11 thoughts on “Adobe’s Creative Cloud”

1. Steve,
   This research is exactly what I was looking for. Thank you for sharing it with us! I was at Adobe “Create The Web” conference in San Francisco last week. They advertised Cloud like it was something amazing, looks like the marketing team doing a great job. They also announced new software tools available for web developers for FREE. Basically they completely sold it to me and I was seriously considering join the Cloud. Then I get your email this morning… THANK you for saving me from all of the above!

   Reply ↓

   • Nataliya: I’m not trying to say the Cloud is bad – quite the contrary. I’m saying that right now there are some serious issues that aren’t exposed to the light of day unless you scour the Adobe Forums (and even then you’ll not see everything). My biggest fear is it will stay like that for a while.

     Reply ↓

2. I don’t know why any photographer who already owns PS5 and Lightroom would do this. The upgrade fees are less than the 1 year cost.

   There is one great advantage with the cloud though, you can use both a Windows and a Mac version of the software. There are a couple of plug ins that I really like that are Windows only. Still not worth it though.

   Reply ↓

3. You seem to be extrapolating on some of your points to the worse case scenario. A lot of this “issues” apply to the full paid version of Adobe products as well. For example 3, 6, 9, 11 all apply to both Cloud and paid versions.

   I’m not sure you have #1 right, or it is an edge case. The software has to connect within a 30 day window. I’m not quite following where the 1 week comes from. I’ve gone on vacation without internet for 2.5 weeks with the Cloud and my software still worked.

   For #5 you have complete control. You determine whether you want to download updates or not, just like the paid version.

   There are issues of #7 applying to paid versions as well and is not Cloud specific. It’s always a good idea to uninstall betas before installing full releases.

   #8 is a valid but unlikely point. If they did go belly up your paid version would probably be useful for another year or 2 before somebody else came along with a better product.

   #9 my price is locked in for a year.

   #10 this was my biggest concern when I signed up, but for the cost of upgrading for the Paid versions I can get 2 years of Cloud (because of the first year discount). I was going to pay the money anyway for 1 years version, and I would upgrade next year, so even if it doesn’t work out in the next year, I can buy CS7 when it is available and still not be out any additional money.

   Reply ↓

   • Thanks for your responses, Craig.
     I’m going to nitpick with you.
     3 yep. Applies to all Adobe software. But now Adobe has created a scenario where you’re very likely to try a lot more than you ever would otherwise.

     6 and 9 only apply to Cloud!
     #6: You can buy DVDs in stores for the non-cloud versions so you don’t have to download.
     And #9 I don’t care if Adobe raises the price of software I have already fully licensed – I can still keep using what I already paid for as long as it still works. I’ve got an astrophotography buddy who is still perfectly happy with his CS2 version of Photoshop and all of his plugins still work. Not so with Cloud. Adobe has said you have 1 year to upgrade (or else!). And Adobe can raise the price of the cloud as they wish.

     The “one week” window comes from published reports of real users. But here is a scenario: Because you primarily work on your desktop machine you don’t use ANY Adobe Software on your laptop for 25 days. You grab your laptop and go off on a 3 week expedition without the internet. On the 26 through 31st days since the laptop last connected to the internet you may be fine. OR it could be that on the FIRST day you fire it up, it’s already 8 days past when it thought it needed to check and it’s DEAD. That is NOT a scenario you have to worry about with the fully licensed software.

     #5: I’m glad to hear they are offering more control, though I’m skeptical. Can I selectively install all updates, and patches? Does Adobe fully publish what the updates/patches/fixes are? And, can I undo them? Worse case for a box install is I use Adobe Cleaner and start over (and I’ve had to do that!)

     #8: My permanently licensed product will continue to work whether Adobe lives or dies and for as long as I have a computer to run it on. Saying someone may come along with a better product is irrelevant.

     #9: Are you sure it’s locked in for a year? If so, why does the Cloud insist on checking your license monthly and locking you out if it’s not able to get there?

     On #10 I’ll pick with you again. To drop the cloud and do an upgrade after the second-year only remotely makes financial sense if you already have a permanently licensed suite. If, for example, your first use of LightRoom was through the cloud when you stop paying for the cloud, you now must pay for a full price permanent license. Adobe has not said anything to indicate otherwise.

     Reply ↓

4. As if you didn’t need a reason number 13.

   Here are the ENTIRE the first thousand lines of the license agreement (the entire terms are too long to post!). Adobe was lazy and included “Additional Terms” in the form of 13 extra documents. Read carefully, because the “additional terms” take precedence over the general terms.

   Terms of Use

   Adobe General Terms of Use

   Last updated May 7, 2012. Replaces April 30, 2010 version in its entirety.

   1. Your Agreement With Adobe.

   1.1 Choice of Law. If you are a resident of North America, your relationship is with Adobe Systems Incorporated, a United States company, and you agree to be bound by the laws of California and the laws of the United States. If you reside outside of North America, your relationship is with Adobe Systems Software Ireland Limited, and you agree to be bound by the laws of Ireland.

   1.2 This document sets forth your legal agreement with Adobe Systems Incorporated or Adobe Systems Software Ireland Limited and its agents and affiliates (collectively, “Adobe”). Your use of any Adobe website or service (collectively “Service” or “Services”) that link to these terms is subject to these Terms of Use (the “General Terms”).

   1.3 Some Services may also be subject to additional or different terms (the “Additional Terms”). Without limitation, the Additional Terms for the following Services are hereby incorporated into the General Terms by reference:

   Acrobat.com
   Digital Publishing Suite
   Adobe ConnectNow
   EchoSign
   Adobe Content Server 4
   Adobe Translator
   Adobe Flash Platform Services
   PhoneGap Build
   Business Catalyst
   TypeKit
   CS Services
   Adobe Digital Enterprise Platform Collaboration Service
   1.4 If there is any conflict between the General Terms and the Additional Terms, then the Additional Terms take precedence in relation to that Service. The General Terms and any applicable Additional Terms and all other documents incorporated by reference in these General Terms are referred to as the “Terms”.

   1.5 Adobe may change the Terms at its sole discretion. If we change the Terms, then we will make a new copy available at http://www.adobe.com/go/terms. Your use of the Services is subject to the most current version of the Terms at the time of such use.

   2. Definitions.

   Unless otherwise defined, capitalized terms used throughout these General Terms have the meanings stated below:

   2.1 “Account Information” means the information you provide to Adobe when you register for a service, including your Adobe ID and log-in information.

