Attachment 600181 Details for Bug 886454

AdobeICCProfiles.en

AdobeICCProfiles.en (text/plain), 19.33 KB, created by Stanislav Brabec on 2014-07-29 13:51:32 UTC

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Creator: Stanislav Brabec

Created: 2014-07-29 13:51:32 UTC

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obsolete

>ADOBE SYSTEMS INCORPORATED
>
>COLOR PROFILE LICENSE AGREEMENT NOTICE TO USER: PLEASE READ THIS CONTRACT
>CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE
>TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS
>ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU
>DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.
>
>1. DEFINITIONS In this Agreement, "Adobe" means Adobe Systems
>Incorporated, a Delaware corporation, located at 345 Park Avenue, San
>Jose, California 95110. "Software" means the software and related items
>with which this Agreement is provided, as listed in Exhibit A.
>
>2. LICENSE Subject to the terms of this Agreement, Adobe hereby grants
>you the worldwide, non-exclusive, nontransferable, royalty-free license
>to use, reproduce and publicly display the Software. Adobe also grants
>you the rights to distribute the Software: (a) on a standalone basis, (b)
>as embedded within digital image files.  (c) as embedded within hardware
>products that author digital images, where there is no End User access
>to the Software, and (d) as bundled with your own application software,
>provided that you comply with all the distribution requirements in
>Section 3 below. No other distribution of the Software is allowed. All
>individual profiles must be referenced by their ICC Profile description
>string. YOU MAY NOT MODIFY THE SOFTWARE. Adobe is under no obligation to
>provide any support under this Agreement, including upgrades or future
>versions of the Software or other items. No title to the intellectual
>property in the Software is transferred to you under the terms of this
>Agreement. You do not acquire any rights to the Software except as
>expressly set forth in this Agreement.
>
>Notwithstanding the above, if you are bundling with Linux or Unix software
>products, you may (a) add shortcut or menu items within your software
>that point to the Software, but may not change the name or iconography
>of the Software, (b) repackage the RPM or Gzip versions of the Software
>for distribution purposes, and (c) create a graphical user interface as
>otherwise specifically allowed by instructions found at www.adobe.com
>or http://partners.adobe.com (e.g., installation of additional plug-in
>and help files) but may not add, delete, or modify any components of
>the Software without the explicit written permission of Adobe.
>
>3. DISTRIBUTION If you choose to distribute the Software, you do so with
>the understanding that you agree to defend, indemnify and hold harmless
>Adobe against any losses, damages or costs arising from any claims,
>lawsuits or other legal actions arising out of such distribution,
>including, without limitation, product liability and other claims
>by consumers and your failure to comply with this Section 3. If you
>distribute the Software on a standalone or bundled basis, you will do
>so by first obtaining the agreement of the end user under the terms of
>either the Adobe End User License Agreement (?Adobe EULA?), attached as
>Exhibit B, or your own license agreement which (a) complies with the
>terms and conditions of this Agreement; (b) effectively disclaims all
>warranties and conditions, express or implied, on behalf of Adobe; (c)
>effectively excludes all liability for damages on behalf of Adobe; (d)
>substantially states that any provisions that differ from this Agreement
>are offered by you alone and not Adobe; and (e) substantially states that
>the Software is available from you or Adobe and informs licensees how to
>obtain it in a reasonable manner on or through a medium customarily used
>for software exchange. Any distributed Software will include the Adobe
>copyright notices as included in the Software provided to you by Adobe.
>
>4. DISCLAIMER OF WARRANTY Adobe licenses the Software to you on an "AS IS"
>basis. Adobe makes no representation as to the adequacy of the Software
>for any particular purpose or to produce any particular result. Adobe
>shall not be liable for loss or damage arising out of this Agreement or
>from the distribution or use of the Software or any other materials. ADOBE
>AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS
>YOU MAY OBTAIN BY USING THE SOFTWARE, EXCEPT FOR ANY WARRANTY, CONDITION,
>REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT
>BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION,
>ADOBE AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS
>OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM,
>USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED
>TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY
>QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU MAY HAVE ADDITIONAL
>RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. The provisions
>of Sections 4 and 5 shall survive the termination of this Agreement,
>howsoever caused, but this shall not imply or create any continued right
>to use the Software after termination of this Agreement.
>
>5. LIMITATION OF LIABILITY IN NO EVENT WILL ADOBE OR ITS SUPPLIERS
>BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY
>CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR
>LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE
>POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY
>ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE
>EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ADOBE'S AGGREGATE
>LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS
>AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE. Nothing
>contained in this Agreement limits Adobe's liability to you in the event
>of death or personal injury resulting from Adobe's negligence or for
>the tort of deceit (fraud). Adobe is acting on behalf of its suppliers
>for the purpose of disclaiming, excluding and/or limiting obligations,
>warranties and liability as provided in this Agreement, but in no other
>respects and for no other purpose.
>
>6. TRADEMARKS Adobe grants you a worldwide, nonexclusive, nontransferable,
>personal right to use the "Adobe" word trademark (the "Trademark")
>solely to identify Adobe as the source of the Adobe RGB (1998) product
>or Adobe RGB technology, so long as such use complies with the terms of
>this Agreement, the trademark guidelines available at the "Permissions
>and trademarks" pages of the Adobe web site (www.adobe.com) and the "Adobe
>Trademark Guidelines for third parties who license, use or refer to Adobe
>trademarks," also available from the Adobe web site. You acknowledge the
>validity of the Trademark and Adobe?s ownership of the Trademark. Nothing
>in this Agreement shall give you any right, title or interest in the
>Trademark, other than the license rights granted in this Agreement. You
>recognize the value of the goodwill associated with the Trademark and
>acknowledge that such goodwill exclusively inures to the benefit of
>and belongs to Adobe. Adobe and the Adobe logo are either registered
>trademarks or trademarks of Adobe in the United States and/or other
>countries. With the exception of referential use and the rights granted
>in this Agreement, you will not use such trademarks or any other Adobe
>trademark or logo without separate prior written permission from Adobe.
>
>7. TERM This Agreement is effective until terminated. Adobe has the right
>to terminate this Agreement immediately if you fail to comply with any
>term hereof. Upon any such termination, you must return to Adobe all
>full and partial copies of the Software in your possession or control.
>
>8. GOVERNMENT REGULATIONS If any part of the Software is identified as an
>export controlled item under the United States Export Administration Act
>or any other export law, restriction or regulation (the "Export Laws"),
>you represent and warrant that you are not a citizen, or otherwise
>located within, an embargoed nation (including without limitation Iran,
>Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you
>are not otherwise prohibited under the Export Laws from receiving the
>Software. All rights to use the Software are granted on condition that
>such rights are forfeited if you fail to comply with the terms of this
>Agreement.
>
>9. GOVERNING LAW This Agreement will be governed by and construed in
>accordance with the substantive laws in force in the State of California
>as such laws are applied to agreements entered into and to be performed
>entirely within California between California residents. This Agreement
>will not be governed by the conflict of law rules of any jurisdiction or
>the United Nations Convention on Contracts for the International Sale
>of Goods, the application of which is expressly excluded. All disputes
>arising out of, under or related to this Agreement will be brought
>exclusively in the state Santa Clara County, California, USA.
>
>10. GENERAL You may not assign your rights or obligations granted under
>this Agreement without the prior written consent of Adobe. None of the
>provisions of this Agreement shall be deemed to have been waived by
>any act or acquiescence on the part of Adobe, its agents, or employees,
>but only by an instrument in writing signed by an authorized signatory
>of Adobe. When conflicting language exists between this Agreement and
>any other agreement included in the Software, the terms of such included
>agreement shall apply. If either you or Adobe employs attorneys to enforce
>any rights arising out of or relating to this Agreement, the prevailing
>party shall be entitled to recover reasonable attorneys? fees. You
>acknowledge that you have read this Agreement, understand it, and that
>it is the complete and exclusive statement of your agreement with Adobe
>which supersedes any prior agreement, oral or written, between Adobe and
