ADOBE LICENSE AGREEMENT FOR ADOBE CREATIVE SUITE 5 SOFTWARE DEVELOPMENT KIT
NOTICE TO USER: THIS IS A LICENSE AGREEMENT BETWEEN YOU AND ADOBE. BY INDICATING YOUR ACCEPTANCE AS SET FORTH BELOW, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. THIS LICENSE AGREEMENT ACCOMPANIES THE ADOBE CREATIVE SUITE 5 SOFTWARE DEVELOPMENT KIT(S) FOR THE SOFTWARE AND RELATED EXPLANATORY MATERIALS (THE “SDK”) AND INCLUDES ANY UPGRADES, MODIFIED VERSIONS, UPDATES, ADDITIONS, AND COPIES OF THE SDK LICENSED TO YOU BY ADOBE. THIS COPY OF THE SDK IS LICENSED TO YOU AS THE END USER OR TO YOUR EMPLOYER OR ANOTHER THIRD PARTY AUTHORIZED TO PERMIT YOUR USE OF THE SDK. YOU AGREE THAT THIS LICENSE AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU AND THAT YOUR USE OF THE SDK CONSTITUTES ACCEPTANCE OF THE AGREEMENT TERMS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS SDK SOFTWARE.
a. In this License Agreement, SDK means Sample Code, Tools, API Information, documentation, including Documentation in on-line format, and related items.
b. This License Agreement does not govern use of Adobe Products. See the end user license agreements accompanying the Adobe Products for governing terms.
c. Adobe Products means to Adobe’s application programs, technologies and software such as Adobe developed plug-ins which are or may be made available for licensing to the general public, including any modified versions or upgrades thereof. Only those items placed on your computer by executing the SDK installer and/or otherwise manually downloaded by You are part of this SDK.
d. Sample Code means software code that Adobe has included for You to incorporate into Your application programs.
e. Tools refer to programs and Utilities that may be included for You to test or compile Your application programs.
f. Documentation means any related explanatory materials accompanying the SDK.
g. Adobe means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose, California 95110, if Section 10 of this Agreement applies; otherwise it means Adobe Systems Software Ireland Limited, 4-6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland, a company organized under the laws of Ireland and an affiliate and licensee of Adobe Systems Incorporated.
h. Developer, You and Your refer to any person or entity acquiring or using the SDK under the terms of this License Agreement.
2. ROYALTY-FREE LICENSE.
Subject to the restrictions contained in this Section 2, Adobe grants to You a nonexclusive, nontransferable, royalty-free license to use the items in the SDK only for the purpose of internal development of application programs designed to function with Adobe products.
(a) Under this License Agreement, You may use, modify or merge all or portions of the Sample Code with Your application programs and distribute it only as part of Your products in object code form. Any modified or merged portion of the Sample Code is subject to this License Agreement. You are required to include Adobe’s copyright notices on Your application programs except for those programs in which You include a copyright notice reflecting the copyright ownership of Developer in such programs. You may not use Adobe’s name, logo or trademarks to market Your products. You may not assign Your rights or obligations granted under this License Agreement without the prior written consent of Adobe. Any attempted assignment or transfer without such prior written consent from Adobe shall be void and of no effect.
(b) Subject to the permissions in 2(a) above, You may use the SDK solely for the purpose of internal development. You may not include any portion of the SDK in Your Developer products. You may not sell, sublicense, rent, loan or lease any portion of the SDK to any third party. You may not reverse engineer, decompile or disassemble any portion of the SDK. To the extent that local law grants You the right to decompile software in order to obtain information necessary to render the software interoperable with other software, You shall first request to Adobe in writing to provide You with the necessary information. Adobe has the right to impose reasonable conditions such as a reasonable fee for doing so. Requests for information should be directed to the Adobe at the address provided in the SDK or such other address made available on adobe.com from time to time.
You may make a limited number of copies of the SDK to be used by Your employees or consultants as provided herein, and not for general business purposes, and such employees or consultants shall be subject to the obligations and restrictions in this License Agreement.
3. PROPRIETARY RIGHTS.
The items contained in the SDK are the intellectual property of Adobe and its suppliers and are protected by United States copyright and patent law, international treaty provisions and applicable laws of the country in which it is being used. You agree to protect all copyright and other ownership interests of Adobe and/or its suppliers in all items in the SDK supplied under this License Agreement. You agree that all copies of the items in the SDK, reproduced for any reason by You, contain the same copyright notices, and other proprietary notices as appropriate, as appear on or in the master items delivered by Adobe in the SDK. Adobe and/or its suppliers retain title and ownership of the items in the SDK, the media on which it is recorded, and all subsequent copies, regardless of the form or media in or on which the original and other copies may exist. Except as stated above, this License Agreement does not grant You any rights to patents, copyrights, trade secrets, trademarks or any other rights in respect to the items in the SDK.
This License Agreement is effective until terminated. Adobe has the right to terminate this License Agreement immediately, without judicial intervention, if You fail to comply with any term herein. Upon any such termination You must remove all full and partial copies of the items in the SDK from your computer and discontinue the use of the items in the SDK.
