ADOBE SYSTEMS INCORPORATED
Pre-Release Software License 

IMPORTANT:  THIS PRE-RELEASE SOFTWARE LICENSE (“AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU AND ADOBE.  READ IT CAREFULLY BEFORE DOWNLOADING, COMPLETING THE INSTALLATION PROCESS FOR, AND/OR USING, THE SOFTWARE.  IT PROVIDES RESTRICTIONS AND YOUR OBLIGATIONS WITH RESPECT TO THE SOFTWARE.  IN ADDITION, IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY AND LIABILITY DISCLAIMERS.  BY DOWNLOADING, INSTALLING AND/OR USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY EACH OF THE TERMS, RESTRICTIONS AND CONDITIONS SET FORTH IN THIS AGREEMENT.  IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, RESTRICTIONS AND CONDITIONS, THEN SELECT THE "CANCEL" BUTTON, AND DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.

1. Definitions

(a) "Adobe" means Adobe Systems Incorporated and its licensors, if any.
(b)  "Software" means only the Adobe software program(s) and third party software programs, in each case, supplied by Adobe under this Agreement, and corresponding documentation, associated media, printed materials, and online or electronic documentation. The Software may have limited features, may lack the ability for the end-user to save the end product, and will cease operating after a predetermined amount of time due to an internal mechanism within the Software.  

2. License Grants 

(a) Subject to the terms and conditions of this Agreement, Adobe hereby grants, and you accept, a personal, limited, nonexclusive, and non-transferable license to (i) use one copy of the Software and (ii) modify such copy of the Software to the extent provided in source code form only provided that you retain copyright notices (if any) contained in such Software.   Notwithstanding anything to the contrary, the Software shall be used for the sole purpose of designing, developing, and testing your software applications that are designed to operate in connection with Adobe software products. 
(b) You agree that Adobe may audit your use of the Software for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Software by you other than in full compliance with the terms of this Agreement, you shall reimburse Adobe for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance. 
(c) Your license rights under this EULA are non-exclusive. 
(d) You agree 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 of your applications. 

3. License Restrictions
Except to the extent expressly contrary to applicable law or otherwise expressly provided in this Agreement:

(a) 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, distribute or transfer the Software. 
(d) Unless otherwise provided herein, you may not modify the Software or create derivative works based upon the Software.
(e) You shall not (A) in the aggregate, install or use more than one copy of the Software, (B) download the Software under more than one username, (C) alter the contents of a hard drive or computer system to enable the use of the of the Software for an aggregate period in excess of the preview release period for one license to the Software, or (D) use the Software for a purpose other than the sole purpose of determining whether to purchase a license to a commercial or education version of the Software or another Adobe software product which has the functionalities contained in the Software; provided, however, notwithstanding the foregoing, you are strictly prohibited from installing or using the Software for any commercial training purpose. 
(f) You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder.
(g) You may receive the Software in more than one medium but you shall only install or use one medium. Regardless of the number of media you receive, you may use only the medium that is appropriate for the server or computer on which the Software is to be installed. 
(h) In the event that you fail to comply with this EULA, Adobe 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). 
(i)Your rights to use any Adobe Flash player, projector, standalone player, plug-in, or ActiveX control, provided to you as part of or with the Software, shall be solely as set forth in the following link, http://www.adobe.com/go/flashprojectorusage_en .   Unless and except as provided therein, you shall have no rights to use or distribute such software.
(j) No support shall be provided for the Software. 

4. Evaluation Obligations.

(a)  You must evaluate the Software, report any problems with the Software to Adobe, and respond to Adobe's questions regarding your and your employees’ evaluation and use of the Software. Further, you shall provide Adobe comments, review, evaluation, analysis, suggestions, or other feedback regarding your use of the software program (“Program Comments”).  You agree that all Program Comments are made voluntarily and shall not create a confidentiality obligation from Adobe to any party and Adobe shall be free to use any Program Comments in any manner without obligation of any kind to you or any of your employees. 
(b)  You understand and agree that the Software may transmit certain information pertaining to the Software and its use and operation to Adobe electronically and automatically.  For example, the Software may transmit diagnostic information regarding the performance of the Software and the hardware configuration that the Software is being run on to Adobe.  Any information received by Adobe from this transmission will be used by Adobe solely for the purposes of diagnosing and correcting errors in the Software and monitoring compliance with this Agreement.

5. Warranty Disclaimer/Limitation on Liability.

(a) YOU ACKNOWLEDGE THAT THE SOFTWARE IS A PRE-RELEASE VERSION THAT DOES NOT REPRESENT A FINAL PRODUCT, AND MAY CONTAIN BUGS, ERRORS AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM FAILURES.
(b) YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE IS PROVIDED "AS IS" AND “WITH ALL FAULTS”.  ADOBE AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE RELATING TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION WARRANTIES OF PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.  IN ADDITION, ADOBE AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF TITLE, NONINFRINGEMENT OR QUIET ENJOYMENT.  ADOBE 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.  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.  ADOBE SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ADOBE, ITS EMPLOYEES OR ANY THIRD PARTY SHALL CREATE A WARRANTY.  YOU BEAR ALL RISKS OF PERFORMANCE OF THE SOFTWARE.
(c)  NEITHER ADOBE 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 ADOBE 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.   ADOBE’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. (d)  THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THIS AGREEMENT.

6. Term and Termination.

(a)  This Agreement shall continue until terminated as set forth in this Section 6.  In the event that the Software “times out” after a specific period of time, your rights to use such Software shall automatically terminate when such Software ceases to operate.  Either party may terminate this Agreement at any time upon written notice. You shall not be permitted under any circumstances to install or use the Software after the commercial release of the Software (or after the commercial release of another Adobe software product which has the functionalities contained in the Software), at which time this Agreement shall expire and terminate. 
(b)  Upon termination of this Agreement or upon request from Adobe, you will promptly return or destroy the Software and related documentation together with all copies in any form. Sections 1, 2(b), 2(d), 4, 5, 6, 7 and 8 shall survive any termination of this Agreement.

7. Proprietary Rights.

This Agreement gives you limited license to use the Software as set forth in Section 2 hereof.  Except as expressly provided in Section 2, Adobe and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software (as an independent work and as an underlying work serving as a basis for any improvements, modifications, derivative works, and applications you may develop), and all copies thereof. All rights not specifically granted in this Agreement, including U.S. and international Copyrights, are reserved by Adobe and its suppliers.

8. General Provisions.

(a)  This Agreement shall be governed in all respects by the laws of the State of California and any dispute arising out or relating to this Agreement shall be brought exclusively in the state and federal courts in the County of Santa Clara, California. 
(b)  Notices between the parties shall be by personal delivery, facsimile, e-mail or certified mail, return receipt requested, and shall be deemed given upon receipt at the address of the party or five days after deposit in the mail whichever is earlier. 
(c)  This Agreement 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 shall be of no effect. The failure or delay of Adobe to exercise any of its rights under this Agreement or upon any breach of this Agreement shall not be deemed a waiver of those rights or of the breach.
