ADOBE SYSTEMS INCORPORATED COLOR PROFILE
LICENSE AGREEMENT
Install ICC Profiles of Adobe Systems Inc.
AdobeRGB1998.icc
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.