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authorwiz <wiz>2006-04-12 18:35:05 +0000
committerwiz <wiz>2006-04-12 18:35:05 +0000
commit29b38fdc44d52c12c4f11d79a52bcd80bee5b073 (patch)
tree962db174363700881418f812db6aad839c06875e /licenses
parent4a93d51d0b741c019b43d0eb6c299998aa60a7d6 (diff)
downloadpkgsrc-29b38fdc44d52c12c4f11d79a52bcd80bee5b073.tar.gz
Add flash license.
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+End User License Agreement
+
+ADOBE SOFTWARE END USER LICENSE AGREEMENT
+
+IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A
+LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED
+OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND ADOBE.
+READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND
+USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND
+CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY SELECTING
+THE DOWNLOAD OR INSTALL NOW BUTTON AND/OR USING THE SOFTWARE, YOU
+ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO
+BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE
+TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL OR USE THE SOFTWARE.
+
+ 1. Definitions
+
+ 1. "Authorized Operating Systems" means the desktop and
+ standard-laptop versions of the following operating systems:
+ 1. Microsoft Windows operating systems (including desktop
+ and standard-laptop PC versions of Windows 95, 98, 2000,
+ NT, ME, XP Home, XP Professional, and XP Tablet PC
+ Edition, but specifically excluding Windows XP
+ Embedded, Windows XP Media Center Edition, and
+ successors);
+ 2. Macintosh operating systems;
+ 3. Linux operating systems, but specifically excluding
+ any embedded version of Linux; and
+ 4. Solaris operating systems.
+ 2. "Adobe" means Adobe Systems Incorporated and its licensors, if any.
+ 3. "Software" means only the Macromedia® Flash® Player,
+ Macromedia® Shockwave® Player, or Macromedia® Authorware®
+ Player and third party software programs, in each case,
+ supplied by Adobe therewith, and corresponding documentation,
+ associated media, printed materials, and online or electronic
+ documentation, and all updates or upgrades of the above
+ that are provided to you.
+
+ For the avoidance of doubt, no embedded or device versions of
+ the above operating systems, or any other operating systems,
+ are included as Authorized Operating Systems.
+
+ 2. License Grants
+
+ 1. You may install and use the Software on a single desktop
+ or laptop computer that runs an Authorized Operating System.
+ A license for the Software may not be shared, installed
+ or used concurrently on different computers.
+ 2. You agree that Adobe may audit your use of the Software
+ for compliance with these terms at any time, upon reasonable
+ notice. In the event that such audit reveals any use of
+ the Software by you other than in full compliance with
+ the terms of this Agreement, you shall reimburse Adobe
+ for all reasonable expenses related to such audit in
+ addition to any other liabilities you may incur as a result
+ of such non-compliance.
+
+ Certain rights are not granted under this Agreement, but may
+ be available under a separate agreement. If you would like to
+ enter into a distribution agreement or learn of other licensing
+ strategies, please go to: http://www.macromedia.com/licensing/.
+
+ 3. License Restrictions
+
+ 1. You may not use the Software on any non-PC product or any
+ embedded or device versions of the above operating systems,
+ including, but not limited to, (A) mobile devices, set
+ top boxes (STB), handhelds, phones, web pads, tablets and
+ Tablet PCs that are not running Windows XP Tablet PC
+ Edition, game consoles, TVs, DVD players, media centers
+ (including Windows XP Media Center Edition and its
+ successors), electronic billboards or other digital signage,
+ internet appliances or other internet-connected devices,
+ PDAs, medical devices, ATMs, telematic devices, gaming
+ machines, home automation systems, kiosks, remote control
+ devices, or any other consumer electronics device, (B)
+ operator-based mobile, cable, satellite, or television
+ systems, (C) other closed system devices, or (D) any
+ operating system that is not an Authorized Operating
+ System.
+ 2. You may not make or distribute copies of the Software, or
+ electronically transfer the Software from one computer to
+ another or over a network.
+ 3. You may not alter, merge, modify, adapt or translate the
+ Software, or decompile, reverse engineer, disassemble, or
+ otherwise reduce the Software to a human-perceivable form.
+ 4. You may not sell, rent, lease, or sublicense the Software.
+ 5. You may not modify the Software or create derivative works
+ based upon the Software.
+ 6. You may not export the Software into any country prohibited
+ by the United States Export Administration Act and the
+ regulations thereunder.
+ 7. In the event that you fail to comply with this EULA, Adobe
+ may terminate the license and you must destroy all copies of
+ the Software (with all other rights of both parties and
+ all other provisions of this EULA surviving any such
+ termination).
+ 8. You shall not use the Software to develop any software or
+ other technology having the same primary function as the
+ Software, including but not limited to using the Software
+ in any development or test procedure that seeks to develop
+ like software or other technology, or to determine if such
+ software or other technology performs in a similar manner
+ as the Software.
+
+ 4. Ownership
+
+ The foregoing license gives you limited license to use the
+ Software. Adobe and its suppliers retain all right, title and
+ interest, including all copyright and intellectual property
+ rights, in and to, the Software and all copies thereof. All
+ rights not specifically granted in this EULA, including Federal
+ and International Copyrights, are reserved by Adobe and its
+ suppliers.
+
+ 5. WARRANTY DISCLAIMER
+
+ 1. THE SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE, AND ON
+ AN "AS-IS" BASIS. ADOBE PROVIDES NO TECHNICAL SUPPORT,
+ WARRANTIES OR REMEDIES FOR THE SOFTWARE.
