Sunday, 31 March 2013

TOS : Persona

Friday, 29 March 2013

SnapPea EULA


END USER LICENSE AGREEMENT
PLEASE READ THESE TERMS (“AGREEMENT”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY WANDOU TECHNOLOGY LIMITED (“COMPANY”). BY VISITING THE WEBSITES OR USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS.  IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS.  IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE WEBSITE OR SERVICES.  USE OF COMPANY’S SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.
1. ACCESS TO THE SERVICES.  The www.snappea.com website and domain name and any other linked pages, features, content, or application services (including without limitation any mobile application services) offered from time to time by Company in connection therewith (collectively, the “Website”) are owned and operated by Company.  Subject to the terms and conditions of this Agreement, Company may offer to provide certain software or services (including without limitation the SnapPea software), as described more fully on the Website, and that have been selected by you (together with the Website, the “Services”), solely for your own use, and not for the use or benefit of any third party.  The term “Services” includes, without limitation, use of the Website, any service Company performs for you, and the Content (as defined below) offered in connection therewith.  Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or Content.  Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.  Company reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website, or by sending you a notice via email or postal mail.  You shall be responsible for reviewing and becoming familiar with any such modifications.  Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
Company does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services.  If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address.  No one under age 13 may provide any personal information to Company or on the Services.  In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible.  If you believe that we might have any information from or about a child under 13, please contact us at hello@snappea.com.
You represent and warrant to Company that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent’s permission to do so , and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information.  You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services.  This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
2. CONTENT.  The Services, and its contents are intended solely for the personal, non-commercial use of Services users and may only be used in accordance with the terms of this Agreement.  All materials offered, displayed or performed on the Services (including, but not limited to software, text, graphics, articles, photographs, images, illustrations (also known as the “Content”)) are protected by copyright.  You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
The Services are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other intellectual property laws.  You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section 2), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or Services in whole or in part.
You may download or copy the Content (and other items displayed on the Services for download) for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content.  Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from Company or from the copyright holder identified in such Content’s copyright notice.  If you link to the Website, Company may revoke your right to so link at any time, at Company’s sole discretion.  Company reserves the right to require prior written consent before linking to the Website.
You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content.  You understand that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Services.  Additionally, Company cannot guarantee the authenticity of any data which users or merchants may provide about themselves.  You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
3. RESTRICTIONS. You warrant, represent and agree that you will not use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Company; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.  Company reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all.
You are responsible for all of your activity in connection with the Services.  Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services.  You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services.  Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited.  You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that interfere with the proper working of or place an unreasonable load on the Services’ infrastructure.  Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any part of the Service or the Content is strictly prohibited.  You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services.  You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
4. WARRANTY DISCLAIMER. Company has no special relationship with or fiduciary duty to you.  You acknowledge that Company has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.  You release Company from all liability for you having acquired or not acquired Content through the Services.  The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate.  Company makes no representations concerning any content contained in or accessed through the Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.  Company makes no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services.  THE SERVICES, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
5. SUPPORT AND UPGRADES. This Agreement does not entitle you to any support, upgrades, patches, enhancements, or fixes for any portion of the Services or Content (collectively, "Support"). Any such Support that may be made available by Company at its sole discretion shall become part of the Services and subject to this Agreement.
6. PRIVACY POLICY. For information regarding Company’s treatment of personally identifiable information, please review Company’s current Privacy Policy at  [www.snappea.com/privacy], which is hereby incorporated by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by Company’s Privacy Policy.
7. INDEMNITY.  You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
8. LIMITATION OF LIABILITY.  TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL.  SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
9. INTERACTION WITH THIRD PARTIES. The Services may contain links to third party websites, services, and/or content (“Third Party Services”) that are not owned or controlled by Company.  When you access Third Party Services, you do so at your own risk.  You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Services relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement.  Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Services.  In addition, Company will not and cannot monitor, verify, censor or edit the content of any Third Party Services.
By using the Services, you expressly relieve and hold harmless Company from any and all liability arising from your use of any Third Party Services.  Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.  You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.  You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.  If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Company is under no obligation to become involved.  In the event that you have a dispute with one or more other users or third parties, you hereby release Company, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.  If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
10. TERMINATION.  This Agreement shall remain in full force and effect while you use the Services.  You may terminate your use of the Services at any time.  Company may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership.  Company may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement.  Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease.  All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
11. MISCELLANEOUS.  The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.  Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).  If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.  This Agreement is not assignable, transferable or sublicensable by you except with Company’s prior written consent.  Company may transfer, assign or delegate this Agreement and its rights and obligations without consent.  Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.  No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever.  Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.  This Agreement shall be governed by and construed in accordance with the laws of Hong Kong, without regard to the conflict of laws provisions thereof.
12. CONTACT. If you have any questions, complaints, or claims with respect to the Services, you may contact us at hello@snappea.com
Effective: May 1, 2012

Thursday, 21 March 2013

EULA : Adobe Flash Player

ADOBE
Personal Computer Software License Agreement
1. WARRANTY DISCLAIMER, BINDING AGREEMENT AND ADDITIONAL TERMS AND AGREEMENTS.
1.1 WARRANTY DISCLAIMER
.
THE SOFTWARE AND OTHER INFORMATION IS DELIVERED TO YOU
“AS IS” AND WITH ALL FAULTS. ADOBE, ITS SUPPL
IERS AND CERTIFICATION AUTHORITIES DO NOT
AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE
SOFTWARE, CERTIFICATE AUTHORITY SERVICES OR
OTHER THIRD PARTY OFFERINGS. EXCEPT TO
THE EXTENT ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM CANNOT OR MAY NOT BE
EXCLUDED OR LIMITED BY LAW APPLICABLE TO
YOU IN YOUR JURISDICTION, ADOBE AND ITS
SUPPLIERS AND CERTIFICATION AUTHORITIES 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, ME
RCHANTABILITY, INTEGRATION, SATISFACTORY
QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOS
E. THE PROVISIONS OF SECTIONS 1.1 AND 10
SHALL SURVIVE THE TERMINATION OF THIS AGRE
EMENT, HOWSOEVER CAUSED, BUT THIS SHALL
NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO
USE THE SOFTWARE AFTER TERMINATION OF
THIS AGREEMENT.
1.2 BINDING AGREEMENT
: By using, copying or distributing all or any portion of the Adobe
Software, you accept all the terms and conditions of
this agreement, including, in particular, the
provisions on:
-
Use
(Section 3);
-
Transferability
(Section 5);
-
Connectivity
and Privacy
(Section 7), including:
-
Updating
,
-
Local Storage
,
-
Settings Manager
,
-
Peer Assisted Networking Technology
,
-
Content Protection Technology
, and
-
Use of Adobe Online Services
;
-
Warranty Disclaimer
(Section 1.1), and;
-
Liability Limitations
(Sections 10 and 17).
Upon acceptance, this agreement is enforceable
against you and any entity that obtained the
Software and on whose behalf it is used. If
you do not agree, do not Use the Software.
1.3 ADDITIONAL TERMS AND AGREEMENTS
. 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 cond
itions typically found in a separate license
agreement, a “Read Me” file located near such ma
terials or in the “Third Party Software Notices
and/or Additional Terms and Conditions” found at
http://www.adobe.com/go/thirdparty
. Such other
terms and conditions will supersede all or portions of
this agreement in the event of a conflict with
the terms and conditions of this agreement.
2. Definitions.
“Adobe” means Adobe Systems Incorporated, a Dela
ware corporation, 345 Park Avenue, San Jose,
California 95110, if subsection 12(a) of this ag
reement applies; otherwis
e it means Adobe Systems
Software Ireland Limited, 4-6 Riverwalk, Citywest
Business Campus, Dublin 24, Ireland, a company
organized under the laws of Ireland and an affi
liate and licensee of Adob
e Systems Incorporated.
“Compatible Computer” means a Computer that confor
ms to the system requirements of the Software
as specified in the Documentation.
“Computer” means a virtual machine or
physical personal electronic de
vice that accepts information in
digital or similar form and manipulates it for a sp
ecific result based on a sequence of instructions.
“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 soft
ware vendors, which oper
ates depending upon the
use of a full function and full feature set computer op
erating system of the type
(s) then in widespread
use with hardware to operate general purpose la
ptop, desktop, server, and large format tablet
microprocessor based computers. This definition
of Personal Computer shall exclude hardware
products that are designed and/or
marketed to have as their primary purpose any number of the
following: television, television re
ceiver, portable media player, au
dio/video receiver, radio, audio
headphone, audio speaker, personal digital assist
ant (“PDA”), telephone or
similar telephony based
device, game console, personal video recorder (“PVR”),
player for digital versatile disc (“DVD”) or other
optical media, video camera, still camera, camcorder,
video editing and format
conversion device, video
image projection device, and sha
ll further exclude any similar type
of consumer, professional or
industrial device.
“Software” means (a) all of the contents of the files
(delivered electronically or on physical media), or
disk(s) or other media with which this agreement is provided, which may include (i) Adobe or third
party computer information or so
ftware, including Adobe Reader®
(“Adobe Reader”), Adobe® AIR®
(“Adobe AIR”), Adobe Flash® Player
, Shockwave® Player and Authorware
® Player (collectively, Adobe AIR
and the Flash, Shockw
ave and Authorware players are the “Adobe
Runtimes”); (ii) related explanatory
written materials or files (“Documentation”); and
(iii) fonts; and (b) upgrades, modified versions,
updates, additions, and copies of the foregoing, pr
ovided to you by Adobe at any time (collectively,
“Updates”).
“Use” means to access, install, download, copy, or ot
herwise benefit from using the functionality of the
Software.
3. Software License.
If you obtained the Software from Adobe or one
of its authorized licensees, and subject to your
compliance with the terms of this
agreement, including the
restrictions in Section 4, Adobe grants to
you a non-exclusive license to Use the Software in
the manner and for the purposes described in the
Documentation as follows:
3.1 General Use. You may install and Use one copy of
the Software on your Compatible Computer. See
Section 4 for important restrictions on the Use of the Software.
3.2 Server Use. This agreement does not permit you
to install or Use the Software on a computer file
server. For information on Use of Software on
a computer file server please refer to
http://www.adobe.com/go/acrobat_distribute
for information about
Adobe Reader; or
http://www.adobe.com/go/licensing
for information about the Adobe Runtimes.
3.3 Distribution. This license does not grant you the
right to sublicense or di
stribute the Software. For
information about obtaining the right to distribute
the Software on tangible media or through an
internal network or with your pr
oduct or service please refer to
http://www.adobe.com/go/acrobat_distribute
for information about
Adobe Reader; or
http://www.adobe.com/go/licensing
for information about the Adobe Runtimes.
3.4 Backup Copy. You may make one backup copy of the Software, provided your backup copy is not
installed or used other than for ar
chival purposes. You may not transfer the rights to a backup copy
unless you transfer all righ
ts in the Software as provided under Section 5.
4. Obligations and Restrictions.
4.1 Adobe Runtime Restrictions. You will not Use any
Adobe Runtime on any non-PC device or with any
embedded or device version of any operating system.
For the avoidance of doub
t, and by example only,
you may not Use an Adobe Runtime on any (a) mobile device, set top box (STB), handheld, phone,
game console, TV, DVD player, medi
a center (other than with Window
s XP Media Center Edition and its
successors), electronic billboard or
other digital signage, Internet appliance or other Internet-connected
device, PDA, medical device, ATM,
telematic device, gaming machine, home automation system, kiosk,
remote control device, or any other consumer elec
tronics device, (b) operat
or-based mobile, cable,
satellite, or television system or (c) other closed
system device. No right or
license to Use any Adobe
Runtime is granted for such prohibited uses. For
information on Software license terms for non-PC
versions of Adobe Runtimes please visit
http://www.adobe.com/go/runtime_mobile_EULA
. For
information on licensing Adobe Runtimes for
distribution on such systems please visit
http://www.adobe.com/go/licensing
.