   2.2 “Intellectual Property Rights” means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, and any other intellectual and proprietary rights.

   2.3 “Law” means any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction, such as any laws regarding the export of data or software to and from the United States or other applicable countries.

   2.4 “Make Available” means to email, post, transmit, upload, or otherwise make available through your use of the Services.

   2.5 “Marks” means the trademarks, logos and service marks displayed on the Services.

   2.6 “Materials” means any materials provided by Adobe and any User Content, including, without limitation, any (a) information, data, documents, images, photographs, graphics, audio, videos, or webcasts, (b) products, and (c) Software.

   2.7 “Service Materials” means Materials other than Your Content.

   2.8 “Shared Content” means the User Content that you or other Users share through the Services.

   2.9 “Software” means Adobe software code and associated documentation, including without limitation any mobile and tablet applications related to the Services, content files, drivers, patches, or fonts.

   2.10 “User” means a user of the Service.

   2.11 “User Content” means (a) Your Content and (b) Shared Content uploaded by other Users.

   2.12 “Your Content” means any Materials that you Make Available through your use of the Services.

   2.13 “Your Shared Content” means Your Content that you choose to make into Shared Content.

   3. Acceptance of Terms.

   3.1 You may not use the Services if you do not agree to the Terms. You may accept the Terms (a) by selecting “I agree” to these Terms, (b) by using the Services in any way, such as downloading or uploading any Materials made available via the Services by Adobe, you, or other Users, or (c) by merely browsing the Services.

   3.2 You may not use the Services if (a) you are prohibited by Law from receiving or using the Services, (b) you are not fully able and competent to enter into a binding contract with Adobe, such as if you are not of legal age or have not obtained parental consent. In particular, unless expressly stated otherwise in the Additional Terms for any given Service, you affirm that you are over the age of 13 and acknowledge that these Services were not intended for children under 13.

   3.3 Adobe may require you to provide consent to the updated Terms before further use of the Services is permitted. Otherwise, your continual use of any Service constitutes your acceptance of the changes.

   4. Privacy Policy.

   For information about Adobe’s data protection and collection practices, please read the Adobe Privacy Policy at http://www.adobe.com/go/privacy, which is incorporated herein by reference. You agree to Adobe’s use of your data in accordance with the Privacy Policy.

   5. Ownership.

   5.1 Services and Adobe Materials. The Services and Materials, and their selection and arrangement, are protected by Intellectual Property Rights. Except as expressly provided in the Terms, Adobe and its licensors do not grant any express or implied rights to use the Services and Materials. All rights, title, and interest in the Service and Materials, in all languages, formats, and media throughout the world, are and will continue to be the exclusive property of Adobe and/or its licensors and nothing in the Terms shall be construed to confer any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights, to you or any third party.

   5.2 Trademarks. The Marks are the property of Adobe or other rights holders. You are not permitted to use the Marks without the prior consent of Adobe or the rights holder. Adobe and the Adobe logo are trademarks of Adobe Systems Incorporated. For a current list of Adobe’s Marks, as well as certain third party Marks, please refer to the posted trademark information at http://www.adobe.com/go/trademarks.

   5.3 Your Content. If you are an individual User, then you own all right, title, and ownership to Your Content. If you are using and accessing the Services and Materials through an account purchased by someone else (such as an employer or a client), then then the person who paid for the account retains all right, title, and ownership to Your Content. For example, if you are using Services provided by your employer, then your employer (not you) owns Your Content.

   6. Use of Services and Materials.

   6.1 If you comply with the terms and conditions of this Agreement, Adobe grants to you a non-exclusive, non-transferable, revocable right to access and use the Services, to Make Available Your Content to the Service, and to use the Service Materials in connection with the Services, subject to the following conditions:

   (a) You may not alter, copy, modify, or re-transmit the Service Materials without Adobe’s express consent;

   (b) You may not lease, license, rent, or sell the Service Materials or the right to use and access the Services;

   (c) You may not remove, obscure, or alter any text, copyright, or other proprietary notices contained in Service Materials; and

   (d) You may not copy or imitate part or all of the design, layout, or look-and-feel of the Service, which are protected by Intellectual Property Rights.

   6.2 You agree to use the Services and the Materials only as permitted by the Terms and any Law.

   6.3 You acknowledge and agree that certain Services and Materials may be available only if you have paid a fee or have provided certain Account Information.

   6.4 Adobe uses reasonable efforts to make the Services available 24 hours a day, 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and repairs, or as a result of failure of telecommunications links and equipment that are beyond our control. Adobe will take reasonable steps to minimize such disruption, to the extent it is within our reasonable control. Certain Services may not be available in all languages.

   6.5 Adobe may modify or discontinue, temporarily or permanently, the Services or Materials, or any portion thereof, with or without notice. You agree that Adobe shall not be liable to you or anyone else if we do so.

   6.6 Payment.

   (a) Subscription Fees. Certain Services require you to purchase a subscription or membership in order to access all or part of such Services. Subscription Fees are non-refundable, except as otherwise stated in specific subscription terms applicable to a Service. Subscription Fees may change at the end of your subscription period. Subscription terms are available at http://www.adobe.com/go/subscription_terms.

   (b) You are responsible for paying all taxes levied in connection with your use of the Services. Your credit card company or bank may impose on you other fees, such as foreign exchange fees, in connection with your payment of the Subscription Fees,. Your ability to access the Services may require payment of third-party fees (such as telephone toll charges, mobile carrier fees, ISP, data plan, etc.). Adobe has no connection to or responsibility for such fees.

   (c) Collection of Subscription Fee. You agree that, in the event Adobe is unable to collect the Subscription Fees owed by you to Adobe for the Services, Adobe may take the steps it deems necessary to collect such Subscription Fees from you and that you will be responsible for all costs and expenses incurred by Adobe in connection with such collection activity.

   7. Account Information; Personal URL.

   7.1 You agree that your Account Information will always be complete, accurate, and up-to-date. It is your responsibility to keep your account password or log-in credentials confidential at all times and you are solely responsible to Adobe for all activity that occurs via your Account. If you become aware of any unauthorized use of your account or Account Information, or any other breach of security, you agree to notify Adobe by contacting Support at http://www.adobe.com/go/support_contact. Adobe may require that you change your Account Information or certain parts of your Account Information at any time for any reason. Unless Adobe expressly allows you the right to create and manage Adobe IDs as an account administrator for a company or unless expressly permitted in the Additional Terms, you may not use another person’s Account Information.

