Adobe Illustrator Logo

I have adobe illustrator on my mac and I am trying to upload a logo from my computer onto a design contest on 99 designs but the picture is being uploaded very blurry and grainy and the edges of the colors are not the same. I am sure its just a problem with my saving settings but I have looked everywhere and I cant find a solutions I have looked into RGB COLORS AND CMYK AND the different formats like png. and jpg but I am still not having success. Can somebody give me like a screenshot or a very detailed way to fix this problem and change the settings. I want it to transfer the exact way it looks in Adobe

Beth,
The right way depends entirely on the specific way the logos are (to be) uploaded.
There ought to be some information about requirements and/or formats and sizes used on the upload site.

Similar Messages

Adobe Illustrator Logo on Transparent Background-Need Help with Altering Logo

Hello all!
I have a logo that was provided to me in Illustrator, but I need it on a completely transparent background. When I place it on a file, it's mostly transparent, except for the white area in the "A" and two "O"s. Do you know how I can make this 100% transparent? I've attached a screenshot to show you what I'm talking about. Any advice/help you can give would be great! Thanks! (Also, I'm using CS6)

Thank you so much Kris!
Jennifer Lydon
Keenan Motor Group
215-933-1177 Ext. 2106

Can I use Adobe Illustrator symbol to create a logo identity?

Is it allowed to use an Adobe Illustrator default symbol (which is normally supplied with the program in the symbols library) to create a logo for a non-for-profit organisation? Is there a contact in Adobe for such enquiries to be officially addressed?
Many thanks,

Thanks, Mylenium. Actually it is for a non-for-profit ogranisation and I am not charging anything for it, it is totally on a probono basis. Also the symbol has been modified from its original form in terms of colour.
Date: Wed, 15 Jul 2009 12:02:57 -0600
From: [email protected]
To:
Subject: Illustrator Can I use Adobe Illustrator symbol to create a logo identity?
Read the Adobe EULA, section 2.7. Basically it says (in human language) that you can use any of the files that come with Adobe programs in your own work as long as you don't sell them 1:1, i.e. it's okay to use a symbol as part of a logo, but not use a unmodified symbol alone and sell it to clients.
Mylenium
>

I just downloaded an app called "Logos for Adobe Illustrator thinking I would be able to design a logo? I can't even figure out hot to start a new project! Did I buy the wrong app?

Did I just waste $30 buying something called "Logos for Adobe Illustrator?" Do I need something else, some other program, to make it work?

Jill,
Presumably, you can create a new document, then File>Place one the templates, then edit it or whatever.
But maybe you should click the Logos for Adobe Illustrator® Support link here:
Mac App Store - Logos for Adobe Illustrator®
Whether it is a waste depends on the quality of the templates and the extent to which you wish to create your own one and only artwork.

Pattern file does not function properly in Adobe illustrator CS5

So I learned Adobe Illustrator CS5 (Say 10%). I have these two files which I downloaded from the net. They are patterns files for animals skins.
The first file is named "Animals_skins.ai" and is taken from htthttp://www.adobe.com/uk/web/tips/ill10qtpatt/p:// and can be downloaded from the same page ftp://ftp.adobe.com/pub/adobe/magic/special/illustrator/win/pattern.zip and has 10 Animal Skins patterns. When I
Open the file directly in Adobe Illustrator CS5, I get the contents of the file as well as they are added directly to the "Swatches Panel" on the left. When I hover over the individual boxes/Thumbnails/rectangles in the Swatches Panel with the mouse, I get the titles like "Jagur" or "Tiger" telling me the name of the patterns.
The same is the Case when I load the file using the "Open Swatch Libary" > "Other Libary" and browse to the file and open it. Works perfectly. I can apply the patterns to any shapes and it works like a charm.
The Second file is named "skins.ai" and is taken from http://www.vectoropenstock.com/4416-Animal-Skin-Patterns-vector and can be dowloaded from the same page http://www.vectoropenstock.com/descargar.php?id_vect=4416 and has 35 Skins Patterns. When I
Open the file directly in Adobe Illustartor CS5, I get the contents of the file showing me the patterns. However they are not added to the "Swatches Panel" directly as the first file does. Insted I get some other colors in the swacthes panel and when I hover over the individual boxes/Thumbnails/rectangles in the Swacthes Panel with the mose, I DON'T get the titles.
The same is the case when I load the file using the "Open Swatch Libary" > "Other Libary" and brose to the file and open it. Does not work. I CAN't apply the patterns to any sahpes. Even If I select the patterns from the main windows by clicking, selecting and draging to the swatches panle and add there. When I apply the same to any shape it applies them but it's all messed up and lines appear around the single/individual pattern if the shape to which it is being applied is big enough.
Can't figure it out that why the first file works and the second files does not. I am new to Illustartor (How many times you have heard that?) and any solution would greatly aid me in my learning process. I need the patterns for a logo design.
I have another 3rd file which has Cow Patterns and it behaves exactly the same way as the second file. Opening it shows me the pattern in the main window but it does not get added to the swatches panle either by adding it using the mouse or opening it using the browse libary method.
Thanks in Advance

you have to read the tutorial in the same page you downloaded the swatches from. It tells you exactly how to make the tiles match.
http://www.adobe.com/uk/web/tips/ill10qtpatt/

Adobe Illustrator CC 2014 Closes on Startup

So my problem is quite simple, I do motion design, and to import logos into Cinema 4D i need to make them into paths within Illustrator, but whenever i open up Illustrator, it closes straight away without any crash reports, nothing, just closes without anything popping up for no reason, I've tried uninstalling and reinstalling multiple times but with no difference in the way it runs(still does exactly the same thing - closes down). Im running windows 8.1 64-bit and Illustrator worked fine when i used Cs6 but not CC 2014.
Any help is appreciated.

Hi Alex,
You can follow the article: Illustrator CC or InDesign CC crashes at launch and Illustrator CC crashes at launch which will help you to get the crash issues fixed with Adobe Illustrator CC.
You can also follow the thread: Illustrator CC Crashes on Launch where this issue is already discussed and stands resolved.
Let us know if it works or not.
Thanks,
Ratandeep Arora

Import Adobe Illustrator With Transparent Background?