>you with respect to the licensing to you of the Software. No variation
>of the terms of this Agreement will be enforceable against Adobe unless
>Adobe gives its express consent, in writing, signed by an authorized
>signatory of Adobe.
>
>Exhibit A
>
>The "Software" for the purposes of this Agreement and which Licensee
>is permitted to distribute subject to the terms and conditions of this
>Agreement, shall consist of one or more of the following color profiles:
>
>3 RGB profiles
>
>Adobe RGB (1998) Apple RGB ColorMatch RGB
>
>12 CMYK profiles
>
>Coated FOGRA27 (ISO 12647-2:2004) Web Coated FOGRA28 (ISO 12647-2:2004)
>Uncoated FOGRA29 (ISO 12647-2:2004) Coated FOGRA39 (ISO 12647-2:2004)
>Japan Color 2001 Coated Japan color 2001 Uncoated Japan Color 2002
>Newspaper Japan Web Coated (Ad) U.S. Sheetfed Coated v2 U.S. Sheetfed
>Uncoated v2 U.S. Web Coated (SWOP) v2 U.S. Web Uncoated v2
>
>EXHIBIT B
>
>ADOBE SYSTEMS INCORPORATED
>
>COLOR PROFILE LICENSE AGREEMENT
>
>NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR
>ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF
>THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY
>WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE WITH
>THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.
>
>1. DEFINITIONS In this Agreement,"Adobe" means Adobe Systems Incorporated,
>a Delaware corporation, located at 345 Park Avenue, San Jose, California
>95110. "Software" means the software and related items with which this
>Agreement is provided.
>
>2. LICENSE Subject to the terms of this Agreement, Adobe hereby grants
>you the worldwide, non-exclusive, nontransferable, royalty-free license
>to use, reproduce and publicly display the Software. Adobe also grants
>you the rights to distribute the Software only (a) as embedded within
>digital image files and (b) on a standalone basis. No other distribution
>of the Software is allowed; including, without limitation, distribution
>of the Software when incorporated into or bundled with any application
>software. All individual profiles must be referenced by their ICC
>Profile description string. You may not modify the Software. Adobe
>is under no obligation to provide any support under this Agreement,
>including upgrades or future versions of the Software or other items. No
>title to the intellectual property in the Software is transferred to you
>under the terms of this Agreement. You do not acquire any rights to the
>Software except as expressly set forth in this Agreement.
>
>3. DISTRIBUTION If you choose to distribute the Software, you do so with
>the understanding that you agree to defend, indemnify and hold harmless
>Adobe against any losses, damages or costs arising from any claims,
>lawsuits or other legal actions arising out of such distribution,
>including without limitation, your failure to comply with this Section
>3. If you distribute the Software on a standalone basis, you will do
>so under the terms of this Agreement or your own license agreement
>which (a) complies with the terms and conditions of this Agreement; (b)
>effectively disclaims all warranties and conditions, express or implied,
>on behalf of Adobe; (c) effectively excludes all liability for damages
>on behalf of Adobe; (d) substantially states that any provisions that
>differ from this Agreement are offered by you alone and not Adobe and (e)
>substantially states that the Software is available from you or Adobe and
>informs licensees how to obtain it in a reasonable manner on or through a
>medium customarily used for software exchange. Any distributed Software
>will include the Adobe copyright notices as included in the Software
>provided to you by Adobe.
>
>4. DISCLAIMER OF WARRANTY Adobe licenses the Software to you on an "AS IS"
>basis. Adobe makes no representation as to the adequacy of the Software
>for any particular purpose or to produce any particular result. Adobe
>shall not be liable for loss or damage arising out of this Agreement or
>from the distribution or use of the Software or any other materials. ADOBE
>AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS
>YOU MAY OBTAIN BY USING THE SOFTWARE, EXCEPT FOR ANY WARRANTY, CONDITION,
>REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT
>BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION,
>ADOBE AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS
>OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM,
>USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED
>TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY
>QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU MAY HAVE ADDITIONAL
>RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. The provisions
>of Sections 4 and 5 shall survive the termination of this Agreement,
>howsoever caused, but this shall not imply or create any continued right
>to use the Software after termination of this Agreement.
>
>5. LIMITATION OF LIABILITY IN NO EVENT WILL ADOBE OR ITS SUPPLIERS
>BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY
>CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR
>LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE
>POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY
>ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE
>EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ADOBE'S AGGREGATE
>LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS
>AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE. Nothing
>contained in this Agreement limits Adobe's liability to you in the event
>of death or personal injury resulting from Adobe's negligence or for
>the tort of deceit (fraud). Adobe is acting on behalf of its suppliers
>for the purpose of disclaiming, excluding and/or limiting obligations,
>warranties and liability as provided in this Agreement, but in no other
>respects and for no other purpose.
>
>6. TRADEMARKS Adobe grants you a worldwide, nonexclusive, nontransferable,
>personal right to use the "Adobe" word trademark (the "Trademark")
>solely to identify Adobe as the source of the Adobe RGB (1998) product
>or Adobe RGB technology, so long as such use complies with the terms of
>this Agreement, the trademark guidelines available at the "Permissions
>and trademarks" pages of the Adobe web site (www.adobe.com) and the
>"Adobe Trademark Guidelines for third parties who license, use or
>refer to Adobe trademarks," also available from the Adobe web site. You
>acknowledge the validity of the Trademark and Adobe?s ownership of the
>Trademark. Nothing in this Agreement shall give you any right, title
>or interest in the Trademark, other than the license rights granted in
>this Agreement. You recognize the value of the goodwill associated with
>the Trademark and acknowledge that such goodwill exclusively inures to
>the benefit of and belongs to Adobe. Adobe and the Adobe logo are either
>registered trademarks or trademarks of Adobe in the United States and/or
>other countries. With the exception of referential use and the rights
>granted in this Agreement, you will not use such trademarks or any other
>Adobe trademark or logo without separate prior written permission granted
>by Adobe.
>
>7. TERM This Agreement is effective until terminated. Adobe has the right
>to terminate this Agreement immediately if you fail to comply with any
>term hereof. Upon any such termination, you must return to Adobe all
>full and partial copies of the Software in your possession or control.
>
>8. GOVERNMENT REGULATIONS If any part of the Software is identified as an
>export controlled item under the United States Export Administration Act
>or any other export law, restriction or regulation (the "Export Laws"),
>you represent and warrant that you are not a citizen, or otherwise
>located within, an embargoed nation (including without limitation Iran,
>Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you
>are not otherwise prohibited under the Export Laws from receiving the
>Software. All rights to use the Software are granted on condition that
>such rights are forfeited if you fail to comply with the terms of this
>Agreement.
>
>9. GOVERNING LAW This Agreement will be governed by and construed in
>accordance with the substantive laws in force in the State of California
>as such laws are applied to agreements entered into and to be performed
>entirely within California between California residents. This Agreement
>will not be governed by the conflict of law rules of any jurisdiction or
>the United Nations Convention on Contracts for the International Sale
>of Goods, the application of which is expressly excluded. All disputes
>arising out of, under or related to this Agreement will be brought
>exclusively in the state Santa Clara County, California, USA.
>
>10. GENERAL You may not assign your rights or obligations granted under
>this Agreement without the prior written consent of Adobe. None of the
>provisions of this Agreement shall be deemed to have been waived by
>any act or acquiescence on the part of Adobe, its agents, or employees,
>but only by an instrument in writing signed by an authorized signatory
>of Adobe. When conflicting language exists between this Agreement and
>any other agreement included in the Software, the terms of such included
>agreement shall apply. If either you or Adobe employs attorneys to enforce
>any rights arising out of or relating to this Agreement, the prevailing
>party shall be entitled to recover reasonable attorneys? fees. You
>acknowledge that you have read this Agreement, understand it, and that
>it is the complete and exclusive statement of your agreement with Adobe
>which supersedes any prior agreement, oral or written, between Adobe and
>you with respect to the licensing to you of the Software. No variation
>of the terms of this Agreement will be enforceable against Adobe unless
>Adobe gives its express consent, in writing, signed by an authorized
>signatory of Adobe.
>

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Attachments on bug 886454: 600181