will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. 1.2 BINDING AGREEMENT. This is a contract between INSERT NAME OF DISTRIBUTOR located at INSERT LOCATION OF DISTRIBUTOR (“Distributor”) and Adobe. By indicating acceptance of this agreement at or by distributing the distributable version of the Software provided to Distributor by Adobe, Distributor agrees to the terms of this agreement. This agreement is effective against Adobe only if Distributor has provided Adobe with information about its intended distribution and Adobe has confirmed its acceptance of this agreement in writing to Distributor. If you enter into this agreement in error, you may rescind your acceptance prior to distributing the Software by returning this agreement, along with a signed written statement of your desire to rescind this agreement, to: Adobe Systems Incorporated, ATTN: General Counsel, 345 Park Avenue, San Jose, California 95110.

“ Authorized Operating System(s)” means the desktop or standard-laptop version(s) of the operating system(s) set forth in which, in any event, is one of the Authorized Operating Systems listed at: (a) in the case of the Adobe Reader Software, (b) in the case of Adobe AIR, (c) in the case of Flash Player, and (d) in the case of Shockwave Player,. For the avoidance of doubt, “Authorized Operating Systems” does not include embedded or device versions of such operating systems. See Section 3.5 (i)(i) for information about systems that are in no event Authorized Operating Systems. “ Personal Computer” or “ PC” shall mean a hardware product which is designed and marketed with the primary purpose of operating a wide variety of productivity, entertainment, and other software applications provided by unrelated third party software vendors, which operates depending upon the use of a full function and full feature set computer operating system of the type(s) then in widespread use with hardware to operate general purpose laptop, desktop, server and large format tablet microprocessor based computers. 3.3 Server Use. Distributor may install one copy of the Software on a computer file server within Distributor’s Intranet for the sole and exclusive purpose of allowing use of the Software from an unlimited number of client computers on Distributor’s Intranet via (a) the Network File System (NFS) for UNIX versions of the Software, (b) Windows Terminal Services, (c) Citrix, or (d) in the case of Adobe Reader, allowing printing within Distributor’s Intranet. Unless otherwise expressly permitted hereunder, no other server or network use of the Software is permitted. By way of example, the foregoing does not permit Distributor to serve the Software as an element of an Intranet or Internet hosted service.

(a) Distributable Version, Access. Distributor will distribute only the version of the Software (with its corresponding installer) provided to Distributor by Adobe upon completion of this agreement for use on Personal Computers on the specific Authorized Operating System listed in.

Distributor will not distribute any version of the Software found elsewhere, including on www.Adobe.com, www.Macromedia.com, or any other download site on the Internet. Adobe may provide Distributor with access to the distributable version of the Software via electronic download at a specified non-public website. Distributor shall not disclose the location of such website to any third party. Notwithstanding the foregoing, Distributor may distribute Updates to Reader that are made available by Adobe at or any successor website.

(b) New Versions. Upon release of a new version of the Software by Adobe, Distributor will cease all reproduction and distribution of the previous version of the Software upon the earlier of (i) the next release of the product or service with which Distributor bundles the Software, or (ii) six (6) months from the date Adobe makes such new version of the Software commercially available. As used in this section, “new version” means a major new release of the Software.

Adobe may notify Distributor when new versions are released. (c) Sublicensing Requirements. Distributor will distribute, and will ensure that its distributors and resellers distribute, the Software under the Adobe end user license agreement accompanying the Software. If the Software offers or displays such agreement as a part of its installation, Distributor will not configure the Software to avoid such offer or display. As a specific exception to the above, a Distributor that distributes copies of the Adobe Reader or Adobe AIR over an Intranet as permitted by Section 3.2 (a) may suppress the display of the end user license agreement in distributed copies, provided that it does so in accordance with any customization wizard and documentation provided by Adobe and provided, further, that, prior to such distribution, Distributor accepts the terms of such agreement on behalf of itself and all of its Intranet end users.

(d) No Modification, No Reverse Engineering. Distributor shall not modify, adapt, translate, or create derivative works based upon the Software in any way, including without limitation, removal of the installer program, electronic end user license agreement, “About” screen, or any copyright or other proprietary notice that appears in the Software.

Distributor shall not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software. If you are located in the European Union, please refer to the additional terms in Section 17 of this agreement under the header “European Union Provisions”. (i) No Modification. Consistent with subsection (d) above, Distributor shall not modify the Adobe AIR software product.

For example, Distributor shall not: (A) modify the Adobe AIR self extracting installer or installer files or Runtime Components; (B) alter the manner in which the complete Adobe AIR software product installs, including, but not limited to, the default runtime installation locations or installer file locations on disk; or (C) remove, disable, or bypass the end-user license agreement presentation and acceptance process, except as permitted to certain Distributors under Section 3.4 (c) above. (iii) No Substitution. Distributor shall not configure, distribute, bundle, or incorporate the Adobe AIR software product -or its installer files or Runtime Components- with any software when such configuration, distribution, bundling, or incorporation results in the replacement or substitution of the Adobe AIR software product.