I love using Adobe Illustrator for creating graphics/logos for use in our vidoes. For example, I'll lay out some text (a group of names) and a couple of logos on one page. Then I want to import it into FCP. But everytime I try to do this, it imports with a white background. I've tried changing the Alpha Channel settings in the FCP Browser, but they have no effect.
If I open the file in Photoshop, the graphic will import with a transparent background. Then I can save it as a PSD and import it into FCP. This always works fine. But it's a big pain to have to go through Photoshop, just to use Illustrator as my graphic design software of choice.
Is there a way to go straight from Illustrator into FCP?
Mitch

Is there a way to go straight from Illustrator into
FCP?
Mitch
Afraid not... Hey if this was easy EVERYONE would do it!
Jerry

How to use vector file without adobe illustrator?? please help

I am using the free trial period of adobe illustrator to creat a logo. I don't want to buy illustrator b/c I don't plan on using the program for anything else, I would like to save my logo in some kind of vector format so I can use it for lots of different printing options. But I can't figure out how to do this b.c my computer won't open the file without illustrator. Is there anyway to creat a usable print friendly logo without buying illustrator? Thanks for any help!

I believe if you export it to wmf or emf you will have a Vector file that can be used in word or powerpoint and can be placed in other programs as can ai files which can be placed in word or powerpoint documents as vector files.
Flash (swf) is another way of saving it and it is also vector.
However even though you say you will never have use for Illustrator which is what I thought in 1995 when I use it to create a logo, I soon found more use for it and every year since have found a project that has rewarded me many times the cost of the application once I had purchased it. Most of which I never thought I had the need for and probably would not have even made the attempt to make the effort and the profit if I did not own the license.
And every time I say to myself what do i have this application for the opportunities arises yet again.
I thought I would share my experience with you.

Opening Adobe illustrator CS5 file in CorelDraw X5

I was totally new to graphic design and the best I could do was resize images in MS Paint or use Word 2010. Than I discovered Adobe Illustartor as I needed to make a logo and Letter Head. After breaking my head against my monitor (does not hurt any more) and learning it for 2 weeks, I became sufficiently good enough (if I can be excused to say that) and designed the logo and letterhead. Now it has to go to print.
The problem is that all the commercial printers and the people who use them, HERE use CorelDRAW and not only that but also older versions from 9 to 15. They refuse to take Adobe Illustrator files or even CorelDRAW files above version 12 such as v15 or X5. They refuse to work with PDF files also. No Word 2010 files either. Simply and Only CorelDRAW files of version 9 to 12.
The Adobe Illustrator CS5 does not have options of saving the files in ".cdr" format. And when I import or open the ".ai" file in CorelDRAW X5, many things happen. Color changes of text as well as objects. Some objects do not get displayed. Alignment and positioning gets changed, and many others.
I have taken some steps after reading on the net to make it easier for CorelDRAW X5 to import the ".ai" files. And also tried many things. These include, but are not limited to..
Uncheck/disable the "compression" when saving the file in AI-CS5.
Uncheck/disable the "Embed ICC Prile" when saving in AI-CS5.
Convert all text to outlines.
Saving in "SVG", "PDF" all different versions.
Saving in older AI-CS5 Legacy versions.
Exporting the file from AI-CS5 in different file formats.
Importing the file from CD-X5.
Working in RGB Color Mode.
... And many more.
Please note that I can not be expected to fresh learn CD-X5 and abandon AI-CS5 and design from the begining, if that is a "sole" answer. Also my design is simple enough. Attached are 2 pics. One of the logo and the other of the letterhead. Just 3 rounded rectangles filled with 2 color gradients and vectors of animals with styles applied to those animals and with text at the bottom.
The Logohttp://oi44.tinypic.com/ieqs0m.jpg
The LetterHeadhttp://oi41.tinypic.com/1zzj03s.jpg
Please further note (yes! I know, you have heard that many times) that although I was successful in designing (the asthetic beauty of the design is another matter), I am still new to designing. So Color Theroy or Font theroy have not made past me. And I wonder what's the point of having a standard of "SVG" If these so called "Vector Editing Applications" can not handle the files uniformly?
I guess my question is how to either
Export/Save/Save As/Place the file from AI-CS5 to CD-X5
Import/Open/Open As/Place the file in CS-X5 from AI-CS5
Without changes being made to it. My objective to to hand over a print ready file to the printing guys.
Thanks in Advance.

Not CS3 but version 3 like this

Is all adobe illustrator art work in vector art or do you have to convert them to vector?

I created a logo through Adobe illustrator and thought it would automatically be in Vector Art. When I sent the logo to a sign company they said it was pixelated, not Vector. Is it because I converted it into a pdf file before I sent it? And is there some way to get it into Vector Art so I can put it on a sign and it not be blurry?

It is a very basic logo where I used the polygon tool and filled it in red. I then put the Avant Garde decorative border around the shape and filled it in with a darker red. Then I put two letters in the center using the type tool in the font "French Script MT" and turned them white. All of this I made from a new folder under the "print" profile. I saved it as Adobe pdf. and Adobe svg. Unfortunatly, I don't know what step I can take to make all of this vector art. If you know how to help, thanks!

Importing Adobe Illustrator files

I'm trying to import an Adobe Illustrator PDF file and FCE does't allow. Any help appreciated.

Hi(Bonjour)!
Do you own illustrator? You could open logo and export them as PDF with preview.
Can you open your logo in preview app (in Mac OS) and export them in a new version(in pdf or other graphical format)?
Michel Boissonneault

The Adobe Illustrator CC 2014 quit unexpectedly in my 16bg ram Macbook pro???!

Hello there i really coud use ur help here, i have a fu*in mac that i bought about 2000€ just to dont have problems with programs that i work, but its illustrator that it keeps quiting with about nothing example im doing a logo and i duplicate 2 shapes and it fu*ing says the adobe illustrator blla blla is closed !! does anyone know what its going on its my computer or adobe illustrator, my mac performaces are :
MacBook Pro (Retina, 15-inch, Early 2013),
2.7 GHz Intel Core i7, 16 GB 1600 MHz DDR3, NVIDIA GeForce GT 650M 1024 MB...
Please help me im tired of this sh*t!

Please tell us something about your file.
How many paths?
Fonts used?
3rd party plugins used?
Is a printer connected?
What exactly did you do when Illustrator crashed?
Does this happen often?
With simple files?
Where do you save your files?
Have you already tried rebuilding the preferences file?
Could you please be a bit more polite?

Adobe Illustrator CC (Fonts Question)

I have a few questions regarding Adobe Illustrator CC:
1. Does subscription to Adobe Illustrator CC includes a font account (Typekit)? If so which one?
2. Can I use these fonts with my illustrations, graphics, icons, webdesign, banners, logos and sell them? Can I use these for commercial purpose?
3. If my subscription has ended with Adobe Illustrator CC, can I still sell the graphics I have created with the fonts?
I mainly want to start creating different digital illustrations and sell them online. I just want to ask these questions prior to using the fonts.
Thank you in advance

Adobe has sold you a license to use the fonts included with the software when you purchased / rented their software. As I understand it, Type Kit would be separate from the initial install of things like Illustrator and InDesign. When you purchase a font, you buy the license to use it. Commercially. Personally. They're yours with some limitations. You'd have to read the license agreement to find out what you can do and cannot do with the fonts. Once you've used the fonts in an illustration, the artwork becomes your property and you are the owner of the copyrights. Typically, if you'd used a font in your artwork, you would "Create Outlines", thereby converting the font into artwork. This should be done on a copy of the original artwork that uses the original "live" font. You sell and distribute the "Outlined" version and keep the original "Live" version for future edits if necessary. As you move forward with your venture, you should contact a copyright lawyer and discuss your situation with him/her. Your artwork distributed online will open you up to a slew of vulnerabilities, not to mention piratting ( illegal copying ). And, you must definitely apply with the US Copyright Office for official copyrights to your artwork. At a minimum, read the license agreement Adobe supplies you with concerning fonts and font usage. Also, consider joining The Graphic Artist Guild, NY and getting their handbook which includes details regarding your rights, copyrights, legal issues, etc.

How to use Sprout to do vector image tracing of jpg images using Adobe Illustrator or Canvas?

How can you project jpg images on the touch screen and trace from them into a vector draw program such as Adobe Illustrator or Canvas? Can one do such tracing with the magnetic pen on the touch pad. Can one use the magnetic pen on the touch pad much like a mouse in such programs?
In general how well can one use Sprout with programs like Canvas and Illustrator?

I believe if you export it to wmf or emf you will have a Vector file that can be used in word or powerpoint and can be placed in other programs as can ai files which can be placed in word or powerpoint documents as vector files.
Flash (swf) is another way of saving it and it is also vector.
However even though you say you will never have use for Illustrator which is what I thought in 1995 when I use it to create a logo, I soon found more use for it and every year since have found a project that has rewarded me many times the cost of the application once I had purchased it. Most of which I never thought I had the need for and probably would not have even made the attempt to make the effort and the profit if I did not own the license.
And every time I say to myself what do i have this application for the opportunities arises yet again.
I thought I would share my experience with you.

Thinking of selling Adobe Illustrator cs6 software, can it be used on other people's computers if I sell it? l

Thinking of selling my Adobe Illustrator cs6, Mac compatible software plus the Classroom in a Book with lessons CD. I'd really like Photoshop instead. I've never sold software, can it be used on other people's computers if I sell it? I'd have to uninstall it here, through Adobe personally? It's confusing

