AVID Announces Agreement to Acquire Euphonix?
I have just seen on the AVID website that they have acquired the Apple Power Trio partner, Euphonix. Quite what this means for the future of controlling Logic, I'm not sure, as I have only just seen the news for myself. If anyone else would care to comment, I would be interested to know!
Eddie Eagle wrote:
But, since Logic Pro 9.1.1, is still somewhat buggy
I had different troubles with EuCon and Logic within the last year with different versions of logic (PPC and Intel). I do not know which components are responsible. Although if there are incompatible AU Plug-Ins logic AU manager should detect the problems before crashing. I had the power trio crash quite often. Mostly both applications crashed together.
I had this happen on different machines and with different MC Units. I was hoping its more stable. This is the main reason which keeps me from getting a MCPro.
Eddie
Hi,
The EuCon protocol... it is not an AU plug-in. It is a special driver used only for the Euphonix equipment.
Here is what the Euphonix techs recommended I do :
Every time I update any audio related software, to run permissions repair on my system drive.
Sometimes the EuCon driver permissions get whacked, so you need to reset them to the proper settings.
I've had a MC Control and an MC Mix for a little over 13 months, and when it acts up, I do the repair permissions, and that solves the issue.
Also, do have the correct drivers from them, for your Mac OS
Cheers
Similar Messages
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Hi,
I work at Oil company in the UAE and we wanted to use iPads at work but Microsoft replied with the following & I wanted to verify this from your side:
Weather iPad is owned by the user or the company, it will require proper softwarelicense right to access Microsoft Software in use by your organization. Beloware different usage scenarios and required licenses:
iPadwill be used to access
- exchangeEmail”: each iPad will require a Windows Server Device CAL, Exchange DeviceCAL, Exchange Enterprise Device CAL*, and Forefront for Exchange CAL*
- Intranetrunning IIS only: each iPad will require a Windows Server Device CAL
- Portalrunning SharePoint: each iPad will require a Windows Server Device CAL, SQLDevice CAL, SharePoint Standard Device CAL, SharePoint Enterprise Device CAL,and Forefront for SharePoint CAL*
- InternalBusiness Applications: Windows Server Device CAL, SQL Device CAL, any other CALused by this application
- MicrosoftOffice: each iPad will require and Office license except for 1-1 remote access
“Notethat for Exchange Email access, this will apply even if the user will use iPademail client, outlook web access, Outlook via HVD or RDS.
*requiredif this product is in use
As theenterprise agreement doesn’t include individual CAL’s. there are three ways toacquire those licenses:
- Includethe iPad’s in the true-up as a fully qualified desktop under the EnterpriseAgreement
- Acquiringthe Enterprise CAL only & SQL CAL for those devices under the EA. We willneed to approve an exception to do that. Please advise me the quantity. Thisscenario will apply only if Office will not be used with the iPad or will beused in 1-1 Remote Access scenario.
- Signa separate Select agreement to acquire the individual CAL’s with SA.
Regards,Thank you
I also found the below useful links
http://tonymackelworth.wordpress.com/2011/01/01/the-ipad-on-your-network/
http://tonymackelworth.wordpress.com/2011/03/17/applications-and-os-licensing-re mote-access-and-roaming-use/
"Remoteaccess to applications on a host PC by the Primary User of that device are covered by the volume licenses for Office assigned to the Primary Work device.
This option is where the work PC is running back in the office and theend user is “tunnelling in” from another PC. The later introduced roamingrights allows access to virtualized Office, which is run from a server, versusrunning on the licensed PC that existed prior to roaming use rights" -
Shantanu Narayen, President and CEO of Adobe
Here is some general information about the history of Adobe for new users. But later on quotes from Shantanu Narayen, President and CEO of Adobe.
1) In 2005 Adobe buys Macromedia:
"On April 18, 2005 Adobe Systems announced a definitive agreement to acquire Macromedia in an all-stock transaction valued at approximately $3.4 billion."
Great! Just buy out competitors and add their programs to your portfolio:
ColdFusion, Flash, Fireworks, Dreamweaver.
2) In 2009 Adobe buys Omniture
Shantanu Narayen led the $1.8 billion acquisition of Omniture, Inc.
In a press release, Adobe's president and CEO Shantanu Narayen called the deal a "game changer for both Adobe and our customers"
There is no denying that. Adobe knows how to change the game. Usually without any warning or consideration to the end user whatsoever.
Quote from Shantanu Narayen:
"When you think about digital media, Adobe is already the largest provider of tools and services for the creative community. Everybody is re-tooling for the future of web - devising strategies for new and multiple screens (television, mobile, tablet/PC)and app stores. With devices like photoshop touch and cloud-based services, we are aggressively moving towards that shift."
Adobe? Agressive? No, no, no. You must be thinking of a different Adobe.
wikipedia.org:
"Critics have accused Omniture of attempting to hide the fact they are collecting data. Critics claim they do this by sending the information to a domain name that looks and sounds similar to an IP address used to connect to devices on the local network and not the Internet. This has led to speculation that the domain name is used to trick users or firewall rules."
Sounds like something Adobe would want to own alright.
3) In 2012 Adobe buys Behance
Quote from the Behance blog:
"Our mission to connect and empower the creative world is getting a big boost today. Our team is thrilled to join Adobe and take Behance to the next level. We’ve been given an opportunity to influence creative work, careers, and the creative industry on a grand scale, and we intend to do just that."
Sigh, please don't. just don't. We are being influenced enough as it is.
Quote from Shantanu Narayen (December 2012):
"I'm pleased to report we delivered record revenue of $1,153,000,000 in Q4. This performance helped us achieve record revenue of $4.4 billion in fiscal year 2012."
At the very high expense of customer satisfaction and loyalty. Time will tell how strong your monopoly really is.
Shantanu Narayen:
"At Adobe, we're focused on 2 large market opportunities: Digital Media and Digital Marketing. 2012 was a milestone year in terms of innovation with our Creative Cloud and Adobe Marketing Cloud. We achieved great success in both these areas."
Shantanu Narayen:
"Adobe is changing how we provide value to a broader set of customers. We will deliver customized offerings for individuals, workgroups and large enterprises. As with all successful subscription services, we're offering a free trial program. This enables an easy on-ramp and a funnel of prospects that we intend to convert to paying subscribers."
Turning us into future Cloud drug addicts, The first one's always free! Thanks Adobe!
"We have begun transitioning enterprise customers to enterprise term license agreements, which provide them cloud services and updates to our desktop tools. Pricing for each segment is designed to reward loyal customers and aggressively transition them to the cloud."
Once again. Adobe? Agressive? Surely you jest!
"An advisory agency, Brendan Wood International, had ranked the 'Top Gun CEOs' for 2009 based on their ability to make smart acquisitions, make themselves visible and expand the company's value propositions, among other things."
"Shantanu Narayen has been in the industry for a very long time and always has a strong sense of what the next key steps are in terms of positioning the company in the industry."