5. DISCLAIMER OF WARRANTY.
Adobe licenses the SDK to Developer only on an “AS-IS” basis. Adobe makes no representation with respect to the adequacy of any items in the SDK, whether or not used by You in the development of any products, for any particular purpose or with respect to their adequacy to produce any particular result. Adobe and its suppliers shall not be liable for loss or damage arising out of this License Agreement or from the distribution or use of Developers products containing portions of the SDK. ADOBE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF ANY THIRD PARTY RIGHT IN RESPECT OF THE ITEMS IN THE SDK OR ANY SERVICES RELATED TO THE SDK.
Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to You. You may have rights which vary from state to state or jurisdiction to jurisdiction. The foregoing does not affect or prejudice Your statutory rights. To the extent permissible any implied warranties are limited to ninety (90) days. For further warranty information You may contact Adobe’s Customer Support Department.
Adobe is under no obligation to provide any support under this License Agreement, including upgrades or future versions of the SDK or any portions thereof, to Developer, end user or to any other party. Adobe is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or restricting obligations, warranties and liability as provided in this Section 5, but in no other respects and for no other purpose.
6. LIMITATION OF LIABILITY.
Notwithstanding any other provisions of this License Agreement, Adobe’s liability to You under this License Agreement shall be limited to the amount paid by You for the SDK.
IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES INCLUDING DAMAGES FOR ANY LOST PROFITS, LOST SAVINGS, LOSS OF DATA, COSTS, FEES OR EXPENSES OF ANY KIND OR NATURE ARISING OUT OF ANY PROVISION OF THIS LICENSE AGREEMENT OR THE USE OR INABILITY TO USE THE ITEMS IN THE SDK, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY PARTY. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitation or exclusion may not apply to You. Nothing contained in this Agreement shall prejudice the statutory rights of any party dealing as a consumer.
Developer agrees to indemnify, hold harmless, and defend Adobe from and against any claims or lawsuits, including attorneys’ fees, that arise or result from the use and distribution of Developer’s products that contains or is based upon any portion of the SDK, provided that Adobe gives Developer prompt written notice of any such claim, tenders to Developer the defense or settlement of such a claim at Developer’s expense and cooperates with Developer, at Developer expense, in defending or settling such claim.
8. CHOICE OF LAW.
This Agreement will be governed by and construed in accordance with the substantive laws in force: (a) in the State of California, if a license to the Software is obtained when you are in the United States, Canada, or Mexico; or (b) in Japan, if a license to the Software is obtained when you are in Japan, China, Korea, R.O.C, or other Southeast Asian country where all official languages are written in either an ideographic script (e.g., hanzi, kanji, or hanja), and/or other script based upon or similar in structure to an ideographic script, such as hangul or kana; or (c) the Republic of Ireland, if a license to the Software is obtained when you are in any other jurisdiction not described above. The respective courts of Santa Clara County, California when California law applies, Tokyo District Court in Japan, when Japanese law applies, and the courts of the Republic of Ireland, when the law of the Republic of Ireland applies, shall each have non-exclusive jurisdiction over all disputes relating to this Agreement. 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.
9. U.S. GOVERNMENT REGULATIONS.
You agree that any Developer product that includes Sample Code or Programming Language (i) will include in its license agreement a reference to applicable U.S. Government regulations that control licensing of software, and (ii) will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act. In addition, if any part of the Package is identified as export controlled items under 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 otherwise 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.
10. NON-BLOCKING OF ADOBE DEVELOPMENT.
You acknowledge that Adobe is currently developing or may develop technologies and products in the future that have or may have design and/or functionality similar to products that You may develop based on your license herein. Nothing in this Agreement shall impair, limit or curtail Adobe’s right to continue with its development, maintenance and/or distribution of Adobe’s technology or products. You agree that you shall not assert in any way any patent owned by You arising out of or in connection with this SDK or modifications made thereto against Adobe, its subsidiaries or affiliates, or their customers, direct or indirect, agents and contractors (collectively, the “Adobe Product Users”) for the manufacture, use, import, licensing, offer for sale or sale of any Adobe products.
11. OPEN SOURCE SOFTWARE.
Notwithstanding anything to the contrary, You are not licensed to (and You agree that You will not) integrate or use this SDK with any Viral Open Source Software or otherwise take any action that could require disclosure, distribution, or licensing of all or any part of the SDK in source code form, for the purpose of making derivative works, or at no charge. For the purposes of this Section 6, “Viral Open Source Software” shall mean software licensed under the GNU General Public License, the GNU Lesser General Public License, or any other license terms that could require, or condition Your use, modification, or distribution of such software on, the disclosure, distribution, or licensing of any other software in source code form, for the purpose of making derivative works, or at no charge. Any violation of the foregoing provision shall immediately terminate all of Your licenses and other rights to the SDK granted under this Agreement.
None of the provisions of this License 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 officer of Adobe.
When conflicting language exists between this License Agreement and any other agreement included in the SDK, this License Agreement shall supersede. If either Adobe or Developer employs attorneys to enforce any rights arising out of or relating to this License Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees. You acknowledge that You have read this License 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 SDK. No variation of the terms of this License Agreement will be enforceable against Adobe unless Adobe gives its express consent, in writing signed by an officer of Adobe. The English language version of this Agreement shall be the version used in the event any dispute arises hereunder. All translations of this Agreement are for convenience only and shall not be used by the parties or any court when interpreting or construing this Agreement.
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