Adobe Flash Player 10.2


Company Adobe Systems Incorporated
Product Flash Player 10.2
for viewing animations and movies in a browser or other programs
(the wikipedia article on Flash Player)
Date 8 March 2011

Appearance

The Read the license here link takes you to Adobe’s page with license agreements for all their products.

If you look carefully, you will notice that Flash Player is at the top. (The Internet Explorer browser is hard-coded in the Read the license here link.)

Then you have to recognize that the small numbers like 10.2 and 10.1 are clickable links. When you click the 10.2 link (you have to pay attention whether you are installing 10.2, 10.1, or some othe version), you download a big PDF document, which when opened shows you this:

Yes, the document begins with text in Arabic. Then you are supposed to scroll 280 pages to find a language that you understand to read the license agreement.

Stats

When you find the agreement in English, you face a long and complex text.

Calculated with Edit Central

characters 32977
non-space characters 27966
letters/numbers 26809
words 5008
complex words 1002 (25%)
syllables 8598
sentences 224
chars per word 5.35
syllables per word 1.72
words per sentence 22.36

Indices

Flesch reading ease score: 38.9
Automated readability index: 15
Flesch-Kincaid grade level: 13.4
Coleman-Liau index: 14.4
Gunning fog index: 16.9
SMOG index: 14.6

The EULA

ADOBE SYSTEMS INCORPORATED

Personal Computer Software License Agreement

1. WARRANTY DISCLAIMER, BINDING AGREEMENT AND ADDITIONAL TERMS AND

AGREEMENTS.

1.1 WARRANTY DISCLAIMER

1.2

. THE SOFTWARE AND OTHER INFORMATION IS

DELIVERED TO YOU “AS IS” AND WITH ALL FAULTS. ADOBE, ITS SUPPLIERS AND

CERTIFICATION AUTHORITIES DO NOT AND CANNOT WARRANT THE PERFORMANCE

OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, CERTIFICATE AUTHORITY

SERVICES OR OTHER THIRD PARTY OFFERINGS. EXCEPT TO THE EXTENT ANY

WARRANTY, CONDITION, REPRESENTATION OR TERM CANNOT OR MAY NOT BE

EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION,

ADOBE AND ITS SUPPLIERS AND CERTIFICATION AUTHORITIES MAKE NO

WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED

WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY

MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY

RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS

FOR ANY PARTICULAR PURPOSE. THE PROVISIONS OF SECTIONS 1.1 AND 10 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.

BINDING AGREEMENT

: By using, copying or distributing all or any portion of the Adobe

Software, you accept all the terms and conditions of this agreement, including, in particular, the

provisions on:

Use (Section 3);

Transferability (Section 5);

Connectivity and Privacy (Section 7), including:

Updating,

Local Storage,

Settings Manager,

Peer Assisted Networking Technology,

Content Protection Technology, and

Use of Adobe Online Services;

Warranty Disclaimer (Section 1.1), and;

Liability Limitations (Sections 10 and 17).

Upon acceptance, this agreement is enforceable against you and any entity that obtained the

Software and on whose behalf it is used. If you do not agree, do not Use the Software.

1.3 ADDITIONAL TERMS AND AGREEMENTS. Adobe permits you to Use the Software only

in accordance with the terms of this agreement. Use of some third party materials included in the

Software may be subject to other terms and conditions typically found in a separate license

agreement, a “Read Me” file located near such materials or in the “Third Party Software Notices

and/or Additional Terms and Conditions” found at http://www.adobe.com/go/thirdparty. Such

other terms and conditions will supersede all or portions of this agreement in the event of a

conflict with the terms and conditions of this agreement.

2. Definitions.

“Adobe” means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose,

California 95110, if subsection 12(a) of this agreement applies; otherwise it means Adobe Systems

Software Ireland Limited, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland, a company

organized under the laws of Ireland and an affiliate and licensee of Adobe Systems Incorporated.

