DEVELOPER ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER OR DEVICE IN CONNECTION WITH YOUR USE OF THE MARKETPLACE, THE PRODUCTS OR YOUR TRANSACTIONS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY. THE USE OF THE MARKETPLACE, INCLUDING BUT NOT LIMITED TO YOUR TRANSACTIONS, AND THE DOWNLOADING AND/OR USE OF ALL PRODUCTS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD. YOU BEAR THE ENTIRE RISK AS TO THE USE OF THE PRODUCT, YOUR TRANSACTIONS ON THE MARKETPLACE, THE PRODUCTS AND ANY USE OF A THIRD PARTY PAYMENT MECHANISM. IN NO EVENT WILL DEVELOPER, ADOBE, OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES, EVEN IF DEVELOPER OR ANY COMPANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
By engaging in a transaction which utilizes a third party payment mechanism, You agree and acknowledge that Developer and Adobe shall not be liable for any damages or claims which are incurred as result of such transaction.Ģ.3 ”Marketplace” means those methods of distribution available via the Service.ĭeveloper provides the Product ”AS IS.” DEVELOPER, ADOBE, AND ITS SUPPLIERS MAKE NO EXPRESS, IMPLIED, OR STATUTORY WARRANTY OF ANY KIND WITH RESPECT TO THE PRODUCT, YOUR TRANSACTIONS, OR THOSE PRODUCTS OBTAINED THROUGH THE MARKETPLACE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF PERFORMANCE, MERCHANTABILITY, SATISFACTORY QUALITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. Unless otherwise defined, capitalized terms used throughout these General Terms have the meanings stated below:Ģ.1 ”Product” means Developer extensions, application software, code, material, text, data and other works of authorship offered through the Marketplace (”Products”).Ģ.2 ”Payments” mean that any Product shall be handled in accordance with the applicable third party's policies. By utilizing the Marketplace, you agree and acknowledge that Developer and Adobe are not liable for any Products which do not perform as advertised or stated, including but not limited to any liability related to compatibility with hardware or software.ġ.4 Developer reserves the right to modify the Agreement accompanying the Product from time to time at its sole discretion.Ģ. Developer is solely responsible for performing, all installation, training, support, and other services requested or required for those Products you acquire through the Marketplace. It shall be binding on you and on Your heirs, executors and assigns.ġ.3 Developer and its respective suppliers and licensors shall retain all right, title and interest in and to the Product and all portions thereof, including, without limitation, all Intellectual Property Rights thereto. 1.1 This agreement is with Thomas Zagler (called ”Developer”), and you agree, that your relationship with Developer will be governed by the laws of Italy, as set forth in section 9.ġ.2 By downloading a Product (defined below), you agree to the terms and conditions contained herein and You state that You have all legal rights and powers needed to give the statements, assurances and commitments in this document and to agree to it as a validly executed, legal instrument.
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