path: root/licenses/Macromedia

MACROMEDIA SOFTWARE END USER LICENSE AGREEMENT

 

See updates to the Upgrade Policy and the Supplemental License Terms
relating to Components.


IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A
LEGAL AGREEMENT BETWEEN YOU 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 INSTALLING 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 AND
RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.

 

THIS EULA SHALL APPLY ONLY TO THE SOFTWARE SUPPLIED BY MACROMEDIA
HEREWITH REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR
DESCRIBED HEREIN.

 

1. Definitions

 

(a) "Bundle" means the Software, together with such other Macromedia
software product, if any, distributed with the Software that may be
operated on the same type of computer on which the Software is
operated.


(b) "CFMX 6.1 Enterprise Update" means version 6.1 of the Enterprise
Edition of Macromedia ColdFusion software that is provided as an
upgrade from version 6.0 of the Enterprise Edition of Macromedia
ColdFusion MX Server software.


(c) "Commercial Version" means a version of the Software that is
neither a Developer Version, an Education Version, a Not For Resale
Version, nor a Trial Version.


(d) "Concurrent-User-Based Software" means, if applicable, Macromedia
Breeze Training software or Macromedia Breeze Live software.


(e) "CPU-Based Software" means, if applicable, a Software (including,
but not limited to, Macromedia Flash Remoting software, Macromedia
JRun, Macromedia Breeze Presentation software, Macromedia Flex, and
the Enterprise Edition of Macromedia ColdFusion software that is not
CFMX 6.1 Enterprise Update) that is neither a Server-Based Software
nor a Concurrent-User-Based Software.


(f) "Developer Version" means a version of the Software, so
identified, to be used internally only and solely for the purposes of
design, development and evaluation.


(g) "Education Version" means a version of the Software, so
identified, for use by qualified educational institutions, including
the students and faculty thereof, only.


(h) "Not For Resale (NFR) Version" means a version, so identified, of
the Software to be used to review and evaluate the Software, only.


(i) "Macromedia" means Macromedia, Inc. and its licensors, if any.


(j) "Sample Application Code" shall have the meaning ascribed to it in
Section 2(d) of this Agreement.


(k) "Server-Based Software" means, if applicable, Macromedia Flash
Communication Server software, CFMX 6.1 Enterprise Update, or the
Standard Edition of Macromedia ColdFusion software.


(l) "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.


(m) "Trial Version" means a version of the Software, so identified, to
be used only to review, demonstrate and evaluate the Software for a
limited time period. The Trial Version may have limited features, may
lack the ability for the end-user to save the end product, and will
cease operating after a predetermined amount of time due to an
internal mechanism within the Trial Version.

 

2. License Grants 


The licenses granted in this Section 2 are subject to the terms and
conditions set forth in this EULA:

 

(a) If the Software is (i) a Developer Version, (ii) a Trial Version,
or (iii) any version of a Server-Based Software, this Section 2(a),
and not Section 2(b) nor Section 2(c), shall apply: Subject to the
terms and conditions of this Agreement, Macromedia hereby grants, and
you accept, the right and license to install and use the Software on a
single computer. A license for the Software may not be shared,
installed nor used concurrently on different computers.


(b) If the Software is a (i) Commercial Version, (ii) Education
Version or (iii) Not For Resale Version, in each case, of a CPU-Based
Software, this Section 2(b), and not Section 2(a) nor Section 2(c),
shall apply: Subject to the terms and conditions of this Agreement,
Macromedia hereby grants, and you accept, the right and license to
install and use the Software on one or more computers, provided,
however, that the total number of CPUs from all of the computers in
which the Software is installed does not exceed the total number of
CPU licenses purchased for such installation and use.


(c) If the Software is a (i) Commercial Version, (ii) Education
Version or (iii) Not For Resale Version, in each case, of a
Concurrent-User-Based Software, this Section 2(c), and not Section
2(a) nor Section 2(b), shall apply: Subject to the terms and
conditions of this Agreement, Macromedia hereby grants, and you
accept, the right and license to install and use the Software on one
or more computers, provided, however, that the total number of
individuals who may simultaneously access the Software, or the
presentation, information, or content displayed or delivered using the
Software, may not exceed the concurrent-user licenses purchased for
such installation and use.


