Wednesday, 17 April 2013
CPUID CPU-Z END-USER LICENSE AGREEMENT (EULA)
CPUID CPU-Z END-USER LICENSE AGREEMENT (EULA)
IMPORTANT - PLEASE READ CAREFULLY
This End-User License Agreement is a legal agreement between you (either an individual or a single entity) and CPUID for the CPUID software product identified above, which includes computer software and associated media and printed materials, and may include online or electronic documentation.
By installing, copying, or otherwise using CPU-Z, you agree to be bound by the terms of this agreement.
1. CPUID CPU-Z PRODUCT LICENSE
CPUID CPU-Z is a free software : you can freely use it and redistribute it.
CPUID CPU-Z is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
For further information, please contact:
CPUID
26 SQUARE DES TAMARIS
59495 LEFFRINCKOUCKE
FRANCE
1.1. COPYRIGHT
CPUID is the sole developer and owner of CPUID CPU-Z. You, as user of CPUID CPU-Z, acknowledge and agree that CPUID CPU-Z is a proprietary product of CPUID under the French and European copyright laws and prevailing copyright laws throughout the world. You further acknowledge and agree that all right, title, and interest in and to CPUID CPU-Z, including associated intellectual property rights, are and shall remain with CPUID, and you agree not to contest CPUID's ownership or the validity of CPUID's rights.
This License Agreement does not convey to you an interest in or to CPUID CPU-Z, but only a limited right to use the work, which is revocable in accordance with the terms of this License Agreement.
You assume responsibility for the selection of this program to achieve your intended results, and for its installation and subsequent use.
1.2 SOFTWARE DEFECT REPORTING
If you find software defects in CPUID CPU-Z, you should report them to cpuz@cpuid.com. CPUID will evaluate them and, at its sole discretion, may address them in a future revision of CPUID CPU-Z.
1.3. UPDATES
The CPUID CPU-Z updates (including, but not limited to : bug fixes, upgrades, hot fixes, enhancements, modifications, new releases) are provided in the sole discretion of CPUID.
If CPUID does provide you with any updates, such updates shall be subject to the terms and conditions of this Agreement (including the License) or such agreement, if any, which accompanies such updates.
2. RIGHTS OF CPUID
You acknowledge and agree that CPUID CPU-Z contains proprietary material of CPUID protected under French and International copyright, trademark, and trade secret laws and conventions. All right, title, and interest in CPUID CPU-Z are, and shall remain, with CPUID.
This Agreement does not convey to you any title or interest in and to CPUID CPU-Z only the limited right of use which may be terminated as provided for herein.
3. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED "AS IS." CPUID AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THIS SOFWARE OR SUCH FILES. CPUID AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO TITLE OR INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. The entire risk as to the quality and performance of CPUID CPU-Z is with you.
Should CPUID CPU-Z prove defective, you (and not CPUID or any authorized dealers of CPUID products) assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The foregoing does not affect or prejudice your statutory rights.
Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it.
4. LIMITATION OF LIABILITY
IN NO EVENT WILL CPUID BE LIABLE FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, CLAIMS OR ACTIONS, ARISING OUT OF THE USE OR INABILITY TO USE CPUID CPU-Z, EVEN IF CPUID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR ACTIONS. FURTHER, IN NO EVENT WILL CPUID BE LIABLE FOR ANY CLAIMS BY ANY OTHER PARTY ARISING OUT OF YOUR USE OF CPUID CPU-Z.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Nothing contained in this Agreement shall prejudice the statutory rights of any party dealing as a consumer.
5. INDEMNIFICATION
You agree to indemnify, defend, and hold CPUID harmless from and against any claims or lawsuits, including costs and attorneys fees, that arise or result from the use of CPUID CPU-Z, provided CPUID gives you prompt written notice of any such claim, tenders to you the defense or settlement of such a claim at your expense and cooperates with you at your expense in defending or settling such claim.
6. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of France. Any legal proceedings arising under this Agreement shall be instituted only in the courts of France.
The parties opt out of the United Nations Convention on the Sale of Goods and choose the laws of the France to apply to the Agreement and performance hereunder.