Yeah well, I guess you can't always be right.
"When Adobe announced in 2003 it was introducing product "collections and suites", customers and industry watchers wondered about Adobe's motivations. Was it all about money? Ultimately Adobe's Creative Suite of products became the standard.
Narayen anticipates a similar kind of embrace for Adobe CC. "A few years from now, people will say, 'How could I even imagine a Photoshop that was not connected to the cloud?'"
Dark times ahead indeed if that happens.
Quote from Shantanu Narayen - May 2013:
"And finally, in monetization, whether it's video that's going to increasingly move to IP networks, whether it's physical retailers who are increasingly moving their business online, I think the more we can transact business and close the loop with respect to monetization, we think that, that's a big opportunity available for us as Adobe."
Yes, having a monopoly sure is awesome. Not having to deal with those pesky free market systems.
Shantanu Narayen:
"A strategy that we outlined over a couple of years ago is really through the combination of what we call the Creative Cloud and the Marketing Cloud, to really have a complete solution that provides this integrated platform across the entire content life cycle."
In other words, Adobe will get its greedy little hands on everything we could possibly want to do. And aggressively force us to go along with it.
And finally a quote from Steve Jobs when talking about a music subscription service:
“I think you could make available the Second Coming in a subscription model and it might not be successful.”
Let's face it. This 'Cloud scheme' is all about the money. It has no real extra value to us, the ''valued and loyal customers'. The only way to possibly change this as some other users have said on this forum is to vote with your wallet. That's the only thing that matters to the people at the top of Adobe. Money money money.
Customer satisfaction? Adobe doesn't care. Customer loyalty? Adobe doesn't care. And the sad thing is. Eventually we will tire from complaining and just conform to this sad new reality...You are not viewd by anyone at Adobe as anything but $$$$$$$$$$$$$
Your art your soul or anything else do not matter what matters is $$$$$$$$$$$$$$
From Adobe to wall street
current and thereby driving higher average revenue per user. Additionally, our shift to a subscription model will increase the amount of recurring revenue that is ratably reported, driven by broader Creative Cloud adoption over the next several years.
To assist with the understanding of this transition and the related shift in revenue described above, we are using certain performance metrics to assess the health and trajectory of our overall Digital Media segment.
These metrics include the total number of current paid subscriptions and Annualized Recurring Revenue ("ARR"). We define ARR as the sum of:
� the number of current paid subscriptions, multiplied by the average subscription price paid per user per month, multiplied by twelve months; plus,
� twelve months of contract value of Enterprise Term License Agreements ("ETLAs") where the revenue is ratably recognized over the life of the contract.
In addition, we expect renewal rates associated with Creative Cloud, and potentially other subscription offerings, will become key metrics used to measure their performance. Because the majority of Creative Cloud subscriptions have been annual and the Creative Cloud launched in May 2012, we have not yet reached the first anniversary of these annual subscriptions and, therefore, we anticipate that meaningful data regarding subscription renewal rates will first become available later in fiscal year 2013.
CRITICAL ACCOUNTING POLICIES AND ESTIMATES In preparing our Condensed Consolidated Financial Statements in accordance with accounting principles generally accepted in the United States of America ("GAAP") and pursuant to the rules and regulations of the SEC, we make assumptions, judgments and estimates that affect the reported amounts of assets, liabilities, revenue and expenses, and related disclosures of contingent assets and liabilities. We base our assumptions, judgments and estimates on historical experience and various other factors that we believe to be reasonable under the circumstances. Actual results could differ materially from these estimates under different assumptions or conditions. On a regular basis, we evaluate our assumptions, judgments and estimates. We also discuss our critical accounting policies and estimates with the Audit Committee of the Board of Directors. We believe that the assumptions, judgments and estimates involved in the accounting for revenue recognition, stock-based compensation, business combinations, goodwill impairment and income taxes have the greatest potential impact on our Condensed Consolidated Financial Statements. These areas are key components of our results of operations and are based on complex rules requiring us to make judgments and estimates, so we consider these to be our critical accounting policies. Historically, our assumptions, judgments and estimates relative to our critical accounting policies have not differed materially from actual results.
With the exception of the discussion below, there have been no significant changes in our critical accounting policies and estimates during the three months ended March 1, 2013, as compared to the critical accounting policies and estimates disclosed in Management's Discussion and Analysis of Financial Condition and Results of Operations included in our Annual Report on Form 10-K for the year ended November 30, 2012.
Recent Accounting Pronouncements -
Oracle to aquire Captovation so this is interesting too
REDWOOD SHORES, Calif., Jan. 16 /PRNewswire-FirstCall/ -- Oracle announced today that it has agreed to acquire Captovation... :
http://biz.yahoo.com/prnews/080116/aqw114.html?.v=31Offical Oracle site for the Captovation aquisition:
http://www.oracle.com/captovation -
When did this Apple community begin, the year?
Thanks!AlohaBob. " frying 'bigger' fish " -- stedman's detective work was right on - but I figured the "Forum" existed before the "Apple ID" (required for this thing here that we are in)
"baz" was a lonely fellow back in that beginning
Wayback Machine is an iffy deal for here - last time I tried it for a thread, the snapshot was one day - and not even close to the day I was seeking
BUT - challenge accepted!
February 9, 2006
>>>>>>>>>>
COPYRIGHT notice from Source of above page <HEAD> tag
<!-- SiteCatalyst code version: G.6.
Copyright 1997-2004 Omniture, Inc. More info available at
/web/20060209024755/http://www.omniture.com -->
http://en.wikipedia.org/wiki/Omniture
History
The company was founded in 1996 by Josh James and John Pestana and was backed by venture capitalists including Hummer Winblad Venture Partners, University Venture Fund, and Scale Venture Partners. During a period of rapid growth, the company was one of Inc. Magazine's 500 fastest-growing private companies. Omniture was listed on the NASDAQ with OMTR as its ticker symbol in 2006.[3][4]
Omniture bought behavioral targeting company Touch Clarity for $51.5 million in 2007.[5] In late 2007 the company acquired web analytics company Visual Sciences, Inc. (formerly WebSideStory) for $394 million,[6] and also purchased Offermatica for $65 million. In October 2008 it agreed to acquire the Israeli e-commerce search solution provider Mercado[disambiguation needed] for $6.5 million.[7]
On September 15, 2009, Omniture, Inc. and Adobe Systems announced that Adobe would be acquiring Omniture for $1.8 billion.[8] The deal was completed on October 23, 2009,[9] and is now joined by other Adobe acquisitions such as Day Software and Efficient Frontier, as the main components of Adobe's Digital Marketing Business Unit.[10][11]
Adobe vacated the former Omniture offices in Orem, Utah, in November 2012, moving a large portion of its Digital Marketing Business Unit to a new facility in Lehi, Utah.