“Compatible Computer” means a Computer that conforms to the system requirements of the Software

as specified in the Documentation.

“Computer” means a virtual machine or physical personal electronic device that accepts information in

digital or similar form and manipulates it for a specific result based on a sequence of instructions.

“Personal Computer” or “PC” shall mean a hardware product which is designed and marketed with

the primary purpose of operating a wide variety of productivity, entertainment, and other software

applications provided by unrelated third party software vendors, which operates depending upon the

use of a full function and full feature set computer operating system of the type(s) then in widespread

use with hardware to operate general purpose laptop, desktop, server and large format tablet

microprocessor based computers. This definition of Personal Computer shall exclude hardware

products that are designed and/or marketed to have as their primary purpose any number of the

following: television, television receiver, portable media player, audio/video receiver, radio, audio

headphone, audio speaker, personal digital assistant (“PDA”), telephone or similar telephony based

device, game console, personal video recorder (“PVR”), player for digital versatile disc (“DVD”) or

other optical media, video camera, still camera, camcorder, video editing and format conversion

device, video image projection device, and shall further exclude any similar type of consumer,

professional or industrial device.

“Software” means (a) all of the contents of the files (delivered electronically or on physical media), or

disk(s) or other media with which this agreement is provided, which may include (i) Adobe or third

party computer information or software, including Adobe Reader® (“Adobe Reader”), Adobe® AIR®

(“Adobe AIR”), Adobe Flash® Player, Shockwave® Player and Authorware® Player (collectively,

Adobe AIR and the Flash, Shockwave and Authorware players are the “Adobe Runtimes”); (ii) related

explanatory written materials or files (“Documentation”); and (iii) fonts; and (b) upgrades, modified

versions, updates, additions, and copies of the foregoing, provided to you by Adobe at any time

(collectively, “Updates”).

“Use” means to access, install, download, copy, or otherwise benefit from using the functionality of the

Software.

3. Software License.

If you obtained the Software from Adobe or one of its authorized licensees, and subject to your

compliance with the terms of this agreement, including the restrictions in Section 4, Adobe grants to

you a non-exclusive license to Use the Software in the manner and for the purposes described in the

Documentation as follows:

3.1 General Use. You may install and Use one copy of the Software on your Compatible

Computer. See Section 4 for important restrictions on the Use of the Software.

3.2 Server Use. This agreement does not permit you to install or Use the Software on a

computer file server. For information on Use of Software on a computer file server please

refer to http://www.adobe.com/go/acrobat_distribute for information about Adobe Reader;

or http://www.adobe.com/go/licensing for information about the Adobe Runtimes.

3.3 Distribution. This license does not grant you the right to sublicense or distribute the

Software. For information about obtaining the right to distribute the Software on tangible

media or through an internal network or with your product or service please refer

to http://www.adobe.com/go/acrobat_distribute for information about Adobe Reader;

or http://www.adobe.com/go/licensing for information about the Adobe Runtimes.

3.4 Backup Copy. You may make one backup copy of the Software, provided your backup

copy is not installed or used other than for archival purposes. You may not transfer the rights to

a backup copy unless you transfer all rights in the Software as provided under Section 5.

4. Obligations and Restrictions.

4.1 Adobe Runtime Restrictions. You will not Use any Adobe Runtime on any non-PC device or

with any embedded or device version of any operating system. For the avoidance of doubt, and by

example only, you may not Use an Adobe Runtime on any (a) mobile device, set top box (STB),

handheld, phone, game console, TV, DVD player, media center (other than with Windows XP

Media Center Edition and its successors), electronic billboard or other digital signage, Internet

appliance or other Internet-connected device, PDA, medical device, ATM, telematic device, gaming

machine, home automation system, kiosk, remote control device, or any other consumer electronics

device, (b) operator-based mobile, cable, satellite, or television system or (c) other closed system

device. No right or license to Use any Adobe Runtime is granted for such prohibited uses.

