ADOBE SYSTEMS INCORPORATED
WARRANTY DISCLAIMER AND LICENSE AGREEMENT
ADOBE® "DURANGO" SDK
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 Adobe Durango SDK (defined below) to you "AS IS." ADOBE AND ITS SUPPLIERS DISCLAIM ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTY OF ANY KIND WITH RESPECT TO THE SDK COMPONENTS INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY WITH REGARD TO PERFORMANCE, MERCHANTABILITY, SATISFACTORY QUALITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF 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. SOFTWARE DEVELOPMENT KIT LICENSE AGREEMENT
NOTICE TO USER: THIS LICENSE AGREEMENT GOVERNS INSTALLATION, USE AND DISTRIBUTION OF THE Adobe Durango SDK (as defined below). 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. THIS AGREEMENT IS ENFORCEABLE AGAINST you and any legal entity that obtained the sdk components and on whose behalf they are used: for example, your employer. if you do not agree to the terms of this agreement, do not use the sdk components.
The Adobe Durango SDK includes and is intended to be used with the Adobe AIR® SDK. Use of the Adobe Durango SDK is governed by this license agreement. Use of the Adobe AIR SDK is governed by the license agreement included in a sub- directory of that software development kit.
Use of some third party materials included in the SDK Components may be subject to other terms and conditions typically found in a separate license agreement or a "Read Me" file located near such materials or in the "Third Party Software Notices and/or Additional Terms and Conditions" found at http://www.adobe.com/go/thirdparty.
1. Definitions.
"Adobe AIR SDK" means the separate software development kit for Adobe AIR used to develop applications that interoperate with the Runtime Software. The Adobe AIR SDK is licensed separately from the Adobe Durango SDK.
"Developer Application" means your application software that interoperates with an installed instance of the Runtime Software and otherwise complies with the requirements of this agreement, for example, Section 3.1.
"Documentation" means the written materials included in the Adobe Durango SDK, including, for example, technical specifications, file format documentation and application programming interface (API) information.
"Adobe Durango SDK" means the documentation, sample code and redistributable components that accompany this agreement and that are not a part of the Adobe AIR SDK, which is bundled with but licensed separately from the Adobe Durango SDK.
"Effective Date" means the date that you download or otherwise access the Adobe Durango SDK.
"Redistributable Component" means any of the individual files, libraries, or executable code that are contained in the Library or Templates folder(s) of the Adobe Durango SDK or are expressly identified as redistributable in the Documentation. ReuseLib.swc and template applications are examples of Redistributable Components.
"Runtime Software" means the Adobe runtime software in object code format named "Adobe AIR" that is to be installed by end-users, and all updates to such software made available by Adobe.
"Sample Code" means sample software in source code or object code format included in the Adobe Durango SDK that are designated in the Documentation or directories as "sample code," "samples," "sample application code," "template applications," "quickstart code" or "snippets."
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 right to use the components of the Adobe Durango SDK in accordance with the Documentation as follows:
2.1 Installation, Use and Copying. You may make, install and use a limited and reasonable number of copies of the components of the Adobe Durango SDK for purposes of your internal development of Developer Applications.
2.2 Modification. You may modify the Sample Code provided to you in human readable (i.e., source code) format. You may incorporate the modified Sample Code into your Developer Application. You may not modify the Documentation or the Runtime Software 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 components of the Adobe Durango SDK other than Sample Code that is modified by you in accordance with this agreement.
2.3 Distribution.
(a) Distribution Rights. You may copy and distribute the Sample Code and Redistributable Components as incorporated into your Developer Application.
(b) Distribution of Other Components. This agreement does not grant you the right to distribute the Documentation or Runtime Software or any component included in the Adobe AIR SDK. For example, neither this agreement or the Adobe AIR SDK license agreement grant you the right to distribute any build tool. For information about obtaining the right to distribute build tools included within the Adobe AIR SDK with your product or service please refer to http://www.adobe.com/go/redistributeairsdk.