   7.2 As part of registering for a Service, Adobe may require you to create a unique URL, such as your_name_here.adobe.com. Such unique URL may be used solely with the Service, only for so long as you maintain a valid account and shall not be used for any other purpose. Adobe may revoke your right to use that URL for any reason deemed appropriate by Adobe in its sole discretion by giving you at least thirty days prior notice of such revocation, except in the event that your URL, or content therein, is determined by Adobe in its sole discretion to contain infringing or illegal content or content that otherwise violates the Terms. In such event, Adobe reserves the right to revoke your right to use your unique URL immediately without notice. Additionally, Adobe owns and retains all right, title, and interest in and to the use of “Adobe,” and other Adobe property in association with a User’s unique URL. Upon termination for any reason, Adobe may permit another User to use the unique URL previously selected by you.

   8. User Conduct.

   8.1 You agree not to access or attempt to access the Services by any means other than the interface provided by Adobe or circumvent any access or use restrictions put into place to prevent certain uses of the Services.

   8.2 You agree not to use, or to encourage or permit others to use, the Services to:

   (a) Make Available any Material that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, profane, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;

   (b) Stalk, intimidate, and/or harass another;

   (c) Incite others to commit violence;

   (d) Harm minors in any way;

   (e) Make Available any Material that you do not have a right to Make Available under any Law or contractual or fiduciary relationship;

   (f) Make Available any Material that infringes any Intellectual Property Right or other proprietary right of any party;

   (g) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

   (h) Forge headers or otherwise manipulate identifiers to disguise the origin of any of Materials posted on or transmitted through the Services;

   (i) Use the Services or Materials such that it will mislead a User into believing that they are interacting directly with Adobe or any Service;

   (j) Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys, or other duplicative or unsolicited messages (commercial or otherwise);

   (k) Use any Adobe domain name as a pseudonymous return email address;

   (l) Make Available any Material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;

   (m) Access or use the Services in any manner that could damage, disable, overburden, or impair any Adobe server or the networks connected to any Adobe server;

   (n) Intentionally or unintentionally interfere with or disrupt the Services or violate any applicable Laws related to the access to or use of the Services, violate any requirements, procedures, policies, or regulations of networks connected to the Services, or engage in any activity prohibited by the Terms;

   (o) Disrupt or interfere with the security of, or otherwise cause harm to, the Services, Materials, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Services or any affiliated or linked sites;

   (p) Disrupt, interfere with, or inhibit any other User from using and enjoying the Services or Materials, or other affiliated or linked sites, Services, or Materials;

   (q) Access or attempt to access any Material that you are not authorized to access or through any means not intentionally made available through the Services;

   (r) Market any goods or services for any business purposes (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Adobe;

   (s) Reproduce, sell, trade, resell or exploit for any commercial purpose, any portion of the Services or any Materials, use of any Service or Materials, or access to any Service or Materials;

   (t) Use any data mining, robots, or similar data gathering and extraction methods in connection with the Services or Materials;

   (u) Host, on a subscription basis or otherwise, the Services without Adobe’s authorization, including any related application, (i) to permit a third party to use the Services to create, transmit, or protect any content, or (ii) to conduct conferences or online meeting services for a third party;

   (v) Defraud, defame, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; or

   (w) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section 8.2.

   9. Your Content.

   9.1 Storage. Adobe may provide online storage for Your Content, subject to Section 9.2 below and any Additional Terms that may further define the scope of such storage. Unless otherwise stated in Additional Terms or a separate written agreement between you and Adobe, Adobe has (a) no obligation to store Your Content and (b) no responsibility or liability for the deletion or accuracy of any Materials, including Your Content, the failure to store, transmit, or receive transmission of Materials, or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services.

   9.2 You agree that Adobe retains the right to create reasonable limits on the use of the Materials, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by Adobe in its sole discretion.

   9.3 You agree that you, not Adobe, are entirely responsible for all of Your Content that you Make Available, whether publicly posted or privately transmitted. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness, or usefulness.

   9.4 Settings Related to Use and Access of Your Content.

   (a) Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose the access level to apply to your Content, the system may default to its most permissive setting.

   (b) Adobe may allow other Users to comment on Your Shared Content unless you disable the commenting feature.

   (c) Adobe may allow you to import your contacts to the Services. For example, Adobe may provide tools to help you upload email addresses of your contacts. If you provide Adobe your password to retrieve those contacts, Adobe will not store the password after you have uploaded the contact information. In addition, Adobe will not store these email addresses you have uploaded once you have found and connected with your friends.

   9.5 Licenses to Your Content. Adobe requires certain licenses from you with respect to Your Shared Content in order to operate and enable the Services. Accordingly, you grant the licenses to Your Shared Content as follows:

   (a) For Your Shared Content that’s Made Available in a public forum (such as discussion boards or public galleries that may be browsed by anyone with an internet connection, etc.), you grant Adobe a worldwide, royalty-free, non-exclusive, transferable, and sublicensable license to adapt, display, distribute, modify, perform, publish, reproduce, translate, and use Your Shared Content for the purpose of operating and improving the Services and enabling your use of the Services. You may revoke the license and terminate Adobe’s rights at any time by making it no longer shared.

   (b) For Your Shared Content that’s Made Available in a public forum or shared privately with other Users of your choosing, you grant other Users a worldwide, royalty-free, non-exclusive, transferrable, and sublicensable license to display, distribute, perform, and reproduce Your Content, subject to Section 10 of these Terms. If you join or participate in a group that allows for sharing of Your Content within the group (such as a “group album”), then you also grant the Users within the group a license to adapt and modify Your Content that you have decided to share with such group. If you do not want to grant other Users these rights, then don’t share Your Content with other Users.

   (c) For Your Content that is shared privately with other Users of your choosing, you grant Adobe a worldwide, royalty-free, non-exclusive, transferrable, and sublicensable, license to distribute, modify, publish, reproduce, translate, and use Your Content for the purpose of operating and improving the Services and enabling your use of the Services. You may revoke this license and terminate Adobe’s rights at any time by removing Your Content from the Service; provided that you agree that Adobe may retain and use copies of Your Content for archival or “backup” purposes and pursuant to Section 15 (Investigations).

   (d) You may also grant Adobe specific or different license pursuant to the Additional Terms.

