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Adobe Labs Terms of Use
Please read the Adobe Labs Terms of Use carefully before accessing or using this Site.
ACCEPTANCE OF TERMS
By accessing or using this Site in any way, including using any Services, downloading
Materials or merely browsing the Site (capitalized terms defined below), you agree
to and are bound by the terms and conditions set forth in this document and in any
changes thereto that Adobe may publish from time to time (collectively, the “Adobe
Labs Terms of Use”). If you do not agree to all of the terms and conditions contained
in the Adobe Labs Terms of Use, do not access or use this Site.
Adobe may change the Adobe Labs Terms of Use and other guidelines and rules posted on the Site from time to time at its sole discretion. Your continued access or use of the Site, or any Materials or Services, constitutes your acceptance of the changes. Your access and use of the Site, Materials and Services will be subject to the most current version of the Adobe Labs Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Adobe Labs Terms of Use" link on the home page of Adobe Labs to view the then-current terms. If you breach any of the Adobe Labs Terms of Use, your authorization to access or use this Site, Services and Materials automatically terminates, and any Materials downloaded or printed from the Site in violation of the Adobe Labs Terms of Use must be immediately destroyed.
THE SITE
Adobe Systems Incorporated, its affiliates and agents ("Adobe") make the
Adobe Labs Web site and all other websites of Adobe Systems Incorporated with links
to the Adobe Labs Terms of Use (collectively, the "Site"), and the Materials
and Services, available for your access and use subject to the Adobe Labs Terms of
Use. “Materials” means all information, data, documents (e.g. white papers, press
releases, data sheets, FAQs, etc.), communications, downloads, files, text, images,
photographs, graphics, videos, webcasts, publications, content, tools, resources, software,
code, programs and products made available or enabled via the Site by Adobe or users
of this Site. ”Services” means all services and resources offered or enabled via the
Site by Adobe and users of this Site, including download areas, developer tools services,
product and other information services and communications services such as bulletin
boards, calendars, chat areas, communities, e-mail, forums (including lab and user
to user forums), newsgroups, personal webpages, photo albums and other message or communication
facilities designed to enable you to communicate with others (collectively, “Communications
Venues”). All Materials provided by Adobe are referred to collectively as “Adobe Materials”.
All user-supplied Materials are referred to collectively as "User Materials”.
Certain Services may involve collaboration and file-sharing services among a specified
group. Materials posted by users in such group in conjunction with such collaboration
and file-sharing Services are referred to collectively as "Shared Content”. The
group of persons among which such collaboration and file sharing involving Shared Content
takes place is referred to herein as the "Work Group”. All User Materials that
are not Shared Content shall be referred to herein as “User Content”. Adobe Materials
and User Materials may have different restrictions and conditions associated with them
under the Adobe Labs Terms of Use and other guidelines and rules posted via the Site.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS; TRADEMARK INFORMATION
The Materials and Services, as well as their selection and arrangement, are protected
by copyrights, trademarks, patents, trade secrets and all other intellectual property
and proprietary rights (collectively, “Intellectual Property Rights”), and any unauthorized
use of the Materials or Services may violate such laws and the Adobe Labs Terms of
Use. Except as expressly provided herein, Adobe and its suppliers do not grant any
express or implied rights to use the Materials and Services. You agree not to copy,
republish, frame, download, transmit, modify, adapt, create derivative works based
on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense
or reverse engineer the Site, Materials or Services, any portions of the Site, Materials
or Services or the selection and arrangement of the Site, Materials or Services,
except as expressly authorized herein. In addition, you agree not to use any data
mining, robots or similar data gathering and extraction methods in connection with
the Site, Services or Materials.
The trademarks, logos and service marks ("Marks") displayed on this Site are the property of Adobe Systems Incorporated or other third parties. You are not permitted to use the Marks without the prior written consent of Adobe Systems Incorporated or such third party that may own the Marks. 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.