4.1.1 AVC Video Restrictions. The Software may cont
ain H.264/AVC video technology, the use of which
requires the following notice from MPEG-LA, L.L.C.:
THIS SOFTWARE IS LICENSED UNDER THE AVC
PATENT PORTFOLIO LICENSE FOR THE PERSONAL
AND NON-COMMERCIAL USE OF A CONSUMER TO (I) ENCODE VIDEO IN COMPLIANCE WITH THE
AVC STANDARD (“AVC VIDEO”) AND/OR (II) DE
CODE AVC VIDEO THAT WAS ENCODED BY A
CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED
FROM A VIDEO PROVIDER LICENSED TO PROVIDE
AVC VIDEO. NO LICENSE IS GRANTED OR SHALL
BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA,
L.L.C. SEE
http://www.adobe.com/go/mpegla
.
4.1.2 H.264/AVC Software Encoding. The H.264/AVC so
ftware encoding functionality available in the
Adobe Runtimes is licensed solely for personal
, non-commercial use. For more information on
obtaining the right to use the H.264/AVC software
encoding functionality for commercial purposes,
please refer to
http://www.adobe.com/go/licensing
.
4.2 Adobe Flash Player Restrictions. You will not use Adobe Flash Player with any application or device
that circumvents technological meas
ures for the protection
of video, audio, an
d/or data content,
including any of Adobe’s secure RTMP measures. No
right or license to use Adobe Flash Player is
granted for such prohibited uses.
4.3 Adobe Reader Restrictions.
4.3.1 Conversion Restrictions. You will not integrate
or use Adobe Reader with
any other software, plug-
in or enhancement that uses or re
lies upon Adobe Reader when conv
erting or transforming PDF files
into a different format (e.g., a PDF fi
le into a TIFF, JPEG, or SVG file).
4.3.2 Plug-in Restrictions. You will not integrate or use Adobe Reader with any plug-in software not
developed in accordance with the
Adobe Integration Key License Agreement, more information can be
found at
http://www.adobe.com/go/rikla_program
.
4.3.3 Disabled Features. Adobe Reader may contain feat
ures or functionalities that are hidden or appear
disabled or “grayed out” (the “Disabled Features”). Di
sabled Features will activate only when opening a
PDF document that was created using enabling tec
hnology available only fr
om Adobe. You will not
access, or attempt to access, any Disabled Featur
es other than through th
e use of such enabling
technologies, nor will you rely on Adobe Reader to cr
eate a feature substantially similar to any Disabled
Feature or otherwise circumvent the
technology that controls activation of any such feature. For more
information on disabled fe
atures, please refer to
http://www.adobe.com/go/readerextensions
.
4.4 Notices. You shall not alter or remove any copyri
ght or other proprietary no
tice that appears on or
in the Software.
4.5 No Modification or Reverse Engi
neering. You shall not modify, adapt,
translate, or create derivative
works based upon the Software. You shall not revers
e 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 at the end of th
is agreement under the
header “European Union
Provisions,” in Section 16.
5. 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 anot
her user’s Computer except as may be expressly
permitted by this agreement. You may, however, transf
er all your rights to Use the Software to another
person or legal entity provided that: (a) you also tran
sfer (i) this agreement, an
d (ii) the Software and all
other software or hardware bundled or pre-installe
d with the Software, includ
ing 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 obtained a valid license to the Software.
Notwithstanding the foregoing, you may not transfer ed
ucation, pre-release, or not for resale copies of
the Software.
