Adobe Labs
 
 

cap bottom

Cirrus Terms of Use

ADOBE SYSTEMS INCORPORATED

CIRRUS (CODENAME) SERVICE

Terms of Use

These Cirrus Service ("Cirrus" and formerly codename Stratus) Terms Of Use (as amended from time to time) (the "Agreement") is between Adobe Systems Incorporated and its affiliates (collectively, "Adobe"), and "you," the individual accessing or using the Adobe services and any affiliated hosted applications through a properly licensed Developer Program(collectively, the "Service").

You agree that this Agreement is like any written negotiated agreement signed by you. By accessing or using the Service, you agree to be bound by the terms of this Agreement. Adobe may change, add, or remove any part of this Agreement, or any part of the Service, at any time. IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING THE SERVICE. YOUR CONTINUED USE OF THE SERVICE, NOW OR FOLLOWING THE POSTING OF NOTICE OF ANY SUCH CHANGES, WILL INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT, AND OF ANY SUCH CHANGES.

THIS IS PRE-RELASE SOFTWARE AND SERVICE PROVIDED "AS IS", WITHOUT WARRANTY, AND YOUR USE IS SOLELY AT YOUR OWN RISK. SEE FULL DETAILS IN SECTION 10 BELOW.

1. Definitions.

"Content" means all audio, video, multimedia, data, text, images, computer programs, and any other information or materials uploaded or transmitted by or on behalf of you in connection with your use of the Service.

"Developer Program" means an application program created to use the Cirrus Service and that utilizes an Adobe issued Developer Key.

"Developer Key" means any license key, activation code, or similar installation, access or usage control codes, including serial numbers and electronic certificates digitally signed by Adobe, designed to uniquely identify your Developer Program and link it to you the Developer.

2. License to Use Service.

Subject to your compliance with the terms and conditions of this Agreement, Adobe grants to you a non-exclusive, non-transferable, revocable right to access and use the Service. Notwithstanding the foregoing, you may not use or access the Service unless through a Developer Program. Adobe reserves the right to suspend or discontinue all or part of the Service at any time without prior notice.

3. Ownership of the Services and Marks.

You acknowledge that Adobe and its licensors own all right, title, and interest in: (a) the Service; (b) all graphics, logos, service marks, and trade names, including third-party names, product names, and brand names related to the Service (the "Marks").

4. Content.

4.1 Your Content. You may upload Content to the Service in connection with your use of the Service. Adobe does not verify, endorse, or claim ownership of any Content, and you retain all right, title, and interest in and to the Content. Such Content may be stored on Adobe’s servers if necessitated by the Developer Program and in accordance with Adobe’s then-current storage policies.

4.2 Your Representations and Warranties Regarding Content. You represent and warrant that (a) you are the owner, licensor, or authorized user of all Content; and (b) you will not upload, record, publish, post, link to, or otherwise transmit or distribute Content that: (i) advocates, promotes, incites, instructs, informs, assists or otherwise encourages violence or any illegal activities; (ii) infringes or violates the copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property rights of any third party or Adobe, or any rights of publicity or privacy of any party; (iii) attempts to mislead others about your identity or the origin of a message or other communication, or impersonates or otherwise misrepresents your affiliation with any other person or entity, or is otherwise materially false, misleading, or inaccurate; (iv) promotes, solicits or comprises inappropriate, harassing, abusive, profane, hateful, defamatory, libelous, threatening, obscene, indecent, vulgar, pornographic or otherwise objectionable or unlawful content or activity; (v) is harmful to minors; (vi) contains any viruses, Trojan horses, worms, time bombs, or any other similar software, data, or programs that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, personal information, or property of another; or (vii) violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing export control, unfair competition, anti-discrimination, or false advertising).

4.3 Adobe Access to Content. You acknowledge that the Services are automated (e.g., Content is uploaded and transmitted using software tools) and that Adobe personnel will not access, view, or listen to any Content, except as necessary to perform the Services, including but not limited to the following: (a) during a Service interruption, as necessary to restore the applicable Content; (b) to troubleshoot any issue with the Service; or (c) as deemed necessary or advisable by Adobe in good faith to conform to legal requirements or comply with legal process.

5. Notification of Copyright Infringement.

Adobe will, in appropriate circumstances, terminate your license to use the Service if you infringe the intellectual property rights of others. Adobe will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring in connection with the Service, please provide, pursuant to the DMCA, written notification of claimed copyright infringement to the Designated Agent for the Service (identified below), which must contain the following elements:

  • 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;
  • A description of the copyrighted work or works 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;
  • A description of where the content that you claim is infringing is located on the Service;
  • Information sufficient to permit Adobe to contact you, such as your physical address, telephone number, and e-mail address;
  • 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;
  • A statement by you that the information in your notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Adobe’s Designated Agent for Notice of claims of copyright infringement can be reached as follows:

By mail:
Designated Agent – Copyright Infringement Claims
Adobe Systems Incorporated
801 North 34th Street, Seattle, WA 98103-8882

By telephone: (408) 536-4030

By fax: (408) 537-4060

By e-mail: copyright@adobe.com

The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring in connection with the Service. Any other inquiries directed to the Designated Agent will not receive a response.