   9.6 You acknowledge that the Services are automated (e.g., Your Content is uploaded using software tools) and that Adobe personnel will not access, view, or listen to any of Your Content, except as reasonably necessary to perform the Services, including but not limited to the following: (a) respond to support requests; (b) detect, prevent, or otherwise address fraud, security, or technical issues; (c) as deemed necessary or advisable by Adobe in good faith to conform to legal requirements or comply with legal process; or (d) enforce these Terms, including investigation of potential violations hereof, as further described in Section 15 (Investigations).

   9.7 You acknowledge and agree that although Adobe endeavors to provide security measures to protect Your Content (including Your Shared Content that you shared privately), Adobe is not liable for any damages resulting for the disclosure of Your Content.

   10. Shared Content.

   10.1 License to Shared Content. Adobe grants you a worldwide, royalty-free, and non-exclusive license to distribute, display, download, perform, and reproduce the Shared Content, subject to the restrictions stated in this Section 10. With respect to Shared Content Made Available in a group allowing for content sharing, Adobe also grants you the license to adapt and modify such Shared Content. The license granted in this Section 10.1 is further limited to your personal, internal, and non-commercial purpose only.

   10.2 It is your sole responsibility to determine what limitations, if any, are placed on your Shared Content. Adobe cannot and does not monitor or control what others do with the Shared Content, nor can Adobe prevent them from adding to, modifying, or adapting the Shared Content.

   10.3 You agree that Adobe has no liability of any kind should other Users use, modify, destroy, corrupt, copy, or distribute your Shared Content in violation of the limitations that you may impose on its use.

   10.4 Shared Content may include personal information (such as email addresses) to facilitate your ability to share Your Content. It is your sole responsibility for any and all personal information that you or other Users used and submitted in connection with the Services. You shall comply with all data protection and privacy laws and rules applicable to the personal information of other Users.

   10.5 The Services may allow you to comment on Shared Contents. Comments are not anonymous and may be viewed by other Users. Your comments may be deleted by you, other Users, or Adobe.

   10.6 If you are invited by a user of the Service to participate in shared digital content editing or viewing, and you do not wish to receive email from such User or do not wish to participate, you are required to contact the person who invited you to update, correct, or delete the information they provided about you.

   10.7 In general, even though we might delete an account you hold with us in these types of shared editing or viewing areas, we may continue to retain information regarding your past actions with respect to content reviews or sharing initiated by others.

   10.8 Upon removal of Your Content from the Service or upon making your Shared Content no longer shared, Adobe shall have a reasonable time to cease use, distribution, and/or display of Your Content. However, you acknowledge and agree that Adobe shall have the right but not the obligation to keep archived or “backup” copies of Your Content or use Your Content pursuant to Section 15 (Investigations).

   11. Use of Software.

   11.1 Software made available via the Services or through third-party marketplaces or stores is governed by the terms of the applicable Additional Terms or the license agreement referenced in the Software. If there is any conflict between these Terms and the license agreement provided with such Software, then the license agreement shall take precedence in relation to that Software. If the Software is a pre-release version, then you are not permitted to use or otherwise rely on the Software for any commercial or production purposes, notwithstanding anything to the contrary included within an accompanying license agreement.

   11.2 Adobe may provide mobile and tablet applications through third parties that interact with the Service and Adobe products. You are responsible for obtaining and maintaining any equipment or ancillary services needed to access mobile and tablet applications and you are responsible for all applicable taxes and fees incurred while accessing such applications (such as fees from your mobile carrier, overage charges, etc.)

   11.3 If no license agreement accompanies the Software that is available for download, the download and use of such Software will be governed by the terms of this Section 11.3. Adobe grants you a personal, worldwide, revocable, limited, non-transferable, non-sublicensable, non-assignable, nonexclusive license to use the Software in the manner permitted by the Terms. For clarification, you shall not distribute, lease, rent, sell, or sublicense the Software. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the Software. Notwithstanding the foregoing, decompiling the Software is permitted to the extent the laws of the jurisdiction where you are located give you the right to do so to obtain information necessary to render the Software interoperable with other software, provided, however, that you must first request the information from Adobe and Adobe may, in its discretion, either provide such information to you or impose reasonable conditions, including reasonable fees, on use of the Software to ensure that Adobe’s Intellectual Property Rights in the Software are protected. You may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. For clarity, your use of the Software is also subject to the disclaimers and limitations in Sections 13 and 14 below and your compliance with the export control provisions of Section 22.

   11.4 The Software may automatically download and install updates from Adobe. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new Software modules, and completely new versions. You agree to receive such updates (and permit Adobe to deliver these to you with or without your knowledge) as part of your use of the Services.

   12. Your Warranty, Indemnification Obligation, and Waiver.

   12.1 You represent and warrant that: (a) you own the Intellectual Property Rights, or have obtained all necessary license(s) and permission(s), to use Your Content in keeping with your use in connection with the Services or as otherwise permitted by the Terms; (b) you have the rights necessary to grant the license and sublicenses described in the Terms; (c) you have received consent from any and all persons depicted in Your Content to use Your Content as set forth in the Terms, including distribution, public display, public performance, and reproduction of Your Content; and (d) Your Content does not violate or infringe any intellectual property right or other proprietary right, including right of publicity or privacy, of any person, company or entity, or other third party.

   12.2 You agree to indemnify and hold Adobe and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of Your Content, your use of the Services or Materials, your connection to the Services or Materials, your use and access of personal information of other Users, the actions of any member of your group, your access to or use of Sites or the Linked Sites and your connections therewith, any claim that Your Content caused damage to someone else, any dealings between you and anyone else advertising or promoting via the Services or Materials, your violation of the Terms, or your violation of any rights of another, including any Intellectual Property Rights.

   12.3 You acknowledge and agree that by accessing or using the Services or Materials, you may be exposed to Materials (including Shared Group Content) from others that you may consider offensive, indecent, or otherwise objectionable, and agree to accept that risk.

   13. DISCLAIMER OF WARRANTIES.

   YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

   13.1 THE SITE, SERVICES, AND MATERIALS ARE PROVIDED BY ADOBE “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, ADOBE AND ITS LICENSORS MAKE NO WARRANTY THAT (a) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES, OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (c) THE QUALITY OF THE SITE, SERVICES, OR MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (d) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES, OR MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ADOBE OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

   13.2 ADOBE SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF OR PARTICIPATION IN ANY SERVICES AND YOUR USE OF MATERIALS. ANY MATERIAL DOWNLOADED, MADE AVAILABLE, OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. ADOBE ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM ANY OF THE SERVICES.

   13.3 ADOBE DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES. ADOBE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES. ANY DEALINGS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.