(d) For Sample Application Code, if any, only: You may modify the
HTML, CFML, MXML, ActionScript, Flash Files (FLA), or similar sample
application code form of those portions of the Software that are
identified, if any, as sample application code in the documentation
(the "Sample Application Code") solely for the purposes of designing,
developing and testing your own software applications. However, you
are permitted to use, copy and redistribute your modified sample code
only if all of the following conditions are met: (A) you include
Macromedia's copyright notice (if any) with your application,
including every location in which any other copyright notice appears
in your application; (B) you do not otherwise use Macromedia's name,
logos or other Macromedia trademarks to market your application; (C)
there is installed and running on each server in conjunction with
which your application is running one or more duly licensed copies, as
required, of the Commercial Version or, if applicable and subject to
Section 3(f) hereof, Education Version; and (D) such modified sample
code is designed to operate only in connection with the Software. You
agree to indemnify, hold harmless and defend Macromedia from and
against any loss, damage, claims or lawsuits, including attorney's
fees, that arise or result from the use or distribution of your
application.


(e) You may make one copy of the Software in machine-readable form
solely for backup purposes. You must reproduce on any such copy all
copyright notices and any other proprietary legends on the original
copy of the Software.

 

(f) 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.


(g) Your license rights under this EULA are non-exclusive.

 

3. License Restrictions

 

Except to the extent contrary to applicable law:

 

(a) Other than as expressly set forth in Section 2, you may not make
or distribute copies of the Software, or electronically transfer the
Software from one computer to another or over a network.


(b) You may not alter, merge, adapt or translate the Software, or
decompile, reverse engineer, disassemble, or otherwise reduce the
Software to a human-perceivable form.


(c) Unless otherwise provided herein, you may not rent, lease, or
sublicense the Software. Unless otherwise expressly authorized in a
separate written agreement between, and executed by, you and
Macromedia, you may not use, or permit the use of, the Software on a
timeshare or service bureau basis. In addition, unless otherwise
expressly authorized in a separate written agreement between, and
executed by, you and Macromedia, you may not host, on a subscription
basis or otherwise, the Software (1) to permit a third party to use
the Software to create any content, or (2) to conduct conferences or
on-line meeting services for a third party.


(d) Other than with respect to a Trial Version, Developer Version or a
Not For Resale Version of the Software, you may permanently transfer
all of your rights under this EULA only as part of a sale or transfer,
provided you retain no copies, you transfer all of the Software
(including all component parts, the media and printed materials, any
upgrades, this EULA, the serial numbers, and, if applicable, all other
software products provided together with the Software), and the
recipient agrees to the terms of this EULA. If the Software is an
upgrade, any transfer must include all prior versions of the Software
from which you are upgrading. If the copy of the Software is licensed
as part of the Bundle, the Software shall be transferred only with and
as part of the sale or transfer of the whole Bundle and not
separately. You may retain no copies of the Software. You may not sell
or transfer any Software purchased under a volume discount. You may
not sell or transfer any Trial Version, Developer Version or Not For
Resale Version of the Software.


(e) Other than as expressly set forth in Section 2(d) hereof, you may
not modify the Software or create derivative works based upon the
Software.


(f) Education Versions may not be used for, or distributed to any
party for, any commercial purpose.


(g) Unless otherwise provided herein, you shall not (A) in the
aggregate, install or use more than one copy of the Trial Version of
the Software, (B) download the Trial Version of the Software under
more than one username, (C) alter the contents of a hard drive or
computer system to enable the use of the Trial Version of the Software
for an aggregate period in excess of the trial period for one license
to such Trial Version, (D) disclose the results of software
performance benchmarks obtained using the Trial Version to any third
party without Macromedia's prior written consent, (E) use the Trial
Version for any application deployment or ultimate production purpose,
or (F) use the Trial Version of the Software for a purpose other than
the sole purpose of determining whether to purchase a license to a
commercial or education version of the software; provided, however,
notwithstanding the foregoing, you are strictly prohibited from
installing or using the Trial Version of the Software for any
commercial training purpose.


(h) You shall not (A) use the Developer Version for any application
deployment in a live or stand-by production environment or staging
environment, in each case, including, without limitation, in any
environment accessed by application end-users including but not
limited to servers, workstations, kiosks, and mobile computers , (B)
use or deploy the Developer Version other than internally for the sole
purpose of designing, developing, and evaluating applications pursuant
to the terms and conditions set forth in this EULA, (C) access the
Developer Version from more than a single IP address at any given
time, or, only if you are using the Developer Version of Macromedia
Flex, from more than five IP addresses at any given time, (D) use the
Developer Version to deploy applications that are accessed by end
users, or (E) use the Developer Version of Macromedia Flex to compile
.swf files for deployment outside of a validly licensed copy of the
Macromedia Flex presentation server.