Products
Adobe Analytics (previously SiteCatalyst) – Omniture's software as a service (Saas) application, offers web analytics (client-side analytics). From 2013 the analytics products are sold as Adobe Analytics Standard or Premium.
etresoft and I were discussing "tracking agents" employed by certain sites... after visiting the forum I received a scam email - when he brought up Omniture, Adobe & SiteCatalyst
Google Search has a 'sort of' wayback machine - the little green downward pointing triangle pops down "Cached" and sometimes "Similar"
this is a bad example because the cached version snapshot was taken today!
It works a lot better for GoogleImage Reverse Image Search -
hi everyone,
can anybody give me some information about the product called AdminServer which oracle has recently acquired.....i couldnt find any related data on the oracle site regarding this product.....This is basically an insurance policy administration tool.i want to explore it..so if anybody is working on it, can give me some insight on it
Message was edited by:
user652581On 13th May 2008 Oracle announced today that it has agreed to acquire AdminServer, a rapidly growing provider of insurance policy administration software. AdminServer's product offering will become a core component of Oracle's existing insurance industry software that is used by more than one thousand insurers, including 20 of the top 20 global insurance companies.
The AdminServer product line will significantly accelerate Oracle's investment in the insurance industry and be complemented by Oracle's existing insurance products such as Oracle Billing, Siebel Claims and Siebel CRM for Insurance.
The combination of Oracle and AdminServer will result in a comprehensive, end-to-end insurance policy management solution that can manage multiple insurance product lines such as life, annuities and reinsurance. Additionally, AdminServer's management and employees will form a dedicated global business unit within Oracle, which will focus on providing critical operational applications to the insurance industry. AdminServer's CEO Rick Connors is now leading the new Insurance GBU as General Manager.
"Most insurers still rely on legacy policy administration applications that are extremely inflexible and impede enterprise agility and efficiency," said Oracle President Charles Phillips. "Together, Oracle and AdminServer plan to deliver the most modern, comprehensive, standards-based and well-integrated enterprise software suite for the insurance industry."
More information is available at http://www.oracle.com/adminserver.
For all sales and support related information please reach out to "jim.rourke AT oracle.com" -
Color 1.5 and Matrox MXO2 Mini
Hey all. Just got the MXO2 Mini from Matrox which is really amazing. I use Apple, Adobe and Avid products so when Avid announced that this would be the device they will be compatible with I jumped on getting one. It works amazingly well in every product I've tested, Premiere, FCP, Compressor (for h.264 Max encodes), After Effects and so on. But I get into Apple Color and an odd thing happens, it plays the video I bring in in the little preview window on my second monitor but it old shows me a still of the frame I park on on my preview monitor. The codec is obviously working to an extent since the options for preview showed up in Color and that I saw picture when I selected it. But is the preview monitor only showing a still frame right or normal? Anyways thanks for any insight.
I disagree with nothing you've said. I already know Davinci having piloted a few sessions (though it's not my primary work by far) and I took to it much quicker than I took to Color. Though I have no issues with the learning curve on Color either. I think they are both great with equally good and bad support for 3rd party hardware. But I do think that Davinci is a more worth while product to use if you want to compete in the color correction profession.
The thing that bothers me about Apple's Final Cut Studio in the past 2 versions is that both stability and innovation seems to have stopped. Dvd Studio Pro has gotten no love for what 4 versions now? They push Quicktime as the core video technology behind all of their apps like FCP and Color yet when they've had ample time to modify Color's code to reflect their software compatibility needs things like the hardware issue I'm having pop up ONLY in Color. Just seems like Apple just wants to buy good apps, sell them in a bundle as inexpensive as they can to sell systems but they've lost their competitive edge with comparable NLE packages like Adobe's Production Suite CS5 or Avid MC. Not to mention they've done nothing to compete in the pro space with the advancements Avid makes every version. Not including the features coming in MC5, MC4s AMA already makes it faster to get editing than FCP was ever able to do. Plus, much like our Color VS Davnici conversation, if you learn Avid you learn software EVERY post house in the world has and uses. The workflows are standards. FCP doesn't have great workflow infrastructure and Apple doesn't seem interested in fixing that.
Why did I just go on that rant? Well I guess it's because I have to use these tools daily and though I see so much potential in Apple Color alone, I feel issues like the one I'm having right now show a serious lack in Apple's interest in keeping their software suite competitive and stable. -
We just purchased a MacBookPro15 and getting ready to pick up FCP Studio 2 and have a question about "project files."
On one of our Avid NLE (that we will be phasing out) one sets up a project folder either on a media drive or an external drive (just NOT on the OS drive) and all files including the Avid icon .exe file resides in that folder or a series of sub-folders that the software creates.
On another Avid NLE (that we will be slower to phase out but still will) a folder is used for the project file that is only an execute file (small in size) and is located on the OS drive while all media and other support files and sub-folder files that the software creates can be placed anywhere but best NOT on the OS drive.
Does FCP work like one of these or is there some other methodology? Our concern is that we want to keep as much off the OS drive as possible since we are going to have a Windows partition for the moment (needed for two of our other applications) and thus if FCP works like the latter where only the project name and .exe icon resides then the OS would be fine but if FCP wants to put media there then we have to see how we will get FCP to recognize other location for the project.
Hope I've explained this right and if anyone has Edius out there also in addition to FCP, you understand what I'm referring to - I think ?? :o)Thanks Kevan and Shane for this fine insight to FCP filing and file structure. This helps me immensely. I have strugged with trying FC out for the last year and often neared the edge of the cliff to make the plunge but held back because of my "rotten apple" reserves. However, I have struggled with complictions that at time over the last two years that nearly put me out of business when one of Avid's updates locked all my editing down on three stations for nearly 3 and half months. I was fortunate enough to get an update that didn't work on some computer configs and until we figured them all out a quarter of year later, we were locked up and unable to deliver. Fortunately for us, we had a lot of wonderful clients who were understanding, tolerant, and patient (even maybe abnormal) and survived. But, all I kept seeing was Apple/Mac guys getting resolves to issues with P2 and drivers and support and all I seen was more heartache which drew me to this conclusion . . better get on board with something that works before the next bomb arrives; then, last fall Avid announced that they were no longer going to support either of our Avid products by the end of this year and thus . . easy decision so long as these questions were successful.
Thanks again. I can't wait to get my hands on FCP :o) BTW, I like the MacBookPro so much we're talking with our Mac retailer about leasing a MacPro with quad core . . WOW! If we get that puppy (or would that be a gorilla?) we'll really do all our serious editing on it but we would like to have the capabilities to do some mobile editing which we will now have. :o) -
Wi-Fi Connect - Need Many More Hotspots, Such As Optimum Wi-Fi
Verizon's Wi-Fi Connect service only functions in very limited indoor hotspot areas such as Starbucks and Barnes & Noble stores.