USE OF SITE AND SERVICES
You shall pay all costs and charges, including phone charges and telecommunications
equipment costs, that you incur in order to access or use the Site, Services and
Materials. You must adhere to all limitations on dissemination, usage and reproduction
of any Materials that you download from the Site that are subject to such limitations.
You agree to use the Services only to access, download, utilize, post, send or receive
Materials in an appropriate manner as related to the particular Materials or Services
being accessed or used by you. As some examples of improper activities when accessing
or using the Site, Services or Materials, you agree that you shall not:
- Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
- Use or attempt to gain access to or use another's account, password, Service, Materials or computer systems or networks connected to any Adobe server or to the Site without authorization from Adobe, whether through hacking, password mining or any other means.
- Remove or falsely add to any uploaded Materials any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of the Material.
- Access or attempt to access any Material that you are not authorized to access or Materials through any means not intentionally made available through the Site or Services.
- Make available any files containing Materials where you do not own or control, or have not received the necessary licenses to, all Intellectual Property Rights, rights of privacy and publicity and all other rights in and to such Materials.
- Use any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party.
- Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites.
- Transmit unsolicited or bulk communications to any Adobe account holder or to any Adobe.com or affiliated email address.
- Post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
- Create a false identity for the purpose of misleading others.
- Download any Materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.
- Disrupt, interfere or inhibit any other user from using and enjoying the Site or other affiliated or linked sites, Materials or Services.
- Breach any guidelines or other codes of conduct applicable to a particular Service or Materials.
- Access or use the Site in any manner that could damage, disable, overburden or impair any Adobe server or the network(s) connected to any Adobe server.
- Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by the Adobe Labs Terms of Use.
- Post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable.
- Prepare, compile, use, download or otherwise copy any Site user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
- Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
- Violate the rights of any of Adobe or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
- Use any Adobe domain name as a pseudonymous return email address.
- Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Adobe.
When using Services or Materials, you will be subject to any posted guidelines, rules or licenses applicable to such Services or Materials, in addition to the Adobe Labs Terms of Use. Materials and Services provided by third parties (collectively, the "Third-Party Services") are governed by separate agreements accompanying such Materials and Services. Adobe offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services, including any liability resulting from incompatibility between a Third-Party Service, Adobe Materials, Adobe provided Services or another Third Party Service. You agree that you will not hold Adobe responsible or liable with respect to the Third-Party Services.
Certain Services and Materials will only be made available to users who have paid Adobe a fee for such Services and Materials. Such users may additionally be required to enter into a subscription agreement or other use agreement for that particular Service or Material. In addition to these Adobe Labs Terms of Use, users of any Services that include Communications Venues may be required, in Adobe’s sole discretion, to agree to a separate legal agreement on the Site or otherwise. Your access to such Communications Venues will be denied for violation of either the Adobe Labs Terms of Use or the applicable agreement.
Adobe, in its sole discretion, may (but has no obligation to) monitor or review the Materials and Services at any time. Adobe may at any time without notice and in its sole discretion: (a) terminate a Service, access to or use of any Materials or an area of the Site where Materials are posted or submitted; and (b) disclose any information related to your use of a Service or Material, or the substance of any of your posted or submitted Materials, as Adobe deems necessary to comply with applicable law, regulation, legal process or governmental request. You agree to use extra care when disclosing any personally identifiable information about yourself or your children in any Services or when you post or otherwise submit any Materials.
If you are required to establish an account in connection with a particular Service or Material, you must complete the designated registration process for such Service or Material. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a user name and password for such account. It is your sole responsibility to keep your account number, user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify Adobe immediately. If any Services or Materials provide password-restricted access to your sensitive information (including customer lists and contractual terms), then by accessing or using this Site and setting up a password-restricted account for such Services or Materials, you consent to Adobe's display of such information via such Services or Materials and accept all risks of unauthorized access to such information.