7. SEVERABILITY
Should any term of this Agreement be declared invalid, illegal, void, or not enforceable by any court of competent jurisdiction, such provision shall be severed from this Agreement, and the remaining terms shall remain in full force and effect.
8. WAIVER
The waiver or failure of either party to exercise or enforce in any respect any of its rights provided for in this Agreement or take action against the other party in the event of a breach of this Agreement shall not be deemed a waiver of any further right under this Agreement by such party or the right to subsequent enforcement of its rights or actions in the event of subsequent or the same breaches by the other party.
Should you have any questions concerning this Agreement, you may contact CPUID by writing :
CPUID
26 SQUARE DES TAMARIS
59495 LEFFRINCKOUCKE
FRANCE
9. TRADEMARKS
The names of companies and products mentioned on the Site or in the Materials may be the trademarks of their respective owners.
10. COMPLETE AGREEMENT
BY USING THIS SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND CPUID REGARDING THE SUBJECT MATTER HEREOF AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND CPUID RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
11. OPTIONAL SUPPORT SERVICES
At your option and expense, and under a separate agreement, CPUID may provide you with support services related to your use of CPUID CPU-Z.
Any supplemental software code provided to you as part of the support services shall be considered part of CPUID CPU-Z and subject to the terms and conditions of this License Agreement.
12. PRIVACY POLICY
Please consult CPUID Privacy Policy at http://www.cpuid.com/privacy-policy.html
13. TERMS OF SERVICE
Please consult CPUID Terms Of Service at http://www.cpuid.com/terms-of-service.html
14. CPUID CPU-Z UNINSTALL INSTRUCTIONS
In order to remove CPUID CPU-Z from your system, select Programs from Start button, CPUID, CPU-Z, and choose "Uninstall CPU-Z". You can do the same from Control Panel, "Add and Remove Programs".
Tuesday, 16 April 2013
AMD License Agreement
IMPORTANT — READ CAREFULLY: Do not load
this Software until you have carefully read and agreed to the following
terms and conditions. This is a legal agreement (“Agreement”) between
you (either an individual or an entity) (you or “Licensee”) and Advanced
Micro Devices, Inc. (“AMD”). If Licensee does not agree to the terms of
this Agreement, do not install or use this Software or any portion
thereof. By loading or using this software that mayinclude associated
media, printed Software, and online or electronic documentation or any
portion thereof that is made available to install (“Software”), Licensee
agrees to all of the terms of this Agreement.
1. License. The software accompanying this License (hereinafter “Software”), regardless of the form in which it is distributed, is licensed to you by Advanced Micro Devices, Inc. You own the medium on which the Software is recorded, but Advanced Micro Devices, Inc. and, if applicable, its Licensors (referred to collectively as “AMD”) retain title to the Software and related documentation. You may:a) make a copy of the Software in machine-readable form for backup purposes. You must reproduce on such copy AMD’s copyright notice and any other proprietary legends that were on the original copy of the Software;b) transfer all your license rights in the Software to a third party provided you must also transfer a copy of this License, the backup copy of the Software and the related documentation and provided the other party reads and agrees to accept the terms and conditions of this License. Upon such transfer your license is then terminated; andc) make and distribute copies of the Software within your organization, provided that you agree to include all copyright legends and other legal notices that may appear in the Software, as well as this Software License Agreement in its entirety, in each copy of the Software that is made or distributed.
2. Restrictions. The Software contains copyrighted and patented material, trade secrets and other proprietary material. In order to protect them, and except as permitted by applicable legislation, you may not:a) decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form;b) modify, network, rent, lend, loan, distribute or create derivative works based upon the Software in whole or in part; orc) electronically transmit the Software from one computer to another or over a network or otherwise transfer the Software except as permitted by this License.
3 OWNERSHIP AND COPYRIGHT OF SOFTWARE: The Software is owned by AMD and is protected by United States and foreign intellectual property laws (e.g. patent and copyright laws) and international treaty provisions. Licensee will not remove the copyright notice from the Software. Licensee agrees to prevent any unauthorized copying of the Software. All title and copyrights in and to the Software, all copies thereof (in whole or in part, and in any form), and all rights therein shall remain vested in AMD. Except as expressly provided herein, AMD does not grant any express or implied right to Licensee under AMD patents, copyrights, trademarks, or trade secret information. All rights in and to the Software not expressly granted to Licensee in this Agreement are reserved to AMD.