You will find the below in your legal folder. According to 4.6.1 looks like you cannot sell.
ADOBE
Software License Agreement
PLEASE READ THIS AGREEMENT CAREFULLY. BY COPYING, INSTALLING, OR USING ALL OR ANY PORTION OF THIS SOFTWARE, YOU (HEREINAFTER “CUSTOMER”) ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE PROVISIONS ON LICENSE RESTRICTIONS IN SECTION 4, LIMITED WARRANTY IN SECTIONS 6 AND 7, LIMITATION OF LIABILITY IN SECTION 8, AND SPECIFIC PROVISIONS AND EXCEPTIONS IN SECTION 16. CUSTOMER AGREES THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY CUSTOMER. THIS AGREEMENT IS ENFORCEABLE AGAINST CUSTOMER. IF CUSTOMER DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, CUSTOMER MAY NOT USE THE SOFTWARE.
Customer may have another written agreement directly with Adobe (e.g., a volume license agreement) that supplements or supersedes all or portions of this agreement. The Software is LICENSED, NOT SOLD, only in accordance with the terms of this agreement. Use of some Adobe and some non-Adobe materials and services included in or accessed through the Software may be subject to additional terms and conditions. Notices about non-Adobe materials are available at http://www.adobe.com/go/thirdparty.
The Software may cause Customer’s Computer to AUTOMATICALLY CONNECT TO THE INTERNET. The Software may also require activation or registration. Additional information on activation, Internet connectivity, and privacy is available in Sections 14 and 16.
1. Definitions.
1.1 “Adobe” means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose, California 95110, if this agreement is entered into while Customer is in the United States, Canada, or Mexico; otherwise, it means Adobe Systems Software Ireland Limited, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland.
1.2 “Adobe Runtime(s)” means Adobe AIR, Adobe Flash Player, Shockwave Player, or Authorware Player.
1.3 “Compatible Computer” means a Computer with the recommended operating system and hardware configuration as stated in the Documentation.
1.4 “Computer” means a virtual or physical device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions, including without limitation desktop computers, laptops, tablets, mobile devices, telecommunication devices, Internet-connected devices, and hardware products capable of operating a wide variety of productivity, entertainment, or other software applications.
1.5 “Customer” means you and any legal entity that obtained the Software and on whose behalf it is used; for example, and as applicable, your employer.
1.6 “Internal Network” means a private, proprietary network resource accessible only by employees and individual contractors (i.e., temporary employees) of a specific corporation or similar business entity. Internal Network does not include portions of the Internet or any other network community open to the public, such as membership or subscription driven groups, associations, and similar organizations.
1.7 “Output File” means an output file Customer creates with the Software.
1.8 “Permitted Number” means one (1) unless otherwise indicated under a valid license (e.g., volume license) granted by Adobe.
1.9 “Software” means (a) all of the information with which this agreement is provided, including but not limited to: all software files and other computer information; (ii) any proprietary scripting logic embedded within exported file formats or used in an Adobe Online Service; (iii) sample and stock photographs, images, sounds, clip art and other artistic works bundled with Adobe software or made available by Adobe on Adobe’s website for use with the Adobe software and not obtained from Adobe through a separate service (unless otherwise noted within that service) or from another party (“Content Files”); (iv) related explanatory written materials and files (“Documentation”); and (v) fonts; and (b) any modified versions and copies of, and upgrades, updates, and additions to, such information, provided to Customer by Adobe at any time, to the extent not provided under separate terms (collectively, “Updates”).
2. Software License; Membership.
2.1 Software License. This Section 2.1 applies to Customers who have purchased a license to the Software but have not purchased a membership-based license or service such as the Creative Cloud membership (as described in Section 2.2).
2.1.1 License Grant. Subject to Customer’s continuous compliance with this Agreement and payment of the applicable license fees, Adobe grants Customer a non-exclusive and limited license to install and use the Software (a) in the territory or region where Customer obtains the Software from Adobe or Adobe’s authorized reseller or as otherwise stated in the Documentation (“Territory”), (b) during the term of such license (“License Term”), (c) within the scope of the License Type and on the Permitted Number of Customer’s Compatible Computers as specified in the Documentation, and (d) in a manner consistent with the terms of this Agreement and applicable Documentation. Unless otherwise defined in this Agreement, in the applicable Documentation, or at the time of purchase, License Term shall be perpetual. Upon the expiration or termination of the License Term, some or all of the Software may cease to operate without prior notice. Upon expiration or termination of the License Term, Customer may not use the Software unless Customer has renewed the license. The license granted herein is supplemented by specific provisions in Section 16 as related to the use of certain applicable products and components that may be included in the Software such as font software, Acrobat, After Effects, Adobe Presenter, Contribute, Flash Player, Flash Builder, Digital Publishing Suite, and Adobe Runtimes.
2.1.2 License Types.
2.1.2.1 Non-Serialized Software. The Software, or portions of the Software, that are provided without a serial number during the License Term may only be installed and used on any number of Compatible Computers as part of an organizational deployment plan during the License Term for demonstration, evaluation, and training purposes only, and only if any Output Files or other materials produced through such use are used only for internal, non-commercial, and non-production purposes. THE NON-SERIALIZED SOFTWARE IS PROVIDED “AS-IS”. ACCESS TO AND USE OF ANY OUTPUT FILES CREATED WITH SUCH NON-SERIALIZED SOFTWARE IS ENTIRELY AT CUSTOMER’S OWN RISK.
2.1.2.2 Evaluation Software. The Software, or portions of the Software, that are provided with a serial number designated for “evaluation purposes” or other similar designation (such as Software or a serial number supplied as “EVAL” under a separate agreement) (“Evaluation Software”) may only be installed and used on Permitted Number of Compatible Computers during the License Term for demonstration, evaluation, and training purposes only, and only if any Output Files or other materials produced through such use are used only for internal, non-commercial, and non-production purposes. THE EVALUATION SOFTWARE IS PROVIDED “AS IS”. ACCESS TO AND USE OF ANY OUTPUT FILES CREATED WITH SUCH EVALUATION SOFTWARE IS ENTIRELY AT CUSTOMER’S OWN RISK.
2.1.2.3 Subscription Edition. For the Software available on a subscription-basis (“Subscription Edition”), Customer may install and use the Subscription Edition only on the Permitted Number of Compatible Computer during the License Term. Subject to the Permitted Number of Computers for the Subscription Edition, Adobe may allow Customer to install and use the most recent prior version of the Subscription Edition and the current version of the Subscription Edition on the same Computer during the License Term. Customer agrees that Adobe may change the type of Software (such as specific components, versions, platforms, languages, etc.) included in the Subscription Edition at any time and shall not be liable to Customer whatsoever for such change. Ongoing access to a Subscription Edition requires: (a) a recurring Internet connection to activate, renew, and validate the license, (b) Adobe or its authorized reseller’s receipt of recurring subscription payments, and (c) Customer’s agreement to subscription terms and other additional terms and conditions that are available athttp://www.adobe.com/go/paymentterms or at the time of purchase. If Adobe does not receive the recurring subscription payment or cannot validate the license periodically, then the Software may become inactive without additional notice until Adobe receives the payment or validates the license.
2.1.3 Portable or Home Computer Use. Subject to the restrictions set forth in Section 2.1.4, the primary user of the Computer on which the Software is installed under Section 2.1 (“Primary User”) may install a second copy of the Software for his or her exclusive use on either a portable Computer or a Computer located at his or her home, provided that the Software on the portable or home Computer is not used at the same time as the Software on the primary Computer.
