Liars, liars, pants on fires, noses long as them telephone wires...

Got notice of an Adobe Flash update this AM and they told me I had to click a button saying I'd read and would agree to the following license before installation. Lawyers make liars of us all. Have you ever closed on a home? If you sat there and read the contracts, you'd infuriate everyone at the table--especially your wife. This stuff has to stop. Can any of you do something?

Even Adobe's own editors didn't read it. I quote: "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."

See?

ADOBE SYSTEMS INCORPORATED Personal Computer Software License Agreement...

1. WARRANTY DISCLAIMER, BINDING AGREEMENT AND ADDITIONAL TERMS AND AGREEMENTS.

1.1 WARRANTY DISCLAIMER. 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.

1.2 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.

page66image25856
page66image26128
page66image26400
page66image26672
page66image26944
page66image27216
page66image27488
page66image27760
page66image28032
page66image28304
page66image28576
page66image28848
page66image29120
page66image29392
page66image29664

“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

page67image33040
page67image33312
page67image33584
page67image33856

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 NON- COMMERCIAL 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.

page68image33664
page68image33936
page68image34208
page68image34480
page68image34752

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.

page69image32736
page69image33008
page69image33280
page69image33552
page69image33824
page69image34096
page69image34368
page69image34640
page69image34912

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.

page70image38840
page70image39112
page70image39384
page70image39656

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

page71image33584
page71image33856
page71image34128
page71image34400
page71image34672

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. 

 (TB)

Tags: 

Comments

Do something to stop it? I believe in free enterprise.

If you want to "stop it", then don't use Adobe.

I'd hate to see the government get involved in this. Just use another software package.

Or take the time to read it and understand it.

Paul,

It's a function of the way our government is working (or not) that causes software companies to hire lawyers to write all this junk to protect them. The point isn't that the government needs to get involved in changing software license agreements. That would be addressing the symptom.

It is not free enterprise that causes the software license agreements to be so stinking long and complex, but the threat to free enterprise which does so. The point is that they government needs to reform the patent system, copyright system, and the tort system, to prevent abuses.

By the way, I'm not an Adobe fan, but switching to somebody else doesn't solve the problem. In other words, I suspect you're lying if you say that you only use software that you've read and understood the software license agreements for.

Here is the one for the operating system I use:

ENGLISH
APPLE INC.
SOFTWARE LICENSE AGREEMENT FOR MAC OS X
Single Use and Family Pack License for use on Apple-labeled Systems
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THE APPLE SOFTWARE. BY USING THE APPLE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE. IF YOU DO NOT AGREE TO THE TERMS OF THE LICENSE, YOU MAY RETURN THE APPLE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND. IF THE APPLE SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK "DISAGREE/DECLINE". FOR APPLE SOFTWARE INCLUDED WITH YOUR PURCHASE OF HARDWARE, YOU MUST RETURN THE ENTIRE HARDWARE/SOFTWARE PACKAGE IN ORDER TO OBTAIN A REFUND.
IMPORTANT NOTE: This software may be used to reproduce, modify, publish and distribute materials. It is licensed to you only for reproduction, modification, publication and distribution of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce, modify, publish or distribute. If you are uncertain about your right to copy, modify, publish or distribute any material, you should contact your legal advisor.
1. General. The software (including Boot ROM code), documentation and any fonts accompanying this License whether preinstalled on Apple-labeled hardware, on disk, in read only memory, on any other media or in any other form (collectively the “Apple Software”) are licensed, not sold, to you by Apple Inc. (“Apple”) for use only under the terms of this License, and Apple reserves all rights not expressly granted to you. The rights granted herein are limited to Apple's and its licensors' intellectual property rights in the Apple Software as licensed hereunder and do not include any other patents or intellectual property rights. You own the media on which the Apple Software is recorded but Apple and/or Apple's licensor(s) retain ownership of the Apple Software itself. The terms of this License will govern any software upgrades provided by Apple that replace and/or supplement the original Apple Software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Title and intellectual property rights in and to any content displayed by or accessed through the Apple Software belongs to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of the third party providing such content. This License does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you.
2. Permitted License Uses and Restrictions.
A. Single Use. This License allows you to install, use and run one (1) copy of the Apple Software on a single Apple-labeled computer at a time. You agree not to install, use or run the Apple Software on any non-Apple-labeled computer, or to enable others to do so. This License does not allow the Apple Software to exist on more than one computer at a time, and you may not make the Apple Software available over a network where it could be used by multiple computers at the same time.
B. Family Pack. If you have purchased a Mac OS X Family Pack, this License allows you to install and use one (1) copy of the Apple Software on up to a maximum of five (5) Apple-labeled computers at a time as long as those computers are located in the same household and used by persons who occupy that same household. By "household" we mean a person or persons who share the same housing unit such as a home, apartment, mobile home or condominium, but shall also extend to student members who are primary residents of that household but residing at a separate on-campus location. The Family Pack License does not extend to business or commercial users.
C. You may make one copy of the Apple Software (excluding the Boot ROM code and other Apple firmware that is embedded or otherwise contained in Apple-labeled hardware) in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original. Apple Boot ROM code and firmware is provided only for use on Apple-labeled hardware and you may not copy, modify or redistribute the Apple Boot ROM code or firmware, or any portions thereof.
D. Certain components of the Apple Software, and third party open source programs included with the Apple Software, have been or may be made available by Apple on its Open Source web site (http://www.opensource.apple.com/) (collectively the "Open-Sourced Components"). You may modify or replace only these Open-Sourced Components; provided that: (i) the resultant modified Apple Software is used, in place of the unmodified Apple Software, on a single Apple-labeled computer; and (ii) you otherwise comply with the terms of this License and any applicable licensing terms governing use of the Open-Sourced Components. Apple is not obligated to provide any updates, maintenance, warranty, technical or other support, or services for the resultant modified Apple Software.