For information on Software license terms for non-PC versions of Adobe Runtimes please

visit http://www.adobe.com/go/runtime_mobile_EULA. For information on licensing Adobe Runtimes

for distribution on such systems please visit http://www.adobe.com/go/licensing.

4.1.1 AVC Video Restrictions. The Software may contain h.264/AVC video technology, the use of

which requires the following notice from MPEG-LA, L.L.C.:

THIS SOFTWARE IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR

THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (I) ENCODE VIDEO

IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (II) DECODE AVC

VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NONCOMMERCIAL

ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED

TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY

OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C.

SEE http://www.mpegla.com.

4.2 Adobe Flash Player Restrictions. You will not use Adobe Flash Player with any application or

device that circumvents technological measures for the protection of video, audio, and/or data content,

including any of Adobe’s secure RTMP measures. No right or license to use Adobe Flash Player is

granted for such prohibited uses.

4.3 Adobe Reader Restrictions.

4.3.1 Conversion Restrictions. You will not integrate or use Adobe Reader with any other software,

plug-in or enhancement that uses or relies upon Adobe Reader when converting or transforming PDF

files into a different format (e.g., a PDF file into a TIFF, JPEG, or SVG file).

4.3.2 Plug-in Restrictions. You will not integrate or use Adobe Reader with any plug-in software not

developed in accordance with the Adobe Integration Key License Agreement, more information can

be found at http://www.adobe.com/devnet/reader/ikla.html.

4.3.3 Disabled Features. Adobe Reader may contain features or functionalities that are hidden or appear

disabled or “grayed out” (the “Disabled Features”). Disabled Features will activate only when opening

a PDF document that was created using enabling technology available only from Adobe. You will

not access, or attempt to access, any Disabled Features other than through the use of such enabling

technologies, nor will you rely on Adobe Reader to create a feature substantially similar to any

Disabled Feature or otherwise circumvent the technology that controls activation of any such feature.

For more information on disabled features, please refer to http://www.adobe.com/go/readerextensions.

4.4 Notices. You shall not alter or remove any copyright or other proprietary notice that appears on or

in the Software.

4.5 No Modification or Reverse Engineering. You shall not modify, adapt, translate or create derivative

works based upon the Software. You shall not reverse engineer, decompile, disassemble, or otherwise

attempt to discover the source code of the Software. If you are located in the European Union, please

refer to the additional terms at the end of this agreement under the header “European Union

Provisions,” in Section 16.

5. Transfer.

You may not rent, lease, sublicense, assign, or transfer your rights in the Software, or authorize all or

any portion of the Software to be copied onto another user’s Computer except as may be expressly

permitted by this agreement. You may, however, transfer all your rights to Use the Software to another

person or legal entity provided that: (a) you also transfer (i) this agreement, and (ii) the Software

and all other software or hardware bundled or pre-installed with the Software, including all copies,

Updates, and prior versions, to such person or entity, (b) you retain no copies, including backups

and copies stored on a Computer, and (c) the receiving party accepts the terms and conditions of this

agreement and any other terms and conditions upon which you obtained a valid license to the Software.

Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of

the Software.

6. Intellectual Property Ownership, Reservation of Rights.

The Software and any authorized copies that you make are the intellectual property of Adobe and its

suppliers. The structure, organization and code of the Software are the valuable intellectually property

(e.g. trade secrets and confidential information) of Adobe and its suppliers. The Software is protected

by law, including without limitation the copyright laws of the United States and other countries, and by

international treaty provisions. Except as expressly stated herein, this agreement does not grant you any

intellectual property rights in the Software and all rights not expressly granted are reserved by Adobe

and its suppliers.

7. Connectivity and Privacy. You acknowledge and agree to the following:

7.1 Use of PDF Files. When you Use the Software to open a PDF file that has been enabled to display

ads, your Computer may connect to a website operated by Adobe, an advertiser, or other third party.