In the NY Metropolitan area, the three local cable companies such as Cablevision's Optimum Wi-Fi, have wide ranging wi-fi hotspot coverage that can be easily accessed with a laptop. When is Verizon going to have a comprehensive competitive system?
http://www.optimum.net/WiFi/Learn
http://www.timewarnercable.com/nynj/learn/hso/wifi/default.html
http://www.comcast.com/wifi/
http://www.boygeniusreport.com/2010/04/15/cablevision-time-warner-comcast-announce-agreement-for-fre...Yes, finally. Yours is the first in two years.
-
I recently updated my Mac operating system and now regularly get the above message whenever I click on website pdf(s). I have tried to relaunch Adobe Reader - but nothing remotely resembling an end user license agreement ever shows up. I can find nothing on the Adobe "help" sections that mentions anything about this problem. Any suggestions?
Tried this any number of times. I double click on the icon and nothing comes up - there is no lead, no directions, nothing comes up. I click on page top menu bar and can access legal notice page - but no end user agreement page shows up. Do I have to delete all Adobe Reader software and start over with a fresh download?
-
Will my Euphonix (AVID) MC Mix work with Final Cut X?
I can't get it to work.
Who has to build support? Apple, AVID or both? I doubt AVID is in any rush to support the competition.I received this reply from AVID today:
>> As of this moment, no - Apple has not integrated EuCon support into FCPX. They have the option to do so, but would need to do the work on their end to support EuCon. Whether or not that will happen is unknown - given the nature of FCPX, my guess is that it's intentionally been left out. <<
Request this feature by submitting feedback to Apple -
I can not get past Terms of Use - No option to agree or accept terms? See Below
Terms of Use
Adobe General Terms of Use
Last updated May 7, 2012. Replaces April 30, 2010 version in its entirety.
1. Your Agreement With Adobe.
1.1 Choice of Law. If you are a resident of North America, your relationship is with Adobe Systems Incorporated, a United States company, and you agree to be bound by the laws of California and the laws of the United States. If you reside outside of North America, your relationship is with Adobe Systems Software Ireland Limited, and you agree to be bound by the laws of Ireland.
1.2 This document sets forth your legal agreement with Adobe Systems Incorporated or Adobe Systems Software Ireland Limited and its agents and affiliates (collectively, “Adobe”). Your use of any Adobe website or service (collectively “Service” or “Services”) that link to these terms is subject to these Terms of Use (the “General Terms”).
1.3 Some Services may also be subject to additional or different terms (the “Additional Terms”). Without limitation, the Additional Terms for the following Services are hereby incorporated into the General Terms by reference:
Acrobat.com
Digital Publishing Suite
Adobe ConnectNow
EchoSign
Adobe Content Server 4
Adobe Translator
Adobe Flash Platform Services
PhoneGap Build
Business Catalyst
TypeKit
CS Services
Adobe Digital Enterprise Platform Collaboration Service
1.4 If there is any conflict between the General Terms and the Additional Terms, then the Additional Terms take precedence in relation to that Service. The General Terms and any applicable Additional Terms and all other documents incorporated by reference in these General Terms are referred to as the “Terms”.
1.5 Adobe may change the Terms at its sole discretion. If we change the Terms, then we will make a new copy available athttp://www.adobe.com/go/terms. Your use of the Services is subject to the most current version of the Terms at the time of such use.
2. Definitions.
Unless otherwise defined, capitalized terms used throughout these General Terms have the meanings stated below:
2.1 “Account Information” means the information you provide to Adobe when you register for a service, including your Adobe ID and log-in information.
2.2 “Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, and any other intellectual and proprietary rights.
2.3 “Law” means any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction, such as any laws regarding the export of data or software to and from the United States or other applicable countries.
2.4 “Make Available” means to email, post, transmit, upload, or otherwise make available through your use of the Services.
2.5 “Marks” means the trademarks, logos and service marks displayed on the Services.
2.6 “Materials” means any materials provided by Adobe and any User Content, including, without limitation, any (a) information, data, documents, images, photographs, graphics, audio, videos, or webcasts, (b) products, and (c) Software.
2.7 “Service Materials” means Materials other than Your Content.
2.8 “Shared Content” means the User Content that you or other Users share through the Services.
2.9 “Software” means Adobe software code and associated documentation, including without limitation any mobile and tablet applications related to the Services, content files, drivers, patches, or fonts.
2.10 “User” means a user of the Service.
2.11 “User Content” means (a) Your Content and (b) Shared Content uploaded by other Users.
2.12 “Your Content” means any Materials that you Make Available through your use of the Services.
2.13 “Your Shared Content” means Your Content that you choose to make into Shared Content.
3. Acceptance of Terms.
3.1 You may not use the Services if you do not agree to the Terms. You may accept the Terms (a) by selecting “I agree” to these Terms, (b) by using the Services in any way, such as downloading or uploading any Materials made available via the Services by Adobe, you, or other Users, or (c) by merely browsing the Services.
3.2 You may not use the Services if (a) you are prohibited by Law from receiving or using the Services, (b) you are not fully able and competent to enter into a binding contract with Adobe, such as if you are not of legal age or have not obtained parental consent. In particular, unless expressly stated otherwise in the Additional Terms for any given Service, you affirm that you are over the age of 13 and acknowledge that these Services were not intended for children under 13.
3.3 Adobe may require you to provide consent to the updated Terms before further use of the Services is permitted. Otherwise, your continual use of any Service constitutes your acceptance of the changes.
4. Privacy Policy.
For information about Adobe’s data protection and collection practices, please read the Adobe Privacy Policy athttp://www.adobe.com/go/privacy, which is incorporated herein by reference. You agree to Adobe’s use of your data in accordance with the Privacy Policy.
5. Ownership.
5.1 Services and Adobe Materials. The Services and Materials, and their selection and arrangement, are protected by Intellectual Property Rights. Except as expressly provided in the Terms, Adobe and its licensors do not grant any express or implied rights to use the Services and Materials. All rights, title, and interest in the Service and Materials, in all languages, formats, and media throughout the world, are and will continue to be the exclusive property of Adobe and/or its licensors and nothing in the Terms shall be construed to confer any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights, to you or any third party.
5.2 Trademarks. The Marks are the property of Adobe or other rights holders. You are not permitted to use the Marks without the prior consent of Adobe or the rights holder. Adobe and the Adobe logo are trademarks of Adobe Systems Incorporated. For a current list of Adobe’s Marks, as well as certain third party Marks, please refer to the posted trademark information at http://www.adobe.com/go/trademarks.
5.3 Your Content. If you are an individual User, then you own all right, title, and ownership to Your Content. If you are using and accessing the Services and Materials through an account purchased by someone else (such as an employer or a client), then then the person who paid for the account retains all right, title, and ownership to Your Content. For example, if you are using Services provided by your employer, then your employer (not you) owns Your Content.