For example, Distributor shall not create a self extracting installer that includes any Adobe AIR installer files or Runtime Components and distribute such self extracting installer as the Adobe AIR software product installer. (g) Web Download. Distributor may not make the Software available as a standalone product on the Internet. Distributor may direct end users to obtain the Software, with the exception of ARH, through electronic download on a standalone basis by linking to the official Adobe website. Permission to use Adobe logo web-buttons may be obtained. (iii) Disabled Features. Adobe Reader may contain features and functionalities that are hidden or appear disabled or “grayed out.” These disabled features will activate only when opening a PDF document that was created using technology keys available only from Adobe.

Distributor shall not access, or attempt to access, or duplicate the functionality of such disabled features without a valid key, nor will Distributor otherwise circumvent the technology that controls activation of such features. For more information on disabled features, please refer to. (i) Prohibited Devices. Distributor shall not distribute, download or embed any Adobe Runtime on any non-PC device or with any embedded or device version of any operating system. (ii) Default File Formats.

Distributor may not combine an Adobe Runtime with Distributor Product or Distributor Service in such a way that the Distributor Product’s or Distributor Service’s own file format or data type replaces the file format or data type for the Adobe Runtime. For example, Flash Player and Shockwave Player must always remain the default players for their respective file formats and data types in the browser and Adobe AIR must remain the default runtime for its file formats and data types (i.e.,.air) on the desktop. Adobe hereby grants to Distributor, and Distributor accepts, a worldwide, non-exclusive, non-transferable, personal right to use and distribute, under the terms of this agreement, the “Includes Adobe® Reader®” button for print media, and the “Includes Adobe Flash® Player,” “Shockwave® Enabled,” and “Includes Adobe AIR” logos or such additional or replacement button(s) or logos as Adobe may provide under this agreement (the “Trademarks”). Distributor may use the Trademarks solely in conjunction with the permitted forms of distribution of the Software specified in Section 3 of this agreement, so long as such use also complies with the “Guidelines for Using the ‘Includes Adobe Reader’ Button” at and/or the “Includes Adobe Flash Player Logo Usage Guidelines” at and/or the “Adobe® Shockwave Enabled Logo Usage Guidelines” at and/or the “Includes Adobe AIR Usage Guidelines” provided to Distributor by Adobe and the “Guidelines for Third Parties Who Use Adobe Trademarks”. Use of the Trademarks does not give Distributor any right, title, or interest in the Trademarks, other than the license rights granted herein.

Keitai denjuu telefang speed english patch 2017. Distributor may not assign, transfer or sublicense any trademark right granted herein without the prior written consent of Adobe. Distributor agrees not to use the Trademarks in any way that will disparage Adobe or its products, injure Adobe’s reputation for high quality or otherwise diminish or damage Adobe’s goodwill in the Trademarks or infringe Adobe’s intellectual property. Distributor acknowledges the validity of the Trademarks and Adobe’s sole ownership of the Trademarks, and that Adobe retains all right, title, and interest in and to the Trademarks. Distributor recognizes the value of the goodwill associated with the Trademarks, and acknowledges that such goodwill inures exclusively to the benefit of and belongs to Adobe. Distributor shall employ best efforts to use the Trademarks in a manner that does not derogate from Adobe’s rights in the Trademarks and will take no action that will interfere with or diminish Adobe’s rights in the Trademarks. Distributor may not use the Trademarks in any way as an endorsement or sponsorship by Adobe of any product or service. Distributor agrees not to adopt or use a trademark, service mark, or any other designation confusingly similar to the Trademarks.

Further, Distributor agrees to use the Trademarks only in connection with products that: (a) meet or exceed all applicable U.S. And foreign labeling and packaging laws and regulations, (b) are advertised in compliance with all applicable U.S. And foreign fair advertising laws and regulations, (c) comply with all other applicable U.S. And foreign laws and regulations, (d) support Adobe products if so indicated on packaging and/or advertising materials for Distributor’s products, (e) are of a quality and reputation consistent with the high quality of Adobe products and services, and (f) are advertised in a manner consistent with industry standards. Upon reasonable request from Adobe, Distributor shall notify Adobe of the locations of its use of the Trademarks and furnish Adobe with suitable specimens of such use.

If Adobe so requests, Distributor agrees to submit to Adobe any uses of the Trademarks for Adobe’s approval prior to the dissemination of these materials, such approval not to be unreasonably withheld. Distributor agrees to undertake such steps as Adobe may reasonably request to assist in monitoring and maintaining the quality and form of use of the Trademarks. Adobe may review Distributor’s use of the Trademarks at any time to evaluate its compliance with the quality standards described in this agreement. If at any time Adobe determines that Distributor is not maintaining adequate quality standards, Distributor shall be considered in breach of this agreement and subject to the termination provisions of Section 13. Distributor must immediately remedy any material deficiencies in its use of the Trademarks upon reasonable notice from Adobe. Adobe makes no warranties of any kind, either express or implied, with respect to the Trademarks.