+ 2. ADOBE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND
+ REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE,
+ INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS
+ FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF
+ NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. ADOBE DOES
+ NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL
+ OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES
+ REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED
+ ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE SOFTWARE IS
+ NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS
+ ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING
+ WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE
+ OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION
+ OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE
+ SUPPORT OR WEAPONS SYSTEMS. ADOBE SPECIFICALLY DISCLAIMS
+ ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH
+ PURPOSES.
+ 3. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT
+ TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION
+ TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
+ 4. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ADOBE,
+ ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE
+ A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY
+ PROVIDED HEREIN.
+ 5. (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF
+ IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
+ YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND
+ YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE
+ TO STATE.
+ 6. ADOBE SHALL HAVE NO RESPONSIBILITY IF THE SOFTWARE HAS
+ BEEN ALTERED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES OUT
+ OF USE OF THE SOFTWARE WITH OTHER THAN A RECOMMENDED
+ HARDWARE CONFIGURATION, PLATFORM OR OPERATING SYSTEM.
+
+ 6. LIMITATION OF LIABILITY
+
+ 1. NEITHER ADOBE NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU
+ OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
+ PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
+ NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT
+ OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS
+ INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR
+ INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY
+ OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF
+ WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
+ OR OTHERWISE, EVEN IF ADOBE OR ITS REPRESENTATIVES HAVE
+ BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN
+ IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF
+ ITS ESSENTIAL PURPOSE.
+ 2. ADOBE'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR
+ ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $10
+ OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED
+ SUCH DAMAGE.
+ 3. (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR
+ EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL
+ DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
+ APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS
+ THAT VARY FROM STATE TO STATE.
+ 4. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO
+ APPLY TO ALL ASPECTS OF THIS EULA.
+
+ 7. Basis of Bargain
+
+ The Warranty Disclaimer and Limited Liability set forth above
+ are fundamental elements of the basis of the agreement between
+ Adobe and you. Adobe would not be able to provide the Software
+ on an economic basis without such limitations. Such Warranty
+ Disclaimer and Limited Liability inure to the benefit of Adobe's
+ licensors.
+
+ 8. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
+
+ This Software and the documentation are provided with "RESTRICTED
+ RIGHTS" applicable to private and public licenses alike. Without
+ limiting the foregoing, use, duplication, or disclosure by the
+ US Government is subject to restrictions as set forth in this
+ EULA and as provided 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, or FAR 52.227-14, as applicable. Manufacturer:
+ Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA 95110.
+
+ 9. (Outside of the USA) Consumer End Users Only
+
+ The limitations or exclusions of warranties and liability
+ contained in this EULA do not affect or prejudice the statutory
+ rights of a consumer, i.e., a person acquiring goods otherwise
+ than in the course of a business.
+
+ The limitations or exclusions of warranties, remedies or
+ liability contained in this EULA shall apply to you only to
+ the extent such limitations or exclusions are permitted under
+ the laws of the jurisdiction where you are located.
+
+10. Third Party Software
+
+ The Software may contain third party software which requires
+ notices and/or additional terms and conditions. Such required
+ third party software notices and/or additional terms and
+ conditions are located at www.macromedia.com/go/thirdparty/
+ and are made a part of and incorporated by reference into this
+ EULA. By accepting this EULA, you are also accepting the
+ additional terms and conditions, if any, set forth therein.
+
+11. General
+
+ This EULA shall be governed by the internal laws of the State
+ of California, without giving effect to principles of conflict
+ of laws. You hereby consent to the exclusive jurisdiction and
+ venue of the state courts sitting in San Francisco County,
+ California or the federal courts in the Northern District of
+ California to resolve any disputes arising under this EULA. In
+ each case this EULA shall be construed and enforced without
+ regard to the United Nations Convention on the International
+ Sale of Goods.
+
+ This EULA contains the complete agreement between the parties
+ with respect to the subject matter hereof, and supersedes all
+ prior or contemporaneous agreements or understandings, whether
+ oral or written. You agree that any varying or additional terms
+ contained in any purchase order or other written notification
+ or document issued by you in relation to the Software licensed
+ hereunder shall be of no effect. The failure or delay of Adobe
+ to exercise any of its rights under this EULA or upon any breach
+ of this EULA shall not be deemed a waiver of those rights or
+ of the breach.
+
+ No Adobe dealer, agent or employee is authorized to make any
+ amendment to this EULA.<
+
+ If any provision of this EULA shall be held by a court of
+ competent jurisdiction to be contrary to law, that provision
+ will be enforced to the maximum extent permissible, and the
+ remaining provisions of this EULA will remain in full force
+ and effect.
+
+ All questions concerning this EULA shall be directed to: Adobe
+ Systems Incorporated, 345 Park Avenue, San Jose, CA 95110,
+ Attention: General Counsel.
+
+ Adobe and other trademarks contained in the Software are
+ trademarks or registered trademarks of Adobe Systems Incorporated
+ in the United States and/or other countries. Third party
+ trademarks, trade names, product names and logos may be the
+ trademarks or registered trademarks of their respective owners.
+ You may not remove or alter any trademark, trade names, product
+ names, logo, copyright or other proprietary notices, legends,
+ symbols or labels in the Software. This EULA does not authorize
+ you to use Adobe's or its licensors' names or any of their
+ respective trademarks.