ADOBE

Software License Agreement

PLEASE READ THIS AGREEMENT CAREFULLY. BY COPYING, INSTALLING, OR USING ALL OR ANY
PORTION OF THIS SOFTWARE, YOU (HEREINAFTER “CUSTOMER”) ACCEPT ALL THE TERMS AND
CONDITIONS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE PROVISIONS ON
LICENSE RESTRICTIONS IN SECTION 4, LIMITED WARRANTY IN SECTIONS 6 AND 7, LIMITATION
OF LIABILITY IN SECTION 8, AND SPECIFIC PROVISIONS AND EXCEPTIONS IN SECTION 16.
CUSTOMER AGREES THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED
BY CUSTOMER. THIS AGREEMENT IS ENFORCEABLE AGAINST CUSTOMER. IF CUSTOMER DOES NOT
AGREE TO THE TERMS OF THIS AGREEMENT, CUSTOMER MAY NOT USE THE SOFTWARE. This
agreement may govern Customer’s use of additional Software subsequent to the
effective date of this agreement. Such additional Software shall reference the
terms of this agreement. This agreement may also incorporate by reference any end
user license agreement governing a prior version of the Software.

Customer may have another written agreement directly with Adobe (e.g., a volume
license agreement) that supplements or supersedes all or portions of this
agreement. The Software is LICENSED, NOT SOLD, only in accordance with the terms of
this agreement. Use of some Adobe and some non-Adobe materials and services
included in or accessed through the Software may be subject to additional terms and
conditions. Notices about non-Adobe materials are available at
http://www.adobe.com/go/thirdparty.

The Software may cause Customer’s Computer to AUTOMATICALLY CONNECT TO THE

INTERNET. The Software may also require activation or registration. Additional
information on activation, Internet connectivity, and privacy is available in
Sections 14 and 16.

1. Definitions.

1.1 “Adobe” means Adobe Systems Incorporated, a Delaware corporation, 345 Park
Avenue, San Jose, California 95110, if this agreement is entered into while
Customer is in the United States, Canada, or Mexico; otherwise, it means Adobe
Systems Software Ireland Limited, 4-6 Riverwalk, Citywest Business Campus, Dublin
24, Ireland.

1.2 “Adobe Runtime(s)” means Adobe AIR, Adobe Flash Player, Shockwave Player, or
Authorware Player.

1.3 “Compatible Computer” means a Computer with the recommended operating system
and hardware configuration as stated in the Documentation.

1.4 “Computer” means a virtual or physical device that accepts information in

digital or similar form and manipulates it for a specific result based on a
sequence of instructions, including without limitation desktop computers, laptops,
tablets, mobile devices, telecommunication devices, Internet-connected devices, and
hardware products capable of operating a wide variety of productivity,
entertainment, or other software applications.

1.5 “Customer” means you and any legal entity that obtained the Software and on
whose behalf it is used; for example, and as applicable, your employer.

1.6 “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.
1.7 “Output File” means an output file Customer creates with the Software.

1.8 “Permitted Number” means one (1) unless otherwise indicated under a valid
license (e.g., volume license) granted by Adobe.

1.9 “Software” means (a) all of the information with which this agreement is
provided, including but not limited to: (i) all software files and other computer
information; (ii) any proprietary scripting logic embedded within exported file
formats or used in an Adobe Online Service; (iii) sample and stock photographs,
images, sounds, clip art and other artistic works bundled with Adobe software or
made available by Adobe on Adobe’s website for use with the Adobe software and not
obtained from Adobe through a separate service (unless otherwise noted within that
service) or from another party (“Content Files”); (iv) related explanatory written
materials and files (“Documentation”); and (v) fonts; and (b) any modified versions
and copies of, and upgrades, updates, and additions to, such information, provided
to Customer by Adobe at any time, to the extent not provided under separate terms
(collectively, “Updates”).

1.10 “Territory” means the region where Customer is permitted to install and use
the Software. For consumer Customers, Territory shall mean worldwide. Territory
expressly excludes any U.S. embargoed countries and countries where Customer is
prohibited from using the Software or related Services. For resellers, Territory
shall be as defined in the reseller agreement or partner connection agreement
between such resellers and Adobe. For customers enrolled in a volume licensing
program, Territory shall be as defined in the applicable program terms (such as the
Volume Incentive Plan Terms and Conditions). Any territory definition in such
reseller agreement or program terms shall supersede the definition stated in this
agreement.

2. Software License; Membership.

2.1 Software License. This Section 2.1 applies to Customers who have purchased a
license to the Software but have not purchased a membership-based license or
service such as the Creative Cloud membership (as described in Section 2.2).

2.1.1 License Grant. Subject to Customer’s continuous compliance with this

agreement and payment of the applicable license fees, Adobe grants Customer a non-
exclusive and limited license to install and use the Software: (a) in the
Territory, (b) during the term of such license (“License Term”), (c) within the
scope of the License Type and on the Permitted Number of Customer’s Compatible
Computers as specified in the Documentation, and (d) in a manner consistent with
the terms of this agreement and applicable Documentation. Unless otherwise defined
in this agreement, in the applicable Documentation, or at the time of purchase,
License Term shall be perpetual. Upon the expiration or termination of the License
Term, some or all of the Software may cease to operate without prior notice. Upon
expiration or termination of the License Term, Customer may not use the Software
unless Customer has renewed the license. The license granted herein is supplemented
by specific provisions in Section 16 as related to the use of certain applicable
products and components that may be included in the Software such as font software,
Acrobat, After Effects, Adobe Presenter, Contribute, Flash Player, Flash Builder,
Digital Publishing Suite, and Adobe Runtimes.

2.1.2 License Types.

2.1.2.1 Non-Serialized Software. The Software, or portions of the Software, that

are provided without a serial number during the License Term may only be installed
and used on any number of Compatible Computers as part of an organizational
deployment plan during the License Term for demonstration, evaluation, and training
purposes only, and only if any Output Files or other materials produced through
such use are used only for internal, non-commercial, and non-production purposes.
THE NON-SERIALIZED SOFTWARE IS PROVIDED “AS-IS”. ACCESS TO AND USE OF ANY OUTPUT
FILES CREATED WITH SUCH NON-SERIALIZED SOFTWARE IS ENTIRELY AT CUSTOMER’S OWN RISK.

2.1.2.2 Evaluation Software. The Software, or portions of the Software, that are
provided with a serial number designated for “evaluation purposes” or other similar
designation (such as Software or a serial number supplied as “EVAL” under a
separate agreement) (“Evaluation Software”) may only be installed and used on
Permitted Number of Compatible Computers during the License Term for demonstration,
evaluation, and training purposes only, and only if any Output Files or other
materials produced through such use are used only for internal, non-commercial, and
non-production purposes. THE EVALUATION SOFTWARE IS PROVIDED “AS IS”. ACCESS TO AND
USE OF ANY OUTPUT FILES CREATED WITH SUCH EVALUATION SOFTWARE IS ENTIRELY AT
CUSTOMER’S OWN RISK.

2.1.2.3 Subscription Edition. For the Software available on a subscription-basis

(“Subscription Edition”), Customer may install and use the Subscription Edition
only on the Permitted Number of Compatible Computer during the License Term.
Subject to the Permitted Number of Computers for the Subscription Edition, Adobe
may allow Customer to install and use the most recent prior version of the
Subscription Edition and the current version of the Subscription Edition on the
same Computer during the License Term. Customer agrees that Adobe may change the
type of Software (such as specific components, versions, platforms, languages,
etc.) included in the Subscription Edition at any time and shall not be liable to
Customer whatsoever for such change. Ongoing access to a Subscription Edition
requires: (a) a recurring Internet connection to activate, renew, and validate the
license, (b) Adobe or its authorized reseller’s receipt of recurring subscription
payments, and (c) Customer’s agreement to subscription terms and other additional
terms and conditions that are available at http://www.adobe.com/go/paymentterms or
at the time of purchase. If Adobe does not receive the recurring subscription
payment or cannot validate the license periodically, then the Software may become
inactive without additional notice until Adobe receives the payment or validates
the license.

2.1.3 Portable or Home Computer Use. Subject to the restrictions set forth in
Section 2.1.4, the primary user of the Computer on which the Software is installed
under Section 2.1 (“Primary User”) may install a second copy of the Software for
his or her exclusive use on either a portable Computer or a Computer located at his
or her home, provided that the Software on the portable or home Computer is not
used at the same time as the Software on the primary Computer.

2.1.4 Restrictions on Secondary Use by Volume Licensees. If the Software was

obtained under an Adobe volume license program or agreement (such as Adobe Volume
Licensing) by any licensee other than an educational volume licensee, then the
second copy of the Software made under Section 2.1.3 must be used solely for the
benefit and business of that volume licensee.

2.1.5 Dual Boot Platform. The Software is licensed for use on a specific operating
system platform. Customer must purchase a separate license for use of the Software
on each operating system platform. By way of example, if Customer desires to
install the Software on both the Mac OS and Windows operating system platforms on a
device that runs both of those platforms (i.e., a dual boot machine), then Customer
must first obtain two separate licenses for the Software. This is true even if two
versions of the Software, each designed for a different operating system platform,
are delivered to Customer on the same media.

2.1.6 Distribution from a Server. As permitted by the Documentation, Customer may

copy an image of the Software onto a Computer file server within Customer’s
Internal Network (“Server”) for the purpose of downloading and installing the
Software onto Computers within the same Internal Network for use only as permitted
by this Section 2.

2.1.7 Server Use.

2.1.7.1 Except as otherwise permitted in the Documentation and subject to license

restrictions stated in this agreement, Customer shall not install the Software on a
Server. If permitted in such Documentation, then Customer may install the Software
on a Server for the purpose of allowing an individual from a Computer within the
same Internal Network (“Network User”) to access and use the Software. If expressly
permitted by Adobe, “Internal Network” may include web hosting services with
dedicated physical server space and restricted access to only Customer. The Network
User who has access to or may use such Software on the Server is referred to as
“Server Software User”. Neither the total number of Server Software Users (not the
concurrent number of users) nor the total number of Computers capable of accessing
the Software installed on the Server may exceed the Permitted Number. By way of
example, if Customer has purchased 10 Software licenses (Permitted Number is 10)
and Customer elects to install the Software on a Server, then Customer can only
allow up to 10 Server Software Users access to the Software (even though Customer
may have more than 10 Network Users or fewer than 10 concurrent users of the
Software).

2.1.7.2 For clarification and without limitation, the foregoing does not permit
Customer to install or access (either directly or through commands, data, or
instructions) the Software: (a) from or to a Computer not part of Customer’s
Internal Network; (b) for enabling web hosted workgroups or web hosted services
available to the public; (c) 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; (d) as a component of a system, workflow or service accessible by more
than the Permitted Number of users; or (e) for operations not initiated by an
individual user (e.g., automated server processing).

2.2 Membership. This Section 2.2 applies to Customers who have purchased a
membership-based license or service such as the Creative Cloud membership
(collectively, “Membership”).

2.2.1 Adobe Online Services Related to the Membership. Subject to Customer’s

continuous compliance with this agreement and payment of the applicable membership
fees, if any, Adobe grants Customer a non-exclusive, Territory-wide, and limited
right to access and use the Software and related Adobe Online Service (as further
described in Section 16.4.1) as part of the Membership, subject to the terms stated
in this agreement and the Additional Terms of Use (as the term is defined in
Section 14.1.3 below).

2.2.2 Software License Related to the Membership. Subject to Customer’s continuous

compliance with this agreement and payment of the applicable membership fees, if
any, Adobe grants Customer a non-exclusive and limited license to install and use
the Software: (a) in the Territory, (b) during the period that the Membership is
current and active (“Membership Term”), and (c) in a manner consistent with the
terms of this agreement and applicable Documentation. Upon the expiration or
termination of the Membership Term, (x) some or all of the Software may cease to
operate without prior notice and (y) Customer may not use the Software unless
Customer has renewed the membership. All terms related to the specific Software as
stated in this agreement shall remain effective and continue to apply to Customer
and its use of such Software.

2.2.3 Restrictions. Customer agrees to the following additional terms and

restrictions related to the Membership: (a) Adobe may change the type of Software
(such as specific products, components, versions, platforms, languages, etc.)
included in the Membership at any time and shall not be liable to Customer
whatsoever for such change; (b) Customer may be required to connect to the Internet
and log in at any time during the Membership Term; (c) Software may automatically
connect to the Internet to verify Customer’s Membership without notice at any time;
and (d) Customer may not enable or allow others to use the Software as Customer.

2.3 Content Files. Unless stated otherwise in the “Read-Me” files, Documentation,
or other license(s) associated with the Content Files, Customer may use, display,
modify, reproduce, and distribute any of the Content Files. However, Customer may
not distribute the Content Files on a stand-alone basis (i.e., in circumstances in
which the Content Files constitute the primary value of the product being
distributed), and Customer may not claim any trademark rights in the Content Files
or derivative works thereof. Nothing stated herein shall affect the ownership of
the Software as stated in Section 3.

2.4 Sample Application Code. Customer may modify the source code form of those
portions of the Software programs that are expressly identified as sample code,
sample application code, code snippets, ActionScript class files, or sample
components (each, “Sample Application Code”) in the accompanying Documentation
solely for the purposes of designing, developing, and testing websites and
applications developed using Adobe software programs; provided, however, Customer
is permitted to copy and distribute the Sample Application Code (modified or
unmodified) only if all of the following conditions are met: (a) Customer
distributes only the compiled object code versions of the Sample Application Code
with its application; (b) Customer does not include the Sample Application Code in
any product or application designed for website development; and (c) Customer does
not use the Adobe name, logos, icons, or other Adobe trademarks to market its
application. Customer agrees to indemnify, hold harmless, and defend Adobe from and
against any loss, damage, claims, or lawsuits, including attorney’s fees, that
arise or result from the use or distribution of its application.