6. Intellectual Property Ownership, Reservation of Rights.
The Software and any authorized co
pies that you make are the intelle
ctual property of Adobe and its
suppliers. The structure, organization, and code of th
e Software are the valuable intellectually property
(e.g. trade secrets and confidential
information) of Adobe and its suppliers. The Software is protected by
law, including without
limitation the copyright laws of the Un
ited States and othe
r countries, and by
international treaty provisions. Except as expressly
stated herein, this agreem
ent does not grant you any
intellectual property rights in the
Software and all rights not expre
ssly granted are reserved by Adobe
and its suppliers.
7. Connectivity and Privacy. You acknowledge and agree to the following:
7.1 Use of PDF Files. When you Use the Software to
open a PDF file that has
been enabled to display
ads, your Computer may connect to a website operated
by Adobe, an advertiser
, or other third party.
Your Internet Protocol address (“IP
Address”) is sent when this happe
ns. The party host
ing the site may
use technology to send (or “serve”)
advertising or other electronic cont
ent that appears in or near the
opened PDF file. The website operat
or may also use JavaScript, web be
acons (also known
as action tags
or single-pixel gifs), and other technologies to incr
ease and measure the effect
iveness of advertisements
and to personalize advertising content. Your communi
cation with Adobe websit
es is governed by the
Adobe Online Privacy Policy found at
http://www.adobe.com/go/privacy
(“Adobe Online Privacy
Policy”). Adobe may not have access to or control ov
er features that a thir
d party may use, and the
information practices of third party websites are not covered by the Adobe Online Privacy Policy.
7.2 Updating. If your Computer is connected to th
e Internet, the Software
may, without additional
notice, check for Updates that are available for auto
matic download and installation to your Computer
and let Adobe know the Software is successfully in
stalled. For Reader, Updates may be automatically
downloaded but not installed without
additional notice unless you chan
ge your preferences to accept
automatic installation. Only non-personally identify
ing information is transmitted to Adobe when this
happens, except to the extent that
IP Addresses may be considered
personally identifiable in some
jurisdictions. The use of such information, including
your IP Address, as prov
ided by the auto update
process is governed by the Adob
e Online Privacy Policy. Please
consult the Documentation for
information about changing
default update settings at
http://www.adobe.com/go/settingsmanager
for
Flash Player,
http://www.adobe.com/
go/update_details_url
(or successor website) for Reader, and
http://www.adobe.com/g
o/air_update_details
for Adobe AIR.
7.3 Local Storage. Flash Player and Adobe AIR may a
llow third parties to store certain information on
your Computer in a local data file known as a loca
l shared object. The type
and amount of information
that the third party application requests to be stored
in a local shared object can vary by application and
such requests are controlled by the third party. To
find more information on local shared objects and
learn how to limit or control the storage of loca
l shared objects on your Computer, please visit
http://www.adobe.com/go/flashplayer_security
.
7.4 Settings Manager. Flash Player and third-party programs using Adobe AIR may save certain user
settings by storing them on your Computer as a
local shared object. These settings do not contain
personally identifiable information
associated with you. They are asso
ciated with the in
stance of Flash
Player or the third-party progra
m using Adobe AIR on your Comput
er, allowing you to customize
runtime features. The Flash Player
Settings Manager permits you to modi
fy such settings, including the
ability to limit third parties from storing local shar
ed objects or grant third party content the right to
access your computer’s microphone and camera. You
can find more information on how to configure
settings in your version of Flash Player, including
information on how to disable local shared objects
using the Flash Player Settings Manager, at
http://www.adobe.com/go/settingsmanager
. You can
remove equivalent settings for th
ird-party programs using Adobe AIR
by uninstalling the third-party
program.
7.5 Peer Assisted Networking Te
chnology. Adobe Flash Player and
Adobe AIR runtimes provide the
ability for applications built by third parties to conn
ect to an Adobe Server or Service and permit direct
communication between two Adobe Runtime clients or to
connect an Adobe Runtime client as part of a
peer or distributed network that allows a portion of
your resources, such as network bandwidth, to be
made directly available to other participants. Prior to
joining such peer or di
stributed network, you will
be provided with the opportunit
y to accept such connectivity. You can manage Peer Assisted
Networking settings using the Flash Player Setting
s Manager. Learn more about using the Settings
Manager at
http://www.adobe.com/go/settingsmanager
. You can find more information on Peer
Assisted Networking at
http://www.adobe.com/go/RTMFP
.