USE OF SOFTWARE
Materials encompassing any software code, including programs, tools, utilities, files
and otherwise, and accompanying documentation that are made accessible via the Site
(collectively, "Software") are the copyrighted and patented work of Adobe or its
suppliers. Use of such Software is governed by any terms of the license agreement
that is made available or accompanies the Software, or by the license agreement expressly
stated on the Site page(s) accompanying the Software. Adobe makes many of such terms
available for preview prior to purchase or download and such terms are incorporated
herein by this reference. However, other terms and licenses may only be posted with
the Software downloads or at the Site page where the Software can be accessed. If
the Software is accompanied by or includes a license agreement, your use, download
and installation of the Software is governed by that license and these Adobe Labs
Terms of Use. Absent a license agreement that accompanies the Software, use of the
Software will be governed by the Adobe Labs Terms of Use. You agree that you will
not decompile, reverse engineer or otherwise attempt to discover the source code
of the Software. The Software is made available solely in accordance with the license
agreement. Without limiting the foregoing, unless the accompanying license agreement
expressly allows otherwise, any copying or redistribution of the Software is prohibited,
including any copying or reproduction of the Software to any other server or location
for further reproduction, redistribution or use on a service bureau basis. Any unauthorized
use, copying or distribution of the Software is expressly prohibited by law, and
may result in severe civil and criminal penalties. Violators will be prosecuted
to the maximum extent possible.
IF THE SOFTWARE IS A PRE-RELEASE VERSION, then, notwithstanding anything to the contrary included within a license agreement accompanying the software, you are not permitted to use or otherwise rely on the software for any commercial or production purpose.
Any Software which is downloaded from or made available via the Site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA 95110.
WARRANTY DISCLAIMER
YOU ACKNOWLEDGE THAT THE SOFTWARE FOUND ON ADOBE LABS IS PRE-RELEASE SOFTWARE THAT
DOES NOT REPRESENT A FINAL PRODUCT, AND MAY CONTAIN BUGS, ERRORS AND OTHER PROBLEMS
THAT COULD CAUSE SYSTEM FAILURES.
YOU ACKNOWLEDGE THAT ADOBE HAS NOT PUBLICLY ANNOUNCED THE AVAILABILITY OF THE FINAL COMMERCIAL VERSION OF THE SOFTWARE, THAT ADOBE HAS NOT PROMISED OR GUARANTEED TO YOU THAT A FINAL COMMERCIAL VERSION OF THE SOFTWARE WILL BE ANNOUNCED OR MADE AVAILABLE TO ANYONE IN THE FUTURE, THAT ADOBE HAS NO EXPRESS OR IMPLIED OBLIGATION TO YOU TO ANNOUNCE OR INTRODUCE THE SOFTWARE AND THAT ADOBE MAY NOT INTRODUCE A PRODUCT SIMILAR OR COMPATIBLE WITH THE SOFTWARE.
THE SITE, SERVICES AND MATERIALS, ARE PROVIDED BY ADOBE UNDER THESE ADOBE LABS TERMS OF USE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, ADOBE MAKES NO WARRANTY THAT (i) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, SERVICES OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE SITE OR ANY SERVICES OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED.
THIS SITE, SERVICES AND MATERIALS MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. ADOBE MAY MAKE CHANGES TO THE SITE, MATERIALS AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SOFTWARE OR PRODUCTS LISTED, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE, MATERIALS AND SERVICES MAY BE OUT OF DATE, AND ADOBE MAKES NO COMMITMENT TO UPDATE THE SITE, MATERIALS AND SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT: (i) ADOBE DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) ADOBE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) ADOBE SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES.
ADOBE DOES NOT CONTROL OR ENDORSE THE MATERIALS FOUND IN ANY SERVICES AND SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE SITE, SERVICES AND ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE AND MATERIALS AND PARTICIPATION IN ANY SERVICES. MANAGERS, HOSTS, PARTICIPANTS 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 LAW, ADOBE WILL HAVE NO LIABILITY RELATED TO USER MATERIALS ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. ADOBE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATIO