File EULA of Package AdobeICCProfiles
ADOBE SYSTEMS INCORPORATED
COLOR PROFILE LICENSE AGREEMENT
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR
ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF
THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY
WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE WITH
THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.
1. DEFINITIONS. In this Agreement, "Adobe" means Adobe Systems
Incorporated, a Delaware corporation, located at 345 Park Avenue,
San Jose, California 95110. "Software" means the software and
related items with which this Agreement is provided.
2. LICENSE. Subject to the terms of this Agreement, Adobe hereby
grants you the worldwide, nonexclusive, nontransferable,
royalty-free license to use, reproduce, and publicly display the
Software. Adobe also grants you the rights to distribute the
Software only (a) as embedded within digital image files and (b) on
a standalone basis. No other distribution of the Software is
allowed, including, without limitation, distribution of the
Software when incorporated into or bundled with any application
software. All individual profiles must be referenced by their ICC
Profile description string. You may not modify the Software. Adobe
is under no obligation to provide any support under this Agreement,
including upgrades or future versions of the Software or other
items. No title to the intellectual property in the Software is
transferred to you under the terms of this Agreement. You do not
acquire any rights to the Software except as expressly set forth in
this Agreement.
3. DISTRIBUTION. If you choose to distribute the Software, you do so
with the understanding that you agree to defend, indemnify, and
hold harmless Adobe against any losses, damages, or costs arising
from any claims, lawsuits, or other legal actions arising out of
such distribution, including without limitation, your failure to
comply with this Section 3. If you distribute the Software on a
standalone basis, you will do so under the terms of this Agreement
or your own license agreement which (a) complies with the terms and
conditions of this Agreement; (b)effectively disclaims all
warranties and conditions, express or implied, on behalf of Adobe;
(c)effectively excludes all liability for damages on behalf of
Adobe; (d) substantially states that any provisions that differ
from this Agreement are offered by you alone and not Adobe; and (e)
substantially states that the Software is available from you or
Adobe and informs licensees how to obtain it in a reasonable manner
on or through a medium customarily used for software exchange. Any
distributed Software will include the Adobe copyright notices as
included in the Software provided to you by Adobe.
4. DISCLAIMER OF WARRANTY. Adobe licenses the Software to you on an
"AS IS" basis. Adobe makes no representation as to the adequacy of
the Software for any particular purpose or to produce any
particular result. Adobe shall not be liable for loss or damage
arising out of this Agreement or from the distribution or use of
the Software or any other materials. ADOBE AND ITS SUPPLIERS DO NOT
AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY
USING THE SOFTWARE, EXCEPT FOR ANY WARRANTY,CONDITION,
REPRESENTATION, OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR
MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR
JURISDICTION. ADOBE AND ITS SUPPLIERS MAKE NO WARRANTIES,
CONDITIONS, REPRESENTATIONS, OR TERMS, EXPRESS OR IMPLIED, WHETHER
BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE AS TO ANY OTHER
MATTERS, INCLUDING BUT NOT LIMITED TO NONINFRINGEMENT OF
THIRD-PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS
FOR ANY PARTICULAR PURPOSE. YOU MAY HAVE ADDITIONAL RIGHTS WHICH
VARY FROM JURISDICTION TO JURISDICTION. The provisions of Sections
4 and 5 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.
5. LIMITATION OF LIABILITY. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE
LIABLE TO YOU 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 IN YOUR
JURISDICTION. ADOBE'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS
UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE
AMOUNT PAID FOR THE SOFTWARE. Nothing contained in this Agreement
limits Adobe's liability to you 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 suppliers for the purpose
of disclaiming, excluding, and/or limiting obligations, warranties,
and liability as provided in this Agreement, but in no other
respects and for no other purpose.
6. TRADEMARKS. Adobe grants you a worldwide, nonexclusive,
nontransferable, personal right to use the "Adobe" word trademark
(the "Trademark") solely to identify Adobe as the source of the
Adobe RGB (1998) product or Adobe RGB technology, so long as such
use complies with the terms of this Agreement, the trademark
guidelines available at the "Permissions and trademarks" pages of
the Adobe website (www.adobe.com), and the "Adobe Trademark
Guidelines for third parties who license, use or refer to Adobe
trademarks," also available from the Adobe website. You acknowledge
the validity of the Trademark and Adobe's ownership of the
Trademark. Nothing in this Agreement shall give you any right,
title, or interest in the Trademark, other than the license rights
granted in this Agreement. You recognize the value of the goodwill
associated with the Trademark and acknowledge that such goodwill
exclusively inures to the benefit of and belongs to Adobe. Adobe
and the Adobe logo are either registered trademarks or trademarks
of Adobe Systems Incorporated in the United States and/or other
countries. With the exception of referential use and the rights
granted in this Agreement, you will not use such trademarks or any
other Adobe trademark or logo without separate prior written
permission granted by Adobe.
7. TERM. This Agreement is effective until terminated. Adobe has the
right to terminate this Agreement immediately if you fail to comply
with any term hereof. Upon any such termination, you must return to
Adobe all full and partial copies of the Software in your
possession or control.
8. GOVERNMENT REGULATIONS. If any part of the Software is identified
as an export-controlled item under the United States Export
Administration Act or any other export law, restriction, or
regulation (the "Export Laws"), you represent and warrant that you
are not a citizen, or otherwise located within, an embargoed nation
(including without limitation Iran, Iraq, Syria, Sudan, Libya,
Cuba, North Korea, and Serbia) 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. This Agreement will be governed by and construed in
accordance with the substantive laws in force in the State of
California as such laws are applied to agreements entered into and
to be performed entirely within California between California
residents. 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. All disputes arising out of, under, or
related to this Agreement will be brought exclusively in the state
Santa Clara County, California, USA.
10. GENERAL. You may not assign your rights or obligations granted
under this Agreement without the prior written consent of Adobe.
None of the provisions of this Agreement shall be deemed to have
been waived by any act or acquiescence on the part of Adobe, its
agents, or employees, but only by an instrument in writing signed
by an authorized signatory of Adobe. When conflicting language
exists between this Agreement and any other agreement included in
the Software, the terms of such included agreement shall apply. If
either you or Adobe employs attorneys to enforce any rights
arising out of or relating to this Agreement, the prevailing party
shall be entitled to recover reasonable attorneys' fees. You
acknowledge that you have read this Agreement, understand it, and
that it is the complete and exclusive statement of your agreement
with Adobe which supersedes any prior agreement, oral or written,
between Adobe and you with respect to the licensing to you of the
Software. No variation of the terms of this Agreement will be
enforceable against Adobe unless Adobe gives its express consent,
in writing, signed by an authorized signatory of Adobe.