2.5 Programming Languages. The Software may include portions of the ExtendScript
SDK and Pixel Bender SDK. Subject to the restrictions contained in this Section 2,
Adobe grants to Customer a nonexclusive, nontransferable, royalty-free license to
use the items in the ExtendScript SDK and Pixel Bender SDK only for the purpose of
internal development of application programs designed to function with Adobe
products. Except as expressly provided in this Section 2.5, no portions of the
ExtendScript SDK or the Pixel Bender SDK may be modified or distributed. Customer
agrees to indemnify, hold harmless, and defend Adobe from and against any loss,
damage, claims, or lawsuits, including attorney’s fees, that arise or result from
such distribution.

2.6 Documentation Copies. Customer may make no more than a reasonable number of
copies of the Documentation for Customer’s own internal use in connection with use
of the Software.

3. Intellectual Property Ownership.

The Software and any authorized copies that Customer makes are the intellectual
property of and are owned by Adobe Systems Incorporated and its suppliers. The
structure, organization, and source 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 but not limited to 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
Customer any intellectual property rights in the Software. All rights not expressly
granted are reserved by Adobe and its suppliers.
4. Restrictions and Requirements.

4.1 Proprietary Notices. Any permitted copy of the Software (including without
limitation Documentation) that Customer makes must contain the same copyright and
other proprietary notices that appear on or in the Software.

4.2 Use Obligations. Customer agrees that it will not use the Software other than
as permitted by this agreement and that it will not use the Software in a manner
inconsistent with its design or Documentation.

4.3 No Modifications. Except as expressly permitted in Sections 2 or 16, Customer

may not modify, port, adapt, or translate the Software.

4.4 No Reverse Engineering. Except as otherwise expressly permitted in Section

16.1, Customer will not reverse engineer, decompile, disassemble, or otherwise
attempt to discover the source code of the Software.

4.5 No Unbundling. The Software may include various applications and components,
may allow access to different Adobe Online Services, may support multiple platforms
and languages, and may be provided to Customer on multiple media or in multiple
copies. Nonetheless, the Software is designed and provided to Customer as a single
product to be used as a single product on Computers as permitted herein. Customer
is not required to install all component parts of the Software, but Customer may
not unbundle the component parts of the Software for use on different Computers.

4.6 No Transfer.

4.6.1 CUSTOMER WILL NOT RENT, LEASE, SELL, SUBLICENSE, ASSIGN, OR TRANSFER ITS
RIGHTS IN THE SOFTWARE (INCLUDING, WITHOUT LIMITATION, SOFTWARE OBTAINED THROUGH A
WEB DOWNLOAD), OR AUTHORIZE ANY PORTION OF THE SOFTWARE TO BE COPIED ONTO ANOTHER
INDIVIDUAL OR LEGAL ENTITY’S COMPUTER EXCEPT AS MAY BE EXPRESSLY PERMITTED HEREIN.

4.6.2 Except with regard to Educational Software Products (as defined in Section
16.3), Pre-release Software (as defined in Section 16.2), Evaluation Software, not-
for-resale copies of the Software, or Software obtained through an Adobe volume
license program and further subject to Section 4.6.3, Customer may permanently
transfer all its rights to use the Software to another individual or legal entity,
provided that: (a) Customer also transfers (i) this agreement, (ii) the serial
number(s), the Software and all other software or hardware bundled, packaged, or
pre-installed with the Software, including all copies, Updates, and Prior Versions
(as defined in Section 5, below), and (iii) all copies of font software to such
individual or entity; (b) Customer retains no Updates, Prior Versions, or 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 under which Customer purchased a valid license to the Software.
Additional information on transferring volume licensed software is available at
http://www.adobe.com/go/volumepolicies.

4.6.3 If the Software requires recurring activation or registration and Adobe

grants Customer’s request to be exempted from the requirement of such recurring
activation or registration, then in addition to the restrictions set forth in the
Activation Terms (as defined in Section 14.3), then the right to permanently
transfer as stated in Section 4.6.2 shall terminate immediately upon the grant of
such request.

4.6.4 Notwithstanding Section 4.6.2 above, Customer may only transfer all its
rights to use the Software to another individual or legal entity residing within
the same country as Customer, unless otherwise permitted by applicable laws.
4.7 No Service Bureau. Customer will not use or offer the Software on a service
bureau basis. Section 16.6.3 provides a limited exception for font software only.

4.8 Adobe Runtime Restrictions. Except as expressly granted in Section 16.9,

Customer will not use Adobe Runtimes on any non-PC device or with any embedded or
device version of any operating system. For the avoidance of doubt, and by example
only, Customer may not use Adobe Runtimes on any (a) mobile device, set top box,
handheld, phone, game console, TV, DVD player, media center (other than with
Windows 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 electronics device; (b)
operator-based mobile, cable, satellite, or television system; or (c) other closed
system device. Additional information on licensing Adobe Runtimes is available at
http://www.adobe.com/go/licensing.

4.9 Territory. Customer shall only use the Software and access the Adobe Online
Services in the Territory and in a manner consistent with the activation policy
described at http://www.adobe.com/go/activation. Notwithstanding anything stated to
the contrary, for Customer who purchases a license with Permitted Number greater
than 1 (or more than 1 copy of the Software), Customer must install or deploy the
Software in the country where Customer purchases the license unless otherwise
permitted in an Adobe volume licensing program. For Customer residing in the
European Economic Area, “country” shall mean the European Economic Area. Adobe may
terminate the license granted herein or suspend the Membership or access to the
Adobe Online Services if Adobe determines that Customer is using the Software or
Adobe Online Services in violation of this Section.

4.10 No Circumvention. Customer may not (a) use any element of the Software to
circumvent technological measures intended to control access to the Software or (b)
develop or distribute products that are designed to circumvent such technological
measures.

5. Updates.

If the Software is an Update to a prior version of Adobe software (the “Prior

Version”), then Customer’s use of this Update is conditional upon its retention of
the Prior Version. Therefore, if Customer validly transfers this Update pursuant to
Section 4.6, the Customer must transfer the Prior Version along with it. If
Customer wishes to use this Update in addition to the Prior Version, then Customer
may only do so on the same Computer on which it has installed and is using the
Prior Version. Any obligations that Adobe may have to support Prior Versions during
the License Term may end upon the availability of this Update. No other use of the
Update is permitted. Additional Updates may be licensed to Customer by Adobe with
additional or different terms.