4. SUPPORT: Under this Agreement, AMD is under no obligation to assist in the use of this Software, to provide support to licensees of the Software, or to provide maintenance, correction, modification, enhancement, or upgrades to the Software. AMD may provide such support, maintenance, correction, modification, enhancement or upgrades in a media determined by AMD and AMD shall have no obligation to notify Licensee thereof. Additionally, such support, maintenance, correction, modification, enhancement, or upgrades shall be considered part of the Software, and shall be subject to this Agreement.
5. Termination. This License is effective until terminated. You may terminate this License at any time by destroying the Software, related documentation and all copies thereof. This License will terminate immediately without notice from AMD if you fail to comply with any provision of this License. Upon termination you must destroy the Software, related documentation and all copies thereof.
6. Government End Users. If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees the Software and documentation were developed at private expense and are provided with “RESTRICTED RIGHTS”. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (Oct 1988), FAR 12.212(a)(1995), FAR 52.227-19, (June 1987) or FAR 52.227-14(ALT III) (June 1987),as amended from time to time. In the event that this License, or any part thereof, is deemed inconsistent with the minimum rights identified in the Restricted Rights provisions, the minimum rights shall prevail.
7. EXPORT ASSURANCES: Licensee agrees and certifies that neither the Software, nor any direct product thereof will be exported, directly or indirectly, into any country prohibited by the United States Export Administration Act and the regulations thereunder without the required authorization from the United States government nor will it be used for any purpose prohibited by the same.
8. No Other License. No rights or licenses are granted by AMD under this License, expressly or by implication, with respect to any proprietary information or patent, copyright, trade secret or other intellectual property right owned or controlled by AMD, except as expressly provided in this License.
9. Additional Licenses. DISTRIBUTION OR USE OF THE SOFTWARE WITH AN OPERATING SYSTEM MAY REQUIRE ADDITIONAL LICENSES FROM THE OPERATING SYSTEM VENDOR.
10. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software and related documentation are provided “AS IS” and without warranty of any kind and AMD EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AMD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. FURTHERMORE, AMD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AMD OR AMD’S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT AMD OR AMD’S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE SOFTWARE IS NOT INTENDED FOR USE IN MEDICAL, LIFE SAVING OR LIFE SUSTAINING APPLICATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
11. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL AMD, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, BREACH OR DEFAULT, INCLUDING THOSE ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT, BY AMD, EVEN IF AMD OR AMD’S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. AMD will not be liable for 1) loss of, or damage to, your records or data or 2) any damages claimed by you based on any third party claim. In no event shall AMD’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Software.
12. Controlling Law and Severability. This License shall be governed by and construed under the laws of the state of California without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and United States law, rules, and regulations, United States rules and regulations shall prevail and govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this License. If for any reason a court of competent jurisdiction finds any provision of this License or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
13. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of AMD.
This software may be used for any purpose but may not be re-sold in original or modified form.
http://developer.amd.com/amd-license-agreement/?f=AMD-APP-SDK-v2.8-lnx64.tgz
1. License. The software accompanying this License (hereinafter “Software”), regardless of the form in which it is distributed, is licensed to you by Advanced Micro Devices, Inc. You own the medium on which the Software is recorded, but Advanced Micro Devices, Inc. and, if applicable, its Licensors (referred to collectively as “AMD”) retain title to the Software and related documentation. You may:a) make a copy of the Software in machine-readable form for backup purposes. You must reproduce on such copy AMD’s copyright notice and any other proprietary legends that were on the original copy of the Software;b) transfer all your license rights in the Software to a third party provided you must also transfer a copy of this License, the backup copy of the Software and the related documentation and provided the other party reads and agrees to accept the terms and conditions of this License. Upon such transfer your license is then terminated; andc) make and distribute copies of the Software within your organization, provided that you agree to include all copyright legends and other legal notices that may appear in the Software, as well as this Software License Agreement in its entirety, in each copy of the Software that is made or distributed.
