path: root/licenses/Macromedia

   MACROMEDIA� SOFTWARE END USER LICENSE AGREEMENT FOR DESKTOP USE ONLY

   IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A
   LEGAL AGREEMENT BETWEEN YOU AND MACROMEDIA. READ IT CAREFULLY BEFORE
   USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND
   CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY SELECTING
   THE DOWNLOAD OR INSTALL NOW BUTTON AND USING THE SOFTWARE, YOU ARE
   CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME
   BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND
   BY THESE TERMS, THEN UNINSTALL THE SOFTWARE FROM YOUR COMPUTER.

   1. Definitions

   (a) "Macromedia" means Macromedia, Inc. and its licensors, if any.
   (b) "Software" means only the Macromedia software program(s) and third
   party software programs, in each case, supplied by Macromedia
   herewith, and corresponding documentation, associated media, printed
   materials, and online or electronic documentation.

   2. License Grants

   (a) You may install and use the Software on a single desktop computer
   that has a Windows PC (including Windows 95, 98, 2000, NT, Me and XP),
   a Macintosh desktop operating system, a Linux desktop operating
   system, or a Solaris desktop operating system; provided, however,
   that, notwithstanding anything contrary contained herein, you may not
   use the Software on any non-PC product, including, but not limited to,
   a web appliance, set top box (STB), handheld, phone, or web pad
   device. A license for the Software may not be shared, installed or
   used concurrently on different computers.
   (b) You may make one copy of the Software in machine-readable form
   solely for backup purposes. You must reproduce on any such copy all
   copyright notices and any other proprietary legends on the original
   copy of the Software.
   (c) You agree that Macromedia may audit your use of the Software for
   compliance with these terms at any time, upon reasonable notice.
   (d) Your license rights under this EULA are non-exclusive.
   (e) Certain rights are not granted under this Agreement, but may be
   available under a separate agreement. If you would like to enter into
   a Distribution Agreement, please go to:
   [9]http://www.macromedia.com/software/flash/open/licensing/.
   3. License Restrictions

   (a) Other than as set forth in Section 2, you may not make or
   distribute copies of the Software, or electronically transfer the
   Software from one computer to another or over a network.
   (b) You may not alter, merge, modify, adapt or translate the Software,
   or decompile, reverse engineer, disassemble, or otherwise reduce the
   Software to a human-perceivable form.
   (c) You may not sell, rent, lease, or sublicense the Software.
   (d) You may not modify the Software or create derivative works based
   upon the Software.
   (e) You may not export the Software into any country prohibited by the
   United States Export Administration Act and the regulations
   thereunder.
   (f) In the event that you fail to comply with this EULA, Macromedia
   may terminate the license and you must destroy all copies of the
   Software (with all other rights of both parties and all other
   provisions of this EULA surviving any such termination).

   4. Ownership

   The foregoing license gives you limited license to use the Software.
   Macromedia and its suppliers retain all right, title and interest,
   including all copyright and intellectual property rights, in and to,
   the Software and all copies thereof. All rights not specifically
   granted in this EULA, including Federal and International Copyrights,
   are reserved by Macromedia and its suppliers.

   5. WARRANTY DISCLAIMER

   (a) THE SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN "AS-IS"
   BASIS. MACROMEDIA PROVIDES NO TECHNICAL SUPPORT OR WARRANTIES FOR THE
   SOFTWARE.
   (b) MACROMEDIA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND
   REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE
   WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
   ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET
   ENJOYMENT. MACROMEDIA DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE
   OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED
   TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY
   GRANTED HEREIN. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR
   USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING
   WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION
   OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS,
   AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. MACROMEDIA
   SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR
   SUCH PURPOSES.
   (c) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE
   SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90)
   DAYS FROM THE DATE OF DELIVERY.
   (d) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MACROMEDIA, ITS
   DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR
   IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
   (e) (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
   WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY
   GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL
   RIGHTS THAT VARY FROM STATE TO STATE.