Your Internet Protocol address (“IP Address”) is sent when this happens. The party hosting the site may

use technology to send (or “serve”) advertising or other electronic content that appears in or near the

opened PDF file. The website operator may also use JavaScript, web beacons (also known as action tags

or single-pixel gifs), and other technologies to increase and measure the effectiveness of advertisements

and to personalize advertising content. Your communication with Adobe websites is governed by the

Adobe Online Privacy Policy found at http://www.adobe.com/go/privacy (“Adobe Online Privacy

Policy”). Adobe may not have access to or control over features that a third party may use, and the

information practices of third party websites are not covered by the Adobe Online Privacy Policy.

7.2 Updating. If your Computer is connected to the Internet, the Software may, without

additional notice, check for Updates that are available for automatic download and

installation to your Computer and let Adobe know the Software is successfully installed.

For Reader, Updates may be automatically downloaded but not installed without additional

notice unless you change your preferences to accept automatic installation. Only non-personally

identifying information is transmitted to Adobe when this happens, except to the extent that

IP Addresses may be considered personally identifiable in some jurisdictions. The use of

such information, including your IP Address, as provided by the auto update process is

governed by the Adobe Online Privacy Policy. Please consult the Documentation for information

about changing default update settings, or online

at http://www.adobe.com/go/settingsmanager for Flash

Player, http://acrobatsupport.com/turning-off-the-acrobat-updater (or successor

website) for Reader, and http://kb2.adobe.com/cps/403/kb403175.html

and http://airdownload.adobe.com/air/applications/SettingsManager/SettingsManager.air for

Adobe AIR.

7.3 Local Storage. Flash Player and Adobe AIR may allow third parties to store certain

information on your Computer in a local data file known as a local shared object. The type

and amount of information that the third party application requests to be stored in a local shared

object can vary by application and such requests are solely controlled by the third party. You can

find more information on local shared objects at http://www.adobe.com/go/flashplayer_security.

For more information on how to limit or control the storage of local shared objects on your Computer,

please visit http://www.adobe.com/go/settmgr_storage_en.

7.4 Settings Manager. Flash Player and Adobe AIR may cause certain user settings to be stored on

your Computer as a local shared object. These settings are associated with the instance of Flash Player

or Adobe AIR on your Computer, but do not contain personally identifiable information associated

with you, and allow you to configure certain settings within the Flash Player including the ability

to limit third parties from storing local shared objects. You can find more information on how

to configure your version of Flash Player or Adobe AIR, including how to disable local shared

objects in the Settings Manager for Flash Player, at http://www.adobe.com/go/settingsmanager,

or http://airdownload.adobe.com/air/applications/SettingsManager/SettingsManager.air for Adobe AIR.

7.5 Peer Assisted Networking Technology. Adobe Flash Player and Adobe AIR runtimes provide the

ability for applications built by third parties to connect to an Adobe Server or Service and permit direct

communication between two Adobe Runtime clients or to connect an Adobe Runtime client as part of a

peer or distributed network that allows a portion of your resources, such as network bandwidth, to be

made directly available to other participants. Prior to joining such peer or distributed network, you will

be provided with the opportunity to accept such connectivity. To manage Peer Assisted Networking

settings, please go to the Settings Manager at http://www.adobe.com/go/settmgr_networking_en.

You can find more information on Peer Assisted Networking at http://www.adobe.com/go/RTMFP.

7.6 Content Protection Technology. If you Use the Adobe Runtimes to access content that has been

protected with Adobe Flash Media Rights Management Server or Flash Access software (“Content

Protection”), in order to let you play the protected content, the Software may automatically request

media usage rights and individualization rights from a rights server on the Internet, and may download

and install required components of the Software, including any available Content Protection Updates.

You can find more information on Content Protection at http://www.adobe.com/go/protected_content.

7.7 Use of Adobe Online Services. If your Computer is connected to the Internet, the Software may,

without additional notice and on an intermittent or regular basis, facilitate your access to content and

services that are hosted on websites maintained by Adobe or its affiliates (“Adobe Online Services”).