2. Restrictions. The Software contains copyrighted and patented material, trade secrets and other proprietary material. In order to protect them, and except as permitted by applicable legislation, you may not:a) decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form;b) modify, network, rent, lend, loan, distribute or create derivative works based upon the Software in whole or in part; orc) electronically transmit the Software from one computer to another or over a network or otherwise transfer the Software except as permitted by this License.
3 OWNERSHIP AND COPYRIGHT OF SOFTWARE: The Software is owned by AMD and is protected by United States and foreign intellectual property laws (e.g. patent and copyright laws) and international treaty provisions. Licensee will not remove the copyright notice from the Software. Licensee agrees to prevent any unauthorized copying of the Software. All title and copyrights in and to the Software, all copies thereof (in whole or in part, and in any form), and all rights therein shall remain vested in AMD. Except as expressly provided herein, AMD does not grant any express or implied right to Licensee under AMD patents, copyrights, trademarks, or trade secret information. All rights in and to the Software not expressly granted to Licensee in this Agreement are reserved to AMD.
4. SUPPORT: Under this Agreement, AMD is under no obligation to assist in the use of this Software, to provide support to licensees of the Software, or to provide maintenance, correction, modification, enhancement, or upgrades to the Software. AMD may provide such support, maintenance, correction, modification, enhancement or upgrades in a media determined by AMD and AMD shall have no obligation to notify Licensee thereof. Additionally, such support, maintenance, correction, modification, enhancement, or upgrades shall be considered part of the Software, and shall be subject to this Agreement.
5. Termination. This License is effective until terminated. You may terminate this License at any time by destroying the Software, related documentation and all copies thereof. This License will terminate immediately without notice from AMD if you fail to comply with any provision of this License. Upon termination you must destroy the Software, related documentation and all copies thereof.
6. Government End Users. If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees the Software and documentation were developed at private expense and are provided with “RESTRICTED RIGHTS”. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (Oct 1988), FAR 12.212(a)(1995), FAR 52.227-19, (June 1987) or FAR 52.227-14(ALT III) (June 1987),as amended from time to time. In the event that this License, or any part thereof, is deemed inconsistent with the minimum rights identified in the Restricted Rights provisions, the minimum rights shall prevail.
7. EXPORT ASSURANCES: Licensee agrees and certifies that neither the Software, nor any direct product thereof will be exported, directly or indirectly, into any country prohibited by the United States Export Administration Act and the regulations thereunder without the required authorization from the United States government nor will it be used for any purpose prohibited by the same.
8. No Other License. No rights or licenses are granted by AMD under this License, expressly or by implication, with respect to any proprietary information or patent, copyright, trade secret or other intellectual property right owned or controlled by AMD, except as expressly provided in this License.
9. Additional Licenses. DISTRIBUTION OR USE OF THE SOFTWARE WITH AN OPERATING SYSTEM MAY REQUIRE ADDITIONAL LICENSES FROM THE OPERATING SYSTEM VENDOR.
10. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of the Software is at your sole risk. The Software and related documentation are provided “AS IS” and without warranty of any kind and AMD EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AMD DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. FURTHERMORE, AMD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AMD OR AMD’S AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT AMD OR AMD’S AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE SOFTWARE IS NOT INTENDED FOR USE IN MEDICAL, LIFE SAVING OR LIFE SUSTAINING APPLICATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
11. Limitation of Liability. UNDER NO CIRCUMSTANCES INCLUDING NEGLIGENCE, SHALL AMD, OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THE SOFTWARE OR RELATED DOCUMENTATION, BREACH OR DEFAULT, INCLUDING THOSE ARISING FROM INFRINGEMENT OR ALLEGED INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT, BY AMD, EVEN IF AMD OR AMD’S AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. AMD will not be liable for 1) loss of, or damage to, your records or data or 2) any damages claimed by you based on any third party claim. In no event shall AMD’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Software.
12. Controlling Law and Severability. This License shall be governed by and construed under the laws of the state of California without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and United States law, rules, and regulations, United States rules and regulations shall prevail and govern. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this License. If for any reason a court of competent jurisdiction finds any provision of this License or portion thereof, to be unenforceable, that provision of the License shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this License shall continue in full force and effect.