6. Limited Warranty.

Except as otherwise stated in a separate agreement between Adobe and a Software

licensee, Adobe warrants to the individual or entity who first purchases a license
for the Software that the Software will perform substantially in accordance with
the corresponding user manual for the Software for the shorter period of (a) the
ninety (90) day period or (b) License Term following delivery of the Software
(“Warranty Period”) when used on the Compatible Computer. Non-substantial variation
of performance from the user manual does not establish a warranty right. This
limited warranty does not apply to the following, which are made available AS-IS
and without warranty from Adobe: (i) patches; (ii) font software; (iii) Pre-release
Software, trial, starter, evaluation, product sampler, Evaluation Software, and
not-for-resale copies of the Software; (iv) websites, Adobe Online Services; and
Third Party Online Services; (v) Certified Document Services (see Section 16); and
(vi) any software made available by Adobe for free via web download from an Adobe
website. All warranty claims must be made, along with proof of purchase, to the
Adobe Customer Support Department within such Warranty Period. Additional
information on warranty claims is available at http://www.adobe.com/go/support. The
entire liability of Adobe and its affiliates related to such warranty claim and
Customer’s sole and exclusive remedy under any warranty will be limited to either,
at Adobe’s option, support of the Software based on the warranty claim, replacement
of the Software, or, if support or replacement is not practicable at Adobe’s
determination, refund of the license fee Adobe received for the Software (if any).
Customer shall only request refunds from the vendor who sold Customer the Software.
THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES CUSTOMER SPECIFIC LEGAL
RIGHTS. CUSTOMER MAY HAVE ADDITIONAL RIGHTS UNDER LAW WHICH MAY VARY FROM
JURISDICTION TO JURISDICTION. ADOBE DOES NOT SEEK TO LIMIT CUSTOMER’S WARRANTY
RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. Please see Section 16 for jurisdiction-
specific provisions or contact the Adobe Customer Support Department.

7. Disclaimer.

THE LIMITED WARRANTY IN SECTION 6 AND ANY STATUTORY WARRANTY AND REMEDY THAT CANNOT
BE EXCLUDED OR LIMITED UNDER LAW ARE THE ONLY WARRANTIES AND EXCLUSIVE REMEDIES
APPLICABLE TO THE SOFTWARE. OTHER THAN THOSE OFFERED AND STATUTORY WARRANTIES AND
REMEDIES, ADOBE, ITS AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES (DEFINED
BELOW) DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND TERMS, EXPRESS OR
IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE AS TO ANY
MATTER, INCLUDING BUT NOT LIMITED TO PERFORMANCE, SECURITY, NON-INFRINGEMENT OF
THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY
QUALITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. OTHER THAN SUCH OFFERED AND
STATUTORY WARRANTIES AND REMEDIES, THE SOFTWARE AND ACCESS TO ANY WEBSITES, ADOBE
OR THIRD PARTY ONLINE SERVICES, AND CERTIFICATE AUTHORITY SERVICES ARE PROVIDED AS-
IS AND WITH ALL FAULTS. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME
JURISDICTIONS. CUSTOMER MAY HAVE ADDITIONAL WARRANTY RIGHTS UNDER LAW WHICH MAY NOT
BE WAIVED OR DISCLAIMED. ADOBE DOES NOT SEEK TO LIMIT CUSTOMER’S WARRANTY RIGHTS TO
ANY EXTENT NOT PERMITTED BY LAW. The provisions of Sections 7 and Section 8 will
survive the termination of this agreement, howsoever caused, but this will not
imply or create any continued right to use the Software after termination of this
agreement.

8. Limitation of Liability.

EXCEPT FOR THE EXCLUSIVE REMEDY OFFERED BY ADOBE ABOVE AND ANY REMEDIES THAT CANNOT
BE EXCLUDED OR LIMITED UNDER LAW, ADOBE, ITS AFFILIATES, SUPPLIERS, AND CERTIFICATE
AUTHORITIES WILL NOT BE LIABLE TO CUSTOMER FOR ANY LOSS, DAMAGES, CLAIMS, OR COSTS
WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST
PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL
INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF AN
ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES,
CLAIMS, OR COSTS. IN ANY EVENT, ADOBE’S AGGREGATE LIABILITY AND THAT OF ITS
AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES UNDER OR IN CONNECTION WITH THIS
AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. THIS
LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A
BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. Nothing contained in
this agreement limits Adobe’s liability to Customer in the 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 affiliates, suppliers, and Certificate
Authorities for the purpose of disclaiming, excluding and limiting obligations,
warranties, and liability, but in no other respects and for no other purpose.

THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY

APPLICABLE LAW IN CUSTOMER’S JURISDICTION. THIS LIMITATION OF LIABILITY MAY NOT BE
VALID IN SOME JURISDICTIONS. CUSTOMER MAY HAVE RIGHTS THAT CANNOT BE WAIVED UNDER
CONSUMER PROTECTION AND OTHER LAWS. ADOBE DOES NOT SEEK TO LIMIT ITS WARRANTY OR
REMEDIES TO ANY EXTENT NOT PERMITTED BY LAW. SEE SECTION 16 FOR JURISDICTION-
SPECIFIC STATEMENTS.

9. Export Rules.

Customer acknowledges that the Software is subject to the U.S. Export

Administration Regulations and other export laws, restrictions, and regulations
(collectively, the “Export Laws”) and that Customer will comply with the Export
Laws. Customer will not ship, transfer, export, or re-export the Software, directly
or indirectly, to: (a) any countries that are subject to US export restrictions
(currently including, but not necessarily limited to, Cuba, Iran, North Korea,
Sudan, and Syria) (each, an “Embargoed Country”); (b) any end user whom Customer
knows or has reason to know will utilize them in the design, development, or
production of nuclear, chemical or biological weapons, or rocket systems, space
launch vehicles, and sounding rockets, or unmanned air vehicle systems (each, a
“Prohibited Use”); or (c) any end user who has been prohibited from participating
in the U.S. export transactions by any federal agency of the U.S. government (each,
a “Sanctioned Party”). In addition, Customer is responsible for complying with any
local laws in Customer’s jurisdiction which may impact Customer’s right to import,
export or use the Software. Customer represents and warrants that (i) Customer is
not a citizen of, or located within, an Embargoed Country, (ii) Customer will not
use the Software for a Prohibited Use, and (iii) Customer is not a Sanctioned
Party. All rights to use the Software are granted on condition that such rights are
forfeited if Customer fails to comply with the terms of this agreement. If Adobe
has knowledge that a violation has occurred, Adobe may be prohibited from providing
maintenance and support for the Software.

10. Governing Law.

10.1 North America. If Customer resides (or headquarters, if Customer is a

business) in North America, then this agreement shall be governed by and construed
pursuant to the laws of California, regardless of conflict of laws principles.
Customer irrevocably consents to the exclusive jurisdiction and venue of the courts
in Santa Clara County, California.

10.2 Germany, France, U.K., Japan, Italy, and Spain. If Customer resides (or
headquarters, if Customer is a business) in either Germany, France, U.K., Japan,
Italy, or Spain, then this agreement shall be governed by and construed pursuant to
the laws of the country where Customer resides, regardless of conflict of laws
principles. All claims related to data protection and data privacy shall be subject
to the laws of Ireland, which does not exclude the application of mandatory
statutes. Customer irrevocably consents to the exclusive jurisdiction and venue of
the courts in Frankfurt, Paris, London, Tokyo, Rome, and Madrid, respectively.

10.3 Asia Pacific Countries. If Customer resides (or headquarters, if Customer is a

business) in a member state of the Association of Southeast Asian Nations (ASEAN)
except for Myanmar, Mainland China, Hong Kong S.A.R., Macau S.A.R., Taiwan R.O.C.,
or the Republic of Korea, Bangladesh, or Nepal; then this agreement (including the
arbitration agreement contained in this clause) shall be governed by and construed
pursuant to the laws of Singapore, regardless of conflict of laws principles. All
claims related to data protection and data privacy shall be subject to the laws of
Ireland, which does not exclude the application of mandatory statutes. 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”) being in force for the
period of arbitration, which rules are deemed to be incorporated into this section
by reference. 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 the arbitration shall be English.

