Adobe Acrobat: Distributing the Free Reader Trademark License Agreement

Adobe Trademark License Agreement
("PDF" and "Get Acrobat" Icons)

Adobe Trademark License Agreement
(PDF: 21 KB / 3 pages)

This Adobe Trademark License Agreement contains a license from Adobe Systems Incorporated ("Adobe") for use of specified Adobe trademarks and will become effective upon acceptance by you on behalf of Licensee. If you do not wish to accept the terms of this Agreement on behalf of Licensee, press the Decline button below and Licensee will not be permitted to use the Trademarks.

1. Company information.
Please provide the following information:

Date

Company Name

Address

City, State, ZIP Code
Example: Silicon Valley, CA 94039

State of Incorporation

Name of Principal Contact in Company

Title of Principal Contact in Company

E-mail Address

Telephone Number

Fax Number

URL(s) for Site(s) on Which Icon(s) Will Appear

Proposed use or Brief description of proposed use of Trademark(s)

The Company or organization set forth above is referred to as "Licensee" in this Agreement.

2. License.

(a) License Grant. Upon the acceptance of this Agreement Adobe hereby grants to Licensee, and Licensee accepts, a worldwide, nonexclusive, nontransferable, personal right to use, under the terms of this Agreement, any of the following trademarks: PDF icon; "Get Adobe Acrobat" icon; and/or Adobe Acrobat product signatures (collectively, the "Trademarks").

(b) License Restrictions. Nothing in this Agreement shall give Licensee any right, title or interest in the Trademarks, other than the license rights granted herein. Licensee shall not assign, transfer or sublicense this Agreement (or any right granted herein) without the prior written consent of Adobe. Licensee agrees not to use the Trademarks in any way that would disparage or injure Adobe's reputation for high quality.

3. Identification and Use.

(a) Use. The Trademarks may be used only to identify Adobe as the source of Adobe products or to link to Adobe's official Web site (currently http://www.adobe.com/), as more fully set forth below:

(ii) Licensee may use the "Get Adobe Acrobat" icon solely as an indicator of a link to Adobe Acrobat products.

(iii) Licensee may use Adobe Acrobat product signatures ("Supports Adobe Acrobat" and/or "Includes Adobe Acrobat") solely in conjunction with a product that supports or includes Acrobat Reader or other Acrobat product as described in the "Guidelines for Using Adobe Acrobat Product Signatures (PDFS: 322 KB / 1 page)," available on Adobe's official Web site.

(b) Identification of Trademarks. Licensee may use the Trademarks on Web sites, CD ROMs and other such media, or in print media, so long as such use complies with this Agreement and the "Adobe Guidelines for Third Parties Who Use Adobe Trademarks (PDFS: 217 KB / 16 pages)," available from the Adobe Web site. In addition, Licensee shall:

(ii) Include the appropriate trademark attribution in reasonably close proximity to its first use of the Trademarks in any document or on a screen display, or in a location to which users are directed for statements concerning the ownership of intellectual property rights of Licensee;

(iii) Not alter the Trademarks in any way, including but not limited to, skewing, changing the color, rotating, separating logo elements or changing a typeface; and

(iv) Reproduce the Trademarks only from electronic files provided by Adobe.

(c) Protecting Trademarks. Licensee acknowledges Adobe's ownership of the Trademarks. Licensee shall employ best efforts to use the Trademarks in a manner that does not derogate from Adobe's rights in the Trademarks and will take no action that will interfere with or diminish Adobe's rights in the Trademarks. All uses of the Trademarks by Licensee will inure to the benefit of Adobe. Licensee will not use the Trademarks in any way as an endorsement or sponsorship by Adobe of a Licensee product, or Licensee's Web site, services, information or other content.

4. Quality Standard; Inspection and Approval.

(a) Standard. Licensee agrees to maintain the quality of Licensee's use of the Trademarks that meets or exceeds industry standards.

(b) Inspection. Upon reasonable request from Adobe, Licensee shall notify Adobe of the locations of Licensee's use of the Trademarks or furnish Adobe with suitable specimens of Licensee's use of the Trademarks. Adobe may review Licensee's use of the Trademarks periodically to evaluate Licensee's compliance with the quality standards described in this Agreement. Licensee shall remedy any material deficiencies in its use of the Trademarks, upon reasonable notice from Adobe.

(c) Licensee's Liability. Licensee shall indemnify, defend, and hold harmless Adobe from and against any claims relating to Licensee's use of the Trademarks that does not comply with this Agreement.

5. Warranty, Indemnification, and Limitation of Liability.

(a) Noninfringement. Adobe represents and warrants that use of the Trademarks in the United States in compliance with this Agreement does not infringe any third party's United States trademark.

(b) Indemnification. Subject to 5(c) below, Adobe agrees to indemnify, defend, and hold Licensee harmless from and against damages, costs, and expenses (including reasonable attorneys' fees) incurred in connection with a claim which, if true, would constitute a breach of the foregoing warranty, provided Adobe is notified promptly in writing of any applicable infringement claim and has sole control over its defense or settlement, and Licensee provides reasonable assistance in the defense of the same. If Adobe, at its discretion, provides Licensee with a substitute Trademark hereunder, Licensee shall bear all liability for continued use of the previous Trademark. Adobe shall have no liability under this Section 5 if the Trademarks used by Licensee are not reproduced from electronic files provided by Adobe.

(c) Limitation of Liability. ADOBE MAKES NO OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE TRADEMARKS. IN NO EVENT SHALL ADOBE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES (INCLUDING LOSS OF BUSINESS PROFITS) ARISING FROM OR RELATED TO LICENSEE'S USE OF THE TRADEMARKS, EVEN IF ADOBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. Term and Termination.

The date of acceptance of this Agreement by Licensee shall be the Effective Date of this Agreement. The term of this Agreement shall be for a period of three (3) years from the Effective Date and will automatically renew for successive one year terms unless either party gives the other party written notice that it will not renew the agreement at least thirty (30) days in advance of the renewal date. Adobe shall have the right to terminate this Agreement with cause upon fifteen (15) days prior written notice if it determines, in its sole discretion, that Licensee is not using the Trademarks in compliance with this Agreement. Adobe may terminate this Agreement for any reason upon sixty (60) days prior written notice. From and after termination or expiration of this Agreement, Licensee shall cease and desist from all use of the Trademarks.

7. Notices.

All notices under this Agreement shall be in writing and shall be deemed given if delivered personally, mailed by registered or certified mail, return receipt requested, or sent by facsimile with a receipt confirmed by telephone, to Licensee at the address set forth herein, to Adobe Systems Incorporated at 345 Park Avenue, San Jose, CA 95110-2704, Attn.: General Counsel, or to such other addresses as a party may notify the other party.

8. Miscellaneous.

This Agreement contains the entire agreement of the parties with respect to the subject matter hereof and shall not be amended except by a written agreement subsequent to the Effective Date and signed by authorized representatives of each party.

This Agreement shall be governed by and construed in accordance with the laws of the State of California. Licensee hereby consents to jurisdiction and venue in the state and federal courts sitting in the State of California. If either party employs attorneys to enforce any rights arising out of or related to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs, and other expenses.

No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement shall not be construed as creating a partnership, joint venture or agency relationship or as granting a franchise.

072497 Adobe Trademark License Agreement (Online Icons) 1 rmd/bba/wip form

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| Asian Font Packs | How to Distribute Reader |