13. Complete Agreement. This License constitutes the entire agreement between the parties with respect to the use of the Software and the related documentation, and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by a duly authorized representative of AMD.
This software may be used for any purpose but may not be re-sold in original or modified form.
http://developer.amd.com/amd-license-agreement/?f=AMD-APP-SDK-v2.8-lnx64.tgz
Wednesday, 10 April 2013
LINE Software Terms and Conditions of Use
LINE Software Terms and Conditions of Use
This terms and conditions of use (hereinafter referred to as the “Terms and Condition”) defines the conditions between LINE Corporation (hereinafter referred to as the “Company”) and users in regards to the use of websites, software, applications, products, documents and other products and services (hereinafter referred to as the “Service”) provided to users under the “LINE Software” name or in relations to “LINE Software”.
Article 1. Agreement to Terms and Conditions of Use
The user must use the Service according to the provisions in the Terms and Conditions. The user cannot use the Service unless he/she agrees to the Terms and Conditions. The user is deemed to have agreed to the Terms and Conditions once he/she clicks the ‘Agree’ button that is displayed on the screen when installing the Service.
Article 2. Other Applicable Rules
LINE Terms and Conditions of Use and LINE Privacy Policy will also apply whenever the user uses LINE..
Article 3. Collection of Information
The Company collects the user’s computer name in order to determine the terminal used to access the Service.
The personal information of the user will be treated in accordance with this Article and the LINE Privacy Policy.
Article 4. Approval to Use Software
1. The Company allows the nonexclusive use of the software in relation to the Service (hereinafter referred to as the “Software” and includes software that is newly provided due to future upgrades) provided by the Company for user who download the Software for the use of the Service under the condition that the user abides by the Terms and Conditions. The copyright to the Software and any associated rights will belong to the Company.
2. The Company cannot guarantee that the Software is free of any actual or legal defects (including but not limited to stability, reliability, accuracy, completeness, validity, suitability for a specific purpose, security related defects, errors or bugs, infringement of rights etc.).
3. The user must not conduct the following actions when using the Software, unless the user has separately obtained evident approval from the Company.
(1) Copy the whole or part of the Software.
(2) Modify the whole or part of the Software’s features, text and/or program source code.
(3) Disassemble or decompile the whole or part of the Software, or attempt to decipher the whole or part of the Software.
(4) Assign, lend, or license the Software to a third party.
(5) Use the Software for advertising, commercial purposes, or solicitation.
(6) Violate a law, judgment, judicial ruling, court order, or binding regulation.
(7) Violate the rights of the Company or of any third party (including, copyright, trademark, patent or similar intellectual property rights, right of reputation, right to privacy, or any other right arising at law or by contract).
(8) Interfere with or obstruct the Company’s operation of the Service or other users’ use of the Service.
(9) Aid or encourage any of the actions mentioned in items (1) through (8) above.
(10) Any other use of the Service that the Company deems inappropriate.
4. The Company may modify the whole or part of the Service, as well as terminate the Service, when the Company deems necessary, without providing prior notification to users (including, but not limited to, updates to the Software).
5. The Software may contain software which is under the open source license or a modification of such software (hereinafter referred to as ‘Open Source Software’). Licenses are applied in accordance to the conditions of the licenses (hereinafter referred to as ‘Open Source License’) that are applied to the Open Source Software. The Terms and Conditions does not limit the user’s rights based on each Open Source License, and does not grant rights that can replace the rights granted by the Open Source Software. In the event of a provision resulting in a conflict between the Terms and Conditions and the Open Source License, the provision in the Open Source License supersedes the Terms and Conditions.
Article 5. The Company’s Exemption from Liability
1. The Company shall not be responsible for any damages inflicted upon users in relation to the use of the Service. However, if the agreement (including but not limited to the Terms and Conditions) between the Company and user regarding the Service shall be deemed as a consumer contract under the Consumer Contract Law in Japan, then this exemption clause shall not be applied.
2. Notwithstanding the condition stated in clause 1 above, the Company shall not be responsible for any indirect, special, incidental, consequential or punitive damages (including but not limited to such damages that the Company or user predicted, or could have predicted) with respect to the Company’s contractual default or act of tort due to the Company's negligence (except for gross negligence). The compensation for ordinary damages in respect to the Company’s contractual default or act of tort due to the Company's negligence (except for gross negligence) shall be limited to the total amount of expenses incurred by the user in order to use the Service in the particular calendar month in which such damages occurred.
