Notice to User: THIS IS A CONTRACT BETWEEN YOU AND ADOBE SYSTEMS INCORPORATED ("ADOBE"), A CALIFORNIA, U.S.A. CORPORATION. BY INDICATING YOUR ACCEPTANCE BELOW, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. This License Agreement in electronic form accompanies Adobes Graphics Application Software Development Kit ("SDK"), related explanatory materials 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. The licensee must read this License Agreement carefully before indicating acceptance at the end of the text of this License Agreement. If You are the licensee and You do not agree with the terms and conditions of this License Agreement, decline where instructed at the end of this electronic version and return the SDK to Adobe.
1. DEFINITIONS In this License Agreement, SDK means Adobe Products, Adobe Development Software, Sample Code, Development Tools, manuals, documentation, disks and other items included herein. Adobe Products refer to Adobe application programs and software such as Photoshop Plug-Ins included herein which are available for licensing to the general public, including any modified versions or upgrades thereof. Adobe Development Software means software in object code format such as the Premier Stub Library not otherwise made available by Adobe as a commercial product that Adobe has included for You to distribute unmodified with Your application programs on the same media.
Sample Code means software code that Adobe has included for You to incorporate into Your application programs. Development Tools refer to programs such as utilities that may be included for You to test Your application programs. Adobe means Adobe Systems Incorporated and 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 Adobe grants to You a nonexclusive, nontransferable, royalty-free license to use the items in the SDK for the purpose of internal development and to incorporate portions or all of the Sample Code into Your application programs designed to function with Adobe products.
Under this License, You may use, modify or merge the Sample Code with Your application programs and distribute it only as part of Your products. Any modified or merged portion of the Sample Code is subject to this License Agreement. You are required to include Adobes 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 Adobes 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.
You may use the Adobe Products or accompanying materials included in the SDK, subject to End User Licenses or conditions stated on the specific Adobe Product or accompanying material. You may use the Adobe Products, Development Tools, accompanying materials or other items in the SDK solely for the purpose of internal development. You may not include Adobe Products, Development Tools, accompanying materials or other items in the SDK in Developers products under this License Agreement. You may not sell, sublicense, rent, loan or lease the Adobe Products, Development Tools, accompanying materials or other items in the SDK to any third party. You may not reverse engineer, decompile or disassemble any Adobe Products, Adobe Development Software or Development Tools that are supplied to You under this License Agreement.
You may make a limited number of copies of Adobe Products, Development Tools or accompanying materials to be used by Your employees or consultants solely for internal development purposes, and not for general business purposes, and such employees or consultants shall be subject to this License Agreement. To the extent that local law grants You the right to decompile the Software in order to obtain information necessary to render the Software interoperable with other software, You shall first request Adobe 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 can be directed to Adobe Developers Association at the address provided below.
You may use Adobe Development Software only as specified in the enclosed specification, applicable thereto, and distribute it solely with Your products on the same media. You may not modify Adobe Development Software. The Adobe Development Software shall be distributed to Your customers under the terms of Your standard End User License Agreement provided it includes terms which are substantially similar to those applicable to the Adobe Development Software, as described herein.
3. PROPRIETARY RIGHTS The items in the SDK are the intellectual property of Adobe and it 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.
4. TERM This License Agreement is effective until terminated. Adobe has the right to terminate Your License immediately, without judicial intervention, if You fail to comply with any term of this License Agreement. Upon any such termination You must return all full and partial copies of the items in the SDK immediately to Adobe.
5. DISCLAIMER OF WARRANTY Adobe licenses the Adobe Development Software, Sample Code and other items in the SDK to Developer only on an "as is" basis. Adobe makes no representation with respect to the adequacy of the Adobe Development Software, Sample Code and other items in the Package used in the development of Developers 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 Sample Code, Adobe Development Software or from any of the other items in the SDK.
ADOBE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED 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 Adobes Customer Support Department for Adobe Products or Adobes Developer Support for Sample Code and Development Tools at 1585 Charleston Road, P.O. Box 7900, Mountain View, California 94039-7900.
Adobe is under no obligation to provide any support under this License Agreement, including upgrades or future versions of Sample Code, Adobe Development Software or other items in the SDK, 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 Clause 5, but in no other respects and for no other purpose.
6. LIMITATION OF LIABILITY Notwithstanding any other provisions of this License Agreement, Adobes liability to You under this License Agreement shall be limited to the amount paid by You for the SDK.
IN NO EVENT WILL ADOBE 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 states 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.
7. INDEMNIFICATION 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 or distribution of Developers products containing Sample Code or Adobe Development Software, provided that Adobe gives Developer prompt written notice of any such claim, tenders to Developer the defense or settlement of such a claim at Developers expense and cooperates with Developer, at Developer expense, in defending or settling such claim.
8. CHOICE OF LAW This License Agreement shall be governed by the laws in force in the State of California in the United States, excluding the application of its conflict of law rules. Notwithstanding the above, if You license this SDK in Europe, this License Agreement shall be governed by the laws in force in the country within the European Union or Switzerland or Norway in which You are located at the moment of entering into this License Agreement (excluding the application of the said country's conflicts of law rules). If you are located in Europe but outside the European Union or Switzerland or Norway, the laws of Scotland shall govern this License Agreement.
This License Agreement shall not be governed by Article 6:254 of the Dutch Civil Code, the United Nations Convention on Contracts for the International Sale of Goods, the Uniform Law on the Formation of Agreements for the International Sale of Goods, or the Uniform Law on the International Sale of Goods, or any law, rule or regulation of any jurisdiction based on any of the foregoing, the application of which is expressly excluded.
9. U.S. GOVERNMENT REGULATIONS You agree that any Developer product that includes Sample Code or Adobe Development Software (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.
10. WAIVER 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.
11. INTEGRATION 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.
Installing this SDK indicates Your Acceptance of the foregoing Agreement. If you choose to Decline the foregoing Agreement, you should cancel the install process.