   13.4 MANAGERS, HOSTS, PARTICIPANTS, MODERATORS, AND OTHER THIRD PARTIES ARE NOT AUTHORIZED ADOBE SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF ADOBE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADOBE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY, OR OTHER LAWS. ADOBE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE USE, MISUSE, LOSS, MODIFICATION, OR UNAVAILABILITY OF ANY USER CONTENT.

   13.5 ADOBE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.

   13.6 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

   14. Limitation of Liability.

   14.1 IN NO EVENT SHALL ADOBE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF ADOBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SITE, SERVICES OR MATERIALS. NOTHING IN THE TERMS SHALL LIMIT OR EXCLUDE ADOBE’S LIABILITY FOR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT OF ADOBE OR ITS EMPLOYEES, OR FOR DEATH OR PERSONAL INJURY.

   14.2 ADOBE’S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES, LICENSORS, AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO US $100 OR THE AGGREGATE AMOUNT PAID BY YOU FOR ACCESS TO THE SERVICE DURING THE THREE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY, WHICHEVER IS LARGER. THIS LIMITATION WILL APPLY EVEN IF ADOBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

   14.3 THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION 14 APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

   15. Investigations.

   15.1 Adobe, in its sole discretion, may (but has no obligation to) monitor or review the Services and Materials at any time. Without limiting the foregoing, Adobe shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if it violates the Terms or any Law.

   15.2 Although Adobe does not generally monitor User activity occurring in connection with the Services or Materials, if Adobe becomes aware of any possible violations by you of any provision of the Terms, Adobe reserves the right to investigate such violations, and Adobe may, at its sole discretion, immediately terminate your rights hereunder, including your right to use the Services or Materials, or change, alter, or remove Your Content or Account Information, in whole or in part, without prior notice to you. If, as a result of such investigation, Adobe believes that criminal activity has occurred, Adobe reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Except to the extent prohibited by applicable Law, Adobe is entitled to retain and/or disclose any information or Materials, including Your Content or Account Information (or elements thereof), in Adobe’s possession in connection with your use of the Services to (a) comply with applicable Law, legal process, or governmental request; (b) enforce the Terms; (c) respond to any claims that Your Content violates the Terms or rights of third parties; (d) respond to your requests for customer services; or (e) protect the rights, property or personal safety of Adobe, its Users, or third parties, including the public at large, as Adobe in its sole discretion believes to be necessary or appropriate.

   16. Feedback.

   You have no obligation to provide Adobe with ideas, suggestions or proposals (“Feedback”). However, if you submit Feedback to Adobe, we may use it for any purpose without compensation to you.

   17. Advertising and Your Content.

   You agree that Adobe may display advertisements adjacent to Your Content, and you agree that you are not entitled to any compensation. The manner, mode, and extent of advertising or other revenue generating models pursued by Adobe on or in conjunction with the Services and/or Your Content are subject to change without specific notice to you.

   18. Links to Other Sites.

   The Services and Materials may include links that will take you websites or services not operated by Adobe. Whether the link was provided by Adobe as a courtesy, or whether it was posted by a User, Adobe has no control over non-Adobe websites or services. You agree that we are not responsible for the availability or contents of any website or service we do not operate.

   19. Termination.

   19.1 Termination by You. You may stop using the Service at any time. You may terminate Adobe’s right to distribute, publicly perform, and publicly display Your Shared Content by making it no longer shared. You may terminate the remainder of Adobe’s rights by removing Your Content from the Service, either by deleting it manually, or by contacting Customer Care to have your subscription cancelled, if applicable, and content deleted. To terminate your Service account contact Support at http://www.adobe.com/go/support_contact. Any fees paid by you prior to your termination are not refundable. Termination of your account shall not relieve you of any obligation to pay any accrued fees or charges.

   19.2 Termination by Adobe. Subject to Additional Terms for certain Services (such as ones where you pay for access to these Services), Adobe may at any time terminate our agreement with you (or any individual Additional Terms) if:

   (a) You have breached any provision of the Terms (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms);

   (b) Adobe is required to do so by Law (for example, where the provision of the Services or Materials to you is, or becomes, unlawful);

   (c) The provision of the Services to you by Adobe is, in Adobe’s opinion, no longer commercially viable;

   (d) Adobe has elected to discontinue the Services or Materials (or any part thereof); or

   (e) There has been an extended period of inactivity in your account.

   19.3 Termination or Suspension of Services. Adobe may also terminate or suspend all or a portion of your account and/or access to the Services for any reason (subject to Additional Terms for certain Services). Except as may be set forth in any Additional Terms applicable to a particular Service, termination of your account may include: (a) removal of access to all offerings within the Services; (b) deletion of Your Content and Account Information, including your personal information, log-in ID and password, and all related information, files, and Materials associated with or inside your account (or any part thereof); and (c) barring of further use of the Services.

   19.4 You agree that all terminations for cause shall be made in Adobe’s sole discretion and that Adobe shall not be liable to you or any third party for any termination of your account (and accompanying deletion of your Account Information), or access to the Services and Materials, including Your Content.

   19.5 Upon expiration or termination of the Terms, you shall promptly discontinue use of the Services and Materials. However, any perpetual licenses you have granted, any of your indemnification obligations hereunder, any of Adobe’s disclaimers or limitations of damages of liabilities hereunder, and Sections 8-10, 12-17, 19, 23, and 24 will survive any termination or expiration of the Terms.

   19.6 Upon termination of your use of the Service by you or by Adobe for any other reason other than for cause, Adobe will make reasonable effort to notify you at least thirty (30) days prior to termination, at the email address you provide Adobe as part of your registration, with instructions on how to retrieve Your Content prior to such termination.

   19.7 Except as otherwise stated in any Additional Terms and applicable subscription terms, in the event of termination by Adobe for reasons other than breach of these Terms, Adobe will provide notice pursuant to the General Terms and will provide you with a pro rata refund for the prepaid and unused portion of the Service.

   20. International Users.

   20.1The Services can be accessed from countries around the world and may contain references to Services and Materials that are not available in your country. These references do not imply that Adobe intends to announce such Services or Materials in your country.

   20.2 These Services are controlled, operated, and administered by Adobe Systems Incorporated from its offices in the United States of America. Adobe makes no representation that the Services or Materials are appropriate or available for use outside of the United States. Adobe reserves the right to block access to the Services or Materials by certain international users. If you access the Services from a location outside the United States, then you are responsible for compliance with all local Laws.