Article 6. Modification of the Terms and Conditions of Use
The Company may modify the Terms and Conditions when the Company deems necessary, without providing prior notification to users. The modification become effective once the modified Terms and Conditions are posted on an appropriate location within the website operated by the Company. Users must refer to the Terms and Conditions on a regular basis for the latest version when using the Service, since a separate notification is not provided.
Article 7. Governing Law and Jurisdiction
Where the Company has provided Users with a translation of the Japanese language version of the Terms and Conditions (hereinafter referred to as ‘Japanese Version’), the Japanese Version will govern the relationship between Users and the Company. In the event of a provision resulting in a conflict between the Japanese Version and a translation, the provision in the Japanese Version supersedes such translation. The Terms and Conditions will be governed by the laws of Japan. Conflicts that arise from the Service or conflicts between the user and the Company related to the Service will be governed primarily under the exclusive jurisdiction of the District Court of Tokyo or the Tokyo Summary Court.
-- End -
March 6, 2012 Established
December 5, 2012 Revised
April 1, 2013 Last Revised
This terms and conditions of use (hereinafter referred to as the “Terms and Condition”) defines the conditions between LINE Corporation (hereinafter referred to as the “Company”) and users in regards to the use of websites, software, applications, products, documents and other products and services (hereinafter referred to as the “Service”) provided to users under the “LINE Software” name or in relations to “LINE Software”.
Article 1. Agreement to Terms and Conditions of Use
The user must use the Service according to the provisions in the Terms and Conditions. The user cannot use the Service unless he/she agrees to the Terms and Conditions. The user is deemed to have agreed to the Terms and Conditions once he/she clicks the ‘Agree’ button that is displayed on the screen when installing the Service.
Article 2. Other Applicable Rules
LINE Terms and Conditions of Use and LINE Privacy Policy will also apply whenever the user uses LINE..
Article 3. Collection of Information
The Company collects the user’s computer name in order to determine the terminal used to access the Service.
The personal information of the user will be treated in accordance with this Article and the LINE Privacy Policy.
Article 4. Approval to Use Software
1. The Company allows the nonexclusive use of the software in relation to the Service (hereinafter referred to as the “Software” and includes software that is newly provided due to future upgrades) provided by the Company for user who download the Software for the use of the Service under the condition that the user abides by the Terms and Conditions. The copyright to the Software and any associated rights will belong to the Company.
2. The Company cannot guarantee that the Software is free of any actual or legal defects (including but not limited to stability, reliability, accuracy, completeness, validity, suitability for a specific purpose, security related defects, errors or bugs, infringement of rights etc.).
3. The user must not conduct the following actions when using the Software, unless the user has separately obtained evident approval from the Company.
(1) Copy the whole or part of the Software.
(2) Modify the whole or part of the Software’s features, text and/or program source code.
(3) Disassemble or decompile the whole or part of the Software, or attempt to decipher the whole or part of the Software.
(4) Assign, lend, or license the Software to a third party.
(5) Use the Software for advertising, commercial purposes, or solicitation.
(6) Violate a law, judgment, judicial ruling, court order, or binding regulation.
(7) Violate the rights of the Company or of any third party (including, copyright, trademark, patent or similar intellectual property rights, right of reputation, right to privacy, or any other right arising at law or by contract).
(8) Interfere with or obstruct the Company’s operation of the Service or other users’ use of the Service.
(9) Aid or encourage any of the actions mentioned in items (1) through (8) above.
(10) Any other use of the Service that the Company deems inappropriate.
4. The Company may modify the whole or part of the Service, as well as terminate the Service, when the Company deems necessary, without providing prior notification to users (including, but not limited to, updates to the Software).
5. The Software may contain software which is under the open source license or a modification of such software (hereinafter referred to as ‘Open Source Software’). Licenses are applied in accordance to the conditions of the licenses (hereinafter referred to as ‘Open Source License’) that are applied to the Open Source Software. The Terms and Conditions does not limit the user’s rights based on each Open Source License, and does not grant rights that can replace the rights granted by the Open Source Software. In the event of a provision resulting in a conflict between the Terms and Conditions and the Open Source License, the provision in the Open Source License supersedes the Terms and Conditions.