10.4 Australia, New Zealand, India, Sri Lanka, and Myanmar. If Customer resides (or
headquarters, if Customer is a business) in Australia, New Zealand, India, Sri
Lanka or Myanmar, then this agreement shall be governed by and construed pursuant
to the laws of England and Wales, regardless of conflict of laws principles. All
claims related to data protection and data privacy shall be subject to the laws of
Ireland, which does not exclude the application of mandatory statutes. Customer
irrevocably consents to the non-exclusive jurisdiction and venue of the courts in
London, England.

10.5 Rest of the World. If Customer does not reside in any of the countries stated
in Sections 10.1-10.4 above, then this agreement shall be governed by and construed
pursuant to the laws of Ireland, regardless of conflict of laws principles.
Customer irrevocably consents to the exclusive jurisdiction and venue of the courts
in Dublin, Ireland.

10.6 Notwithstanding any provision in this agreement, Adobe or Customer may request
any judicial, administrative, or other authority to order any provisional or
conservatory measure, including injunctive relief, specific performance, or other
equitable relief, prior to the institution of legal or arbitration proceedings, or
during the proceedings, for the preservation of its rights and interests or to
enforce specific terms that are suitable for provisional remedies. This agreement
will not be governed by the following, the application of which is hereby expressly
excluded: (x) the conflict of law rules of any jurisdiction, (y) the United Nations
Convention on Contracts for the International Sale of Goods, and (z) the Uniform
Computer Information Transactions Act, as enacted in any jurisdiction.

11. General Provisions.

Adobe may terminate this agreement if Customer materially breaches any term
contained in this agreement. If any part of this agreement is found void and
unenforceable, it will not affect the validity of the balance of this agreement,
which will remain valid and enforceable according to its terms. This agreement may
only be modified in writing, signed by an authorized officer of Adobe. The English
version of this agreement will be the version used when interpreting or construing
this agreement. This is the entire agreement between Adobe and Customer relating to
the Software and it supersedes any prior representations, discussions,
undertakings, communications, or advertising relating to the Software.

12. Notice to U.S. Government End Users.

12.1 U.S. Government Licensing of Adobe Technology. Customer agrees that when
licensing Adobe Software for acquisition by the U.S. Government, or any contractor
therefore, Customer will license consistent with the policies set forth in 48
C.F.R. Section 12.212 (for civilian agencies) and 48 C.F.R. Sections 227.7202-1 and
227.7202-4 (for the Department of Defense). 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 will be incorporated by
reference into this agreement.
12.2 Commercial Items. For U.S. Government End Users, Software is a “Commercial
Item(s),” as that term is defined at 48 C.F.R. Section 2.101, consisting of
“Commercial Computer Software” and “Commercial Computer Software Documentation,” as
such terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as
applicable. Consistent with 48 C.F.R. Section 12.212 or 48 C.F.R. Sections
227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and
Commercial Computer Software Documentation are being licensed to U.S. Government
end users (a) only as Commercial Items and (b) with only those rights as are
granted to all other end users pursuant to the terms and conditions herein.
Unpublished-rights reserved under the copyright laws of the United States.

13. Compliance with Licenses.

If Customer is a business, company, or organization, Customer agrees that, in

addition to any license compliance checking performed by the Software, Adobe or its
authorized representative have the right, no more than once every twelve (12)
months, upon seven (7) business days’ prior notice to Customer, to inspect
Customer’s records, systems, and facilities to verify that its installation and use
of any and all Adobe software or service is in conformity with its valid licenses
from Adobe. For example, Adobe has the right to those of Customer’s records useful
to determine whether installations of the Software have been serialized, and
Customer shall provide such records to Adobe promptly upon request by Adobe.
Additionally, Customer shall provide Adobe with all records and information
requested by Adobe in order to verify that its installation and use of any and all
Adobe software is in conformity with its valid licenses from Adobe within thirty
(30) days of Adobe’s request. Additional information on serialization is available
at http://www.adobe.com/go/elicensing. If the verification discloses a shortfall in
licenses for the Software or Membership, Customer shall immediately acquire any
necessary licenses, memberships, and any applicable back maintenance and support.

14. Internet Connectivity and Privacy.

14.1 Automatic Connections to the Internet. The Software may cause Customer’s
Computer, without notice, to automatically connect to the Internet and to
communicate with an Adobe website or Adobe domain for purposes such as validating
Software license and providing Customer with additional information, features, or
functionality. The Adobe Online Privacy Policy, available at
http://www.adobe.com/go/privacy (“Privacy Policy”), governs such connection and
communication. Specifically:

14.1.1 Pursuant to the Privacy Policy, Adobe may (a) track website visits through
the use of cookies, web beacons, and similar devices and (b) collect and transmit
Customer information.

14.1.2 As permitted by applicable law or as consented to by Customer, Adobe may (a)

send Customer transactional messages to facilitate the Adobe Online Service or the
activation or registration of the Software or Adobe Online Service or (b) deliver
in-product marketing to provide information about the Software and other Adobe
products and Services using information including, but not limited to, platform
version, version of the Software, license status, and language.

14.2 Updating. The Software may cause Customer’s Computer, without additional
notice, to automatically connect to the Internet (intermittently or on a regular
basis) to (a) check for Updates that are available for download to and installation
on the Computer and (b) notify Adobe of the results of installation attempts.

14.3 Activation. The Software may require Customer to (a) obtain an Adobe ID, (b)
activate or reactivate the Software, including activation of certain components or
features, (c) register the software, or (d) validate the Membership. Such
requirement may cause Customer’s Computer to connect to the Internet without notice
on install, on launch, and on a regular basis thereafter. Once connected, the
Software will collect and transmit information to Adobe as further described at
http://www.adobe.com/go/activation (“Activation Terms”). Software or Customer may
also receive information from Adobe related to Customer’s license, subscription, or
Membership. Adobe may use such information to detect or prevent fraudulent or
unauthorized use not in accordance with a valid license, subscription, or
Membership. Failure to activate or register the Software, validate the subscription
or Membership, or a determination by Adobe of fraudulent or unauthorized use of the
Software may result in reduced functionality, inoperability of the Software, or a
termination or suspension of the subscription or Membership.

14.4 Deactivation. Customer may deactivate and uninstall the Software from its
Computer in order to install and activate the Software on another Computer in
accordance with this agreement (“Deactivation”) and as further described in
http://www.adobe.com/go/activation. Deactivation requires Internet connectivity.

14.5 Use of Online Services. The Software may cause Customer’s Computer, without
additional notice and on an intermittent or regular basis, to automatically connect
to the Internet to facilitate Customer’s access to content and services that are
provided by Adobe or third parties as further described in Section 16.4 (Online
Services). In addition, the Software may, without additional notice, automatically
connect to the Internet to update downloadable materials from these online services
so as to provide immediate availability of these services even when Customer is
offline. If Customer accesses an Adobe Online Service (as defined in Section 16.4
below), then additional information such as Customer’s Adobe ID, user name, and
password may be transmitted to and stored by Adobe pursuant to the Privacy Policy.