   21. Notification of Copyright Infringement.

   21.1 Adobe respects the Intellectual Property Rights of others and expects its Users to do the same. Adobe will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and its response to such notices may include removing or disabling access to the allegedly infringing content, terminating the accounts of repeat infringers, and/or making good-faith attempts to contact the User who posted the content at issue so that he may, where appropriate, make a counter-notification.

   21.2 If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is hosted on the Services, on websites linked to or from the Services, or in connection with the Services or Materials, please provide, pursuant to the DMCA, written notification via regular mail or via fax (not via email or phone) of claimed copyright infringement to Adobe’s Copyright Agent (contact information below), which must contain all of the following elements:

   (a) A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;

   (b) A description of the copyrighted work(s) that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;

   (c) A description of where the content that you claim is infringing is located on the Services;

   (d) Information sufficient to permit Adobe to contact you, such as your physical address, telephone number, and email address;

   (e) A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

   (f) A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

   Before you file such a notification, please carefully consider whether or not the use of copyrighted material at issue is protected by the “fair use” doctrine, as you could be liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an attorney. In addition, you may wish to consult publicly available reference materials such as those found at http://www.chillingeffects.org.

   21.3 If you believe access to your content was disabled or removed by Adobe as a result of an improper copyright infringement notice, please provide, pursuant to the DMCA, written notification via regular mail or via fax (not via email or phone) to Adobe’s Copyright Agent (contact information below), which must contain all of the following elements:

   (a) A physical or electronic signature of the subscriber;

   (b) Identification of the material that was removed from the Services and the location of the Service on which the material appeared before it was removed;

   (c) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

   (d) Information sufficient to permit Adobe to contact you, such as your physical address, telephone number, and email address; and

   (e) A statement that you consent to jurisdiction of the Federal District court for the district where you reside (or of Santa Clara County, California if you reside outside of the United Sates) and that you will accept service of process from the person who provided notification under DMCA subsection (c)(1)(C) or an agent of such person.

   Before you file such a counter-notification, please carefully consider whether or not the use of the copyrighted material at issue is infringing, as you could be liable for costs and attorneys’ fees in the event that a court determines your counter-notification misrepresented that the material was removed by mistake. If you are unsure whether use of the material at issue constitutes infringement, please contact an attorney. In addition, you may wish to consult publicly available reference materials such as those found at http://www.chillingeffects.org.

   21.4 Adobe’s Copyright Agent for notice of claims of copyright infringement can be reached as follows:

   By mail:
   Copyright Agent
   Adobe Systems Incorporated
   601 Townsend Street
   San Francisco, CA 94103

   By fax: (415) 723-7869
   By email:
   By telephone: (408) 536-4030

   The Copyright Agent will not remove content from the Services in response to phone or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit such notifications by fax or ordinary mail only and as further described by this Section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Services or on sites linked to or from the Services, or in connection with the Services or Materials. All other inquiries directed to the Copyright Agent will not be responded to.

   22. Export Control Laws.

   You acknowledge that the Services, Software, and Materials are subject to the U.S. export control and sanctions laws (including the Export Administration Regulations) (“Export Controls”) and that you will comply with the Export Controls. You will not export or re-export the Software or Materials, directly or indirectly, to, or use the Services in connection with: (a) any countries that are subject to U.S. export restrictions (including, but not limited to, Cuba, Iran, North Korea, Sudan, and Syria), (b) any end user whom you know or have reason to know will utilize them in the design, development, or production of nuclear, chemical, or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems, or (c) any end user who has been prohibited from participating in the U.S. export transactions by any federal agency of the U.S. government. In addition, you are responsible for complying with any local laws in your jurisdiction which may impact its right to import, export, or use the Services, Software, or Materials. If Adobe has knowledge that a violation has occurred, Adobe may be prohibited from providing maintenance and support for the Services, Software, or Materials.

   23. Resolution of Disputes.

   23.1 Venue. You agree that any claim or dispute you may have against Adobe must be resolved by a court located in Santa Clara County, California, United States of America except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located in Santa Clara County, California, United States of America when the laws of California apply, and the courts of Dublin, Ireland, when the laws of Ireland applies, for the purpose of litigating such claims or disputes. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.

   23.2 All claims you bring against Adobe must be resolved in accordance with this section. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim contrary to this section, Adobe may recover attorneys’ fees and costs up to U.S. $1,000, provided that Adobe has notified you in writing of the improperly filed claim and you have failed to properly withdraw the claim.

   23.3 Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Services or Materials in violation of the Terms you agree that Adobe shall be entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

   24. Miscellaneous.

   24.1 English Version. The English version of this agreement will be the version used when interpreting or construing this agreement.

   24.2 Notice to Adobe. Any notice provided to Adobe pursuant to the Terms should be sent to 345 Park Avenue, San Jose, California 95110-2704, Attention: General Counsel.

   24.3 Notice to You. Adobe may provide you with notices, including those regarding changes to the Terms, by email, regular mail, text message, postings on or within the Services, or other reasonable means now known or hereafter developed.

   24.4 Entire Agreement. The Terms constitute the entire agreement between Adobe and you with respect to your access to or use of the Services and Materials and supersede any prior agreements between you and Adobe on such subject matter.

   24.5 Non-Assignment. You may not assign or otherwise transfer the Terms, or any right granted hereunder, without Adobe’s written consent. Adobe’s rights under the Terms are transferable by Adobe.

   24.6 Severability. If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.

   24.7 Waiver. Any failure by Adobe to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.

   24.8 Report Abuse. Please report any violations of the Terms via the report abuse mechanism offered in conjunction with the specific Service in which the alleged violation occurs.

   24.9 You are solely responsible for your familiarity and compliance with any laws that may prohibit you from participating in or using any part of the Services.

   Adobe_General_Terms_of_Use-en_US-20120322_1205

   I have read and agree to the Terms of Use and Privacy Policy (UPDATED).

   ==============

   CS Services Additional Terms of Use

   Effective Date: May 7, 2012.

   1. Acceptance of CS Additional Terms of Use
   Thank you for using the CS Services (the “Service”). Your use of the Service is subject to these Additional Terms, which supplement the Adobe.com Terms of Use (“General Terms”) located at http://www.adobe.com/go/terms and incorporated herein by reference. Capitalized terms not defined in these Additional Terms have the same meaning as stated in the General Terms. In the event of any inconsistency between these Additional Terms and the General Terms, these Additional Terms shall control with respect to the Service.
   2. Service Specific Terms.
   The terms in this Section 2 apply only to the specific Services as set forth below. In the event of a conflict between the terms of this Section 2 and any other terms and conditions of the General Terms or these Additional Terms, the terms of this Section 2 shall govern with respect to the particular Service, but only to the extent of such conflict.