The foregoing rights are conditioned upon your compliance with the terms of this agreement. In the event that you fail to perform any obligation or abide by any term of this agreement, the foregoing rights shall immediately terminate.
3. Restrictions and Requirements.
3.1 Development. You shall not create or distribute any software, including, without limitation, any Developer Application, that interoperates with individual Redistributable Components in a manner not documented by Adobe. You shall not create or distribute any software, including, without limitation, any Developer Application, that is designed to interoperate with an un-installed instance of the Runtime Software. You shall not create or distribute any Developer Application that runs without installation. For clarity, failure to comply with this Section 3.1 is a breach of this agreement that immediately terminates all rights granted to you herein.
3.2 Distribution. You may not distribute the Redistributable Components unless incorporated into a Developer Application, and in no instance on a standalone basis. If you distribute the Sample Code or Redistributable Components under this agreement, you must include a copyright notice in such code, files, the relevant Developer Application or other larger work incorporating such code or files. You may not (a) make any statement that any Developer Application or other software is "certified" or otherwise guaranteed by Adobe or (b) use Adobe’s name or trademarks to market any Developer Application 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.
3.3 Other Requirements. You will not use the components of the Adobe Durango SDK 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 without limitation 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.
4. No Lawsuits. Adobe makes the Adobe Durango SDK and the Adobe AIR SDK available to the public free of charge for purposes of developing applications that interoperate with the Runtime Software. In the event that you file or participate in any lawsuit against Adobe claiming that Adobe AIR, Durango 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 in Section 2 as if they had never been granted.
5. Indemnification. You agree to hold Adobe harmless from any and all liabilities, losses, actions, damages or claims (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 component of the Adobe Durango SDK or your Developer Application; provided that Adobe cooperates with you, at your expense, in resolving any such claim.
6. Intellectual Property Rights. The Adobe Durango SDK 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 without limitation 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.
7. 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.
8. No Warranty. Adobe provides the Adobe Durango SDK to you "AS IS." ADOBE AND ITS SUPPLIERS MAKE NO EXPRESS, IMPLIED, OR STATUTORY WARRANTY OF ANY KIND WITH RESPECT TO THE SDK INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY WITH REGARD TO PERFORMANCE, MERCHANTABILITY, SATISFACTORY QUALITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF ADOBE OR ANY COMPANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF 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.
9. 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 AND/OR YOUR USE OF THE SDK COMPONENTS, INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, 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 UNDER OR IN CONNECTION WITH THIS LICENSE AGREEMENT 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 and/or limiting obligations, warranties and liability as provided in this agreement, but in no other respects and for no other purpose.
10. 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, 3, 4, 5, 6, 7, 8, 9, 11 and 12 will survive any termination of this agreement. Upon termination of this agreement, you will cease all use and distribution of the Adobe Durango SDK and return to Adobe or destroy (with written confirmation of destruction) the SDK components promptly at Adobe’s request, together with any copies thereof.
11. Export Rules. You agree that no part of the Adobe Durango SDK will 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 and that you are not otherwise prohibited under the Export Laws from receiving the SDK components. All rights to use the SDK components are granted on condition that such rights are forfeited if you fail to comply with the terms of this agreement.
12. 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.
13. Trademark. "Adobe® AIR®" is a trademark of Adobe that may not be used by others except under a written license from Adobe. You may not incorporate the Adobe AIR trademark, or any other Adobe trademark, in whole or in part, in the title of your Developer Application or in your company name, domain name or the name of a service related to Adobe AIR. You may indicate the interoperability of your Developer Application with the Adobe AIR runtime software, if true, by stating, for example, "works with Adobe® AIR®" or "for Adobe® AIR®." You may use the Adobe AIR trademark to refer to your Developer Application as an "Adobe® AIR® application" only as a statement that your Developer Application interoperates with the Adobe AIR Runtime Software.
14. 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.
15. 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.
AdobeAIR_ SDK License _20081014_0242