6. Use of Services and Materials.
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(a) You may not alter, copy, modify, or re-transmit the Service Materials without Adobe’s express consent;
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(c) You may not remove, obscure, or alter any text, copyright, or other proprietary notices contained in Service Materials; and
(d) You may not copy or imitate part or all of the design, layout, or look-and-feel of the Service, which are protected by Intellectual Property Rights.
6.2 You agree to use the Services and the Materials only as permitted by the Terms and any Law.
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(a) Subscription Fees. Certain Services require you to purchase a subscription or membership in order to access all or part of such Services. Subscription Fees are non-refundable, except as otherwise stated in specific subscription terms applicable to a Service. Subscription Fees may change at the end of your subscription period. Subscription terms are available athttp://www.adobe.com/go/subscription_terms.
(b) You are responsible for paying all taxes levied in connection with your use of the Services. Your credit card company or bank may impose on you other fees, such as foreign exchange fees, in connection with your payment of the Subscription Fees,. Your ability to access the Services may require payment of third-party fees (such as telephone toll charges, mobile carrier fees, ISP, data plan, etc.). Adobe has no connection to or responsibility for such fees.
(c) Collection of Subscription Fee. You agree that, in the event Adobe is unable to collect the Subscription Fees owed by you to Adobe for the Services, Adobe may take the steps it deems necessary to collect such Subscription Fees from you and that you will be responsible for all costs and expenses incurred by Adobe in connection with such collection activity.
7. Account Information; Personal URL.
7.1 You agree that your Account Information will always be complete, accurate, and up-to-date. It is your responsibility to keep your account password or log-in credentials confidential at all times and you are solely responsible to Adobe for all activity that occurs via your Account. If you become aware of any unauthorized use of your account or Account Information, or any other breach of security, you agree to notify Adobe by contacting Support athttp://www.adobe.com/go/support_contact. Adobe may require that you change your Account Information or certain parts of your Account Information at any time for any reason. Unless Adobe expressly allows you the right to create and manage Adobe IDs as an account administrator for a company or unless expressly permitted in the Additional Terms, you may not use another person’s Account Information.
7.2 As part of registering for a Service, Adobe may require you to create a unique URL, such as your_name_here.adobe.com. Such unique URL may be used solely with the Service, only for so long as you maintain a valid account and shall not be used for any other purpose. Adobe may revoke your right to use that URL for any reason deemed appropriate by Adobe in its sole discretion by giving you at least thirty days prior notice of such revocation, except in the event that your URL, or content therein, is determined by Adobe in its sole discretion to contain infringing or illegal content or content that otherwise violates the Terms. In such event, Adobe reserves the right to revoke your right to use your unique URL immediately without notice. Additionally, Adobe owns and retains all right, title, and interest in and to the use of “Adobe,” and other Adobe property in association with a User’s unique URL. Upon termination for any reason, Adobe may permit another User to use the unique URL previously selected by you.
8. User Conduct.
8.1 You agree not to access or attempt to access the Services by any means other than the interface provided by Adobe or circumvent any access or use restrictions put into place to prevent certain uses of the Services.
8.2 You agree not to use, or to encourage or permit others to use, the Services to:
(a) Make Available any Material that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, profane, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
(b) Stalk, intimidate, and/or harass another;
(c) Incite others to commit violence;
(d) Harm minors in any way;
(e) Make Available any Material that you do not have a right to Make Available under any Law or contractual or fiduciary relationship;
(f) Make Available any Material that infringes any Intellectual Property Right or other proprietary right of any party;
(g) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(h) Forge headers or otherwise manipulate identifiers to disguise the origin of any of Materials posted on or transmitted through the Services;
Use the Services or Materials such that it will mislead a User into believing that they are interacting directly with Adobe or any Service;
(j) Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys, or other duplicative or unsolicited messages (commercial or otherwise);
(k) Use any Adobe domain name as a pseudonymous return email address;
(l) Make Available any Material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
(m) Access or use the Services in any manner that could damage, disable, overburden, or impair any Adobe server or the networks connected to any Adobe server;
(n) Intentionally or unintentionally interfere with or disrupt the Services or violate any applicable Laws related to the access to or use of the Services, violate any requirements, procedures, policies, or regulations of networks connected to the Services, or engage in any activity prohibited by the Terms;
(o) Disrupt or interfere with the security of, or otherwise cause harm to, the Services, Materials, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Services or any affiliated or linked sites;
(p) Disrupt, interfere with, or inhibit any other User from using and enjoying the Services or Materials, or other affiliated or linked sites, Services, or Materials;
(q) Access or attempt to access any Material that you are not authorized to access or through any means not intentionally made available through the Services;
(r) Market any goods or services for any business purposes (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Adobe;
(s) Reproduce, sell, trade, resell or exploit for any commercial purpose, any portion of the Services or any Materials, use of any Service or Materials, or access to any Service or Materials;
(t) Use any data mining, robots, or similar data gathering and extraction methods in connection with the Services or Materials;
(u) Host, on a subscription basis or otherwise, the Services without Adobe’s authorization, including any related application, to permit a third party to use the Services to create, transmit, or protect any content, or (ii) to conduct conferences or online meeting services for a third party;
(v) Defraud, defame, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; or
(w) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section 8.2.
9. Your Content.
9.1 Storage. Adobe may provide online storage for Your Content, subject to Section 9.2 below and any Additional Terms that may further define the scope of such storage. Unless otherwise stated in Additional Terms or a separate written agreement between you and Adobe, Adobe has (a) no obligation to store Your Content and (b) no responsibility or liability for the deletion or accuracy of any Materials, including Your Content, the failure to store, transmit, or receive transmission of Materials, or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services.
9.2 You agree that Adobe retains the right to create reasonable limits on the use of the Materials, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by Adobe in its sole discretion.
9.3 You agree that you, not Adobe, are entirely responsible for all of Your Content that you Make Available, whether publicly posted or privately transmitted. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness, or usefulness.
9.4 Settings Related to Use and Access of Your Content.
(a) Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose the access level to apply to your Content, the system may default to its most permissive setting.
(b) Adobe may allow other Users to comment on Your Shared Content unless you disable the commenting feature.
(c) Adobe may allow you to import your contacts to the Services. For example, Adobe may provide tools to help you upload email addresses of your contacts. If you provide Adobe your password to retrieve those contacts, Adobe will not store the password after you have uploaded the contact information. In addition, Adobe will not store these email addresses you have uploaded once you have found and connected with your friends.
9.5 Licenses to Your Content. Adobe requires certain licenses from you with respect to Your Shared Content in order to operate and enable the Services. Accordingly, you grant the licenses to Your Shared Content as follows:
(a) For Your Shared Content that’s Made Available in a public forum (such as discussion boards or public galleries that may be browsed by anyone with an internet connection, etc.), you grant Adobe a worldwide, royalty-free, non-exclusive, transferable, and sublicensable license to adapt, display, distribute, modify, perform, publish, reproduce, translate, and use Your Shared Content for the purpose of operating and improving the Services and enabling your use of the Services. You may revoke the license and terminate Adobe’s rights at any time by making it no longer shared.