Article 5. The Company’s Exemption from Liability
1. The Company shall not be responsible for any damages inflicted upon users in relation to the use of the Service. However, if the agreement (including but not limited to the Terms and Conditions) between the Company and user regarding the Service shall be deemed as a consumer contract under the Consumer Contract Law in Japan, then this exemption clause shall not be applied.
2. Notwithstanding the condition stated in clause 1 above, the Company shall not be responsible for any indirect, special, incidental, consequential or punitive damages (including but not limited to such damages that the Company or user predicted, or could have predicted) with respect to the Company’s contractual default or act of tort due to the Company's negligence (except for gross negligence). The compensation for ordinary damages in respect to the Company’s contractual default or act of tort due to the Company's negligence (except for gross negligence) shall be limited to the total amount of expenses incurred by the user in order to use the Service in the particular calendar month in which such damages occurred.
Article 6. Modification of the Terms and Conditions of Use
The Company may modify the Terms and Conditions when the Company deems necessary, without providing prior notification to users. The modification become effective once the modified Terms and Conditions are posted on an appropriate location within the website operated by the Company. Users must refer to the Terms and Conditions on a regular basis for the latest version when using the Service, since a separate notification is not provided.
Article 7. Governing Law and Jurisdiction
Where the Company has provided Users with a translation of the Japanese language version of the Terms and Conditions (hereinafter referred to as ‘Japanese Version’), the Japanese Version will govern the relationship between Users and the Company. In the event of a provision resulting in a conflict between the Japanese Version and a translation, the provision in the Japanese Version supersedes such translation. The Terms and Conditions will be governed by the laws of Japan. Conflicts that arise from the Service or conflicts between the user and the Company related to the Service will be governed primarily under the exclusive jurisdiction of the District Court of Tokyo or the Tokyo Summary Court.
-- End -
March 6, 2012 Established
December 5, 2012 Revised
April 1, 2013 Last Revised
Sunday, 31 March 2013
TOS : Persona
Terms of Service — Overview
- The Persona service allows a logged-in user to verify that he is the owner of a certain email address. Once the user has made this verification and uses that email address at websites utilizing the Persona service, the website can request that Mozilla confirm that the user has verified the email address exists and is owned by him.
- The Persona service works with websites to confirm that a user has verified a certain email address and with email providers to make the initial user verification. These Terms of Service apply to both the websites and the email providers who use Persona.
- You are responsible for the third party software or APIs that you use or have developed to access the Persona Service. the Persona service are provided “as is” and there are no warranties of any kind.
- There are significant limits on Mozilla’s liability for any damages arising from your use of the Persona service.
Terms of Service
Acceptance
These Terms of Service (“TOS”) govern your use of the Persona service (the “Services”). By accessing the materials and APIs necessary to use the Services, and by using the Services you are agreeing to abide by the terms and conditions described below.Use of the Services as a Requesting Website or Email Provider
To use the Services a website must include in their pages a JavaScript library provided by Mozilla and use the provided API to request a verified email address. If a user has chosen to verify an email address as part of the Services, Mozilla will send a confirmation email to the email address. When we receive a response from that email account or a confirmation from the email provider, we will store that verification and confirm to the user that the verification was successful. After that, if the user is logged into the Services and visits your website and you would like to request a verification of the that the email address, we will issue a verification to you.. The verification will confirm that this user had access at verification time to the specified email address.You may use the Services only for purposes that are permitted by (i) the TOS and (ii) the laws and regulations in your state and country and any other laws and regulations that apply to your use of the Services (including any laws regarding the export of data or software to and from the United States or other relevant countries).
You agree not to:
- engage in any activity that interferes with or disrupts the Services (or the servers and networks that are connected to the Services),
- trade or resell the Services for any purpose, unless you have been specifically permitted to do so in writing by Mozilla, or
- access (or attempt to access) the Services by any means other than the Persona site itself (at persona.org), official Mozilla-branded software (Firefox, Firefox for Mobile, and Firefox Home, referred to in this document as “Firefox Clients”), or third party software that utilizes APIs authorized and provided by Mozilla (“Third Party Clients”), unless you have been specifically allowed to do so in writing by Mozilla.