You expressly acknowledge that if failure or damage to Apple hardware results from modification of the Open-Sourced Components of the Apple Software, such failure or damage is excluded from the terms of the Apple hardware warranty.
E. Apple has provided, as part of the Apple Software package, access to certain third party software as a convenience. To the extent that the Apple Software contains third party software, Apple has no express or implied obligation to provide any technical or other support for such software. Please contact the appropriate software vendor or manufacturer directly for technical support and customer service related to its software and products.
F. Except as and only to the extent permitted by applicable licensing terms governing use of the Open-Sourced Components, or by applicable law, you may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Apple Software or any part thereof. THE APPLE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE APPLE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
G. If you use Setup/Migration Assistant to transfer software from one Apple-labeled computer to another Apple-labeled computer, please remember that continued use of the original copy of the software may be prohibited once a copy has been transferred to another computer, unless you already have a licensed copy of such software on both computers. You should check the relevant software license agreements for applicable terms and conditions.
3. Transfer. You may not rent, lease, lend, redistribute or sublicense the Apple Software. Subject to the restrictions set forth below, you may, however, make a one-time permanent transfer of all of your license rights to the Apple Software (in its original form as provided by Apple) to another party, provided that: (a) the transfer must include all of the Apple Software, including all its component parts (excluding Apple Boot ROM code and firmware), original media, printed materials and this License; (b) you do not retain any copies of the Apple Software, full or partial, including copies stored on a computer or other storage device; and (c) the party receiving the Apple Software reads and agrees to accept the terms and conditions of this License. You may not rent, lease, lend, redistribute, sublicense or transfer any Apple Software that has been modified or replaced under Section 2D above. All components of the Apple Software are provided as part of a bundle and may not be separated from the bundle and distributed as standalone applications. Apple Software provided with a particular Apple-labeled hardware product may not run on other models of Apple-labeled hardware.
Updates: If an Apple Software update completely replaces (full install) a previously licensed version of the Apple Software, you may not use both versions of the Apple Software at the same time nor may you transfer them separately.
NFR (Not for Resale) and Evaluation Copies: Notwithstanding other sections of this License, Apple Software labeled or otherwise provided to you on a promotional or not-for-resale basis may only be used for demonstration, testing and evaluation purposes and may not be resold or transferred.
Apple System Restore Copies: Restore CDs or DVDs that may accompany an Apple hardware bundle, or are otherwise provided by Apple in connection with an Apple hardware bundle, contain a copy of the Apple Software that is to be used for diagnostic and restorative purposes only. These CDs and DVDs may be resold or transferred only as part of the Apple hardware bundle.
Academic Copies: If the Apple Software package has an academic label or if you acquired the Apple Software at an academic discount, you must be an Eligible Educational End User to use the Apple Software. "Eligible Educational End Users" means students, faculty, staff and administration attending and/or working at an educational institutional facility (i.e., college campus, public or private K-12 schools).
4. Consent to Use of Data. You agree that Apple and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Apple Software, and to verify compliance with the terms of this License. Apple may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
5. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from Apple if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Apple Software and destroy all copies, full or partial, of the Apple Software.