Examples of such Adobe Online Services might include, but are not limited to: Acrobat.com. In some

cases an Adobe Online Service might appear as a feature or extension within the Software even though

it is hosted on a website. In some cases, access to an Adobe Online Service might require a separate

subscription or other fee in order to access it, and/or your assent to additional terms of use. Adobe

Online Services might not be available in all languages or to residents of all countries and Adobe may,

at any time and for any reason, modify or discontinue the availability of any Adobe Online Service.

Adobe also reserves the right to begin charging a fee for access to or use of an Adobe Online Service

that was previously offered at no charge. If your Computer is connected to the Internet, the Software

may, without additional notice, update downloadable materials from these Adobe Online Services so as

to provide immediate availability of these Adobe Online Services even when you are offline. When the

Software connects to the Internet, no personally identifiable information is sent except to the extent that

IP Addresses may be considered personally identifiable in some jurisdictions. Notwithstanding the

foregoing, if you sign on to Acrobat.com your user name and password may be sent to Adobe’s

servers and stored by Adobe in accordance with the Acrobat.com Additional Terms of Use.

Whenever the Software makes an Internet connection and communicates with an Adobe website,

whether automatically or due to explicit user request, the Adobe Online Privacy Policy shall apply.

Additionally, unless you are provided with separate terms of use at that time, the Adobe.com Terms of

Use (http://www.adobe.com/go/terms) shall apply. Please note that the Adobe Privacy Policy allows

tracking of website visits and it addresses in detail the topic of tracking and use of cookies, web

beacons and similar devices.

8. Third Party Offerings. You acknowledge and agree to the following:

8.1 Third Party Offerings. The Software may allow you to access and interoperate with third party

content, software applications, and data services, including rich Internet applications (“Third Party

Offerings”). Your access to and use of any Third Party Offering, including any goods, services, or

information, is governed by the terms and conditions respecting such offerings and copyright laws of

the United States and other countries. Third Party Offerings are not owned or provided by Adobe.

You agree that you will not use any of such Third Party Offerings in violation of copyright laws of

the United States or other countries. Adobe or the third party may at any time, for any reason, modify

or discontinue the availability of any Third Party Offerings. Adobe does not control, endorse or accept

responsibility for Third Party Offerings. Any dealings between you and any third party in connection

with a Third Party Offerings, including such party’s privacy policies and use of your personal

information, delivery of and payment for goods and services and any other terms, conditions,

warranties or representations associated with such dealings, are solely between you and such third

party. Third Party Offerings might not be available in all languages or to residents of all countries and

Adobe or the third party may, at any time and for any reason, modify or discontinue the availability of

any Third Party Offerings.

8.2 EXCEPT AS EXPRESSLY AGREED BY ADOBE OR ITS AFFILIATES OR A THIRD PARTY

IN A SEPARATE AGREEMENT, YOUR USE OF ADOBE AND THIRD PARTY OFFERINGS IS

AT YOUR OWN RISK UNDER THE WARRANTY AND LIABILITY LIMITATIONS OF

SECTIONS 1.1 AND 10.

9. Digital Certificates. You acknowledge and agree to the following:

9.1 Use. Adobe AIR uses digital certificates to help you identify the publisher of Adobe AIR applications

created by third parties. Additionally, Adobe AIR uses digital certificates to establish the identity of

servers accessed via the Transport Layer Security (TLS) protocol, including access via HTTPS. Adobe

Reader uses digital certificates to sign and validate signatures within PDF documents and to validate

certified PDF documents. Adobe Runtimes use digital certificates to secure protected content from

unauthorized usage. Your Computer may connect to the Internet at the time of validation of a digital

certificate in order to download current certificate revocation lists (CRLs) or to update the list of digital

certificates. This access may be made both by the Software and by applications based on the Software.

