Macromedia End User Licenses
Following is the End User License Agreement (EULA) for Macromedia Flash Player
and Macromedia Shockwave Player.
MACROMEDIA SOFTWARE END USER LICENSE AGREEMENT FOR DESKTOP USE ONLY
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A
LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED
OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND MACROMEDIA.
READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING
THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS
WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY SELECTING THE DOWNLOAD
OR INSTALL NOW BUTTON AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR
ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF
THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS,
THEN DO NOT INSTALL THE SOFTWARE.
1. Definitions
1. "Macromedia" means Macromedia, Inc. and its licensors, if any.
2. "Software" means only the Macromedia software program(s)
and third party software programs, in each case, supplied by
Macromedia herewith, and corresponding documentation, associated media,
printed materials, and online or electronic documentation, and all updates
or upgrades of the above that are provided to you.
2. License Grants
1. You may install and use the Software on a single desktop computer that has a
Windows PC operating system (including desktop PC versions of Windows 95, 98,
2000, NT, ME and XP (Home and Professional), a Macintosh desktop operating system,
a Linux desktop operating system, or a Solaris desktop operating system; provided,
however, that, notwithstanding anything contrary contained herein, you may not use
the Software on any non-PC product or any embedded or device versions of the above
operating systems, including, but not limited to, mobile devices, internet appliances,
set top boxes (STB), handhelds, PDAs, phones, web pads, tablets, game consoles, TVs,
DVDs, gaming machines, home automation systems, kiosks or any other consumer electronics
devices or mobile/cable/satellite/television or closed system based service. A license
for the Software may not be shared, installed or used concurrently on different computers.
2. You agree that Macromedia may audit your use of the Software for compliance with these
terms at any time, upon reasonable notice. In the event that such audit reveals any use
of the Software by you other than in full compliance with the terms of this Agreement, you
shall reimburse Macromedia for all reasonable expenses related to such audit in addition to
any other liabilities you may incur as a result of such non-compliance.
3. Your license rights under this EULA are non-exclusive.
4. Certain rights are not granted under this Agreement, but may be available under a separate
agreement. If you would like to enter into a distribution agreement or learn of other
licensing strategies, please go to:
http://www.macromedia.com/software/flash/open/licensing/.
3. License Restrictions
1. You may not make or distribute copies of the Software, or electronically transfer the
Software from one computer to another or over a network.
2. You may not alter, merge, modify, adapt or translate the Software, or decompile,
reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
3. You may not sell, rent, lease, or sublicense the Software.
4. You may not modify the Software or create derivative works based upon the Software.
5. You may not export the Software into any country prohibited by the United States Export
Administration Act and the regulations thereunder.
6. In the event that you fail to comply with this EULA, Macromedia may terminate the license
and you must destroy all copies of the Software (with all other rights of both parties
and all other provisions of this EULA surviving any such termination).
7. You shall not use the Software to develop any software or other technology having the
same primary function as the Software, including but not limited to using the Software
in any development or test procedure that seeks to develop like software or other technology,
or to determine if such software or other technology performs in a similar manner as the Software.
4. Ownership
The foregoing license gives you limited license to use the Software. Macromedia and its suppliers
retain all right, title and interest, including all copyright and intellectual property rights,
in and to, the Software and all copies thereof. All rights not specifically granted in this EULA,
including Federal and International Copyrights, are reserved by Macromedia and its suppliers.
5. WARRANTY DISCLAIMER
1. THE SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN "AS-IS" BASIS. MACROMEDIA
PROVIDES NO TECHNICAL SUPPORT, WARRANTIES OR REMEDIES FOR THE SOFTWARE.
2. MACROMEDIA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS,
IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. MACROMEDIA
DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS
OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED
HEREIN. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING
FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION
OF NUCLEAR FACILITIES AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE
SUPPORT OR WEAPONS SYSTEMS. MACROMEDIA SPECIFICALLY
DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
3. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE
LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
4. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MACROMEDIA, ITS DEALERS, DISTRIBUTORS, AGENTS OR
EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
5. (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY
NOT APPLY TO YOU.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS
THAT VARY FROM STATE TO STATE.
6. MACROMEDIA SHALL HAVE NO RESPONSIBILITY IF THE SOFTWARE HAS BEEN ALTERED IN ANY WAY, OR FOR ANY
FAILURE THAT ARISES OUT OF USE OF THE SOFTWARE WITH OTHER THAN A RECOMMENDED HARDWARE CONFIGURATION,
PLATFORM OR OPERATING SYSTEM.
6. LIMITATION OF LIABILITY
1. NEITHER MACROMEDIA NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS,
BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE
AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF MACROMEDIA OR ITS REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS
FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
2. MACROMEDIA'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE
LIMITED TO THE GREATER OF $50 OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
3. (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY
ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
4. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THIS EULA.
7. Basis of Bargain
The Warranty Disclaimer and Limited Liability set forth above are fundamental elements of the basis
of the agreement between Macromedia and you.
Macromedia would not be able to provide the Software on an economic basis without such limitations.
Such Warranty Disclaimer and Limited Liability inure to the benefit of Macromedia's licensors.
8. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
This Software and the documentation are provided with "RESTRICTED RIGHTS" applicable to private
and public licenses alike. Without limiting the foregoing, use, duplication, or disclosure by the
US Government is subject to restrictions as set forth in this EULA and as provided in DFARS 227.7202-1(a)
and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19,
or FAR 52.227-14, as applicable.
Manufacturer: Macromedia, Inc., 600 Townsend, San Francisco, CA 94103.
9. (Outside of the USA) Consumer End Users Only
The limitations or exclusions of warranties and liability contained in this EULA do not affect or
prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in
the course of a business.
The limitations or exclusions of warranties, remedies or liability contained in this EULA shall
apply to you only to the extent such limitations or exclusions are permitted under the laws of
the jurisdiction where you are located.
10. Third Party Software
The Software may contain third party software which requires notices and/or additional
terms and conditions. Such required third party software notices and/or additional terms
and conditions are located at www.macromedia.com/go/thirdparty/ and are made a part of and
incorporated by reference into this EULA. By accepting this EULA, you are also accepting the
additional terms and conditions, if any, set forth therein.
11. General
This EULA shall be governed by the internal laws of the State of California, without giving
effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and
venue of the state courts sitting in San Francisco County, California or the federal courts in
the Northern District of California to resolve any disputes arising under this EULA. In each
case this EULA shall be construed and enforced without regard to the United Nations Convention
on the International Sale of Goods.
This EULA contains the complete agreement between the parties with respect to the subject matter
hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral
or written. You agree that any varying or additional terms contained in any purchase order or
other written notification or document issued by you in relation to the Software licensed hereunder
shall be of no effect. The failure or delay of Macromedia to exercise any of its rights under this
EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
No Macromedia dealer, agent or employee is authorized to make any amendment to this EULA.
If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary
to law, that provision will be enforced to the maximum extent permissible, and the remaining
provisions of this EULA will remain in full force and effect.
All questions concerning this EULA shall be directed to:
Macromedia, Inc., 600 Townsend, San Francisco, CA 94103, Attention: General Counsel.
Macromedia and other trademarks contained in the Software are trademarks or registered trademarks
of Macromedia, Inc. in the United States and/or other countries.
Third party trademarks, trade names, product names and logos may be the trademarks or registered
trademarks of their respective owners. You may not remove or alter any trademark, trade names,
product names, logo, copyright or other proprietary notices, legends, symbols or labels in the
Software. This EULA does not authorize you to use Macromedia's or its licensors' names or any
of their respective trademarks.