7.6 Content Protection Technology
. If you Use the Adobe Runtimes
to access content that has been
protected with Adobe Flash Media Rights Management Server or Flash Access software (“Content
Protection”), in order to let you play the protecte
d content, the Software may automatically request
media usage rights and individualiz
ation from a server on the Intern
et, and may download and install
required components of the Softwa
re, including any available Conten
t Protection Updates. You can
clear the content license information using the Flash Player Settings Manager. Learn more about using
the Settings Manager at
http://www.adobe.com/go/settingsmanager
. You can find more information on
Content Protection at
http://www.adobe.com/g
o/protected_content
.
7.7 Use of Adobe Online Services. If your Computer
is connected to the Inte
rnet, the Software may,
without additional noti
ce and on an intermittent or regular basi
s, facilitate your access to content and
services that are hosted on websit
es maintained by Adobe or its affi
liates (“Adobe Online Services”).
Examples of such Adobe Online Se
rvices might include, but are not
limited to: Acrobat.com. In some
cases an Adobe Online Service might appear as a feat
ure or extension within th
e Software even though
it is hosted on a website. In some cases, access
to an Adobe Online Servic
e might require a separate
subscription or other fee in order to access it, and/
or your assent to additi
onal terms of use. Adobe
Online Services might not be available in all languages or to residents of all countries and Adobe may, at
any time and for any reason, modify
or discontinue the avai
lability of any Adobe Online Service. Adobe
also reserves the right to begin char
ging a fee for access to or use of
an Adobe Online Service that was
previously offered at no charge. If your Computer
is connected to the Inte
rnet, the Software may,
without additional notice, update
downloadable materials from these
Adobe Online Services so as to
provide immediate availability of
these Adobe Online Services even
when you are offline. When the
Software connects to the Internet as a function of an
Adobe Online Service, your IP Address, user name,
and password may be sent to Adobe’s servers and st
ored by Adobe in accordan
ce with the Additional
Terms of Use or the “help” menu in
the Software. This information may be used by Adobe to send you
transactional messages to facilitate the Adobe Online
Service. Adobe may display in-product marketing
to provide information about the Software and othe
r Adobe products and Services, including but not
limited to Adobe Online Services, based on certain So
ftware specific features including but not limited
to, the version of the Software, incl
uding without limitation, platform
version, version of the Software,
and language. For further informatio
n about in-product marketing, plea
se see the “help” menu in the
Software. Whenever the Software makes an Intern
et connection and communicates with an Adobe
website, whether automatically or
due to explicit user request, the
Adobe Online Privacy Policy shall
apply. Additionally, unless you are provided with se
parate terms of use at that time, the Adobe.com
Terms of Use (
http://www.adobe.com/go/terms
) shall apply. Please note that the Adobe Privacy Policy
allows tracking of website visits and it addresses in
detail the topic of tracking
and use of cookies, web
beacons, and similar devices.
8. Third Party Offerings. You acknowledge and agree to the following:
8.1 Third Party Offerings. The Software may allow
you to access and interoperate with third party
content, software applications, and data services,
including rich Internet applications (“Third Party
Offerings”). Your access to and use of any Third
Party Offering, including
any goods, services, or
information, is governed by the terms and conditions
respecting such offerings and copyright laws of the
United States and other countries. Third Party Offeri
ngs are not owned or provid
ed by Adobe. You agree
that you will not use any of
such Third Party Offerings in violation of
copyright laws of the United States
or other countries.
Adobe or the third party may at any time,
for any reason, modify or discontinue the
availability of any Third Party Offe
rings. Adobe does not control, endo
rse, or accept responsibility for
Third Party Offerings. Any dealings between you an
d any third party in conne
ction with a Third Party
Offerings, including such party’s pr
ivacy policies and use of your pers
onal information, delivery of and
payment for goods and services, and any other term
s, conditions, warranties, or representations
associated with such dealings, are
solely between you and such third
party. Third Party Offerings might
not be available in all languages or to residents of
all countries and Adobe or th
e third party may, at any
time and for any reason, modify or discontinue
the availability of any Third Party Offerings.