(b) For Your Shared Content that’s Made Available in a public forum or shared privately with other Users of your choosing, you grant other Users a worldwide, royalty-free, non-exclusive, transferrable, and sublicensable license to display, distribute, perform, and reproduce Your Content, subject to Section 10 of these Terms. If you join or participate in a group that allows for sharing of Your Content within the group (such as a “group album”), then you also grant the Users within the group a license to adapt and modify Your Content that you have decided to share with such group. If you do not want to grant other Users these rights, then don’t share Your Content with other Users.
(c) For Your Content that is shared privately with other Users of your choosing, you grant Adobe a worldwide, royalty-free, non-exclusive, transferrable, and sublicensable, license to distribute, modify, publish, reproduce, translate, and use Your Content for the purpose of operating and improving the Services and enabling your use of the Services. You may revoke this license and terminate Adobe’s rights at any time by removing Your Content from the Service; provided that you agree that Adobe may retain and use copies of Your Content for archival or “backup” purposes and pursuant to Section 15 (Investigations).
(d) You may also grant Adobe specific or different license pursuant to the Additional Terms.
9.6 You acknowledge that the Services are automated (e.g., Your Content is uploaded using software tools) and that Adobe personnel will not access, view, or listen to any of Your Content, except as reasonably necessary to perform the Services, including but not limited to the following: (a) respond to support requests; (b) detect, prevent, or otherwise address fraud, security, or technical issues; (c) as deemed necessary or advisable by Adobe in good faith to conform to legal requirements or comply with legal process; or (d) enforce these Terms, including investigation of potential violations hereof, as further described in Section 15 (Investigations).
9.7 You acknowledge and agree that although Adobe endeavors to provide security measures to protect Your Content (including Your Shared Content that you shared privately), Adobe is not liable for any damages resulting for the disclosure of Your Content.
10. Shared Content.
10.1 License to Shared Content. Adobe grants you a worldwide, royalty-free, and non-exclusive license to distribute, display, download, perform, and reproduce the Shared Content, subject to the restrictions stated in this Section 10. With respect to Shared Content Made Available in a group allowing for content sharing, Adobe also grants you the license to adapt and modify such Shared Content. The license granted in this Section 10.1 is further limited to your personal, internal, and non-commercial purpose only.
10.2 It is your sole responsibility to determine what limitations, if any, are placed on your Shared Content. Adobe cannot and does not monitor or control what others do with the Shared Content, nor can Adobe prevent them from adding to, modifying, or adapting the Shared Content.
10.3 You agree that Adobe has no liability of any kind should other Users use, modify, destroy, corrupt, copy, or distribute your Shared Content in violation of the limitations that you may impose on its use.
10.4 Shared Content may include personal information (such as email addresses) to facilitate your ability to share Your Content. It is your sole responsibility for any and all personal information that you or other Users used and submitted in connection with the Services. You shall comply with all data protection and privacy laws and rules applicable to the personal information of other Users.
10.5 The Services may allow you to comment on Shared Contents. Comments are not anonymous and may be viewed by other Users. Your comments may be deleted by you, other Users, or Adobe.
10.6 If you are invited by a user of the Service to participate in shared digital content editing or viewing, and you do not wish to receive email from such User or do not wish to participate, you are required to contact the person who invited you to update, correct, or delete the information they provided about you.
10.7 In general, even though we might delete an account you hold with us in these types of shared editing or viewing areas, we may continue to retain information regarding your past actions with respect to content reviews or sharing initiated by others.
10.8 Upon removal of Your Content from the Service or upon making your Shared Content no longer shared, Adobe shall have a reasonable time to cease use, distribution, and/or display of Your Content. However, you acknowledge and agree that Adobe shall have the right but not the obligation to keep archived or “backup” copies of Your Content or use Your Content pursuant to Section 15 (Investigations).
11. Use of Software.
11.1 Software made available via the Services or through third-party marketplaces or stores is governed by the terms of the applicable Additional Terms or the license agreement referenced in the Software. If there is any conflict between these Terms and the license agreement provided with such Software, then the license agreement shall take precedence in relation to that Software. If the Software is a pre-release version, then you are not permitted to use or otherwise rely on the Software for any commercial or production purposes, notwithstanding anything to the contrary included within an accompanying license agreement.
11.2 Adobe may provide mobile and tablet applications through third parties that interact with the Service and Adobe products. You are responsible for obtaining and maintaining any equipment or ancillary services needed to access mobile and tablet applications and you are responsible for all applicable taxes and fees incurred while accessing such applications (such as fees from your mobile carrier, overage charges, etc.)
11.3 If no license agreement accompanies the Software that is available for download, the download and use of such Software will be governed by the terms of this Section 11.3. Adobe grants you a personal, worldwide, revocable, limited, non-transferable, non-sublicensable, non-assignable, nonexclusive license to use the Software in the manner permitted by the Terms. For clarification, you shall not distribute, lease, rent, sell, or sublicense the Software. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the Software. Notwithstanding the foregoing, decompiling the Software is permitted to the extent the laws of the jurisdiction where you are located give you the right to do so to obtain information necessary to render the Software interoperable with other software, provided, however, that you must first request the information from Adobe and Adobe may, in its discretion, either provide such information to you or impose reasonable conditions, including reasonable fees, on use of the Software to ensure that Adobe’s Intellectual Property Rights in the Software are protected. You may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. For clarity, your use of the Software is also subject to the disclaimers and limitations in Sections 13 and 14 below and your compliance with the export control provisions of Section 22.
11.4 The Software may automatically download and install updates from Adobe. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new Software modules, and completely new versions. You agree to receive such updates (and permit Adobe to deliver these to you with or without your knowledge) as part of your use of the Services.
12. Your Warranty, Indemnification Obligation, and Waiver.
12.1 You represent and warrant that: (a) you own the Intellectual Property Rights, or have obtained all necessary license(s) and permission(s), to use Your Content in keeping with your use in connection with the Services or as otherwise permitted by the Terms; (b) you have the rights necessary to grant the license and sublicenses described in the Terms; (c) you have received consent from any and all persons depicted in Your Content to use Your Content as set forth in the Terms, including distribution, public display, public performance, and reproduction of Your Content; and (d) Your Content does not violate or infringe any intellectual property right or other proprietary right, including right of publicity or privacy, of any person, company or entity, or other third party.
12.2 You agree to indemnify and hold Adobe and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of Your Content, your use of the Services or Materials, your connection to the Services or Materials, your use and access of personal information of other Users, the actions of any member of your group, your access to or use of Sites or the Linked Sites and your connections therewith, any claim that Your Content caused damage to someone else, any dealings between you and anyone else advertising or promoting via the Services or Materials, your violation of the Terms, or your violation of any rights of another, including any Intellectual Property Rights.
