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Alchemy End User License Agreement

ADOBE SYSTEMS INCORPORATED

WARRANTY DISCLAIMER AND SDK LICENSE AGREEMENT

CODENAME "ALCHEMY" SDK, PREVIEW

NOTICE TO USER: THIS DOCUMENT INCLUDES A WARRANTY DISCLAIMER (PART I) AND AN SDK LICENSE AGREEMENT (PART II).

PART I. WARRANTY DISCLAIMER

ADOBE PROVIDES THE SDK COMPONENTS (DEFINED BELOW) TO YOU "AS IS." ADOBE AND ITS SUPPLIERS DISCLAIM ANY EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTY OF ANY KIND WITH RESPECT TO THE SDK COMPONENTS INCLUDING ANY WARRANTY WITH REGARD TO PERFORMANCE, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OR RESULTS OBTAINED BY USING THE SDK COMPONENTS. The foregoing exclusions and limitations will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

PART II. SDK LICENSE AGREEMENT

ADOBE SOFTWARE DEVELOPMENT KIT LICENSE AGREEMENT

NOTICE TO USER: THIS LICENSE AGREEMENT GOVERNS INSTALLATION AND USE OF THE SDK COMPONENTS. YOU AGREE THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. BY DOWNLOADING, INSTALLING, COPYING, MODIFYING OR DISTRIBUTING ANY SDK COMPONENT, YOU ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU MAY HAVE A SEPARATE WRITTEN AGREEMENT WITH ADOBE THAT SUPPLEMENTS OR SUPERSEDES ALL OR PORTIONS OF THIS AGREEMENT.

Use of components found in the avm2-libc/include, avm2-libc/lib, and bin folders are not governed by this license agreement bur are rather governed by the license found within the relevant code file. More information can be found in the "Alchemy" SDK "Read Me" file or in the "Third Party Software Notices and/or Additional Terms and Conditions" found at http://www.adobe.com/go/thirdparty. For example, the avm2-libc/include/* files included in "Alchemy" SDK Components are subject to certain free or open source software licenses, including a version of the GNU Public License.

1. DEFINITIONS.

"Adobe" means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose, California 95110.

"Build Tools" means build files, Script Files, compilers, and other tools accompanying this agreement, including, for example, avm2-libc/lib/avm2-libc.l.bc, avm2-libc/lib/avm2-libstdc++.l.bc, bin/* (excluding source files, which are files with an extension of .h), achacks/*, flashlibs/*, config, and alchemy-setup.

"Developer Software" means the software you develop using the SDK Components.

"Documentation" means the written materials accompanying this agreement, including, for example Platform specific ReadMes (readme.*) and ReadMes for developers using Alchemy (docs/*).

"Effective Date" means the date that you download or otherwise access the SDK Components.

"Sample Code" means sample software in source code or object code format designated in the Documentation or directories as "sample code," "samples," "sample application code," "quickstart code" or "snippets."

"Script Files" means those certain Build Tools provided in source code format.

"SDK Components" means the Build Tools, Documentation, Sample Code and Source Files.

"Source Files" means source code files that accompany this agreement that have an extension of .h and are located in bin/* and avm2-libc/*.

2. License. Subject to the terms and conditions of this agreement, including the requirements and restrictions below, Adobe grants you the non-exclusive, non-transferable, non-sublicensable right to use the SDK Components in accordance with the Documentation as follows:

2.1 Installation, Use and Copying. You may install and use the Build Tools solely for purpose of developing Developer Software. You may make a limited and reasonable number of copies of the SDK Components for purposes of your internal development of Developer Software.

2.2 Modification. You may modify the Sample Code, Source Files and Script Files. You may incorporate modified Sample Code and Source Files into your Developer Software. You may not modify the Build Tools (except for Script Files) or Documentation in any manner. You may not delete or in any manner alter the copyright notices, trademarks, logos or related notices, or other proprietary rights notices of Adobe (and its licensors, if any) appearing on or within any of the SDK Components other than Sample Code that are substantially modified by you in accordance with this agreement.

2.3 Distribution.

(a) Distribution Rights. Subject to the provisions of this agreement, including the requirements and restrictions below, you may distribute modified and unmodified Source Files in object code format only, in all cases incorporated into your Developer Software. Note that if you elect to distribute under this Section, your distribution of certain files, such as those found at avm2-libc/include/*, avm2-libc/gcc/*, and bin/llvm-gcc4-*, may be subject to certain third party licenses, including a version of the GNU Public License. This agreement does not grant you the right to distribute the Documentation or Build Tools.

(b) Distribution Requirements. If you distribute a Source File with your Developer Software under this agreement, you must include a copyright notice in such file or other larger work incorporating the file. You may not (i) make any statement that any Developer Software or other software is "certified" or otherwise guaranteed by Adobe or (ii) use Adobe’s name or trademarks to market any Developer Software or other software without written permission from Adobe. Adobe is not responsible to you or any other party for any software update or support or other liability that may arise from your distribution.

