openSUSE Build Service

Overview Repositories Revisions Requests Users Attributes Meta

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.

Places

File EULA of Package AdobeICCProfiles

Places