14.6 Digital Certificates. The Software uses digital certificates (as described in
Section 16.5) to help Customer identify downloaded files (e.g., applications and
content) and the publishers of those files. For example, Adobe AIR uses digital
certificates to help Customer identify the publisher of Adobe AIR applications. The
Adobe Acrobat family of products also uses digital certificates to sign and
validate signatures within Portable Document Format (“PDF”) documents and to
validate certified PDF documents. Customer’s Computer may connect to the Internet
at the time of validation of a digital certificate.

14.7 Settings Manager. The Software may include Flash Player. Flash Player may save
certain user settings by storing them on Customer’s Computer as a local shared
object. They are associated with the instance of Flash Player on the Computer,
allowing Customer to customize runtime features. The Flash Player Settings Manager
permits Customer to modify such settings, including the ability to limit third
parties from storing local shared objects or grant third-party content the right to
access the computer’s microphone and camera. Additional information on how to
configure settings in its version of Flash Player, including information on how to
disable local shared objects using the Flash Player Settings Manager, is available
at http://www.adobe.com/go/settingsmanager. Additional information on local shared
objects is available at http://www.adobe.com/go/flashplayer_security.

15. Peer-to-Peer Communications.

The Software may use Customer’s connection to a local area network, without
additional notice, to automatically connect to other Adobe software and, in doing
so, may indicate on the local area network that it is available for communication
with other Adobe software. These connections may transmit the IP Address of
Customer’s connection to the local network.

16. Specific Provisions and Exceptions.

This section sets forth specific provisions related to certain products and
components of the Software as well as limited exceptions to the above terms and
conditions. To the extent that any provision in this section is in conflict with
any other term or condition in this agreement, the terms stated in this section
will supersede such other term or condition.

16.1 No Prejudice; European Economic Area Provisions; Australia Mandatory Notice.

16.1.1 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.

16.1.2 If Customer obtained the Software in the European Economic Area (EEA),
Customer usually resides in the EEA and Customer is a consumer (that is its use of
the Software is for personal, non-business related purposes), then Section 6
(Limited Warranty) does not apply to Customer’s purchase and use of the Software.
Instead, Adobe warrants for a period of 2 years from purchase that the Software
provides the functionalities set forth in the applicable user manual (the “agreed
upon functionalities”) when used on the Compatible Computer. Non-substantial
variation from the agreed upon functionalities will not establish any warranty
rights. THIS WARRANTY DOES NOT APPLY TO SOFTWARE THAT CUSTOMER USES ON A PRE-
RELEASE, TRYOUT, STARTER, OR PRODUCT SAMPLER BASIS, OR TO FONT SOFTWARE, OR TO THE
EXTENT THE SOFTWARE FAILS TO PERFORM BECAUSE IT HAS BEEN ALTERED BY CUSTOMER. To
make a warranty claim, Customer must notify the Adobe Customer Support Department
during this 2 year period, providing details of proof of purchase of the Software.
Adobe will verify with Customer whether there is a defect in the Software or advise
Customer that the error arises because Customer has not installed the Software
correctly (in which case, Adobe shall assist Customer). If there is a defect in the
Software, Customer may request from Adobe either a refund or a repaired or
replacement copy of the Software. Customer shall only request refunds from the
vendor who sold Customer the Software. Requests must be accompanied by proof of
purchase. In the event Customer’s warranty details are substantiated, Adobe will
meet Customer’s request for repaired or replacement Software, unless it is not
reasonable for Adobe to do so, in which case Adobe will provide Customer with a
refund. For warranty assistance, please contact the Adobe Customer Support
Department.

Please note that the provisions of Section 8 (Limitation of Liability) will

continue to apply to any damages claims Customer makes in respect of its use of the
Software. Nonetheless, Adobe shall be liable for direct losses that are reasonably
foreseeable in the event of a breach by Adobe of this agreement. Customer is
advised to take all reasonable measures to avoid and reduce damages, in particular
by making backup copies of the Software and its computer data.

This agreement, and in particular this Section 16.1.2, is intended to describe

Customer’s rights (including its statutory rights) in the event there should be
problems with its use of the Software. If Customer’s statutory rights are greater
than this description, its statutory rights shall apply.

16.1.3 Nothing included in this agreement (including Section 4.4) shall limit any
non-waivable right to decompile the Software that Customer may enjoy under
applicable law. For example, if Customer is located in the European Union (EU),
Customer may have the right upon certain conditions specified in the applicable law
to decompile the Software if it is necessary to do so in order to achieve
interoperability of the Software with another software program and Adobe has not
made such information available, under such circumstance, Customer must first ask
Adobe in writing to provide the information necessary to achieve such operability.
In addition, such decompilation may only be performed by Customer or someone else
entitled to use a copy of the Software on Customer’s behalf. Adobe has the right to
impose reasonable conditions before providing such information. Any information
supplied by Adobe or obtained by Customer, as permitted hereunder, may only be used
by Customer for the purpose described herein and may not be disclosed to any third
party or used to create any software that is substantially similar to the
expression of the Software or used for any other act that infringes the copyright
of Adobe or its licensors.

16.1.4 If Customer obtains the Software in Australia, then the following provision
shall apply, notwithstanding anything stated to the contrary in this agreement:

NOTICE TO CONSUMERS IN AUSTRALIA:

Our goods come with guarantees that cannot be excluded under the Australian
Consumer Law. You are entitled to a replacement or refund for a major failure and
for compensation for any other reasonably foreseeable loss or damage. You are also
entitled to have the goods repaired or replaced if the goods fail to be of
acceptable quality and the failure does not amount to a major failure. Our software
products also come with a 90-day limited warranty given by Adobe Systems Software
Ireland Limited, with an office at 4-6 Riverwalk, Citywest Business Campus, Dublin
24, Ireland, as set out in the Agreement. If your products do not provide the
general features and functions described in the User Documentation in the 90-day
period after delivery to you, please call the Adobe Customer Support Department at
1800 614 863 with details of your product, serial number, and proof of purchase.
You may be required to return the software product to the address we provide to you
at the time, in which case such return will be at your own cost. The benefits under
this warranty are in addition to other rights and remedies that you may have at
law.

16.2 Pre-release Software Additional Terms. If the Software is pre-commercial

release or beta software (“Pre-release Software”), then this section applies. The
Pre-release Software does not represent final product from Adobe, and may contain
bugs, errors, and other problems that could cause system or other failures and data
loss. Adobe may never commercially release the Pre-release Software. If Customer
received the Pre-release Software pursuant to a separate written agreement, such as
the Adobe Systems Incorporated License Agreement for Pre-release Software, then
Customer’s use of the Software is also governed by such agreement. Customer will
promptly return or destroy all copies of Pre-release Software upon the earlier of
Adobe’s request or upon Adobe’s commercial release of such Software. CUSTOMER’S USE
OF PRE-RELEASE SOFTWARE IS AT ITS OWN RISK. SEE SECTIONS 6 AND 8 FOR LIMITED
WARRANTY AND LIABILITY LIMITATIONS RELATED TO PRE-RELEASE SOFTWARE.