6. Links.

Adobe may provide links to other websites or resources as part of the Service as a convenience to you. Adobe is not responsible for the contents, products or services on any third party site, and the inclusion of any link does not imply that Adobe endorses the content on such third party sites. You may visit such third party sites solely at your own risk.

7. Conduct.

7.1 Use Restrictions. In connection with your access or use of the Service, you agree not to:

(a) introduce a virus, worm, Trojan horse or other harmful software code or similar files that may damage the operation of a third party’s computer or property or information;

(b) consume a disproportionate amount of CPU time, bandwidth, memory storage space, or any other system or network resources;

(c) use the Service in any manner that could damage, disable, overburden, or impair any Adobe server, or the network(s) connected to any Adobe server or interfere with any other party’s use and enjoyment of the Service;

(d) attempt to gain unauthorized access to service, materials, other accounts, computer systems or networks connected to any Adobe server or to the Service, through hacking, password mining, or any other means;

(e) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service;

(f) use the Service or the Developer Program on a timeshare or service bureau basis;

(g) host, on a subscription basis or otherwise, the Service or the Developer Program, including any related application,(i) to permit a third party to use the Service to create any content, or (ii) to conduct conferences or online meeting services for a third party;

(h) engage in any systematic extraction of data or data fields, including without limitation email addresses;

(i) disclose, harvest, or otherwise collect personally identifying information, including email addresses, or other private information about any third party without that party’s express consent;

(j) transmit junk mail, spam, surveys, contests, pyramid schemes, chain letters, or other unsolicited email or duplicative messages;

(k) sell, lease, or rent access to or use of the Service, or otherwise transfer any rights to use the Services under this Agreement; (i) defraud, defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

(l) falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations, or labels of the origin or source of software or other material contained in a file that is uploaded;

(m) upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, for example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same; or

(n) use the Service if you are under 13 years of age.

7.2 Exposure. You acknowledge and agree that by accessing or using the Services, you may be exposed to materials from others that are offensive, indecent or otherwise objectionable. You may report any violations of these terms to Adobe customer service.

8. Investigations.

Adobe does not generally monitor user activity occurring in connection with the Service. If Adobe becomes aware, however, of any possible violations by you of Sections 5.3 (Your Representations and Warranties Regarding Content), 8.1 (Use Restriction), or any other provision of this Agreement, Adobe reserves the right to investigate such violations, and Adobe may, at its sole discretion, terminate your use of the Service or change, alter or remove Content, 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. Adobe is entitled, except to the extent prohibited by applicable law, to disclose any information about you in Adobe’s possession in connection with your use of the Service to law enforcement or other government officials, as Adobe in its sole discretion believes to be necessary or appropriate.

You agree to indemnify and hold Adobe harmless from and against any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to or arising from Content or your use of the Service.

9. Privacy.

The terms of the Adobe Online Privacy Policy, which is located at http://adobe.com/go/privacy, or any successor Web site thereto (the "Privacy Policy"), and the terms of this Section 9 govern Adobe’s collection and use of your personal information in connection with the Services. Any collection of Information by you , however, shall not be governed by this Section 9 or the Privacy Policy. You are solely responsible for compliance with any applicable laws or regulations related to your collection of Information via the Service or your Developer Program .  If there is any conflict between the terms of the Privacy Policy or the terms of this Agreement, the terms of this Agreement shall control. Adobe may make changes to the Privacy Policy from time to time, and such changes will be communicated to you in the text of the Privacy Policy. Please visit the Privacy Policy regularly for updates.

9.1 Collection and Storage of Personal Information. Except as otherwise set forth below in Sections 9.1.1.2 and 9.1.1.3, the Developer Program has sole control over whether the Service will collect personal information during use of the Service and the types of personal information to be collected. 9.1.1 Types of Personal Information Collected.

9.1.1.1 As a function of the Developer Program, the Service may collect certain personal information  including but not limited to any information you provide to the Service, either on your own accord or as requested by Developer Program, such as your name, address, phone number, email address, or any other personally identifying information. The Service may record such personal information. Except as otherwise stated in Section 8 (Investigations), Adobe does not share your personal information with any other third parties. By using the Service, you agree and acknowledge that personal information collected about you through the Service or in connection with the Service may be transferred across national boundaries and stored and processed in any of the countries around the world in which Adobe maintains offices, including the United States.

9.1.1.2 To gain access to the Service, you may create a user name and password ("Log-In Information") or submit your name to the Service and the Developer Program. You are responsible for all activity occurring under your Log-In Information, and you should not share your Log-In Information with third parties. Adobe has no obligation or responsibility with regard to your use, distribution, or management of Log-In Information.

