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Introduction
C451 x-13
8. GOVERNMENT REGULATIONS If any part of the Software is identified as
an export controlled item under the United States Export Administration
Act or any other export law, restriction or regulation (the “Export Laws”),
you represent and warrant that you are not a citizen, or otherwise located
within, an embargoed nation (including without limitation Iran, Iraq, Syria,
Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not oth-
erwise prohibited under the Export Laws from receiving the Software. All
rights to use the Software are granted on condition that such rights are
forfeited if you fail to comply with the terms of this Agreement.
9. GOVERNING LAW This Agreement will be governed by and construed in
accordance with the substantive laws in force in the State of California as
such laws are applied to agreements entered into and to be performed
entirely within California between California residents. This Agreement
will not be governed by the conflict of law rules of any jurisdiction or the
United Nations Convention on Contracts for the International Sale of
Goods, the application of which is expressly excluded. All disputes aris-
ing out of, under or related to this Agreement will be brought exclusively
in the state Santa Clara County, California, USA.
10. GENERAL You may not assign your rights or obligations granted under
this Agreement without the prior written consent of Adobe. None of the
provisions of this Agreement shall be deemed to have been waived by
any act or acquiescence on the part of Adobe, its agents, or employees,
but only by an instrument in writing signed by an authorized signatory of
Adobe. When conflicting language exists between this Agreement and
any other agreement included in the Software, the terms of such included
agreement shall apply. If either you or Adobe employs attorneys to en-
force any rights arising out of or relating to this Agreement, the prevailing
party shall be entitled to recover reasonable attorneys’ fees. You ac-
knowledge that you have read this Agreement, understand it, and that it
is the complete and exclusive statement of your agreement with Adobe
which supersedes any prior agreement, oral or written, between Adobe
and you with respect to the licensing to you of the Software. No variation
of the terms of this Agreement will be enforceable against Adobe unless
Adobe gives its express consent, in writing, signed by an authorized sig-
natory of Adobe.