﻿EULA:
ADOBE SYSTEMS INCORPORATED
 
ADOBE SOFTWARE LICENSE AGREEMENT
 
ADOBE® COLOR PRINTER UTILITY
 
NOTICE TO USER: PLEASE READ THIS DOCUMENT CAREFULLY. THIS DOCUMENT INCLUDES WARRANTY INFORMATION (PART I) AND A LICENSE AGREEMENT GOVERNING USE OF ADOBE SOFTWARE (PART II).
 
PART I.WARRANTY DISCLAIMER AND LIABILITY LIMITATION
 
NO WARRANTY. The Software (as defined below) is made available by Adobe on an "AS IS" basis and WITH ALL FAULTS. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, ADOBE AND ITS SUPPLIERS AND CERTIFICATE 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 PERFORMANCE, RESULTS, NONINFRINGEMENT OF ANY PARTY’S RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. Adobe provides no technical support or remedies for the Software.
 
LIMITATION OF LIABILITY. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS OR CERTIFICATE AUTHORITIES BE LIABLE TO ANY PARTY FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. ADOBE'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS AND CERTIFICATE AUTHORITIES UNDER OR IN CONNECTION WITH THE SOFTWARE SHALL BE LIMITED TO NO MORE THAN US$10. Adobe is acting on behalf of its suppliers and certificate authorities for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability, but in no other respects and for no other purpose. Nothing contained in this agreement limits liability to you in the event of death or personal injury resulting from negligence or for the tort of deceit (fraud). For further information, contact Adobe’s Customer Support Department.
 
PART II.SOFTWARE LICENSE AGREEMENT
 
Notice to User: Please read this contract carefully. By using, copying or distributing all or any portion of the Adobe software you accept all terms and conditions of this agreement, including, in particular the limitations on: USE and DISTRIBUTION contained in Section 2; TRANSFERABILITY in Section 4; WARRANTY in Section 6; and LIABILITY in Section 7. This agreement is enforceable like any written negotiated agreement signed by you. This agreement is enforceable against you and any legal entity that obtained the software and on whose behalf it is used. If you do not agree, do not install or use the software.
 
Use of some third party materials included in the software may be subject to other terms and conditions typically found in a separate license agreement or a “Read Me” file located near such materials or in the “Third Party Software Notices and/or Additional Terms and Conditions” found at http://www.adobe.com/go/thirdparty.
 
1. Definitions. "Software" means the Adobe Color Printer Utility and accompanying materials such as related explanatory written materials or files ("Documentation"). “Software” also includes updates and upgrades to the Adobe Color Printer Utility.
 
2. 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 3, Adobe grants to you a non-exclusive license to use the Software for the purposes described in the Documentation as follows.
 
2.1 General Use. Subject to the terms of this agreement, including the important restrictions in Section 3, you may install and use a copy of the Software on one compatible virtual or physical personal computer. The Software may not be shared, installed or used concurrently on different computers.
 
2.2 Backup Copies. You may make a reasonable number of backup copies of the Software, provided your backup copies are not installed or used on any device.
 
2.3 Server Use. You may install the Software on computer file server(s) within your Internal Network only for use of the Software initiated by an individual from a computer within the same Internal Network as permitted by Section 2.1. The total number of users (not the concurrent number of users) able to use the Software on such computer file server(s) may not exceed one. By way of example, the foregoing does not permit you to install or access (either directly or through commands, data or instructions) the Software: (i) from or to a computer not part of your Internal Network, (ii) for enabling web hosted workgroups or services available to the public, (iii) by any individual or entity to use, download, copy or otherwise benefit from the functionality of the Software unless licensed to do so by Adobe, (iv) as a component of a system, workflow or service accessible by more than one user, or (v) for operations not initiated by an individual user (e.g., automated server processing. “Internal Network” means a private, proprietary network resource accessible only by employees and individual contractors (i.e., temporary employees) of a specific corporation or similar business entity. Internal Network does not include portions of the Internet or any other network community open to the public, such as membership or subscription driven groups, associations and similar organizations.
 