(i) You shall not use the Software to develop any application having
the same primary function as the Software.


(j) You may only use the Not for Resale Version of the Software to
review and evaluate the Software.


(k) You may not export the Software into any country prohibited by the
United States Export Administration Act and the regulations
thereunder.


(l) You may receive the Software in more than one medium but you shall
only install or use one medium. Regardless of the number of media you
receive, you may use only the medium that is appropriate for the
computer on which the Software is to be installed.


(m) The license of the Bundle is licensed as a single product and none
of the products in the Bundle, including the Software, may be
separated for installation or use on more than one computer.


(n) If and only if the Software is Macromedia Flex software. Any
application or content created using Macromedia Flex must be deployed
with an authorized and validly licensed copy of the Macromedia Flex
presentation server.


(o) If and only if the Software is a CFMX 6.1 Enterprise Update or a
Standard Edition of the Macromedia ColdFusion software : You may not
install the Software on a computer with more than eight (8) CPUs
unless you purchase additional licenses to the Software such that the
aggregate number of such licenses you have purchased for such
installation is equal to, or greater than, the quotient (rounded up to
the nearest whole number) obtained by dividing by eight (8) the number
of CPUs for such server in which the Software is installed.


(p) If and only if the Software is Macromedia Flex or Macromedia
ColdFusion software of any version and of any edition, Macromedia
Breeze Presentation Server software, Macromedia Breeze Training
software, or Macromedia Breeze Live software : You are prohibited from
using Macromedia JRun application server included within the Software
other than solely in connection with your use of the Software and
solely in conformance with the documentation provided therewith.


(q) If and only if the Software is Macromedia Flash Communication
Server software: You may use the Software to serve only such capacity
corresponding to the license for the Software you have purchased.


(r) If and only if the Software is Macromedia Breeze Presentation
Server software, Macromedia Breeze Training software, or Macromedia
Breeze Live software: You are prohibited from using Macromedia Flash
Communication Server software that may be included within the Software
other than solely in connection with your use of the Software and
solely in conformance with the documentations provided therewith.


(s) If and only if the Software is Macromedia Breeze Presentation
Server software, Macromedia Breeze Training software, or Macromedia
Breeze Live software: If you or any of your employees or agents
download, install, or use the Macromedia Breeze Player application
(the "Breeze Player") in connection with the use of the Software, you
agree that you will, and you will cause such employees or agents, to
install and use the Breeze Player only on a desktop computer and not
on any non-PC product, including, but not limited to, a web appliance,
set top box (STB), handheld, phone, or web pad device.


(t) If and only if the Software is Macromedia Breeze Training software
or Macromedia Breeze Live software: You may not permit the number of
individuals simultaneously having access to the Software, or the
presentation, information, or content displayed or delivered using the
Software, to exceed such number of concurrent-users permitted by the
license to the Software purchased by you.


(u) If and only if the Software is Macromedia Breeze Presentation
Server software: You may not permit a person other than a person
authorized by you (with each such authorization designated to a unique
individual (an "Authorized Person") and with the aggregate number of
such authorized persons not exceeding the number permitted within the
scope of the license to the Software purchased by you) to access the
Software to create, modify, store, convert, manage, or display any
presentation or information. In addition, you may not permit any such
Authorized Person to share or disclose the username or password
assigned to such Authorized Person in connection with such
authorization. Furthermore, you may not permit any of your employee or
agent who is not an Authorized Person to download or install the
Macromedia Breeze Plug-In for Microsoft Powerpoint.


(v) If and only if the Software is Macromedia Breeze Training
software: You may only install the Software on any computer in which
Macromedia Breeze Presentation Server software is validly installed.


(w) If and only if the Software is Macromedia Breeze Presentation
Server software, Macromedia Breeze Training software, or Macromedia
Breeze Live software: The portion of the Software that is embedded in
a presentation, information, or content created and generated using
the Software (the "Breeze Run-Time") may only be used together with
the presentation, information, or content in which it is embedded. You
shall not use, and shall cause all licensees of such presentation,
information, or content not to use, the Breeze Run-Time other than as
embedded in such presentation, information, or content. In addition,
you shall not, and you shall cause all licensees of such presentation,
information, or content not to, modify, reverse engineer, or
disassemble the Breeze Run-Time.