8.2 EXCEPT AS EXPRESSLY AGREED BY ADOBE OR ITS AFFILIATES OR A THIRD PARTY IN A SEPARATE
AGREEMENT, YOUR USE OF ADOBE AND THIRD PA
RTY OFFERINGS IS AT YOUR OWN RISK UNDER
THE WARRANTY AND LIABILITY LIMITATIONS OF SECTIONS 1.1 AND 10.
9. Digital Certificates. You acknowledge and agree to the following:
9.1 Use. Adobe AIR uses digital cert
ificates to help you identify the publisher of Adobe AIR applications
created by third parties. Additiona
lly, Adobe AIR uses digita
l certificates to establish the identity of
servers accessed via the Transport
Layer Security (TLS) protocol, including access via HTTPS. Adobe
Reader uses digital certificates to sign and valida
te signatures within PDF documents and to validate
certified PDF documents. Adobe Runtimes use digita
l certificates to secure protected content from
unauthorized usage. Your
Computer may connect to the Internet at the time of validation of a digital
certificate in order to download current certificate revo
cation lists (CRLs) or to update the list of digital
certificates. This access may be made both by the So
ftware and by applications based on the Software.
Digital certificates are issued by third party certif
icate authorities, including Adobe Certified Document
Services (CDS) vendors listed at
http://www.adobe.com/go/partners_cds
and Adobe Approved Trust
List (AATL) vendors listed at
http://www.adobe.com/go/aatl
, and individualization vendors found at
http://www.adobe.com/g
o/protected_content
(collectively “Certification Authorities”), or can be self-
signed.
9.2 Terms and Conditions. Purchase, use and reliance up
on digital certificates are the responsibility of
you and a Certification Authority. Before you rely
upon any certified document
, digital signature, or
Certification Authority services, you should review th
e applicable terms and conditions under which the
relevant Certification Authority provides services,
including, for example, an
y subscriber agreements,
relying party agreements, certificate policies
, and practice statements. See the links on
http://www.adobe.com/go/partners_cds
for information about Adobe’s CDS vendors and
http://www.adobe.com/go/aatl
for information about Adobe’s AATL vendors.
9.3 Acknowledgement. You ag
ree that (a) a digital cert
ificate may have been revoked prior to the time
of verification, making the digital si
gnature or certificate appear valid
when in fact it is not, (b) the
security or integrity of a digital certificate may be
compromised due to an act or
omission by the signer
of the document, the applicable Certification Authority, or any other third party, and (c) a certificate may
be a self-signed certificate not provided by a Certification Authority. YOU ARE SOLELY RESPONSIBLE
FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE. UNLESS A SEPARATE WRITTEN
WARRANTY IS PROVIDED TO YOU BY A CERTIFICATION AUTHORITY, YOU USE DIGITAL
CERTIFICATES AT YOUR SOLE RISK.
9.4 Third Party Beneficiaries. You ag
ree that any Certification Authorit
y you rely upon is a third party
beneficiary of this agreemen
t and shall have the right to enforce this
agreement in its own name as if it
were Adobe.
9.5 Indemnity. You agree to hold Adobe and any appl
icable Certification Authority (except as expressly
provided in its terms and conditions) harmless from an
y 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, by you or any th
ird party that receives a document fr
om you with a digi
tal certificate,
any service of such authority, in
cluding, without limitation (a) re
liance on an expired or revoked
certificate, (b) improper verification of a certificate, (c) use of a certificate other than as permitted by any
applicable terms and conditions, this
agreement, or applicable law; (d
) failure to exercise reasonable
judgment under the circumstances in relying on issuer
services or certificates, or (e) failure to perform
any of the obligations as required in the te
rms and conditions related to the services.