2.4 Distribution. This agreement does not grant you the right to sublicense or distribute the Software. For information about obtaining the right to distribute the Software on tangible media or through an internal network or with your product or service please refer to http://www.adobe.com/go/redistributeair.
 
3. Restrictions.
 
3.1 No Modification or Reverse Engineering. You may not modify, adapt, translate or create derivative works based upon the Software. You will not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to reverse engineer or decompile under applicable law.
 
3.2 Notices. You may not copy the Software except as set forth in Section 2. Any copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software.
 
4. 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 another user's computer.
 
5. Intellectual Property Ownership, Reservation of Rights.
 
The Software and any copies that you make are the intellectual property of and are owned by Adobe Systems Incorporated and its affiliates and suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Adobe Systems Incorporated and its suppliers. The Software is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by Adobe, its affiliates and suppliers.
 
6. NO WARRANTY.
 
The Software is made available by Adobe on an "AS IS" basis and WITH ALL FAULTS and Adobe makes no warranty as to use or performance. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, ADOBE AND ITS SUPPLIERS AND CERTIFICATE 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 PERFORMANCE, RESULTS, NONINFRINGEMENT OF ANY PARTY’S RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. Adobe provides no technical support or remedies for the Software. The provisions of Section 6 and Section 7 shall survive the termination of this agreement, howsoever caused, but this shall not imply or create any continued right to use the Software after termination of this agreement.
 
7. LIMITATION OF LIABILITY.
 
IN NO EVENT WILL ADOBE OR ITS SUPPLIERS OR CERTIFICATE AUTHORITIES BE LIABLE TO ANY PARTY FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. ADOBE'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS AND CERTIFICATE AUTHORITIES UNDER OR IN CONNECTION WITH THE SOFTWARE SHALL BE LIMITED TO NO MORE THAN US$10. Adobe is acting on behalf of its suppliers and Certificate Authorities for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability, but in no other respects and for no other purpose. Nothing contained in this agreement limits liability to you in the event of death or personal injury resulting from negligence or for the tort of deceit (fraud). For further information contact Adobe’s Customer Support Department.
 
8. Export Rules.
 
You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively 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 prohibited 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.
 
9. Governing Law.
 
If you are a consumer who uses the Software for only personal non-business purposes, then this agreement will be governed by the 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) the State of California, if a license to the Software is obtained when you are in the United States, Canada, or Mexico; or (b) Japan, if a license to the Software is obtained when you are in Japan, China, Korea, or other Southeast Asian country where all official languages are written in either an ideographic script (e.g., Hanzi, Kanji, or Hanja), and/or other script based upon or similar in structure to an ideographic script, such as hangul or kana; or (c) England, if a license to the Software is obtained when you are in any jurisdiction 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 jurisdiction over all disputes relating to this agreement. This agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
 
10. General Provisions.
 
If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which shall remain valid and enforceable according to its terms. This agreement shall not prejudice the statutory rights of any party dealing as a consumer. This agreement may only be modified by a writing signed by an authorized officer of Adobe. Updates may be licensed to 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 representations, discussions, undertakings, communications or advertising relating to the Software.
 
11. Notice to U.S. Government End Users.
 
For U.S. Government End Users, Adobe agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by reference in this agreement.
 
12. Compliance with Licenses.
 
If you are a business or organization, 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 conformity with your valid licenses from Adobe.
 
13. No Prejudice.
 
13.1 This agreement will not prejudice the statutory rights of any party, including those dealing as consumers. For example, for consumers in New Zealand who obtain the Software for personal, domestic or household use (not business purposes), this agreement is subject to the Consumer Guarantees Act.
 
If you have any questions regarding this agreement or if you wish to request any information from Adobe please use the address and contact information included with this product or via the web at www.adobe.com to contact the Adobe office serving your jurisdiction.
 
Adobe is either a registered trademark or trademark of Adobe Systems Incorporated in the United States and/or other countries.