Digital certificates are issued by third party certificate authorities, including Adobe Certified Document

Services (CDS) vendors listed at http://www.adobe.com/go/partners_cds and Adobe Approved Trust List

(AATL) vendors listed at http://www.adobe.com/security/approved-trust-list.html, and individualization

vendors found at http://www.adobe.com/go/protected_content (collectively “Certification Authorities”),

or can be self-signed.

9.2 Terms and Conditions. Purchase, use and reliance upon digital certificates are the responsibility of

you and a Certification Authority. Before you rely upon any certified document, digital signature or

Certification Authority services, you should review the applicable terms and conditions under which

the relevant Certification Authority provides services, including, for example, any subscriber

agreements, relying party agreements, certificate policies and practice statements. See the links

on http://www.adobe.com/go/partners_cds for information about Adobe’s CDS vendors

and http://www.adobe.com/security/approved-trust-list.html for information about Adobe’s AATL

vendors.

9.3 Acknowledgement. You agree that (a) a digital certificate may have been revoked prior to the time

of verification, making the digital signature or certificate appear valid when in fact it is not, (b) the

security or integrity of a digital certificate may be compromised due to an act or omission by the signer

of the document, the applicable Certification Authority, or any other third party, and (c) a certificate

may be a self-signed certificate not provided by a Certification Authority. YOU ARE SOLELY

RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE. UNLESS

A SEPARATE WRITTEN WARRANTY IS PROVIDED TO YOU BY A CERTIFICATION

AUTHORITY, YOU USE DIGITAL CERTIFICATES AT YOUR SOLE RISK.

9.4 Third Party Beneficiaries. You agree that any Certification Authority you rely upon is a third party

beneficiary of this agreement and shall have the right to enforce this agreement in its own name as if it

were Adobe.

9.5 Indemnity. You agree to hold Adobe and any applicable Certification Authority (except as

expressly provided in its terms and conditions) harmless from any and all liabilities, losses, actions,

damages, or claims (including all reasonable expenses, costs, and attorneys fees) arising out of or

relating to any use of, or reliance on, any service of such authority, including, without limitation

(a) reliance on an expired or revoked certificate, (b) improper verification of a certificate, (c) use of a

certificate other than as permitted by any applicable terms and conditions, this agreement or applicable

law; (d) failure to exercise reasonable judgment under the circumstances in relying on issuer services or

certificates or (e) failure to perform any of the obligations as required in the terms and conditions

related to the services.

10. Limitation of Liability.

IN NO EVENT WILL ADOBE, ITS SUPPLIERS, OR CERTIFICATION AUTHORITIES BE

LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING

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, OR CLAIMS. 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 AND

CERTIFICATION AUTHORITIES UNDER OR IN CONNECTION WITH THIS AGREEMENT

SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. 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 and Certification Authorities 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. For further information, please see the jurisdiction specific information at the end of this

agreement, if any, or contact Adobe’s Customer Support Department.

11. Export Rules.

You agree that the Software will not be shipped, transferred, or exported into any country or used in

any manner prohibited by the United States Export Administration Act or any other export laws,

restrictions or regulations (collectively the “Export Laws”). In addition, if the Software is identified as

export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or

otherwise located within, an embargoed nation (including without limitation Iran, Syria, Sudan, Cuba,

and North Korea) 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.

12. Governing Law.

This agreement will be governed by and construed in accordance with the substantive laws in force:

(a) in the State of California, if a license to the Software is obtained when you are in the United States,

Canada, or Mexico; or (b) in Japan, if a license to the Software is obtained when you are in Japan,

China, Korea, or other Southeast Asian country where all official languages are written in either an

ideographic script (e.g., Hanzi, Kanji, or Hanja), and/or other script based upon or similar in structure

to an ideographic script, such as Hangul or Kana; or (c) in England, if a license to the Software is

obtained when you are in any other jurisdiction not described above. The respective courts of Santa

Clara County, California when California law applies, Tokyo District Court in Japan, when Japanese

law applies, and the competent courts of England, when the law of England applies, shall each have

non-exclusive jurisdiction over all disputes relating to this agreement. 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.