   2.1. Acrobat.com Additional Terms of Use. Your use of the Acrobat.com service is subject to the Acrobat.com Additional Terms of Use located at http://www.adobe.com/go/terms and incorporated herein by reference. This includes your use of certain CS Services, such as Buzzword.

   2.2. Adobe CS Review. Your use of the CS Review Service is also subject to the Acrobat.com Additional Terms of Use located at http://www.adobe.com/go/terms.

   2.3. Adobe Resource Central and CS News & Resources. If the Service you are using is Adobe Resource Central or CS News and Resources, then the following terms apply:
   a. Description of the Services and Definitions. The Services allow you to access online resources and/or download content files via the Adobe Resource Central, and CS News and Resources panels in certain Adobe products. The “Online Resources” means Adobe Materials (as defined in the General Terms) such as product news, information, tutorials and other materials that are made available through the Services for your use or reference online. “Downloadable Content” means Adobe Materials (as defined in the General Terms) that are made available for download as part of the Services, and are designed for use with the Adobe product by which you access the content files. Examples of Downloadable Content include, without limitation:
   (i) sound effects and other audio files that are accessed through the Adobe Resource Central Panel in the Adobe Audition product;
   (ii) Sound Effects and Soundbooth Scores that are accessed through the Adobe Resource Central Panel in the Soundbooth product (defined in more detail in Section 2.3(b)(ii) below and referred to herein as “Soundbooth Audio Content”);
   (iii) templates and/or other content files for Adobe Premiere Pro and Encore accessed via the Adobe Resources Central panel in these products, and
   (iv) content files, if any, for Adobe Creative Suite products accessed via a link to a separate web site in the CS News and Resources panel.
   b. Use of Downloadable Content.
   (i) Downloadable Content. Except for Southbooth Audio Content, your use of Downloadable Content is governed by the license grant below:
   Unless stated otherwise in “read-me” files or other license(s) associated with the Downloadable Content that are displayed online or in the downloads and which may include specific rights and restrictions with respect to such Downloadable Content, you may use, display, modify, reproduce, and distribute the Downloadable Content. However, you may not distribute or give your customers or others direct access to the Downloadable Content files on a stand-alone basis (i.e., in circumstances in which the Downloadable Content constitutes the primary value of the product being distributed), and you may not claim any copyright, trademark, or any other intellectual property rights in the Downloadable Content.
   (ii) Soundbooth Audio Content. Your use of the Soundbooth Audio Content (such as Sound Effects and Soundbooth Scores) is governed by the License Agreement for Adobe Soundbooth Audio Content at http://www.adobe.com/products/eulas/pdfs/soundboothcontent-combined-20080805_1048.pdf. Such License Agreement shall control in the event of inconsistency between these Additional Terms and the License Agreement.

   2.4. SiteCatalyst NetAverages. If the service you are using is the SiteCatalyst NetAverages Service, then the following terms apply:
   a. License to use Materials provided through the SiteCatalyst NetAverages Service. Your access to, and use of, the SiteCatalyst NetAverages service (the “NetAverages Service”) may give you access to certain anonymous aggregate data licensed by Adobe from third parties, including but not limited to, web site visitor traffic statistics of such third parties (collectively, the “NetAverages Materials”). With respect to NetAverages Materials and subject to the conditions below, Adobe grants you a non-exclusive, non-transferable, revocable right to access and use the NetAverages Materials for so long as such NetAverages Materials are made available to Adobe by such third parties.
   b. Conditions on Your Use of the NetAverages Materials. Your use of the NetAverages Materials is subject to Section 5 of the General Terms, except that you may access the NetAverages Materials solely for your internal business purposes.
   c. Confidentiality. The NetAverages Materials you may access through the NetAverages Service shall be considered the confidential information of Adobe (“Confidential Information”). Confidential Information shall not include information that (i) is or becomes a part of the public domain through no act or omission of yours; (ii) was rightfully in your possession prior to the disclosure and had not been obtained by you either directly or indirectly from Adobe; (iii) is rightfully disclosed to you by a third party without restriction on disclosure; (iv) is independently developed by you without use of or reference to Adobe’s Confidential Information. You agree to use commercially reasonable care (but in no case less care than you use to protect your own Confidential Information) to prevent the disclosure of the Confidential Information to any third party. You may disclose Confidential Information to the extent that such disclosure is required by law or valid order of a court or other governmental authority; provided, that you first have given sufficient and prompt written notice to Adobe of the receipt of any subpoena or other request for such disclosure and have made a reasonable effort to obtain a protective order requiring that the Confidential Information so disclosed be used only for the purposes for which the order was issued.
   ====================

   Last updated on May 7, 2012.Changes are not marked in red. Please read entire document.

   Please also note that these revised terms will apply to all Content as of the Effective Date.

   ADOBE ONLINE SERVICES MADE AVAILABLE ON ACROBAT.COM

   ADDITIONAL TERMS OF USE

   Your use of the Service is subject to these Additional Terms, which supplement the Adobe.com Terms of Use (“General Terms”) located at http://www.adobe.com/go/terms and incorporated herein by reference.

   1. Definitions.

   Capitalized terms used in these Additional Terms shall be defined as set forth in the General Terms or in these Additional Terms:

   “Add-In” means the ConnectNow add-in, a client software application/module that is automatically delivered to you on an as-needed basis so that you may use certain features of Adobe ConnectNow (such as screen sharing or enhanced audio) and any modified versions and copies of, and upgrades, updates and additions thereto, provided to you by Adobe at any time.

   “Content” means all proprietary fonts owned by a party other than Adobe, Your Content, Materials of Participants, Shared Content, Your Shared Content, and any other information or materials uploaded by or on behalf of you or Participants in connection with the use of the Service.

   “Information” means personally identifiable information.

   “Participant” means a third party who interacts with the Services as a result of such party’s relationship with or connection to you.

   “Service(s)” means, individually and collectively, an Adobe hosted application(s) made available by or on Acrobat.com.

   2. Use of the Services.

   2.1 Your Agreement. Your assent to these Terms allows you to use one or more of the Services. These Terms are enforceable against you, and if applicable, to a particular Service, or to any legal entity on whose behalf the Service is used. Adobe may discontinue or add new Services, aspects, or features to certain Services (“Features”) from time to time at its sole discretion.