12.3 You acknowledge and agree that by accessing or using the Services or Materials, you may be exposed to Materials (including Shared Group Content) from others that you may consider offensive, indecent, or otherwise objectionable, and agree to accept that risk.
13. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
13.1 THE SITE, SERVICES, AND MATERIALS ARE PROVIDED BY ADOBE “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, ADOBE AND ITS LICENSORS MAKE NO WARRANTY THAT (a) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES, OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (c) THE QUALITY OF THE SITE, SERVICES, OR MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (d) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES, OR MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ADOBE OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
13.2 ADOBE SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF OR PARTICIPATION IN ANY SERVICES AND YOUR USE OF MATERIALS. ANY MATERIAL DOWNLOADED, MADE AVAILABLE, OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. ADOBE ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM ANY OF THE SERVICES.
13.3 ADOBE DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES. ADOBE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES. ANY DEALINGS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.
13.4 MANAGERS, HOSTS, PARTICIPANTS, MODERATORS, AND OTHER THIRD PARTIES ARE NOT AUTHORIZED ADOBE SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF ADOBE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADOBE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY, OR OTHER LAWS. ADOBE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE USE, MISUSE, LOSS, MODIFICATION, OR UNAVAILABILITY OF ANY USER CONTENT.
13.5 ADOBE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
13.6 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. Limitation of Liability.
14.1 IN NO EVENT SHALL ADOBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF ADOBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE, SERVICES OR MATERIALS. NOTHING IN THE TERMS SHALL LIMIT OR EXCLUDE ADOBE’S LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF ADOBE OR ITS EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.
14.2 ADOBE’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, LICENSORS, AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO US $100 OR THE AGGREGATE AMOUNT PAID BY YOU FOR ACCESS TO THE SERVICE DURING THE THREE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY, WHICHEVER IS LARGER. THIS LIMITATION WILL APPLY EVEN IF ADOBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
14.3 THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 14 APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
15. Investigations.
15.1 Adobe, in its sole discretion, may (but has no obligation to) monitor or review the Services and Materials at any time. Without limiting the foregoing, Adobe shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if it violates the Terms or any Law.
15.2 Although Adobe does not generally monitor User activity occurring in connection with the Services or Materials, if Adobe becomes aware of any possible violations by you of any provision of the Terms, Adobe reserves the right to investigate such violations, and Adobe may, at its sole discretion, immediately terminate your rights hereunder, including your right to use the Services or Materials, or change, alter, or remove Your Content or Account Information, in whole or in part, without prior notice to you. If, as a result of such investigation, Adobe believes that criminal activity has occurred, Adobe reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Except to the extent prohibited by applicable Law, Adobe is entitled to retain and/or disclose any information or Materials, including Your Content or Account Information (or elements thereof), in Adobe’s possession in connection with your use of the Services to (a) comply with applicable Law, legal process, or governmental request; (b) enforce the Terms; (c) respond to any claims that Your Content violates the Terms or rights of third parties; (d) respond to your requests for customer services; or (e) protect the rights, property or personal safety of Adobe, its Users, or third parties, including the public at large, as Adobe in its sole discretion believes to be necessary or appropriate.
16. Feedback.
You have no obligation to provide Adobe with ideas, suggestions or proposals (“Feedback”). However, if you submit Feedback to Adobe, we may use it for any purpose without compensation to you.
17. Advertising and Your Content.
You agree that Adobe may display advertisements adjacent to Your Content, and you agree that you are not entitled to any compensation. The manner, mode, and extent of advertising or other revenue generating models pursued by Adobe on or in conjunction with the Services and/or Your Content are subject to change without specific notice to you.
18. Links to Other Sites.
The Services and Materials may include links that will take you websites or services not operated by Adobe. Whether the link was provided by Adobe as a courtesy, or whether it was posted by a User, Adobe has no control over non-Adobe websites or services. You agree that we are not responsible for the availability or contents of any website or service we do not operate.
19. Termination.
19.1 Termination by You. You may stop using the Service at any time. You may terminate Adobe’s right to distribute, publicly perform, and publicly display Your Shared Content by making it no longer shared. You may terminate the remainder of Adobe’s rights by removing Your Content from the Service, either by deleting it manually, or by contacting Customer Care to have your subscription cancelled, if applicable, and content deleted. To terminate your Service account contact Support athttp://www.adobe.com/go/support_contact. Any fees paid by you prior to your termination are not refundable. Termination of your account shall not relieve you of any obligation to pay any accrued fees or charges.
19.2 Termination by Adobe. Subject to Additional Terms for certain Services (such as ones where you pay for access to these Services), Adobe may at any time terminate our agreement with you (or any individual Additional Terms) if:
(a) You have breached any provision of the Terms (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms);
(b) Adobe is required to do so by Law (for example, where the provision of the Services or Materials to you is, or becomes, unlawful);
(c) The provision of the Services to you by Adobe is, in Adobe’s opinion, no longer commercially viable;
(d) Adobe has elected to discontinue the Services or Materials (or any part thereof); or
(e) There has been an extended period of inactivity in your account.
19.3 Termination or Suspension of Services. Adobe may also terminate or suspend all or a portion of your account and/or access to the Services for any reason (subject to Additional Terms for certain Services). Except as may be set forth in any Additional Terms applicable to a particular Service, termination of your account may include: (a) removal of access to all offerings within the Services; (b) deletion of Your Content and Account Information, including your personal information, log-in ID and password, and all related information, files, and Materials associated with or inside your account (or any part thereof); and (c) barring of further use of the Services.
19.4 You agree that all terminations for cause shall be made in Adobe’s sole discretion and that Adobe shall not be liable to you or any third party for any termination of your account (and accompanying deletion of your Account Information), or access to the Services and Materials, including Your Content.
19.5 Upon expiration or termination of the Terms, you shall promptly discontinue use of the Services and Materials. However, any perpetual licenses you have granted, any of your indemnification obligations hereunder, any of Adobe’s disclaimers or limitations of damages of liabilities hereunder, and Sections 8-10, 12-17, 19, 23, and 24 will survive any termination or expiration of the Terms.
19.6 Upon termination of your use of the Service by you or by Adobe for any other reason other than for cause, Adobe will make reasonable effort to notify you at least thirty (30) days prior to termination, at the email address you provide Adobe as part of your registration, with instructions on how to retrieve Your Content prior to such termination.
19.7 Except as otherwise stated in any Additional Terms and applicable subscription terms, in the event of termination by Adobe for reasons other than breach of these Terms, Adobe will provide notice pursuant to the General Terms and will provide you with a pro rata refund for the prepaid and unused portion of the Service.
20. International Users.
20.1The Services can be accessed from countries around the world and may contain references to Services and Materials that are not available in your country. These references do not imply that Adobe intends to announce such Services or Materials in your country.