(x) 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).

 

4. Upgrades and Bundles

 

If this copy of the Software is an upgrade from an earlier version of
the Software, it is provided to you on a license exchange basis. You
agree by your installation and use of such copy of the Software to
voluntarily terminate your earlier EULA and that you will not continue
to use the earlier version of the Software or transfer it to another
person or entity unless such transfer is pursuant to Section 3(d). If
this copy of the Software is licensed as part of the Bundle, and you
have a prior license to the same version of the Software, and the
Bundle was licensed to you with a discount based, in whole or in part,
on your prior license to the same version of the Software, the
Software is provided to you on a license exchange basis. You agree by
your installation and use of this copy of the Software to voluntarily
terminate your EULA with respect to such prior license to the Software
and that you will not continue to install or use such prior license of
the Software or transfer it to another person or entity.

 

5. Ownership

 

The foregoing grants of rights give you limited license to use the
Software. Except as expressly provided in this Agreement, Macromedia
and its suppliers retain all right, title and interest, including all
copyright and intellectual property rights, in and to, the Software
(as an independent work and as an underlying work serving as a basis
for any improvements, modifications, derivative works, and
applications you may develop), and all copies thereof. All rights not
specifically granted in this EULA, including Federal and International
Copyrights, are reserved by Macromedia and its suppliers.

 

6. LIMITED WARRANTY AND DISCLAIMER

 

(a) Except with respect to the Sample Application Code and the Trial
Version, the Developer Version and Not For Resale Version of the
Software, Macromedia warrants that, for a period of ninety (90) days
from the date of delivery (as evidenced by a copy of your receipt):
(i) when used with a recommended hardware configuration, the Software
will perform in substantial conformance with the documentation
supplied with the Software; and (ii) the physical media on which the
Software is furnished will be free from defects in materials and
workmanship under normal use.


(b) MACROMEDIA PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR
IMPLIED, FOR THE SAMPLE APPLICATION CODE OR THE TRIAL VERSION, THE
DEVELOPER VERSION AND THE NOT FOR RESALE VERSION OF THE SOFTWARE. THE
SAMPLE APPLICATION CODE AND THE TRIAL VERSION, THE DEVELOPER VERSION
AND THE NOT FOR RESALE VERSION OF THE SOFTWARE ARE PROVIDED "AS IS".


(c) EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT
TO SOFTWARE OTHER THAN THE SAMPLE APPLICATION CODE AND THE TRIAL
VERSION, THE DEVELOPER VERSION AND NOT FOR RESALE VERSION, MACROMEDIA
AND ITS SUPPLIERS DISCLAIM ALL OTHER 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.

 

(d) 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.


(e) 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.

 

(f) SOME JURISDICTIONS 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.

 

7. Exclusive Remedy

 

Your exclusive remedy under the preceding is to return the Software to
the place you acquired it, with a copy of your receipt and a
description of the problem. Provided that any non-compliance with the
above warranty is reported in writing to Macromedia no more than
ninety (90) days following delivery to you, Macromedia will use
reasonable commercial efforts to supply you with a replacement copy of
the Software that substantially conforms to the documentation, provide
a replacement for defective media, or refund to you your purchase
price for the Software, at its option. Macromedia shall have no
responsibility if the Software has been altered in any way, if the
media has been damaged by misuse, accident, abuse, modification or
misapplication, or if the failure arises out of use of the Software
with other than a recommended hardware configuration. Any such misuse,
accident, abuse, modification or misapplication of the Software will
void the warranty above. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY
AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH
RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION.

 

8. LIMITATION OF LIABILITY

 

(a) 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.

 

(b) MACROMEDIA'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY
CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $500 OR THE AMOUNT
PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.


(c) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR 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.


(d) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO
THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS
EULA.

 

9. Basis of Bargain

 

The Limited Warranty and Disclaimer, Exclusive Remedies and Limitation
of 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 Limited Warranty and Disclaimer, Exclusive Remedies
and Limitation of Liability inure to the benefit of Macromedia's
licensors.

 

10. 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
U.S. 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.

 

11. (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.


12. 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
http://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.

 

13. 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 Agreement 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 Agreement 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.