6. Limited Warranty on Media. Apple warrants the media on which the Apple Software is recorded and delivered by Apple to be free from defects in materials and workmanship under normal use for a period of ninety (90) days from the date of original retail purchase. Your exclusive remedy under this Section shall be, at Apple’s option, a refund of the purchase price of the product containing the Apple Software or replacement of the Apple Software which is returned to Apple or an Apple authorized representative with a copy of the receipt. THIS LIMITED WARRANTY AND ANY IMPLIED WARRANTIES ON THE MEDIA INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF SATISFACTORY QUALITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF ORIGINAL RETAIL PURCHASE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY SET FORTH HEREIN IS THE ONLY WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION, PACKAGING OR OTHERWISE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
7. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT FOR THE LIMITED WARRANTY ON MEDIA SET FORTH ABOVE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLE SOFTWARE AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLE SOFTWARE ("SERVICES") ARE PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLE AND APPLE'S LICENSORS (COLLECTIVELY REFERRED TO AS “APPLE” FOR THE PURPOSES OF SECTIONS 7 and 8) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLE SOFTWARE AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE APPLE SOFTWARE OR SERVICES WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, OR THAT DEFECTS IN THE APPLE SOFTWARE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE OR AN APPLE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLE SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
The Apple Software automatically references, displays, links to, and provides web services related to, sites and information located worldwide throughout the Internet. Because Apple has no control over such sites and information, Apple makes no guarantees as to such sites and information, including but not limited to: (a) the accuracy, availability, sequence, completeness, currency, content, validity or quality of any such sites and information, or (b) whether an Apple search completed through the Apple Software may locate unintended or objectionable content. Because some of the content on the Internet consists of material that is adult-oriented or otherwise objectionable to some people or viewers under the age of 18, the results of any search or entering of a particular URL using the Apple Software may automatically and unintentionally generate links or references to objectionable material. By using the Apple Software, you acknowledge that Apple makes no representations or warranties with regard to any sites or information displayed by or accessed through the Apple Software, or any web services performed by the Apple Software in relation to such sites or information. Apple, its officers, affiliates and subsidiaries shall not, directly or indirectly, be liable, in any way, to you or any other person for the content you receive using the Apple Software or for any inaccuracies, errors in or omissions from the content. Financial information displayed by the Apple Software is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Apple Software, you should consult with a financial professional. Neither Apple nor any of its content providers guarantees the accuracy, completeness, or timeliness of stock information appearing within the Apple Software. The Apple Software may be used to conduct automated translations. As automated translations are performed by software tools and do not involve any human intervention or verification, it is not advisable to rely upon such translations where absolute accuracy is required. Backup functions performed by the Apple Software are only carried out at certain times and are subject to hardware limitations such as drive storage capacity.
Apple and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Apple be liable for the removal of or disabling of access to any such Services. Apple may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
8. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APPLE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
9. Digital Certificates.
General. The Apple Software contains functionality that allows it to accept digital certificates either issued from Apple or from third parties. YOU ARE SOLELY RESPONSIBLE FOR DECIDING WHETHER OR NOT TO RELY ON A CERTIFICATE WHETHER ISSUED BY APPLE OR A THIRD PARTY. YOUR USE OF DIGITAL CERTIFICATES IS AT YOUR SOLE RISK. APPLE MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO DIGITAL CERTIFICATES. You agree that (a) you will not falsify or misuse any certificate; (b) you will use Digital Certificates for legal purposes only and in accordance with any applicable Certificate Policy, Certificate Practice Statement or other Certificate Authority business practice disclosures; (c) you are solely responsible for preventing any unauthorized user from making use of your Digital Certificates; and (d) you will revoke any certificate that you have reason to believe has been compromised.
Use of Digital Certificates in iChat. The Apple Software allows you to encrypt your iChat communications. This feature uses digital certificates to verify that the iChat is coming from the iChat screen name that appears in the iChat window and to encrypt and decrypt the chat. It does not verify the identity of the person using that screen name. Apple does not guarantee that there will be no hacking or intrusions into the chat. YOUR USE OF THIS FEATURE IN CONNECTION WITH ICHAT IS AT YOUR SOLE RISK. APPLE MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE USE OF DIGITAL CERTIFICATES AND/OR ENCRYPTION IN ICHAT. By using the Apple Software, you agree that (a) you will take no action that interferes with the normal operation of digital certificates or encryption used in an iChat session or otherwise falsify the digital certificate used to validate a screen name; (b) you will use the encrypted iChat function solely for legal purposes; (c) you are solely responsible for preventing any unauthorized user from having access to any certificate or private key stored on your computer; and (d) you will revoke any certificate that you have reason to believe is compromised. Apple’s Certificate Policy and Certificate Practice Statements may be found at: http://www.apple.com/certificateauthority.
10. Export Control. You may not use or otherwise export or reexport the Apple Product except as authorized by United States law and the laws of the jurisdiction in which the Apple Product was obtained. In particular, but without limitation, the Apple Product may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Apple Product, you represent and warrant that you are not located in any such country or on any such list.