20.2 These Services are controlled, operated, and administered by Adobe Systems Incorporated from its offices in the United States of America. Adobe makes no representation that the Services or Materials are appropriate or available for use outside of the United States. Adobe reserves the right to block access to the Services or Materials by certain international users. If you access the Services from a location outside the United States, then you are responsible for compliance with all local Laws.
21. Notification of Copyright Infringement.
21.1 Adobe respects the Intellectual Property Rights of others and expects its Users to do the same. Adobe will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and its response to such notices may include removing or disabling access to the allegedly infringing content, terminating the accounts of repeat infringers, and/or making good-faith attempts to contact the User who posted the content at issue so that he may, where appropriate, make a counter-notification.
21.2 If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is hosted on the Services, on websites linked to or from the Services, or in connection with the Services or Materials, please provide, pursuant to the DMCA, written notification via regular mail or via fax (not via email or phone) of claimed copyright infringement to Adobe’s Copyright Agent (contact information below), which must contain all of the following elements:
(a) A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
(b) A description of the copyrightedStep by step, how did you arrive at seeing this agreement?
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Avid MC Transport Control Surface now working in CS 5.5
Not sure if anyone is interested, but because Adobe doesn't have a EUCON integrated support, it greatly limits the control surfaces that can be used with it.
I googled a bunch of different things but in the end it seems like the general conclusion was that the MC Transport doesn't work with Premiere Pro, not a big deal if you don't have one, but really sucks if you do have one and use Premiere for a lot of your work.
However, following the age-old adage of "never say die" I finally figured out a work-around that has my Avid MC Transport working pretty darn good with Adobe Premiere CS 5.5 on my Mac.
I posted it here: on creative cow where you can see the whole thread: http://forums.creativecow.net/readpost/3/911511
Hi Andree,
I had the same problem but figured it out, you can see it here http://wp.me/p1hbRg-e
or I'll paste it here for you as well:
I recently made the switch from PC to MAC for the long-form documentary I'm making. A decision that so far, I definitely regret. But more on that later.
For the moment I thought I'd start posting notes about problems I've run into and solutions to them that I've found in case any one else runs into these same problems.
I purchased the Avid/Euphonix MC Transport for use in my editing as having a jog/shuttle definitely speeds things up remarkably once you are accustomed to them.
However I didn't notice that Adobe Premiere was not supported and this is my editing program of choice although I do have FCP and Media Composer 5.52.
I googled around and even contacted Euphonix/Avid support and no one seemed to have a solution.
In frustration I then ordered a Contour Shuttle Pro v2 (which is sort of like downsizing from a Porche to a Honda. Both great cars, but which one would you kick out of bed first? Exactly.)
So while waiting for international shipping I tried a bit of a wild idea and I installed the drivers for both the Bella Pro Premiere keyboard (which I don't have) and the Contour Shuttle (which I don't have either) and then began customizing the MC Transport commands to match the command keys in Adobe Premiere.
As a note; you might not need to do this on your system. I'm using a Mac 12 core and this workaround only worked once I installed those drivers but logically speaking you shouldn't need to do it.
And hey! It works!!!!
Some things aren't as perfect as they are in Avid or FCP such as the shuttle wheel shifting to different speeds smoothly. But damn! The jog wheel works perfectly.
Customizing the Soft Keys just involves ensuring that Adobe Premiere Pro CS 5.5 is open and then choosing the soft key around the wheel and once it is highlighted in the EUCON controller, then assigning a KEY command.
For example your center three keys above the jog wheel should have J, K, and L assigned accordingly.
And however you wish to customize it after that. I use for cutting at timeline (CTRL + K), next edit (page down), previous edit (page up) and it is working like a charm.
All the other soft keys including shift command respond the same.
To program the jog wheel. Select it and choose Command, select Wheel from the drop down, then select jog right and choose special command and pick "right arrow" and then repeat for select jog left and choose special command and choose "left arrow."
The shuttle you have to choose the shuttle and again add a wheel command and then in choose shuttle and create a new shuttle wheel command. Then from shuttle drop down, choose for Section 0 add key and set it to K (stop), then for Shuttle Section 1 add L key once and for each shuttle section add one more L key. Shuttle section 7 has LLLLLLL assigned to it.
For the shuttle -1 Section choose J and for each minus section following that add one more J.
It's not perfect but it certainly does what I need it to do!
Hope that helps anyone else out there.
Best,
DariusThanks Pepe, seems to be a quick workaround! (FWIW in Logic 7.1, the command I see is Logic→Preferences→Control Surfaces→Rebuild Defaults. I assume that's what you're referring to.)
It'd be great if Apple/Tascam fixed this, but it only takes a second to rebuild the devices, so it's no biggie. -
I Went to the store to upgrade phones and get a new plan. They didn't have any of the three phones I was gettin, Tried to sell me a plan for 8 gigabyte, even though we don't even use 1 now. Left mad, manager watched and did nothing. Tried to call, I got mad when the customer service agent chuckled at me. I was pretty well done then. Wife tried, had it all worked, we were getting the arrangements as we wanted them. I even listened since it was on speaker phone, she was still talking as she left the house, the Verizon phone dropped the call, she called back and now they won't us the same deal they already agreed to. I told her I would try one last time. I explai this was my last call, at the end I found that my plan is paid through the 21st. What is really bad is that they don't even care enough to have a supervisor call. They won't even let me speak to one. I was willing to stay with them because in the past I had never had a problem with them, now I can see how they could be any worse.
Kccustomer wrote:
mrhelper, you sure are knowledgeable about Verizon, the $30 fee is the cost to upgrade one of my phone. I feel that this is unreasonable since I do not have a contract and a new customer does not have to pay that.
The only time you pay the upgrade fee is if you take a subsidized discount on a phone and that does in fact require a contract. new customers have to pay a $35 activation fee.
As far as me being knowledgeable this fee has been in place for 2 1/2 and was announced on every major news source and is CLEARLY labeled on each phone in the stores and online. In fact my local store has a huge sign right at the counter stating that all upgrades are assessed a $30 upgrade fee. So know it doesn't take a lot of knowledge to know this fee exists. -
Good afternoon ... I would like to know how I can do to communicate with Verizone company to see if I can unlock my iPhone 5 which acquired in NY last year, buy it because you sold me released but is totally false ... I welcome your comments ...
Krawly11 wrote:
That's what they told me at the time of purchase and that's why the team acquired ...
But when I get to Venezuela and introduce NANO-Sim in a line to use the phone here just does not respond to the network ... None of the 3 phone lines we handle here ...
It is a 64G IPhone 5 ...
Regardless, it is not a matter of carrier locking. Verizon iPhone 5 phones were never GSM sim-locked to begin with. Every iPhone Verizon has sold since the introduction of the iPhone 5 has been sold with an unlocked GSM slot, as required in the USA by their agreement with the FCC. They have not been allowed to sell any iPhone 5, iPhone 5c nor iPhone 5s devices with GSM carrier locking in place.
Your connection problems are from some other cause - it is NOT a carrier locking issue.
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