5. LIMITATION OF LIABILITY IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE
TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY
CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR
LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY
ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO
THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ADOBE’S
AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION
WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE
SOFTWARE. Nothing contained in this Agreement limits Adobe’s liability to you in the event of
death or personal injury resulting from Adobe’s negligence or for the tort of deceit (fraud). Adobe
is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting
obligations, warranties and liability as provided in this Agreement, but in no other respects and for
no other purpose.
6. TRADEMARKS Adobe and the Adobe logo are the registered trademarks or trademarks of Adobe
in the United States and other countries. With the exception of referential use, you will not use
such trademarks or any other Adobe trademark or logo without separate prior written permission
granted by Adobe.
7. TERM This Agreement is effective until terminated. Adobe has the right to terminate this
Agreement immediately if you fail to comply with any term hereof. Upon any such termination,
you must return to Adobe all full and partial copies of the Software in your possession or control.
8. GOVERNMENT REGULATIONS If any part of the Software is identified as an export controlled
item under the United States Export Administration Act or any other export law, restriction or
regulation (the “Export Laws”), you represent and warrant that you are not a citizen, or otherwise
located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya,
Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws
from receiving the Software. All rights to use the Software are granted on condition that such
rights are forfeited if you fail to comply with the terms of this Agreement.
9. GOVERNING LAW This Agreement will be governed by and construed in accordance with the
substantive laws in force in the State of California as such laws are applied to agreements entered
into and to be performed entirely within California between California residents. This Agreement
will not be governed by the conflict of law rules of any jurisdiction or the United Nations
Convention on Contracts for the International Sale of Goods, the application of which is expressly
excluded. All disputes arising out of, under or related to this Agreement will be brought exclusively
in the state Santa Clara County, California, USA.
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