11. Government End Users. The Apple Software and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
12. Controlling Law and Severability. This License will be governed by and construed in accordance with the laws of the State of California, as applied to agreements entered into and to be performed entirely within California between California residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
13. Complete Agreement; Governing Language. This License constitutes the entire agreement between the parties with respect to the use of the Apple Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by Apple. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
14. Third Party Acknowledgements.
A. Portions of the Apple Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the “online” electronic documentation for the Apple Software, and your use of such material is governed by their respective terms.
B. Certain software libraries and other third party software included with the Apple Software are free software and licensed under the terms of the GNU General Public License (GPL) or the GNU Library/Lesser General Public License (LGPL), as the case may be. You may obtain a complete machine-readable copy of the source code for such free software under the terms of the GPL or LGPL, as the case may be, without charge except for the cost of media, shipping, and handling, upon written request to Apple.
The GPL/LGPL software is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. A copy of the GPL and LGPL is included with the Apple Software.
C. The Apple Software includes certain software licensed under the IBM Public License Version 1.0 (IPL) or the Common Public License Version 1.0 (CPL). A copy of the source code for the IPL and CPL licensed software may be found in Apple’s Open Source repository. See Apple's Open Source web site (http:// www.opensource.apple.com/) for information on how to obtain the source code. THE IPL AND CPL SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER APPLE, IBM NOR ANY OTHER CONTRIBUTOR TO THE IPL AND CPL SOFTWARE SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE IPL AND CPL SOFTWARE OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
D. MPEG-2 Notice. To the extent that the Apple Software contains MPEG-2 functionality, the following provision applies: ANY USE OF THIS PRODUCT OTHER THAN CONSUMER PERSONAL USE IN ANY MANNER THAT COMPLIES WITH THE MPEG-2 STANDARD FOR ENCODING VIDEO INFORMATION FOR PACKAGED MEDIA IS EXPRESSLY PROHIBITED WITHOUT A LICENSE UNDER APPLICABLE PATENTS IN THE MPEG-2 PATENT PORTFOLIO, WHICH LICENSE IS AVAILABLE FROM MPEG LA, L.L.C, 250 STEELE STREET, SUITE 300, DENVER, COLORADO 80206.
E. Use of MPEG-4. This product is licensed under the MPEG-4 Systems Patent Portfolio License for encoding in compliance with the MPEG-4 Systems Standard, except that an additional license and payment of royalties are necessary for encoding in connection with (i) data stored or replicated in physical media which is paid for on a title by title basis and/or (ii) data which is paid for on a title by title basis and is transmitted to an end user for permanent storage and/or use. Such additional license may be obtained from MPEG LA, LLC. See http://www.mpegla.com for additional details.
This product is licensed under the MPEG-4 Visual Patent Portfolio License for the personal and non-commercial use of a consumer for (i) encoding video in compliance with the MPEG-4 Visual Standard (“MPEG-4 Video”) and/or (ii) decoding MPEG-4 video that was encoded by a consumer engaged in a personal and non-commercial activity and/or was obtained from a video provider licensed by MPEG LA to provide MPEG-4 video. No license is granted or shall be implied for any other use.
Additional information including that relating to promotional, internal and commercial uses and licensing may be obtained from MPEG LA, LLC. See http: // www.mpegla.com. For answers to frequently asked questions regarding use fees under the MPEG LA Visual Patent Portfolio License see www.apple.com/mpeg4 or www.apple.com/quicktime/products/qt/faq.html.
F. H.264/AVC Notice. To the extent that the Apple Software contains AVC encoding and/or decoding functionality, commercial use of H.264/AVC requires additional licensing and the following provision applies: THE AVC FUNCTIONALITY IN THIS PRODUCT IS LICENSED HEREIN ONLY 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 NON-COMMERCIAL ACTIVITY AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP://WWW.MPEGLA.COM.
G. AMR Notice. The Adaptive Multi-Rate ("AMR") encoding and decoding functionality in this product is not licensed to perform cellular voice calls, or for use in any telephony products built on the QuickTime architecture for the Windows platform. The AMR encoding and decoding functionality in this product is also not licensed for use in a cellular communications infrastructure including: base stations, base station controllers/radio network controllers, switching centers, and gateways to and from the public switched network.
H. FAA Notice. Aircraft Situation Display and National Airspace System Status Information data (collectively “Flight Data”) displayed through the Apple Software is generated by the Federal Aviation Administration. You agree not to redistribute Flight Data without the prior written consent of the FAA. The FAA and Apple disclaim all warranties, expressed or implied (including the implied warranties of merchantability and fitness for a particular purpose), regarding the use and accuracy of the Flight Data. You agree that the FAA and Apple shall not be liable, either collectively or individually, for any loss, damage, claim, liability, expense, or penalty, or for any indirect, special, secondary, incidental, or consequential damages deriving from the use of the Flight Data. The Apple Software is not sponsored or endorsed by the FAA. The FAA is not responsible for technical or system problems, and you should not contact the FAA regarding such problems or regarding operational traffic flow issues.
I. Use of Adobe Color Profiles. You may use the Adobe Color Profile software included with the Apple Software pursuant to this License, but Adobe is under no obligation to provide any support for the Color Profiles hereunder, including upgrades or future versions of the Profiles or other items. In addition to the provisions of Sections 7 and 8 above, IN NO EVENT WILL ADOBE BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER. The Adobe Color Profile software distributed with the Apple Software is also available for download from Adobe at www.adobe.com.
EA0390
Rev. 8-14-07