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Adobe will not be liable to Distributor for any consequential, incidental, or special damages (including loss of business profits) arising from or related to Distributor’s use of the Trademarks, even if Adobe has been advised of the possibility of such damages. If Adobe provides Distributor with a substitute Trademark(s), Distributor shall bear all liability for continued use of the previous Trademark(s). The Software and any authorized copies that Distributor makes 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 Distributor any intellectual property rights in the Software and all rights not expressly granted are reserved by Adobe and its suppliers. 7.1 Copyright and Trademark Notice Placement. Distributor will place the copyright and trademark language and, whenever possible, the associated logo(s) in the following areas of Distributor Product or Service: (a) the on-line documentation, (b) the End User License Agreement and/or Terms of Use Agreement, (c) the ‘About Box’ or similar notice page, and (d) any other documentation of the Distributor Product or Service that contains copyright information. For purposes of this agreement, copyright and trademark languages shall mean. Unless the Adobe Runtime is distributed via an Intranet, at Adobe’s request Distributor will provide Adobe two (2) copies of Distributor Product or one (1) membership to Distributor Service free of charge within seventy-two (72) hours of Adobe’s request. This will facilitate resolving potential quality assurance issues brought to Adobe’s attention with Distributor’s incorporation of Software. In the event Distributor Product or Distributor Service contains Distributor confidential information, Adobe will cooperate with entering into a confidentiality agreement with Distributor.

IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO DISTRIBUTOR FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER ARISING FROM THIS AGREEMENT AND/OR DISTRIBUTOR’S USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, OR 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 DISTRIBUTOR’S JURISDICTION. IN ANY EVENT, ADOBE’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO FIFTY U.S. DOLLARS ($50.00).

Nothing contained in this agreement limits Adobe’s or its suppliers’ liability to distributor in the event of death or personal injury resulting from 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. Distributor agrees, and will ensure that its distributors and resellers 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, Distributor represents and warrants that Distributor is not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Syria, Sudan, Cuba, and North Korea) and that Distributor is not otherwise prohibited under the Export Laws from distributing the Software.

All rights granted under this agreement are granted on condition that such rights are forfeited if Distributor fails to comply with the terms of this agreement. The term of this agreement will be for one (1) year from the Effective Date unless terminated earlier pursuant to this Section 13. Adobe has the right to terminate this agreement (a) without cause upon ninety (90) days written notice or (b) immediately if Distributor fails to comply with any term of this agreement. Upon any such termination, Distributor must cease all reproduction and distribution of the Software, any use of the Trademarks, and, upon request from Adobe, destroy all copies of the Software in Distributor’s possession along with certification of such destruction. However, except in the case of a breach of Section 3 or 6, Distributor will have a reasonable period of time, not to exceed 90 days, to sell copies of the Distributor Product then in its inventory and to use the then-current version of the Software to the extent necessary for Distributor to support its end users.

All requests and notices given under this agreement will be in writing and will be by personal delivery or by certified or registered mail, return receipt requested (or in the case of notices from Adobe to Distributor, by e-mail) and will be deemed given upon personal delivery, five (5) days after deposit in the mail, or upon sending of electronic transmission. Notices from Distributor to Adobe will be sent to the following address: Adobe Systems Incorporated, 345 Park Avenue, San Jose, California 95110, Attention: General Counsel. Notices from Adobe to Distributor will be sent to the address Distributor provides to Adobe with this agreement. Distributor warrants that the personal information it provides with this agreement is accurate and current as of the date Distributor provided such information. 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 Distributor by Adobe with additional or different terms. This is the entire agreement between Adobe and Distributor relating to reproduction and distribution of the Software and it supersedes any prior representations, discussions, undertakings, communications, or advertising relating to the Software. Government Distributors, 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. Nothing included in this agreement (including Section 3.5 (d)) shall limit any non-waivable right to decompile the Software that you may enjoy under mandatory law. For example, if you are located in the European Union (EU), you may have the right upon certain conditions specified in the applicable law to decompile the Software if it is necessary to do so in order to achieve interoperability of the Software with another software program, and you have first asked Adobe in writing to provide the information necessary to achieve such interoperability and Adobe has not made such information available. In addition, such decompilation may only be done by you or someone else entitled to use a copy of the Software on your behalf. Adobe has the right to impose reasonable conditions 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 or used for any other act which infringes Adobe or its licensors’ copyright.

Distributor agrees that upon request from Adobe or Adobe’s authorized representative, Distributor will within thirty (30) days fully document and certify that Distributor is in conformity with the terms and conditions of this agreement. During the term of this agreement, Distributor will use commercially reasonable efforts to maintain a complete, clear, and accurate record of the number of copies of the Software it distributes during each calendar quarter in a manner sufficient to allow Adobe to verify compliance with the terms and conditions of this agreement.

Adobe shall have the right to inspect and audit all Distributor relevant books and records relating to the reproduction and distribution of the Software. Information obtained in connection with the audit will only be used to enforce Adobe’s rights and determine whether Distributor is in compliance with the terms and conditions of this agreement. Any such audit shall be conducted upon not less than seven (7) days’ notice at Distributor’s offices during regular business hours and in such a manner as not to unreasonably interfere with Distributor’s normal business activities.