16.3 Educational Software Product. If the Software is an Educational Software

Product (Software manufactured and distributed for use only by Educational or
Student Teacher End Users), Customer is not entitled to use the Software unless
Customer qualifies in its jurisdiction as an Educational End User. Notwithstanding
anything to the contrary, such Educational Software Product may only be installed
and used in the country in which Customer qualifies as an Educational End User. For
Customer residing in the European Economic Area, “country” shall mean the European
Economic Area. Please visit http://www.adobe.com/go/edu_purchasing to learn about
eligibility. Please visit http://www.adobe.com/go/store and look for the link for
Buying Adobe Products Worldwide to find an Adobe Authorized Academic Reseller.

16.4 Online Services.

16.4.1 Provided by Adobe. The Software facilitates Customer’s access to content and
various services that are hosted on websites maintained by Adobe or its affiliates
(“Adobe Online Services”). Examples of such Adobe Online Services might include,
but are not limited to: Adobe BrowserLab, Adobe CS Review, Business Catalyst,
Digital Publishing Suite, Acrobat.com, Search for Help, product Welcome Screens,
and storage of Customer’s Software settings. In some cases an Adobe Online Service
might appear as a feature or extension within the Software even though it is hosted
on a website. Access to an Adobe Online Service may require Customer to activate
the Software, obtain an Adobe ID, consent to Additional Terms of Use, or require a
separate fee in order to access such Adobe Online Services. 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 availability of any
Adobe Online Service. Adobe also reserves the right to begin charging a fee for
access to or use of an Adobe Online Service that was previously offered at no
charge. As stated in Section 14, when the Software accesses an Adobe Online
Service, Customer’s use of such Adobe Online Service is governed by the Adobe
Privacy Policy (http://www.adobe.com/go/privacy), by the Adobe.com Terms of Use
(http://www.adobe.com/go/terms), and by any Additional Terms of Use that might be
presented to Customer at that time.

16.4.2 Provided by Third Parties. The Software may facilitate Customer’s access to
websites maintained by third parties offering goods, information, software, and
services (“Third-Party Online Services”). Customer’s access to and use of any
Third-Party Online Service is governed by the terms, conditions, disclaimers, and
notices found on such site or otherwise associated with such Third-Party Online
Services. Adobe does not control, endorse, or accept responsibility for such Third-
Party Online Services. Any dealings between Customer and any third party in
connection with a Third-Party Online Service are solely between Customer and such
third party. Third-Party 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 availability of any Third-Party Online Service.

16.4.3 EXCEPT AS EXPRESSLY AGREED BY ADOBE OR ITS AFFILIATES OR A THIRD PARTY IN A

SEPARATE AGREEMENT, CUSTOMER’S USE OF ADOBE ONLINE SERVICES AND THIRD PARTY ONLINE
SERVICES IS AT ITS OWN RISK UNDER THE WARRANTY AND LIABILITY LIMITATIONS OF
SECTIONS 7 AND 8.

16.5 Digital Certificates.

16.5.1 Use. Digital certificates are issued by third party certificate authorities,
including Adobe Certified Document Services (CDS) vendors listed at
http://www.adobe.com/go/partners_cds and Adobe Approved Trust List vendors (“AATL”)
listed at http://www.adobe.com/go/aatl (collectively “Certificate Authorities”), or
can be self-signed.

16.5.2 Terms and Conditions. Purchase, use, and reliance upon digital certificates
is the responsibility of Customer and a Certificate Authority. Before Customer
relies upon any certified document, digital signature, or Certificate Authority
services, Customer should review the applicable terms and conditions under which
the relevant Certificate Authority provides services, including, for example, any
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
AATL vendors.

16.5.3 Acknowledgement. Customer agrees that (a) the Software, due to configuration
or external issues, might show a signature as valid despite the fact a digital
certificate may have been revoked or expired prior to the time of verification; (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 Certificate Authority, or
any other third party; and (c) a certificate may be a self-signed certificate not
provided by a Certificate Authority. CUSTOMER IS SOLELY RESPONSIBLE FOR DECIDING
WHETHER OR NOT TO RELY ON A CERTIFICATE. UNLESS A SEPARATE WRITTEN WARRANTY IS
PROVIDED TO CUSTOMER BY A CERTIFICATE AUTHORITY, CUSTOMER’S USE OF DIGITAL
CERTIFICATES IS AT ITS SOLE RISK.

16.5.4 Third-Party Beneficiaries. Customer agrees that any Certificate Authority

which the Customer relies upon is a third-party beneficiary of this agreement and
shall have the right to enforce this agreement in its own name as if it were Adobe.

16.5.5 Indemnity. Customer agrees to hold Adobe and any applicable Certificate
Authority (except as expressly provided in its terms and conditions) harmless from
any and all liabilities, losses, actions, damages, or claims (including all
reasonable expenses, costs, and attorneys’ fees) arising out of or relating to
Customer’s use of, or any reliance on, any service of such authority, including,
without limitation: (a) reliance 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 terms and conditions related to the services.

16.6 Font Software. If the Software includes font software:

16.6.1 Customer may use the font software with the Software on Computers as
described in Section 2 and output the font software to any output device(s)
connected to such Computer(s).

16.6.2 If the Permitted Number of Computers is five (5) or fewer, Customer may
download the font software to the memory (hard disk or RAM) of one output device
connected to at least one of such Computers for the purpose of having the font
software remain resident in such output device, and of one more such output device
for every multiple of five represented by the Permitted Number of Computers.

16.6.3 Customer may take a copy of the font(s) Customer has used for a particular
file to a commercial printer or other service bureau, and such service bureau may
use the font(s) to process its file, provided such service bureau has a valid
license to use that particular font software.

16.6.4 Customer may embed copies of the font software into its electronic documents
for the purpose of printing, viewing, and editing the document. No other embedding
rights are implied or permitted under this license.

16.6.5 As an exception to the above, the fonts listed at

http://www.adobe.com/go/restricted_fonts are included with the Software only for
purposes of operation of the Software user interface and not for inclusion within
any Output Files. Such listed fonts are not licensed under this Section 16.6.
Customer agrees that it will not copy, move, activate or use, or allow any font
management tool to copy, move, activate or use, such listed fonts in or with any
software application, program, or file other than the Software.

16.6.6 Open-Source Fonts. Some fonts distributed by Adobe with the Software may be
open-source fonts. Customer’s use of these open-source fonts will be governed by
the applicable license terms available at http://www.adobe.com/go/font_licensing.

16.7 After Effects Render Engine. If the Software includes the full version of
Adobe After Effects, then Customer may install an unlimited number of Render
Engines on Computers within its Internal Network which includes at least one
Computer on which the full version of the Adobe After Effects software is
installed. The term “Render Engine” means an installable portion of the Software
that allows After Effects projects to be rendered but which cannot be used to
create or modify projects and does not include the complete After Effects user
interface.

16.8 Acrobat Standard, Acrobat Pro, and Adobe Acrobat Suite Features. If the
Software includes Acrobat Standard, Acrobat Pro, Acrobat Suite, or certain features
within the above software, then this Section 16.8 shall apply.