Again, I think we should not look to government to solve our problems.

It would be quicker to read through these agreements, than it would be to sue someone to "make it easier." Some things are not easy. Everything can't be spoonfed to us, everything can't be presented in easy-to-read format.

Again, in the US we have freedom. Read it or don't. Click Agree or don't. It's nothing we need legislation about.

I wonder what our Founding Fathers would think about the things we complain about today?

This sort of stuff is the result of government intrusion into the market. The mortgage illustration given above is a example. "Community activists" complain about a lack of consumer protection for something. So a law is passed, for example, requiring everyone to be given a 10 day waiting period. A 10 day waiting period does not work in the marketplace (for whatever reason). The solution? Have a lawyer create (yet another) form to be signed waiving your "right" to a 10 day waiver. And so on, and so on.

I'm a former real estate lawyer, and even I don't read the documentation. Why? What will you do if you do? Can you negotiate it? Of course not. Same is true for software. So don't buy from Adobe. Buy from Microsoft. Or Apple. Or Google. Guess what - "meet the new boss, same as the old boss." Exact same stuff.

Only when government gets out of the way will we have progress.

Paul, I think Fred stated more clearly what I was trying to say. The point is that it's largely the government's fault and therefore it's the only place where the problem can be solved. Your contention is that it's better to let the problem exist, than to involve the government in it, which makes quite a bit of sense in many areas. But it would make more sense in this case if the government wasn't already heavily involved. So the call to have it fixed is a call to get the government *out*, not in.

In other words, I don't consider it a solution to pass a law that requires EULA's to be no more than 250 words, or something silly like that. That's laying bureaucracy on top of stupidity.

"... EULA's to be no more than 250 words, or something silly like that"

Actually, that's not a bad idea at all! But, it needs to be far, far more stringent than 250 words. Make the limit 100 words. Or, for simple things (like toothbrushes) make the limit 25 words.

Brevity is everything. Can't guard yourself against in so few words? Well, then prioritize what you want to make your customer give up, and then create a EULA that mentions only that.

Tort reform such as "the loser pays the legals costs and attorneys' fees of the winner" would be a good place to start.

Actually, there are no government regulations stating what a Terms and Conditions must say. If companies are chosing to make them many pages long, they are doing so without government requiring them to.

I don't like to see government specifying the number of words we can write. Why give them still more power? Far better to

choose another software company
actually read through the regulations or
don't read them and say "I agree"

None of them are all that onerous. I imagine there have been bigger problems in this world.

I used to read them but it became too much, they are everywhere.

Instead now I just click "I have read and agree..." whilst saying in my heart "I don't consent to this oppressive format of engagement (having to read dozens of pages) and am happy to be quite honest with anyone who verbally asks that I have not read them."

But indeed, we need to make it stop.

Dear men,
*We* have caused this by continuing to accept software agreements, lying that we have read the agreements. We will see reform when *we* exert the self-discipline of refusing to use software that has unconscionably long user agreements. This will create the pressure for software companies to scale them back. (Right now everyone lies so there is no pressure against ever-lengthening agreements.)

We have to use Adobe Reader but we don't have to obey the ninth commandment? We first lie and then whine around about how oppressed we are that they made us do it?

Stop lying, now.

Bravo, Daniel! Men of God who lie because a corporation didn't make it easy enough to read? Men of God who feel "entitled" to use Adobe, and "oppressed" by reading legal jargon? I think of the oppression our ancestors endured, and I wonder what the world has come to.

Paul: "Actually, there are no government regulations stating what a Terms and Conditions must say."

Read up on contract law and torts...then read precedent-setting judicial decisions...if you're in a state that hasn't made a decision on a case of similar subject matter, refer to other states that have.

So really, these T&Cs are written because of governmental decisions...and yes, even regulations (companies are still scrambling to understand GLBA and what disclosures they're supposed to be making)...and what's really entertaining? I don't think anyone is sure just how binding these software agreements are!

>>I'd hate to see the government get involved in this.

>>Again, I think we should not look to government to solve our problems.

>>It's nothing we need legislation about.

Paul, you're getting shrill. Read the post. There was no mention of the government in my post and you're the one who brought it up in the comments.

Why would you jump to the conclusion that someone asking if "any of you can do something about this" is really a request for readers to write and get legislation passed? In your world is government the natural solution to everything?

* * *

To those who say there's no problem, I'm only writing to those who think there is, and they're a pretty sizable and well-informed and wise bunch of older men. Not one of them is suggesting we all stop using Adobe and Microsoft and Apple products and software. Every one of them knows America is rife with lies without which we cannot live.

If you think you're clean, more power to you. This post isn't for you.

Love,

Love,

One additional thing: a couple of times when I've been told to sign a contract, I've struck through some of the text and altered it in the margin. Each time, the person requiring the signature has looked at me like I'm odd and then filed the contract away without reading my alteration.

Funny funny funny. Try it yourself. I'll bet it works.

Love,

Craig, from what I can gather, there's a high likelihood that UELA's wouldn't stand up in court.

I think I'm going to start sending emails to the companies that do this. What do you think of the following?

******
To whom it may concern:

When I installed [software name] and agreed to the terms and conditions, I was actually agreeing to the following modified version, which I have read, understood, and agreed to:

"The user agrees to use the software or not. If the user doesn't use the software, he can, but is not required to, delete or uninstall it."