9.1.1.3 Adobe may collect certain information regarding your use of the Service, such as the name of the Internet service provider and the Internet Protocol address through which you access the Internet; the time you access the Service; the pages that are accessed at the Web site and the Internet address of the Web site from which you linked directly to our site. Adobe uses this information to support the Service and, if you create an Adobe ID, to send to you communications regarding Adobe, its products and services in accordance with any communications preferences indicated by you.

9.1.1.4 Notice Regarding Recording and Privacy. The Service may allow the DEVELOPER PROGRAM to record YOUR ACTIVITY WITHIN THE DEVELOPER PROGRAM and to collect and utilize identifying information about you, such as your name. The laws of some states or countries require (a) you to grant your consent prior to any recording of your communications; and (b) restrictions on the collection, storage, and use of your personally identifying information.

9.2 Use of Your Personal Information. Adobe has no control over whether and how the Developer Program uses your personal information. Adobe uses your personal information solely in connection with providing the Service. Adobe does not have the technical means to allow you to access or change your personal information submitted to the Service, but Adobe will delete your Personal Information in accordance with Adobe’s then-current data storage policies.

9.3 Communications from Adobe. Adobe may send to you service-related emails regarding the functionality or delivery of the Service.

10. DISCLAIMER OF WARRANTIES.

10.1 Recipient acknowledges that the Service is a pre‑release version, doES not represent a final Service from Adobe, and may contain bugs, errors and other problems that could cause system failures. Consequently, the Service is provided to Recipient "AS IS," and "as available", "with all faults" and Adobe disclaims any warranty or liability obligations to Recipient of any kind. Recipient acknowledges that Adobe has not publicly announced the Commercial availability of the Service, that Adobe has not promised or guaranteed to Recipient that such Service will be announced or made available to anyone in the future, that Adobe has no express or implied obligation to Recipient to announce or introduce the Service and that Adobe may not introduce a Service similar or compatible with the Service. Accordingly, Recipient acknowledges that any research or development that it performs regarding the Service or any Service associated with the Service is done entirely at Recipient’s own risk. Recipient acknowledges that ADOBE MAKES NO EXPRESS, IMPLIED, OR STATUTORY WARRANTY OF ANY KIND WITH RESPECT TO THE ServicE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY WITH REGARD TO PERFORMANCE, MERCHANTABILITY, SATISFACTORY QUALITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, ADOBE DOES NOT WARRANT OR REPRESENT THAT THE SERVICE WILL BE CONTINUOUS, SECURE, RELIABLE, ACCESSIBLE, UNINTERRUPTED OR ERROR-FREE, OR THAT ADOBE’S SERVERS AND SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ADOBE’S SECURITY PROCEDURES AND MECHANISMS WILL PREVENT THE LOSS OR ALTERATION OF OR IMPROPER ACCESS TO PERSONAL INFORMATION BY THIRD PARTIES. IN NO EVENT WILL ADOBE BE LIABLE TO RECIPIENT OR ANY OTHER PARTY FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF ADOBE OR ANY COMPANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RECIPIENT BEARS THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE ServicE.  The foregoing limitations, exclusions and limitations shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

 10.2 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.

11. Limitation of Liability.

11.1 NEITHER ADOBE 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 THE SERVICE 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 SERVICE OR ANY APPLICATION AND BASED ON ANY THEORY OF LIABILITY INCLUDING STATUTE, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADOBE 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.

11.2 ADOBE’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO ONE UNITED STATES DOLLAR ($1). YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR AN APPLICATION MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. ADOBE’S SUPPLIERS SHALL HAVE NO LIABILITY TO YOU FOR ANY REASON.

11.3 THE LIMITATIONS ON LIABILITY IN THIS SECTION ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS AGREEMENT. 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. Nothing contained in this Agreement limits Adobe’s liability to you in the event of death or personal injury resulting from Adobe’s gross negligence.

12. Survival.

Sections 1 and 4–15 will survive any termination or suspension of this Agreement.

13. Governing Law.

The Service is controlled by Adobe from its offices within the state of California, United States of America. By accessing and using the Service, you and Adobe agree that all matters relating to this Agreement and your access to, or use of, the Service shall be governed by the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof. You and Adobe also agree and hereby submit to the personal jurisdiction and venue of the Superior Court of Santa Clara County and the United States District Court for the Northern District of California with respect to such matters. The application of UCITA and the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

14. Language.

It is the express wish of the parties that the Agreement and all related documents have been drawn up in English and that the English version of this Agreement shall be the sole version used in interpreting and enforcing this Agreement. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.

15. Miscellaneous.

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 Service. If any provision of this Agreement is held to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, and all other provisions will remain in full force and effect. Adobe’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Adobe in writing. Your rights hereunder may not be assigned or transferred to any third party. This Agreement, including the Privacy Policy, constitutes the entire agreement between you and Adobe and supersedes all prior agreements, representations, and understandings between the parties regarding the subject matter contained herein.