16.8.1 Additional Definitions.

16.8.1.1 “Deploy” means to deliver or otherwise make available, directly or

indirectly, by any means including but not limited to a network or Internet, an
Extended Document to one or more recipients.

16.8.1.2 “Extended Document” means a PDF file manipulated by the Software to enable
the ability to locally save documents with filled-in PDF forms.

16.8.2 The Software may include enabling technology that allows Customer to enable
PDF documents with certain features through the use of a digital credential located
within the Software (“Key”). Customer agrees not to access, attempt to access,
control, disable, remove, use, or distribute the Key for any purpose.

16.8.3 For any unique Extended Document, Customer may only (a) Deploy that Extended
Document to an unlimited number of recipients, but Customer shall not extract data
from more than five hundred (500) instances of such Extended Document (or any
hardcopy representation of that Extended Document) that contains data from a
recipient; or (b) Deploy an Extended Document to no more than five hundred (500)
recipients without limits on the number of times Customer may extract data from a
recipient from that Extended Document. Obtaining additional licenses to use Acrobat
Standard, Acrobat Pro, or Adobe Acrobat Suite shall not increase the foregoing
limits (that is, the foregoing limits are the aggregate total limits regardless of
how many additional licenses to use Acrobat Standard, Acrobat Pro, or Adobe Acrobat
Suite the Customer may have obtained). For the avoidance of doubt, if Customer
purchases another Adobe product or service that allows Customer to send a greater
number of PDF files or forms (e.g. Adobe FormsCentral or Adobe LiveCycle Reader
Extensions), then the terms of that Adobe product or service shall supersede the
terms of this Section 16.8.3.

16.9 Adobe Runtime Distribution. Customer may only distribute an Adobe Runtime as a
fully integrated portion of a developer application that is created using the
Software, including the utilities provided with the Software, for example as part
of an application that is packaged to run on the Apple iOS or Android™ operating
systems. Distribution of the resulting Output File or developer application on a
non-PC device may require Customer to obtain certain licenses which may be subject
to additional royalties, such as those set forth in Sections 16.14 and 16.15. It is
solely Customer’s responsibility to obtain such licenses and pay such royalties;
Adobe grants no such license to the third party technologies under the terms of
this agreement. Unless and except as expressly provided in this Section, Customer
shall have no rights to distribute the Adobe Runtime software.

16.10 Contribute Publishing Services. Subject to the Contribute Publishing Services

software end user license agreement accompanying such software, Customer shall not
connect to the Contribute Publishing Services software unless Customer has
purchased a license to connect to such Contribute Publishing Services software for
each individual who may connect to such Contribute Publishing Services software;
provided, however, that trial versions of Adobe Contribute software may install and
connect to the Contribute Publishing Services software in accordance with the
Contribute Publishing Services software end user license agreement.

16.11 Adobe Presenter. If the Software includes Adobe Presenter and Customer
installs or uses the Adobe Connect Add-in in connection with the use of the
Software, Customer agrees that it will install and use such add-in only on a
desktop Computer and not on any non-PC product, including, but not limited to, a
web appliance, set top box, handheld, phone, or web pad device. Further, the
portion of the Software that is embedded in a presentation, information, or content
created and generated using the Software (the “Adobe Presenter Run-Time”) may only
be used together with the presentation, information, or content in which it is
embedded. Customer shall not use, and shall cause all licensees of such
presentation, information, or content not to use, the Adobe Presenter Run-Time
other than as embedded in such presentation, information or content. In addition,
Customer shall not use, and shall cause all licensees of such presentation,
information, or content not to, modify, reverse engineer, or disassemble the Adobe
Presenter Run-Time.

16.12 Flash Builder with LiveCycle Data Services (LCDS) Data Management Library.
Adobe Flash Builder may include the fds.swc library. Customer may use fds.swc only
to provide client-side data management capabilities and as an output file within
software Customer develops, subject to the following: Customer may not (a) use
fds.swc to enable associations or offline capabilities within software or (b)
incorporate fds.swc into any software that is similar to Adobe LiveCycle Data
Services or BlazeDS. If Customer would like to do any of the foregoing, Customer
will need to request a separate license from Adobe.

16.13 Digital Publishing Suite. If the Software includes certain components

designed to work with or access the Adobe Digital Publishing Suite services (“DPS”;
such components are referred to as “DPS Desktop Tools”), then Customer may install
and use the DPS Desktop Tools solely for the purposes of: (a) creating or producing
the content designed to be displayed within a Content Viewer (as defined in the
terms of use related to DPS; such content is referred to as “Output”); (b)
evaluating and testing the Output; and (c) where available, accessing and using
DPS. Except as otherwise permitted herein, Customer may not display, distribute,
modify, or publicly perform the DPS Desktop Tools.

16.14 AVC DISTRIBUTION. The following notice applies to Software containing AVC
import and export functionality: THIS PRODUCT IS LICENSED UNDER THE AVC PATENT
PORTFOLIO LICENSE FOR THE PERSONAL NON-COMMERCIAL USE OF A CONSUMER TO (a) ENCODE
VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (b) DECODE AVC VIDEO
THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL 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.

16.15 MPEG-2 DISTRIBUTION. The following notice applies to Software containing

MPEG-2 import and export functionality: USE OF THIS PRODUCT OTHER THAN CONSUMER
PERSONAL USE IN ANY MANNER THAT COMPLIES WITH THE MPEG-2 STANDARD FOR ENCODING
VIDEO INFORMATION FOR PACKAGED MEDIA IS EXPRESSLY PROHIBITED WITHOUT A LICENSE
UNDER APPLICABLE PATENTS IN THE MPEG-2 PATENT PORTFOLIO, WHICH LICENSE IS AVAILABLE
FROM MPEG LA, L.L.C. 250 STEELE STREET, SUITE 300 DENVER, COLORADO 80206.

16.16 Apple. If the Software is downloaded from the Apple iTunes Application Store
(“App”), then Customer acknowledges and agrees to the following additional terms:
(a) Apple has no liability for the App and its content; (b) Customer’s use of the
App is limited to a non-transferable license to use the App on any iPhone™, iPad™
or iPod Touch™ that Customer owns or controls as allowed by the Application Store
Terms of Service; (c) Apple has no obligation whatsoever to furnish any maintenance
and support services for the App; (d) to the extent permitted by applicable law,
Apple has no warranty obligation to the App and Adobe will be responsible for any
claims, losses, liabilities, damages, costs, or expenses attributable to any
failure to conform to any warranty set forth in this agreement; (e) Apple is not
liable for any claims relating to the App or Customer’s possession and/or use of
the App, including, but not limited to: (i) product liability claims; (ii) any
claim that the App fails to conform to any applicable legal requirement; and (iii)
consumer protection claims; (f) Apple is not liable for any third-party claims that
the App infringes a third party’s intellectual property rights; and (g) Apple and
its subsidiaries are third party beneficiaries of this agreement with respect to
any such App, and that Apple will have the right to enforce the Agreement against
Customer as a third party beneficiary.

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