Your Acknowledgments
You acknowledge and agree that Mozilla has no responsibility for Third Party Clients and that you are solely responsible for your use of them.- Mozilla does not represent or imply that it endorses any Third Party Clients nor that it believes the operation of any Third Party Clients will be accurate, useful, or non-harmful.
- Third Party Clients may have technical inaccuracies, may cause mistakes or errors, and may transmit, store, or otherwise manipulate data in a manner that you find objectionable. You are responsible for taking precautions to protect yourself and your computer systems in connection with the use of Third Party Clients.
- Third Party Clients may be subject to additional terms and separate privacy policies and practices. Mozilla’s privacy policy(ies) shall not apply with respect to data stored on, manipulated, or transmitted to or from Mozilla’s servers by means of your use of Third Party Clients.
- Mozilla has the right to manage the Services to protect the rights and property of Mozilla and others and to facilitate the proper functioning of the Services, including disabling your account.
- You will not use the Services for any purpose where an accurate verification of identity has critical or life-threatening consequences or has other significant or financial consequences such as in the context of financial services, banking, education, immigration, taxes, or other government functions, or healthcare.
- Mozilla may discontinue or change the Services at its discretion without liability. If we discontinue or change the Services, we will announce it through Mozilla’s usual channels for such announcements such as blog posts and forums.
Proprietary Rights
Mozilla does not grant you any intellectual property rights in the Services that are not specifically stated in this TOS. For example, this TOS does not provide the right to use any of Mozilla’s copyrights, trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.The Firefox Clients are distributed under and subject to the current version of the Mozilla Public License, located at http://www.mozilla.org/MPL.
Updates to the Terms
Mozilla may update this TOS from time to time, for example to address a new feature of the Services or to clarify a provision. The updated TOS will be posted on the Persona site. If the changes are substantive, we will announce the update through Mozilla’s usual channels for such announcements such as blog posts and forums. Your continued use of the Services after the effective date of such changes constitutes your acceptance of such changes. To make your review more convenient, we will post an effective date at the top of this page. These terms may not be modified or cancelled without Mozilla’s written agreement.Disclaimer of Warranty
The Services are provided “as is” with all faults. To the extent permitted by law, Mozilla, its distributors, contributors, and licensors hereby disclaim all warranties, whether express or implied, including without limitation warranties that the Services are free of defects, merchantable, fit for a particular purpose, and non-infringing. You bear the entire risk as to selecting the Services for your purposes and as to the quality and performance of the Services, including without limitation the risk that your User Data is deleted or corrupted or that someone else uses your username and password to access confirmations of your identity. This limitation will apply notwithstanding the failure of essential purpose of any remedy. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so this disclaimer may not apply to you.Limitation of Liability
Except as required by law, Mozilla, its distributors, contributors, and licensors, will not be liable for any indirect, special, incidental, consequential, or exemplary damages arising out of or in any way relating to this TOS or the use of or inability to use the Services, including without limitation damages for loss of goodwill, work stoppage, lost profits, loss of data, and computer failure or malfunction, even if advised of the possibility of such damages and regardless of the theory (contract, tort, or otherwise) upon which such claim is based. The collective liability of Mozilla, its distributors, contributors, and licensors under this Agreement will not exceed $500 (five hundred dollars). Some jurisdictions do not allow the exclusion or limitation of incidental, consequential, or special damages, so this exclusion and limitation may not apply to you.Miscellaneous
This TOS constitutes the entire agreement between you and Mozilla Corporation (“Mozilla” or we) concerning the Services. These terms are governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. If any portion of these terms is held to be invalid or unenforceable, the remaining portions will remain in full force and effect. In the event of a conflict between a translated version of these terms and the English language version, the English language version shall control.Next Read :
https://login.persona.org/tos
sponsored by AttaqiGallery
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.
next read : http://www.adobe.com/products/eulas/pdfs/PlatformClients_PC_WWEULA-MULTI-20110809_1357.pdf
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