2.1.4 Restrictions on Secondary Use by Volume Licensees. If the Software was obtained under an Adobe volume license program or agreement (such as Adobe Volume Licensing) by any licensee other than an educational volume licensee, then the second copy of the Software made under Section 2.1.3 must be used solely for the benefit and business of that volume licensee.
2.1.5 Dual Boot Platform. The Software is licensed for use on a specific operating system platform. Customer must purchase a separate license for use of the Software on each operating system platform. By way of example, if Customer desires to install the Software on both the Mac OS and Windows operating system platforms on a device that runs both of those platforms (i.e., a dual boot machine), then Customer must first obtain two separate licenses for the Software. This is true even if two versions of the Software, each designed for a different operating system platform, are delivered to Customer on the same media.
2.1.6 Distribution from a Server. As permitted by the Documentation, Customer may copy an image of the Software onto a Computer file server within Customer’s Internal Network (“Server”) for the purpose of downloading and installing the Software onto Computers within the same Internal Network for use only as permitted by this Section 2.
2.1.7 Server Use.
2.1.7.1 As permitted in a separate purchasing document or Documentation and subject to license restrictions stated in this Agreement, Customer may install the Software on a Server only for the purpose of allowing an individual from a Computer within the same Internal Network (“Network User”) to access and use the Software. The Network User who has access to such Software on the Server is referred to as “Server Software User”. The total number of Server Software Users (not the concurrent number of users) may not exceed the Permitted Number. By way of example, if Customer has purchased 10 licenses of Software (Permitted Number is 10) and Customer elects to install the Software on a Server, then Customer can only allow up to 10 Server Software Users the access to the Software (even though Customer may have more than 10 Network Users or fewer than 10 concurrent users of the Software).
2.1.7.2 For clarification and without limitation, the foregoing does not permit Customer to install or access (either directly or through commands, data, or instructions) the Software: (a) from or to a Computer not part of Customer’s Internal Network; (b) for enabling web hosted workgroups or web hosted services available to the public; (c) by any individual or entity to use, download, copy, or otherwise benefit from the functionality of the Software unless licensed to do so by Adobe; (d) as a component of a system, workflow or service accessible by more than the Permitted Number of users; or (e) for operations not initiated by an individual user (e.g., automated server processing).
2.2 Membership. This Section 2.2 applies to Customers who have purchased a membership-based license or service such as the Creative Cloud membership (collectively, “Membership”).
2.2.1 Adobe Online Services Related to the Membership. Subject to Customer’s continuous compliance with this Agreement and payment of the applicable membership fees, if any, Adobe grants Customer a non-exclusive, Territory-wide and limited right to access and use the Software and related Adobe Online Service (as further described in Section 16.4.1) as part of the Membership, subject to the terms stated in this Agreement and the Additional Terms of Use (as the term is defined in Section 14.1.3 below).
2.2.2 Software License Related to the Membership. Subject to Customer’s continuous compliance with this Agreement and payment of the applicable membership fees, if any, Adobe grants Customer a non-exclusive and limited license to install and use the Software: (a) in the Territory, (b) during the period that the Membership is current and active (“Membership Term”) and (c) in a manner consistent with the terms of this Agreement and applicable Documentation. Upon the expiration or termination of the Membership Term, some or all of the Software may cease to operate without prior notice and (y) Customer may not use the Software unless Customer has renewed the membership. All terms related to the specific Software as stated in this Agreement shall remain effective and continue to apply to Customer and its use of such Software.
2.2.3 Restrictions. Customer agrees to the following additional terms and restrictions related to the Membership: (a) Adobe may change the type of Software (such as specific products, components, versions, platforms, languages, etc.) included in the Membership at any time and shall not be liable to Customer whatsoever for such change; (b) Customer may be required to connect to the Internet and log in at any time during the Membership Term; (c) Software may automatically connect to the Internet to verify Customer’s Membership without notice at any time; and (d) Customer may not enable or allow others to use the Software as Customer.
2.3 Content Files. Unless stated otherwise in the “Read-Me” files, Documentation, or other license(s) associated with the Content Files, Customer may use, display, modify, reproduce, and distribute any of the Content Files. However, Customer may not distribute the Content Files on a stand-alone basis (i.e., in circumstances in which the Content Files constitute the primary value of the product being distributed), and Customer may not claim any trademark rights in the Content Files or derivative works thereof. Nothing stated herein shall affect the ownership of the Software as stated in Section 3.
2.4 Sample Application Code. Customer may modify the source code form of those portions of the Software programs that are expressly identified as sample code, sample application code, code snippets, ActionScript class files, or sample components (each, “Sample Application Code”) in the accompanying Documentation solely for the purposes of designing, developing, and testing websites and applications developed using Adobe software programs; provided, however, Customer is permitted to copy and distribute the Sample Application Code (modified or unmodified) only if all of the following conditions are met: (a) Customer distributes only the compiled object code versions of the Sample Application Code with its application; (b) Customer does not include the Sample Application Code in any product or application designed for website development; and (c) Customer does not use the Adobe name, logos, icons, or other Adobe trademarks to market its application. Customer agrees 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 or distribution of its application.
2.5 Programming Languages. The Software may include portions of the ExtendScript SDK and Pixel Bender SDK. Subject to the restrictions contained in this Section 2, Adobe grants to Customer a nonexclusive, nontransferable, royalty-free license to use the items in the ExtendScript SDK and Pixel Bender SDK only for the purpose of internal development of application programs designed to function with Adobe products. Except as expressly provided in this Section 2.5, no portions of the ExtendScript SDK or the Pixel Bender SDK may be modified or distributed. Customer agrees 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 such distribution.
2.6 Documentation Copies. Customer may make copies of the Documentation for its own internal use in connection with use of the Software in accordance with this agreement, but no more than the amount reasonably necessary.
3. Intellectual Property Ownership.
The Software and any authorized copies that Customer makes are the intellectual property of and are owned by Adobe Systems Incorporated and its suppliers. The structure, organization, and source code of the Software are the valuable trade secrets and confidential information of Adobe Systems Incorporated and its suppliers. The Software is protected by law, including but not limited to the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this agreement does not grant Customer any intellectual property rights in the Software. All rights not expressly granted are reserved by Adobe and its suppliers.
4. Restrictions and Requirements.
4.1 Proprietary Notices. Any permitted copy of the Software (including without limitation Documentation) that Customer makes must contain the same copyright and other proprietary notices that appear on or in the Software.
4.2 Use Obligations. Customer agrees that it will not use the Software other than as permitted by this agreement and that it will not use the Software in a manner inconsistent with its design or Documentation.
4.3 No Modifications. Except as expressly permitted in Sections 2 or 16, Customer may not modify, port, adapt, or translate the Software.
4.4 No Reverse Engineering. Except as otherwise expressly permitted in Section 16.1, Customer will not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Software.