   2.2 Authority to Use Services. You represent and warrant that you have all necessary right, power and authority to enter into these Terms and to perform the acts required of you hereunder, including having a valid license to use the software applications that generate Content, and the right to maintain Content and your Information or the Information of Participants on the Services. Otherwise, you are not permitted to maintain Content or such Information on the Services.

   2.3 Individual Use. Notwithstanding anything set forth in these Terms to the contrary (except as set forth in Section 5.4.2 (Group Use)), Adobe makes the Services available to you only for your individual use (including personal use and business use that directly benefits you individually).

   2.4 Your Confidential Information. If you maintain confidential information, trade secrets, or other sensitive information (such as Information) on the Services, you are solely responsible for implementing safeguards for such information that are additional to the security measures the Services provide.

   3. Term and Termination.

   3.1 These Terms will continue to apply until terminated by either you or Adobe as set forth in the General Terms. In addition to the reasons Adobe may terminate these Terms with you as set forth in the General Terms, Adobe may terminate these Terms if your Services account is used by any third parties.

   3.2 In addition to the sections set forth in Section 19.5 of the General Terms, the following sections of these Additional Terms shall survive any expiration or termination of these Terms: 1, 3.2, 4, and 7.

   4. Information of Participants.

   4.1 Your Responsibilities Regarding Information of Participants. As between Adobe and you, you shall have sole responsibility for any and all Information of Participants used and submitted in connection with the Services, and Adobe shall have no responsibility in connection thereto. You shall comply with all data protection and privacy laws and rules applicable to Information of Participants. You shall obtain and maintain consent from Participants: (a) to your access, use, or disclosure of Information of Participants; and (b) to Adobe providing the tools for you to perform the actions described herein. You shall obtain any authorizations from Participants required to enable Adobe to provide the Services. You shall defend, indemnify, and hold harmless Adobe from any claim, suit or proceeding brought against Adobe by a Participant in connection with any acts or omissions with regards to such Information of Participants.

   4.2 Sensitive Information of Participants. In addition to your responsibilities set forth in Section 4.1 (Your Responsibilities Regarding Information of Participants), you specifically acknowledge and agree that:

   (a) you are solely responsible for compliance with the Children’s Online Privacy Protection Act of 1998 (“COPPA”), including but not limited to, obtaining parental consent for the collection and use of Information from people under the age of thirteen (13) in connection with use of the Service by you and Participants;

   (b) Adobe (i) is not acting on your behalf as a Business Associate or subcontractor as such terms are used, defined, or described in the Health Insurance Portability and Accountability Act of 1996, as amended and supplemented, (“HIPAA”) when providing and making available the Services to you; and (ii) solely complies with the privacy and security terms described in these Terms;

   (c) you are solely responsible for compliance with HIPAA in connection with Protected Health Information (as such term is defined in HIPAA, the Health Information Technology for Economic and Clinical Health (“HITECH”) provisions of the American Recovery and Reinvestment Act of 2009, and regulations promulgated thereunder, as each may be amended from time to time) obtained or used in connection with use of the Service by you and Participants; and

   (d) you are solely responsible for compliance with any data protection and privacy laws and rules applicable to other sensitive information, including but not limited to social security numbers, credit card numbers, drivers license numbers, and bank account information, obtained or used in connection with use of the Service by you and Participants.

   4.3 Emails to Participants. Emails related to the Services are generally sent to Participants by you and not by Adobe. As a result, even though certain Participants may have opted-out from receiving communications from Adobe, such Participants may receive certain Service-related emails sent by you. In addition, if applicable, Adobe may send emails to Participants in your name as your agent, at your request, and on your behalf. You are solely responsible for such emails and the contents thereof.

   5. Service Specific Terms.

   The terms in this Section apply only to the specific Services, offerings, or Adobe software, as applicable, set forth below. Notwithstanding anything to the contrary herein, in the event of a conflict between the terms of this Section and any other terms and conditions of these Terms, the terms of this Section shall govern, but only to the extent of such conflict.

   5.1 Adobe ConnectNow. You may create a unique URL to access the online portion of the Adobe ConnectNow Service (“ConnectNow”). Adobe may require you to change the name of such URL at Adobe’s sole discretion.

   5.2 Acrobat.com Web

   Reply ↓

5. NOTE: Apparently if Creative Cloud is cancelled, or Adobe goes belly up, all applications in creative cloud will be available for a free perpetual license. Likewise if any application is removed from the cloud, this per the FAQ:

   In the event that Adobe decides to discontinue any of the products in Creative Cloud, we will make the most recent version of the product available for download free of charge to active Creative Cloud members for a period no less than 90 days. Such downloads will not require a subscription and will be licensed on an as-is, no warranty basis, and no support or updates of any kind will be provided.

   Reply ↓

6. Users have reported “cloud failures” and bricked apps. I’m copying here in the event that the original post is removed:

   17. John_R_SF, Nov 25, 2012 4:04 PM
   Creative Cloud’s licensing system *cannot* be trusted. Believe me, your apps could go dead at any time. I was using mine just fine yesterday, and this morning it said my subscription had “expired” even though I was just billed two days ago (and the charge went through, I checked with the bank). Tech support said to uninstall and reinstall. That did nothing but reset everything to a trial version, which won’t work because I already used the trial version on my machine in the past. I was told the issue would be escalated and that I’d hear from someone in 2-3 days. Basically, I have lost a full week of productive work, and spent more than 8 hours (including hold times) trying to get the product I paid for to actually continue working on my machine.

   As tempting as Creative Cloud sounds, if you are doing mission critical applications, steer clear of it. Fortunately, I had an old DVD of CS4 I was able to get up and running so I can at least do *some* work. I’m actually thinking of just sticking with this and cancelling Creative Cloud because I don’t think I’ll ever be able to trust it again, if Adobe can even get it working for me (which I strongly have my doubts–their support doesn’t seem to be the best and brightest).

   This paranoid fear of software piracy is making it so that legitimate users are being penalized, while the pirates are sitting there laughing at us. If I were unscrupulous, I’d use a cracked version and be working just fine right now. Instead, I’m trying to do the right thing, and being punished by Adobe’s horrible licensing implementation.

   Reply ↓

7. Pingback: What Photoshop? | Star Circle Academy

8. Pingback: The Cloud is a Clod | Star Circle Academy

9. Pingback: Curiosity… » I’m kinda frustrated by the change at Adobe. But who isn’t? Steven Christenson makes some valid points…