13. General Provisions.

If any part of this agreement is found void and unenforceable, it will not affect the validity of the

balance of this agreement, which shall remain valid and enforceable according to its terms. This

agreement shall not prejudice the statutory rights of any party dealing as a consumer. This agreement

may only be modified by a writing signed by an authorized officer of Adobe. Updates may be licensed

to you by Adobe with additional or different terms. This is the entire agreement between Adobe and

you relating to the Software and it supersedes any prior representations, discussions, undertakings,

communications, or advertising relating to the Software.

14. Notice to U.S. Government End Users.

For U.S. Government End Users, Adobe agrees to comply with all applicable equal opportunity laws

including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the

Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the

Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60,

60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence

shall be incorporated by reference in this agreement.

15. Compliance with Licenses.

If you are a business or organization, you agree that upon request from Adobe or Adobe’s authorized

representative, you will, within thirty (30) days, fully document and certify that use of any and all

Software at the time of the request is in conformity with your valid licenses from Adobe.

16. European Union Provisions.

Nothing included in this agreement (including Section 4.5) shall limit any non-waivable right to

decompile the Software that you may enjoy under mandatory law. For example, if you are located in

the European Union (EU), you may have the right upon certain conditions specified in the applicable

law to decompile the Software if it is necessary to do so in order to achieve interoperability of the

Software with another software program, and you have first asked Adobe in writing to provide the

information necessary to achieve such interoperability and Adobe has not made such information

available. In addition, such decompilation may only be done by you or someone else entitled to use a

copy of the Software on your behalf. Adobe has the right to impose reasonable conditions before

providing such information. Any information supplied by Adobe or obtained by you, as permitted

hereunder, may only be used by you for the purpose described herein and may not be disclosed to any

third party or used to create any software which is substantially similar to the expression of the

Software or used for any other act which infringes Adobe or its licensors’ copyright.

17. Specific Provisions and Exceptions.

17.1 Limitation of Liability for Users Residing in Germany and Austria.

17.1.1 If you obtained the Software in Germany or Austria, and you usually reside in such country,

then Section 10 does not apply. Instead, subject to the provisions in Section 17.1.2, Adobe’s statutory

liability for damages shall be limited as follows: (a) Adobe shall be liable only up to the amount of

damages as typically foreseeable at the time of entering into the license agreement in respect of

damages caused by a slightly negligent breach of a material contractual obligation and (b) Adobe shall

not be liable for damages caused by a slightly negligent breach of a non-material contractual

obligation.

17.1.2 The aforesaid limitation of liability shall not apply to any mandatory statutory liability, in

particular, to liability under the German Product Liability Act, liability for assuming a specific

guarantee or liability for culpably caused personal injuries.

17.1.3 You are required to take all reasonable measures to avoid and reduce damages, in particular to

make back-up copies of the Software and your computer data subject to the provisions of this

agreement.

If you have any questions regarding this agreement, or if you wish to request any information from

Adobe, please use the address and contact information included with this product or via the web

at http://www.adobe.com to contact the Adobe office serving your jurisdiction.

Adobe, Adobe AIR, AIR, Authorware, Flash, Reader, and Shockwave are either registered trademarks

or trademarks of Adobe Systems Incorporated in the United States and/or other countries.

PlatformClients_PC_WWEULA-en_US-20100108_1657

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One Response to Adobe Flash Player 10.2

  1. Niiifishcake says:

    How amazing. Here it is June 11, 2011 and Adobe Flash Player 10.3 Installer continues to display the phrase
    “I have read and agree to the terms of the Flash Player License Agreement. Read the license here.”
    The result of clicking the underlined phrase appears to be the same as in this post. WHAT DOES ONE DO?
    I have clicked on the BOX and continued with the install. The legalese appears unlikely to be legal enforceability as the company has persisted in making its information extraordinarily difficult to find and to read by its customers. HOPEFULLY yours. .\

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