4.5 No Unbundling. The Software may include various applications and components, may allow access to different Adobe Online Services, may support multiple platforms and languages, and may be provided to Customer on multiple media or in multiple copies. Nonetheless, the Software is designed and provided to Customer as a single product to be used as a single product on Computers as permitted herein. Unless otherwise permitted in the Documentation, Customer is not required to install all component parts of the Software, but Customer may not unbundle the component parts of the Software for use on different Computers.
4.6 No Transfer.
4.6.1 CUSTOMER WILL NOT RENT, LEASE, SELL, SUBLICENSE, ASSIGN, OR TRANSFER ITS RIGHTS IN THE SOFTWARE (INCLUDING WITHOUT LIMITATION, SOFTWARE OBTAINED THROUGH A WEB DOWNLOAD), OR AUTHORIZE ANY PORTION OF THE SOFTWARE TO BE COPIED ONTO ANOTHER INDIVIDUAL OR LEGAL ENTITY’S COMPUTER EXCEPT AS MAY BE EXPRESSLY PERMITTED HEREIN.
4.6.2 Except with regard to Educational Software Products (as defined in Section 16.3), Pre-release Software (as defined in Section 16.2), Evaluation Software, not-for-resale copies of the Software, or Software obtained through an Adobe volume license program and further subject to Section 4.6.3, Customer may permanently transfer all its rights to use the Software to another individual or legal entity provided that: (a) Customer also transfers this agreement, (ii) the serial number(s), the Software affixed to media provided by Adobe or its authorized distributor, and all other software or hardware bundled, packaged, or pre-installed with the Software, including all copies, Updates, and Prior Versions (as defined in Section 5, below), and (iii) all copies of font software to such individual or entity; (b) Customer retains no Updates, Prior Versions, or copies, including backups and copies stored on a Computer; and (c) the receiving party accepts the terms and conditions of this agreement and any other terms and conditions under which Customer purchased a valid license to the Software. Additional information on transferring volume licensed software is available at http://www.adobe.com/go/volumepolicies.
4.6.3 If the Software requires recurring activation or registration and Adobe grants Customer’s request to be exempted from the requirement of such recurring activation or registration, then in addition to the restrictions set forth in the Activation Terms (as defined in Section 14.3), then the right to permanently transfer as stated in Section 4.6.2 shall terminate immediately upon the grant of such request.
4.7 No Service Bureau. Customer will not use or offer the Software on a service bureau basis. Section 16.6.3 provides a limited exception for font software only.
4.8 Adobe Runtime Restrictions. Customer will not use Adobe Runtimes on any non-PC device or with any embedded or device version of any operating system. For the avoidance of doubt, and by example only, Customer may not use Adobe Runtimes on any (a) mobile device, set top box, handheld, phone, game console, TV, DVD player, media center (other than with Windows XP Media Center Edition and its successors), electronic billboard or other digital signage, Internet appliance or other Internet-connected device, PDA, medical device, ATM, telematic device, gaming machine, home automation system, kiosk, remote control device, or any other consumer electronics device; (b) operator-based mobile, cable, satellite, or television system; or (c) other closed system device. Additional information on licensing Adobe Runtimes is available at http://www.adobe.com/go/licensing.
4.9 Territory. Customer shall only use the Software and access the Adobe Online Services in the Territory and in a manner consistent with the activation policy described at http://www.adobe.com/go/activation. Adobe may terminate the license granted herein or suspend the Membership or access to the Adobe Online Services if Adobe determines that Customer is using the Software or Adobe Online Services outside the Territory.
5. Updates.
If the Software is an Update to a prior version of Adobe software (the “Prior Version”), then Customer’s use of this Update is conditional upon its retention of the Prior Version. Therefore, if Customer validly transfers this Update pursuant to Section 4.6, the Customer must transfer the Prior Version along with it. If Customer wishes to use this Update in addition to the Prior Version, then Customer may only do so on the same Computer on which it has installed and is using the Prior Version. Any obligations that Adobe may have to support Prior Versions during the License Term may end upon the availability of this Update. No other use of the Update is permitted. Additional Updates may be licensed to Customer by Adobe with additional or different terms.
6. Limited Warranty.
Except as otherwise stated in a separate agreement between Adobe and a Software licensee, Adobe warrants to the individual or entity that first purchases a license for the Software for use pursuant to the terms of this agreement that the Software will perform substantially in accordance with the corresponding user manual for the Software for the shorter period of (a) the ninety (90) day period or (b) License Term following receipt of the Software (“Warranty Period”) when used on the Compatible Computer. Non-substantial variation of performance from the user manual does not establish a warranty right. This limited warranty does not apply to the following, which are made available AS-IS and without warranty from Adobe: patches; (ii) font software; (iii) Pre-release Software, trial, starter, evaluation, product sampler, Evaluation Software, and not-for-resale copies of the Software; (iv) websites, Adobe Online Services; and Third Party Online Services; (v) Certified Document Services (see Section 16); and (vi) any software made available by Adobe for free via web download from an Adobe website. All warranty claims must be made, along with proof of purchase, to the Adobe Customer Support Department within such Warranty Period. Additional information on warranty claims is available at http://www.adobe.com/go/support. The entire liability of Adobe and its affiliates related to such warranty claim and Customer’s sole and exclusive remedy under any warranty will be limited to either, at Adobe’s option, support of the Software based on the warranty claim, replacement of the Software, or, if support or replacement is not practicable at Adobe’s determination, refund of the license fee Customer paid for the Software (if any). THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES CUSTOMER SPECIFIC LEGAL RIGHTS. CUSTOMER MAY HAVE ADDITIONAL RIGHTS UNDER LAW WHICH MAY VARY FROM JURISDICTION TO JURISDICTION. ADOBE DOES NOT SEEK TO LIMIT CUSTOMER’S WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. Please see Section 16 for jurisdiction-specific provisions or contact the Adobe Customer Support Department.
7. Disclaimer.
THE LIMITED WARRANTY IN SECTION 6 AND ANY STATUTORY WARRANTY AND REMEDY THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW ARE THE ONLY WARRANTIES AND EXCLUSIVE REMEDIES APPLICABLE TO THE SOFTWARE. OTHER THAN THOSE OFFERED AND STATUTORY WARRANTIES AND REMEDIES, ADOBE, ITS AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES (DEFINED BELOW) DISCLAIM ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE AS TO ANY MATTER, INCLUDING BUT NOT LIMITED TO PERFORMANCE, SECURITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. OTHER THAN SUCH OFFERED AND STATUTORY WARRANTIES AND REMEDIES, THE SOFTWARE AND ACCESS TO ANY WEBSITES, ADOBE OR THIRD PARTY ONLINE SERVICES, AND CERTIFICATE AUTHORITY SERVICES ARE PROVIDED AS-IS AND WITH ALL FAULTS. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS. CUSTOMER MAY HAVE ADDITIONAL WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ADOBE DOES NOT SEEK TO LIMIT CUSTOMER’S WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. The provisions of Sections 7 and Section 8 will survive the termination of this agreement, howsoever caused, but this will not imply or create any continued right to use the Software after termination of this agreement.
8. Limitation of Liability.
EXCEPT FOR THE EXCLUSIVE REMEDY OFFERED BY ADOBE ABOVE AND ANY REMEDIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW, ADOBE, ITS AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES WILL NOT BE LIABLE TO CUSTOMER FOR ANY LOSS, DAMAGES, CLAIMS, OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS. IN ANY EVENT, ADOBE’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, SUPPLIERS, AND CERTIFICATE AUTHORITIES UNDER OR IN CONNECTION WITH THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. Nothing contained in this agreement limits Adobe’s liability to Customer 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 affiliates, suppliers, and Certificate Authorities for the purpose of disclaiming, excluding and limiting obligations, warranties, and liability, but in no other respects and for no other purpose.
THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN CUSTOMER’S JURISDICTION. THIS LIMITATION OF LIABILITY MAY NOT BE VALID IN SOME JURISDICTIONS. CUSTOMER MAY HAVE RIGHTS THAT CANNOT BE WAIVED UNDER CONSUMER PROTECTION AND OTHER LAWS. ADOBE DOES NOT SEEK TO LIMIT ITS WARRANTY OR REMEDIES TO ANY EXTENT NOT PERMITTED BY LAW. SEE SECTION 16 FOR JURISDICTION-SPECIFIC STATEMENTS.