A non-response to this message will be deemed consent to the changes outlined above.

Thank you,
-Joseph

Love it, Joseph! Now that's doing something helpful!

Love ya,

Actually, I read all the documents at my closings. It doesn't worry me if it "infuriates" anyone. My spouse reads them also. It's a huge loan, after all, probably the biggest loan committment I'll make in my life--and I should be worried about "infuriating" people? Who cares?

Those who check "I agree" when they haven't read the documents are breaking the Ninth Commandment. Period.

>> If you think you're clean

Pride had crept in, I needed this. Thank you.

Dear Paul,

Good for you reading all the documents. Truly I commend you. What you're not saying, though, is that you apologize for breaking the Ninth Commandment in implying that the post proposed the government as the solution for the problem. Why not?

Is it because you have learned how to assure yourself that you are the standard for keeping the Ninth Commandment?

I used to believe that about myself, but then I studied the Ninth Commandment and realized how often I lie. You've pointed out one place (which I already knew).

Now I'm pointing out to you a similar place I think you've never realized. In your e-mail and online exchanges, learn not to imply others are saying things they're not. It's dishonest or an honest mistake of misinterpretation, and either way when it's corrected you should apologize for misleading readers.

Love,

"The point is that they government needs to reform the patent system, copyright system, and the tort system, to prevent abuses."

And my point, again, is that the government should stay out of free enterprise. They should not get involved in the patent system or the copyright system, just to make user agreements more convenient for you.

And a disagreement is not a lie. I think that is where you are confused.

Paul,

My husband and I are exactly like you and your wife when it comes to mortgages/refinances, auto loans, and any other major home purchase. We don't care who we has to wait. After all, they are making money from the transaction. We've always done this, but have been extra careful after a auto agency misrepresented the configuration of the car we bought and then found out that there is no lemon law for used cars in our state.

WRT to the EULAs, I don't read them in depth, but I skim them and only read parts that raise a red flag. However, I've never done anything about them.

Exactly. If you don't read legal documents, you have only yourself to blame if there is a problem.

Saying "it was too much trouble" or "they were getting mad about waiting" doesn't cut it.

"This agreement may only be modified by a writing signed by an authorized officer of Adobe."

Sorry, Joseph...they out ivy-leagued you ;)

I see that you can read these agreements and still have no love of neighbor, Mom and Dad, others who are being led to lie. I repent.

How to help others in this, then?

When I was looking for a blog platform I chose Wordpress.com over Blogger.com because Blogger.com had a crazy-huge Terms of Service that linked to five other things, and Wordpress's was small and friendly. BUT I failed my neighbor by never writing Blogger.com/Google to let them know that they lost a blogger due to this. I've abandoned an intention to join online sites because their terms are too complex to read through, but I have not generally written to let them know that their terms were a barrier. How many would it take before companies took notice? 10? 100? 1000? In many cases far less than 1000. But we have to be willing to self-deny.

There are some essential components that this approach won't work with: the operating system license, web browser, your ISP's terms. Is there some higher law that we're submitting to? Would we say that souls will be hurt if we don't click our agreement and make use of the software, and that we really can't be reading these things? I worry that we are deceiving ourselves and that we have the minds of thieves, not of Christ, in this. How will we teach those in our care contentment and integrity and honesty if we covet and steal and lie? In the short term I think that when we click it, it must be the truth.

If your PDF causes you to sin, cut it off and throw it away!

I should share how speaking up made a difference for me. The online tax software I use used to be set up so that at a certain point in the preparation you were supposed to click a button agreeing that under penalty of perjury, you had examined all the forms that were going to be submitted and verified their accuracy. But you couldn't see all the forms together until *after* you clicked it, because they didn't want to give you the whole thing until you'd paid, which was at the end.

I tried to convince myself that I should just click the button. I rehearsed all the people whose fault it was if I did. I'd look away, then back at the button. Finally I looked around and found a list of all the forms the program could possibly send (about 50 of them). By clicking through that list I was able to review the forms. That year I wrote about it on the feedback form and said I'd be happy to pay sooner in the process, but please give me an easier way to review all the forms *before* I have to click that I've reviewed them.

