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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 par-
ticular result. Adobe shall not be liable for loss or damage arising out of this Agreement or from the dis-
tribution 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 SOFT-
WARE, 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, 5 and 6 shall survive the ter-
mination 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, INCI-
DENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENT-
ATIVE 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 AP-
PLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ADOBE'S AGGRE-
GATE 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 and the Adobe logo are the registered trademarks or trademarks of Adobe in the
United States and other countries. With the exception of referential use, you will not use such trade-
marks or any other Adobe trademark or logo without separate prior written permission granted by Ado-
be.
7.
TERM This Agreement is effective until terminated. Adobe has the right to terminate this Agreement im-
mediately if you fail to comply with any term hereof. Upon any such termination, you must return to Ado-
be 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 un-
der 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 substan-
tive 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 gov-
erned 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, Cal-
ifornia, 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 in-
strument in writing signed by an authorized signatory of Adobe. When conflicting language exists be-
tween 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 ex-
clusive 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.
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