9. Export Rules.
Customer acknowledges that the Software is subject to the U.S. Export Administration Regulations (the “EAR”) and that Customer will comply with the EAR. Customer will not export or re-export the Software, directly or indirectly, to: (a) any countries that are subject to U.S. export restrictions (including, but not limited to, Cuba, Iran, North Korea, Sudan, and Syria), (b) any end user whom Customer knows or has reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems, or (c) any end user who has been prohibited from participating in the U.S. export transactions by any federal agency of the U.S. government. In addition, Customer is responsible for complying with any local laws in Customer’s jurisdiction which may impact its right to import, export or use the Software. If Adobe has knowledge that a violation has occurred, Adobe may be prohibited from providing maintenance and support for the Software.
10. Governing Law.
If Customer is a consumer who uses the Software for only personal non-business purposes, then this agreement will be governed by the laws of the jurisdiction which Customer purchased the license to use the Software. If Customer is not such a consumer, this agreement will be governed by and construed in accordance with the substantive laws in force in: (a) the State of California, if a license to the Software is obtained when Customer is in the United States, Canada, or Mexico; (b) Japan, if a license to the Software is obtained when Customer is in Japan; (c) Singapore, if a license to the Software is obtained when Customer is in a member state of the Association of Southeast Asian Nations, Mainland China, Hong Kong S.A.R., Macau S.A.R., Taiwan, or the Republic of Korea; or (d) England and Wales, if a license to the Software is obtained when Customer is in any jurisdiction not described above. The respective courts of Santa Clara County, California when California law applies, Tokyo District Court in Japan, when Japanese law applies, and the competent courts of London, England, when the law of England and Wales applies, shall each have non-exclusive jurisdiction over all disputes relating to this agreement. When Singapore law applies, any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC”) for the time being in force, which rules are deemed to be incorporated by reference into this section. There shall be one arbitrator, selected jointly by the parties. If the arbitrator is not selected within thirty (30) days of the written demand by a party to submit to arbitration, the Chairman of the SIAC shall make the selection. The language of the arbitration shall be English. Notwithstanding any provision in this agreement, Adobe or Customer may request any judicial, administrative, or other authority to order any provisional or conservatory measure, including injunctive relief, specific performance, or other equitable relief, prior to the institution of legal or arbitration proceedings, or during the proceedings, for the preservation of its rights and interests or to enforce specific terms that are suitable for provisional remedies. This agreement will not be governed by the following, the application of which is hereby expressly excluded: the conflict of law rules of any jurisdiction, (y) the United Nations Convention on Contracts for the International Sale of Goods, and (z) the Uniform Computer Information Transactions Act, as enacted in any jurisdiction.
11. General Provisions.
If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which will remain valid and enforceable according to its terms. This agreement may only be modified in writing, signed by an authorized officer of Adobe. The English version of this agreement will be the version used when interpreting or construing this agreement. This is the entire agreement between Adobe and Customer relating to the Software and it supersedes any prior representations, discussions, undertakings, communications, or advertising relating to the Software.
12. Notice to U.S. Government End Users.
12.1 U.S. Government Licensing of Adobe Technology. Customer agrees that when licensing Adobe Software for acquisition by the U.S. Government, or any contractor therefore, Customer will license consistent with the policies set forth in 48 C.F.R. Section 12.212 (for civilian agencies) and 48 C.F.R. Sections 227.7202-1 and 227.7202-4 (for the Department of Defense). For U.S. Government End Users, Adobe agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence will be incorporated by reference into this agreement.
12.2 Commercial Items. For U.S. Government End Users, Software is a “Commercial Item(s),” as that term is defined at 48 C.F.R. Section 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable. Consistent with 48 C.F.R. Section 12.212 or 48 C.F.R. Sections 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
13. Compliance with Licenses.
If Customer is a business, company, or organization, Customer agrees that, in addition to any license compliance checking performed by the Software, Adobe or its authorized representative have the right, no more than once every twelve (12) months, upon seven (7) business days’ prior notice to Customer, to inspect Customer’s records, systems, and facilities to verify that its use of any and all Adobe software or service is in conformity with its valid licenses from Adobe. For example, Adobe has the right to those of Customer’s records useful to determine whether installations of the Software have been serialized, and Customer shall provide such records to Adobe promptly upon request by Adobe. Additionally, Customer shall provide Adobe with all records and information requested by Adobe in order to verify that its use of any and all Adobe software is in conformity with its valid licenses from Adobe within thirty (30) days of Adobe’s request. Additional information on serialization is available at http://www.adobe.com/go/elicensing.
14. Internet Connectivity and Privacy.
14.1 Automatic Connections to the Internet. The Software may cause Customer’s Computer, without notice, to automatically connect to the Internet and to communicate with an Adobe website or Adobe domain for purposes such as license validation and providing Customer with additional information, features, or functionality. Unless otherwise specified in Sections 14.2 through 14.7, the following provisions apply to all automatic Internet connections by the Software:
14.1.1 Whenever the Software makes an Internet connection and communicates with an Adobe website, whether automatically or due to explicit user request, the Privacy Policy shall apply. Adobe Privacy Policy allows tracking of website visits and it addresses in detail the topic of tracking and use of cookies, web beacons, and similar devices.
14.1.2 Whenever the Software connects to Adobe over the Internet, certain Customer information is collected and transmitted by the Software to Adobe pursuant to the Adobe Online Privacy Policy available at http://www.adobe.com/go/privacy (“Privacy Policy”).
14.1.3 If Customer accesses an Adobe Online Service (as defined in Section 16.4 below) or activates or registers the Software, then additional information such as Customer’s Adobe ID, user name, and password may be transmitted to and stored by Adobe pursuant to the Privacy Policy and additional terms of use related to such Adobe Online Service (collectively with the Adobe.com terms of use and any applicable terms, the “Additional Terms of Use”).
14.1.4 As permitted by applicable law or as consented to by Customer, Adobe may (a) send Customer transactional messages to facilitate the Adobe Online Service or the activation or registration of the Software or Adobe Online Service, or (b) deliver in-product marketing to provide information about the Software and other Adobe products and Services using information including but not limited to platform version, version of the Software, license status, and language.
14.2 Updating. The Software may cause Customer’s Computer, without additional notice, to automatically connect to the Internet (intermittently or on a regular basis) to (a) check for Updates that are available for download to and installation on the Computer and (b) notify Adobe of the results of installation attempts.
14.3 Activation. The Software may require Customer to (a) obtain an Adobe ID, (b) activate or reactivate the Software, (c) register the software, or (d) validate the Membership. Such requirement may cause Customer’s Computer to connect to the Internet without notice on install, on launch, and on a regular basis thereafter. Once connected, the Software will collect and transmit information to Adobe as further described at http://www.adobe.com/go/activation (“Activation Terms”). Software or Customer may also receive information from Adobe related to Customer’s license, subscription, or Membership. Adobe may use such information to detect or prevent fraudulent or unauthorized use not in accordance with a valid license, subscription, or Membership. Failure to activate or register the Software, validate the subscription or Membership, or a determination by Adobe of fraudulent or unauthorized use of the Software may result in reduced functionality, inoperability of the Software, or a termination or suspension of the subscription or Membership.