To my surprise, the very next year they implemented that feature: now at any point in the process you can pay, and that unlocks a feature where you can get a print preview of the whole submission. Very nice.

I had a plank in my eye, self-righteous about the Ninth Commandment. That can't be right! "By the works of the Law no flesh will be justified."

I break the Ninth Commandment when I don't apply myself to the work for which my employer pays me.

Paul, it almost feels like an exercise in futility, but let me try one last time to point out a couple of things to you. First, I am Joseph Bayly, and I am not David or Tim Bayly or an author on this blog. You would do well to actually read who is writing what comment, or if you *have* actually been reading, then stop dishonestly conflating comments from multiple people.

Secondly, I would have thought you already knew this, but the government is already "involved in the patent system or the copyright system". In fact, it created them, it modifies them, and it manages them. For example, earlier this month congress passed, and the president signed a law changing our patent system from "first to invent" to "first to file". So when you say the government should not get involved it just makes me laugh and laugh and laugh.

Ah, I see Craig. Let me try again:

******
To whom it may concern:

When I install [software name] and indicate my agreement with the terms and conditions, I will actually be agreeing to the following, which I have read and understood:

"The user agrees to use the software or not. If the user doesn't use the software, he can, but is not required to, delete or uninstall it."

A non-response to this message will be deemed consent to the alternate terms and conditions above.

Furthermore, no alternate agreement nor any amendment to this agreement will be binding unless in writing, signed by me, delivered in person and sealed with a kiss.

Thank you,
-Joseph

Hearty guffaw!

I have read every word in this comment thread as carefully as I read all warranty disclaimers.

It sounds like the Bayleys are anti-government intrustion. Until they want the government to help them.

Have a good day.

Original post: "Lawyers make liars of us all. Have you ("government") ever closed on a home? If you ("government") sat there and read the contracts, you'd ("government'd") infuriate everyone (or "you all", or, down South y'all = "government") at the table--especially your ("Obama's") wife. This stuff has to stop. Can any of you ("government") do something?"

Paul taught us something:

The readership of the Baylyblog is "you". "You" is the government. "You" is also Obama.

When you voted for change, you voted for you, and you got...you. So why are you asking for change when you already got change (Obama, which is also you). Now when you go home, be sure to call your wife "Michelle", but don't call her "you", because that's you, and don't let her read the blog because you'll then be her, now her is you and her is Obama then you are Michelle...a defacto affirmation of sodomite marriage.

The real danger from this post is the overt affirmation of sodomite marriage.

Paul, thank you!

"[Y]ou tithe mint and dill and cummin, and have neglected the weightier provisions of the law" Matthew 23:23.

Paul, it is good that you read all of your legal documents, license agreements, etc. I mean this sincerely; I wish I had more patience to do the same.

However, you seem to be much less concerned with putting words in the mouths of those with whom you are arguing. When you falsely attribute an argument to someone, intentionally or unintentionally, you are bearing false witness against your neighbor.
Period.

Dear Joseph,

Thanks for the inspiration. Below is an email I just wrote to our insurance company after registering to use their online services.

Hello,

As part of registering for online access to the Capital BlueCross benefits that my employer and I pay for I was forced to agree to certain Terms Of Service. This email is a notification to Capital BlueCross that those Terms Of Service, forced upon me under duress, were not read by me, nor understood, nor do I agree to them, nor will I be bound by them. My expressed agreement was actually to the following amended terms and conditions, which I have read and understood, and to which I will be bound:

"I agree to use, or not use, the software and online services provided by Capital BlueCross in a legal and responsible manner."

A non-response to this email will be deemed consent to the amended terms and conditions above. Furthermore, no change to these terms and conditions will be binding unless submitted to me in writing with the notarized signature of a Capital BlueCross representative, and subsequently signed by me.

Yours truly,
Abram Hess

>>> If you think you're clean

This rebuke has helped me again and again. My family has come to Romans in our family devotions and I took us through Calvin on the Ten Commandments to try to help us understand how we are *not* clean, apart from the blood of Jesus. We break all the commandments. No place for pride.

Thanks for helping me see my own sin, which is the only way I can ever fight against sin without falling into the worst sin: hypocrisy.

Sincerely,

Add new comment