Macromedia license required for bug #23221

1 files changed, 668 insertions, 203 deletions

diff --git a/licenses/Macromedia b/licenses/Macromedia
index 065423ae205b..262a1e069884 100644
--- a/licenses/Macromedia
+++ b/licenses/Macromedia
@@ -1,203 +1,668 @@
-   MACROMEDIA® SOFTWARE END USER LICENSE AGREEMENT FOR DESKTOP USE ONLY
-
-   IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A
-   LEGAL AGREEMENT BETWEEN YOU AND MACROMEDIA. READ IT CAREFULLY BEFORE
-   USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND
-   CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY SELECTING
-   THE DOWNLOAD OR INSTALL NOW BUTTON AND USING THE SOFTWARE, YOU ARE
-   CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME
-   BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND
-   BY THESE TERMS, THEN UNINSTALL THE SOFTWARE FROM YOUR COMPUTER.
-
-   1. Definitions
-
-   (a) "Macromedia" means Macromedia, Inc. and its licensors, if any.
-   (b) "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.
-
-   2. License Grants
-
-   (a) You may install and use the Software on a single desktop computer
-   that has a Windows PC (including Windows 95, 98, 2000, NT, Me and XP),
-   a Macintosh desktop operating system, a Linux desktop operating
-   system, or a Solaris desktop operating system; provided, however,
-   that, notwithstanding anything contrary contained herein, you may not
-   use the Software on any non-PC product, including, but not limited to,
-   a web appliance, set top box (STB), handheld, phone, or web pad
-   device. A license for the Software may not be shared, installed or
-   used concurrently on different computers.
-   (b) 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.
-   (c) You agree that Macromedia may audit your use of the Software for
-   compliance with these terms at any time, upon reasonable notice.
-   (d) Your license rights under this EULA are non-exclusive.
-   (e) Certain rights are not granted under this Agreement, but may be
-   available under a separate agreement. If you would like to enter into
-   a Distribution Agreement, please go to:
-   [9]http://www.macromedia.com/software/flash/open/licensing/.
-   3. License Restrictions
-
-   (a) Other than as 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, modify, adapt or translate the Software,
-   or decompile, reverse engineer, disassemble, or otherwise reduce the
-   Software to a human-perceivable form.
-   (c) You may not sell, rent, lease, or sublicense the Software.
-   (d) You may not modify the Software or create derivative works based
-   upon the Software.
-   (e) You may not export the Software into any country prohibited by the
-   United States Export Administration Act and the regulations
-   thereunder.
-   (f) 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. Ownership
-
-   The foregoing license gives you limited license to use the Software.
-   Macromedia and its suppliers retain all right, title and interest,
-   including all copyright and intellectual property rights, in and to,
-   the Software and all copies thereof. All rights not specifically
-   granted in this EULA, including Federal and International Copyrights,
-   are reserved by Macromedia and its suppliers.
-
-   5. WARRANTY DISCLAIMER
-
-   (a) THE SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN "AS-IS"
-   BASIS. MACROMEDIA PROVIDES NO TECHNICAL SUPPORT OR WARRANTIES FOR THE
-   SOFTWARE.
-   (b) MACROMEDIA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND
-   REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE
-   WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
-   ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET
-   ENJOYMENT. MACROMEDIA DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE
-   OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED
-   TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY
-   GRANTED HEREIN. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR
-   USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING
-   WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION
-   OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS,
-   AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. MACROMEDIA
-   SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR
-   SUCH PURPOSES.
-   (c) 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.
-   (d) 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.
-   (e) (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
-   WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY
-   GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL
-   RIGHTS THAT VARY FROM STATE TO STATE.
-
-   6. 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 $50 OR THE AMOUNT
-   PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
-   (c) (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
-   LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE
-   LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE
-   OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
-   (d) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO
-   THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS
-   EULA.
-
-   7. Basis of Bargain
-
-   The Warranty Disclaimer, Exclusive Remedies and Limited Liability set
-   forth above are fundamental elements of the basis of the agreement
-   between Macromedia and you. Macromedia would not be able to provide
-   the Software on an economic basis without such limitations. Such
-   Warranty Disclaimer, Exclusive Remedies and Limited Liability inure to
-   the benefit of Macromedia's licensors.
-
-   8. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
-
-   This Software and the documentation are provided with "RESTRICTED
-   RIGHTS" applicable to private and public licenses alike. Without
-   limiting the foregoing, use, duplication, or disclosure by the US
-   Government is subject to restrictions as set forth in this EULA and as
-   provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS
-   252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19,
-   or FAR 52.227-14, as applicable. Manufacturer: Macromedia, Inc., 600
-   Townsend, San Francisco, CA 94103.
-
-   9. (Outside of the USA) Consumer End Users Only
-
-   The limitations or exclusions of warranties and liability contained in
-   this EULA do not affect or prejudice the statutory rights of a
-   consumer (i.e., a person acquiring goods otherwise than in the course
-   of a business).
-
-   The limitations or exclusions of warranties, remedies or liability
-   contained in this EULA shall apply to you only to the extent such
-   limitations or exclusions are permitted under the laws of the
-   jurisdiction where you are located.
-   10. Third Party Software
-
-   The Software may contain third party software which requires notices
-   and/or additional terms and conditions. Such required third party
-   software notices and/or additional terms and conditions are located at
-   [10]http://www.macromedia.com/go/thirdparty/ and are made a part of
-   and incorporated by reference into this EULA.
-
-   11. General
-
-   This EULA shall be governed by the internal laws of the State of
-   California, without giving effect to principles of conflict of laws.
-   You hereby consent to the exclusive jurisdiction and venue of the
-   state courts sitting in San Francisco County, California or the
-   federal courts in the Northern District of California to resolve any
-   disputes arising under this EULA. In each case this EULA shall be
-   construed and enforced without regard to the United Nations Convention
-   on the International Sale of Goods.
-   This EULA contains the complete agreement between the parties with
-   respect to the subject matter hereof, and supersedes all prior or
-   contemporaneous agreements or understandings, whether oral or written.
-   You agree that any varying or additional terms contained in any
-   purchase order or other written notification or document issued by you
-   in relation to the Software licensed hereunder shall be of no effect.
-   The failure or delay of Macromedia to exercise any of its rights under
-   this EULA or upon any breach of this EULA shall not be deemed a waiver
-   of those rights or of the breach.
-
-   No Macromedia dealer, agent or employee is authorized to make any
-   amendment to this EULA.
-
-   If any provision of this 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.
+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.