3. Restrictions.

3.1 Restrictions. You will not use the SDK Components to create, develop or use any program, software or service that (a) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, (b) when used in the manner in which it is intended or marketed, violates any law, statute, ordinance, regulation or rights (including any laws, regulations or rights respecting intellectual property, computer spyware, privacy, export control, unfair competition, antidiscrimination or advertising), or (c) interferes with the operability of Adobe or third-party programs or software.

3.2 Reverse Engineering. You will not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of any SDK Component provided to you in compiled or object code format except to the extent you may be expressly permitted to decompile under applicable law.

4. Scope of License and Breach; No Lawsuits.

4.1 Scope of License and Breach. You will not use, copy, modify or distribute the SDK Components other than as expressly permitted under this agreement. Your license to use, copy, modify and distribute the SDK Components automatically terminates upon your breach of any term of this agreement.

4.2 No Lawsuits. Adobe makes the SDK Components available to the public free of charge. If you file or participate in any lawsuit against Adobe claiming that the SDK Components or any Internet application or tool used to create Internet applications distributed by Adobe infringes any patent, Adobe may at any time thereafter revoke the rights granted to you under this agreement as if they had never been granted.

5. Intellectual Property Rights. The SDK Components and any copies that you are authorized by Adobe to make are the intellectual property of and are owned by Adobe Systems Incorporated and its suppliers. The structure, organization and code of the SDK Components provided to you in compiled or object code form are the valuable trade secrets and confidential information of Adobe Systems Incorporated and its suppliers. The SDK Components are protected by copyright, including by United States Copyright Law, international treaty provisions and applicable laws in the country in which they are used. Except as expressly stated herein, this agreement does not grant you any intellectual property rights in the SDK Components, and all rights not expressly granted are reserved by Adobe.

6. Indemnification. You will indemnify, defend and hold Adobe harmless from and against any and all liabilities, losses, expenses, actions, lawsuits, damages , claims or costs (including product liability, warranty and intellectual property claims, and all reasonable expenses, costs and attorneys’ fees) arising out of or relating to your distribution of any SDK Component or Developer Software; provided that Adobe cooperates with you, at your expense, in resolving any such claim.

7. No Warranty. ADOBE PROVIDES THE SDK COMPONENTS TO YOU "AS IS." ADOBE AND ITS SUPPLIERS MAKE NO EXPRESS, IMPLIED, STATUTORY OR OTHERWARRANTY OF ANY KIND WITH RESPECT TO THE SDK COMPONENTS INCLUDING, ANY WARRANTY WITH REGARD TO PERFORMANCE, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OR RESULTS OBTAINED BY USING THE SDK COMPONENTS. The foregoing exclusions and limitations will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

8. Limitation of Liability. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER ARISING FROM THIS LICENSE AGREEMENT OR YOUR USE OF THE SDK COMPONENTS, INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, CLAIMS, COSTS OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. IN ANY EVENT, ADOBE’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS IN CONNECTION WITH THIS SDK COMPONENTS WILL BE LIMITED TO TEN U.S. DOLLARS. Nothing contained in this agreement limits Adobe’s or its suppliers’ liability to you in the event of death or personal injury resulting from negligence or for the tort of deceit (fraud). Adobe is acting on behalf of its suppliers for the purpose of disclaiming, excluding or limiting obligations, warranties and liability as provided in this agreement, but in no other respects and for no other purpose.

9. Term and Termination. This agreement will commence upon the Effective Date and continue in perpetuity unless terminated as set forth herein. Adobe may terminate this agreement immediately if you breach any of its terms. Sections 1 and 3 through 13 will survive any termination of this agreement. Upon termination of this agreement, you will cease all use and distribution of the SDK Components and return to Adobe or destroy (with written confirmation of destruction) the SDK Components promptly at Adobe’s request, together with any copies thereof.

10. Notice to U.S. Government End Users. For U.S. Government End Users, Adobe agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence is incorporated by reference in this agreement.

11. Export Rules. You agree that the SDK Components will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the SDK Components are identified as an export controlled item under the Export Laws, you represent and warrant that you are not a citizen of, or located within, an embargoed or otherwise restricted nation (currently Iran, Syria, Sudan, Cuba and North Korea) and that you are not otherwise prohibited under the Export Laws from receiving the Software.

12. Governing Law. This agreement, each transaction entered into hereunder, and all matters arising from or related to this agreement (including its validity and interpretation), will be governed and enforced by and construed in accordance with the substantive laws in force in the State of California. The state or federal courts located in Santa Clara County, California will 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.

13. General Provisions. If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which will remain valid and enforceable according to its terms. Updates may be licensed to you by Adobe with additional or different terms. This is the entire agreement between Adobe and you relating to the SDK Components and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the SDK Components.

AdobeAlchemy_ SDK License _10272008