14.4 Deactivation. Customer may deactivate and uninstall the Software from its Computer in order to install and activate the Software on another Computer in accordance with this agreement (“Deactivation”) and as further described in http://www.adobe.com/go/activation. Deactivation requires Internet connectivity.
14.5 Use of Online Services. The Software may cause Customer’s Computer, without additional notice and on an intermittent or regular basis, to automatically connect to the Internet to facilitate Customer’s access to content and services that are provided by Adobe or third parties as further described in Section 16.4 (Online Services). In addition, the Software may, without additional notice, automatically connect to the Internet to update downloadable materials from these online services so as to provide immediate availability of these services even when Customer is offline.
14.6 Digital Certificates. The Software uses digital certificates (as described in Section 16.5) to help Customer identify downloaded files (e.g., applications and content) and the publishers of those files. For example, Adobe AIR uses digital certificates to help Customer identify the publisher of Adobe AIR applications. The Adobe Acrobat family of products also uses digital certificates to sign and validate signatures within Portable Document Format (“PDF”) documents and to validate certified PDF documents. Customer’s Computer may connect to the Internet at the time of validation of a digital certificate.
14.7 Settings Manager. The Software may include Flash Player. Flash Player may save certain user settings by storing them on Customer’s Computer as a local shared object. They are associated with the instance of Flash Player on the Computer, allowing Customer to customize runtime features. The Flash Player Settings Manager permits Customer to modify such settings, including the ability to limit third parties from storing local shared objects or grant third party content the right to access the computer’s microphone and camera. Additional information on how to configure settings in its version of Flash Player, including information on how to disable local shared objects using the Flash Player Settings Manager, is available at http://www.adobe.com/go/settingsmanager. Additional information on local shared objects is available at http://www.adobe.com/go/flashplayer_security.
15. Peer-to-Peer Communications.
The Software may use Customer’s connection to a local area network, without additional notice, to automatically connect to other Adobe software and, in doing so, may indicate on the local area network that it is available for communication with other Adobe software. These connections may transmit the IP Address of Customer’s connection to the local network.
16. Specific Provisions and Exceptions.
This section sets forth specific provisions related to certain products and components of the Software as well as limited exceptions to the above terms and conditions. To the extent that any provision in this section is in conflict with any other term or condition in this agreement, the terms stated in this section will supersede such other term or condition.
16.1 No Prejudice; European Economic Area Provisions; Australia Mandatory Notice.
16.1.1 This agreement will not prejudice the statutory rights of any party, including those dealing as consumers. For example, for consumers in New Zealand who obtain the Software for personal, domestic, or household use (not business purposes), this agreement is subject to the Consumer Guarantees Act.
16.1.2 If Customer obtained the Software in the European Economic Area (EEA), Customer usually resides in the EEA and Customer is a consumer (that is its use of the Software is for personal, non-business related purposes), then Section 6 (Limited Warranty) does not apply to Customer’s purchase and use of the Software. Instead, Adobe warrants for a period of 2 years from purchase that the Software provides the functionalities set forth in the applicable user manual (the “agreed upon functionalities”) when used on the Compatible Computer. Non-substantial variation from the agreed upon functionalities will not establish any warranty rights. THIS WARRANTY DOES NOT APPLY TO SOFTWARE THAT CUSTOMER USES ON A PRE-RELEASE, TRYOUT, STARTER, OR PRODUCT SAMPLER BASIS, OR TO FONT SOFTWARE, OR TO THE EXTENT THE SOFTWARE FAILS TO PERFORM BECAUSE IT HAS BEEN ALTERED BY CUSTOMER. To make a warranty claim, Customer must notify the Adobe Customer Support Department during this 2 year period, providing details of proof of purchase of the Software. Adobe will verify with Customer whether there is a defect in the Software or advise Customer that the error arises because Customer has not installed the Software correctly (in which case, Adobe shall assist Customer). If there is a defect in the Software, Customer may request from Adobe either a refund or a repaired or replacement copy of the Software. Requests must be accompanied by proof of purchase. In the event Customer’s warranty details are substantiated, Adobe will meet Customer’s request for repaired or replacement Software, unless it is not reasonable for Adobe to do so, in which case Adobe will provide Customer with a refund. For warranty assistance, please contact the Adobe Customer Support Department.
Please note that the provisions of Section 8 (Limitation of Liability) will continue to apply to any damages claims Customer makes in respect of its use of the Software. Nonetheless, Adobe shall be liable for direct losses that are reasonably foreseeable in the event of a breach by Adobe of this agreement. Customer is advised to take all reasonable measures to avoid and reduce damages, in particular by making back-up copies of the Software and its computer data.
This agreement, and in particular this Section 16.1.2, is intended to describe Customer’s rights (including its statutory rights) in the event there should be problems with its use of the Software. If Customer’s statutory rights are greater than this description, its statutory rights shall apply.
16.1.3 Nothing included in this agreement (including Section 4.4) shall limit any non-waivable right to decompile the Software that Customer may enjoy under applicable law. For example, if Customer is located in the European Union (EU), Customer may have the right upon certain conditions specified in the applicable law to decompile the Software if it is necessary to do so in order to achieve interoperability of the Software with another software program, and Customer has first asked Adobe in writing to provide the information necessary to achieve such operability and Adobe has not made such information available. In addition, such decompilation may only be performed by Customer or someone else entitled to use a copy of the Software on Customer’s behalf. Adobe has the right to impose reasonable conditions before providing such information. Any information supplied by Adobe or obtained by Customer, as permitted hereunder, may only be used by Customer for the purpose described herein and may not be disclosed to any third party or used to create any software that is substantially similar to the expression of the Software or used for any other act that infringes the copyright of Adobe or its licensors.
16.1.4 If Customer obtains the Software in Australia, then the following provision shall apply, notwithstanding anything stated to the contrary in this Agreement:
NOTICE TO CONSUMERS IN AUSTRALIA:
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Our software products also come with a 90-day limited warranty given by Adobe Systems Software Ireland Limited, with an office at 4-6 Riverwalk, Citywest Business Campus, Dublin, Ireland, as set out in the Agreement. If your products do not provide the general features and functions described in the User Documentation in the 90-day period after delivery to you, please call the Adobe Customer Support Department at 1800 614 863 with details of your product, serial number, and proof of purchase. You may be required to return the software product to the address we provide to you at the time, in which case such return will be at your own cost. The benefits under this warranty are in addition to other rights and remedies that you may have at law.
16.2 Pre-release Software Additional Terms. If the Software is pre-commercial release or beta software (“Pre-release Software”), then this section applies. The Pre-release Software does not represent final product from Adobe, and may contain bugs, errors, and other problems that could cause system or other failures and data loss. Adobe may never commercially release the Pre-release Software. If Customer received the Pre-release Software pursuant to a separate written agr

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