10. Limitation of Liability.
IN NO EVENT WILL ADOBE, ITS SUPPLIERS, OR CERTIFICATION AUTHORITIES BE LIABLE TO YOU FOR
ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT,
INCIDENTAL DAMAGES, OR ANY LOST PROFIT
S OR LOST SAVINGS, EVEN IF AN ADOBE
REPRESENTATIVE HAS BEEN ADVISE
D OF THE POSSIBILITY OF SUCH
LOSS, DAMAGES, OR CLAIMS.
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 AND
CERTIFICATION AUTHORITIES 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 th
e 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 and Certification Authorities for
the purpose of disclaiming, excluding,
and/or limiting obligations, warran
ties, 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 informatio
n at the end of this ag
reement, if any, or contact Adobe’s Customer
Support Department.
11. Export Rules.
You agree that the Software will not be shipped, transf
erred, or exported into any country or used in any
manner prohibited by the United States Export Admini
stration Act or any other
export laws, restrictions,
or regulations (collectivel
y 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, Syria, Sudan, Cuba,
and North Korea) and that you are not otherwise pr
ohibited 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.
12. Governing Law.
If you are a consumer who uses the Software for
only personal non-business purposes, then this
agreement will be governed by th
e laws of the state in which you
purchased the license to use the
Software. If you are not such a consumer, this
agreement will be governed
by and construed in
accordance with the substantive laws in force in: (a) th
e State of California, if a
license to the Software is
obtained when you are in th
e United States, Canada, or Mexico; or (b
) Japan, if a license to the Software
is obtained when you are in Japan;
or (c) Singapore, if a license to the Software is obtained when you
are in a member state of
the Association of Southeast Asian Nati
ons, the People’s Republic of China
(including Hong Kong S.A.R. and Macau S.A.R.), Taiwan
, or the Republic of Kore
a; or (d) England, if a
license to the Software is obtained
when you are in any ju
risdiction 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
London, England, when the
law of England applies,
shall each have non-exclusive jurisd
iction over all disputes relating
to this agreement. When Singapore
law applies, any dispute arising out
of or in connection
with this agreement, including any question
regarding its existence, validity, or
termination, shall be referred to and
finally resolved by arbitration in
Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre
(“SIAC”) for the time being in force, which rules are
deemed to be incorporated by reference in this
section. There shall be one arbitrator
, selected jointly by the parties. If the arbitrator is not selected
within thirty (30) days of the written demand by a
party to submit to arbitration, the Chairman of the
SIAC shall make the selection. The language of th
e arbitration shall be English. Notwithstanding any
provision in this agreemen
t, Adobe or you may request any judicial
, administrative, or other authority to
order any provisional or conservatory
measure, including inju
nctive relief, specific
performance, or other
equitable relief, prior to the instit
ution of legal or arbitration proceed
ings, or during the proceedings, for
the preservation of its rights and interests or to en
force specific terms that are suitable for provisional
remedies. The English version of
this agreement will be the versio
n used when interpreting or
construing this agreement.
This agreement will not be governed
by the conflict of law rules of any
jurisdiction or the United Nation
s Convention on Contracts for the
International Sale of Goods, the
application of which is expressly excluded.
13. General Provisions.
If any part of this agreement is found void and unenfo
rceable, it will not affect the validity of the balance
of this agreement, which
shall remain valid and enforceable accord
ing to its terms. Th
is agreement shall
not prejudice the statutory rights
of any party dealing as a consum
er. This agreement may only be
modified by a writing signed by an authorized offi
cer 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 represen
tations, discussions, unde
rtakings, communications,
or advertising relating to the Software.
14. Notice to U.S. Government End Users.
For U.S. Government End Users, Ad
obe agrees to comply with all a
pplicable 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 cont
ained in the preceding sentence
shall be incorporated by re
ference in this agreement.
15. Compliance with Licenses.
If you are a business or organiza
tion, 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 conf
ormity with your valid
licenses from Adobe. 
 
 
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