   6. LIMITATION OF LIABILITY

   (a) NEITHER MACROMEDIA NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY
   THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR
   CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE
   INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF
   PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE
   OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF
   LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
   (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF
   MACROMEDIA OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
   OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE
   FAILED OF ITS ESSENTIAL PURPOSE.
   (b) MACROMEDIA'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY
   CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $50 OR THE AMOUNT
   PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
   (c) (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
   LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE
   LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE
   OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
   (d) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO
   THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS
   EULA.

   7. Basis of Bargain

   The Warranty Disclaimer, Exclusive Remedies and Limited Liability set
   forth above are fundamental elements of the basis of the agreement
   between Macromedia and you. Macromedia would not be able to provide
   the Software on an economic basis without such limitations. Such
   Warranty Disclaimer, Exclusive Remedies and Limited Liability inure to
   the benefit of Macromedia's licensors.

   8. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND

   This Software and the documentation are provided with "RESTRICTED
   RIGHTS" applicable to private and public licenses alike. Without
   limiting the foregoing, use, duplication, or disclosure by the US
   Government is subject to restrictions as set forth in this EULA and as
   provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS
   252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19,
   or FAR 52.227-14, as applicable. Manufacturer: Macromedia, Inc., 600
   Townsend, San Francisco, CA 94103.

   9. (Outside of the USA) Consumer End Users Only

   The limitations or exclusions of warranties and liability contained in
   this EULA do not affect or prejudice the statutory rights of a
   consumer (i.e., a person acquiring goods otherwise than in the course
   of a business).

   The limitations or exclusions of warranties, remedies or liability
   contained in this EULA shall apply to you only to the extent such
   limitations or exclusions are permitted under the laws of the
   jurisdiction where you are located.
   10. Third Party Software

   The Software may contain third party software which requires notices
   and/or additional terms and conditions. Such required third party
   software notices and/or additional terms and conditions are located at
   [10]http://www.macromedia.com/go/thirdparty/ and are made a part of
   and incorporated by reference into this EULA.

   11. General

   This EULA shall be governed by the internal laws of the State of
   California, without giving effect to principles of conflict of laws.
   You hereby consent to the exclusive jurisdiction and venue of the
   state courts sitting in San Francisco County, California or the
   federal courts in the Northern District of California to resolve any
   disputes arising under this EULA. In each case this EULA shall be
   construed and enforced without regard to the United Nations Convention
   on the International Sale of Goods.
   This EULA contains the complete agreement between the parties with
   respect to the subject matter hereof, and supersedes all prior or
   contemporaneous agreements or understandings, whether oral or written.
   You agree that any varying or additional terms contained in any
   purchase order or other written notification or document issued by you
   in relation to the Software licensed hereunder shall be of no effect.
   The failure or delay of Macromedia to exercise any of its rights under
   this EULA or upon any breach of this EULA shall not be deemed a waiver
   of those rights or of the breach.

   No Macromedia dealer, agent or employee is authorized to make any
   amendment to this EULA.

   If any provision of this Agreement shall be held by a court of
   competent jurisdiction to be contrary to law, that provision will be
   enforced to the maximum extent permissible, and the remaining
   provisions of this Agreement will remain in full force and effect.

   All questions concerning this EULA shall be directed to: Macromedia,
   Inc., 600 Townsend, San Francisco, CA 94103, Attention: General
   Counsel.

   Macromedia and other trademarks contained in the Software are
   trademarks or registered trademarks of Macromedia, Inc. in the United
   States and/or other countries. Third party trademarks, trade names,
   product names and logos may be the trademarks or registered trademarks
   of their respective owners. You may not remove or alter any trademark,
   trade names, product names, logo, copyright or other proprietary
   notices, legends, symbols or labels in the Software. This EULA does
   not authorize you to use Macromedia's or its licensors' names or any
   of their respective trademarks.