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LICENSE
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ADOBE SOFTWARE DEVELOPMENT KIT LICENSE AGREEMENT Effective Date: first date you
select “I Agree” or use the SDK
Last Updated: 13 March 2014 The SDK is licensed to you subject to the terms and
conditions below which form a binding agreement between you and Adobe. By
selecting “I Agree”, or by downloading, installing, or making use of any portion
of the SDK, you are agreeing to the following terms and conditions. If you do
not agree to the terms and conditions below, do not use the SDK. If you agree
to be bound by this agreement behalf of your employer or other entity, you must
have the legal authority to do so. If you are not authorized to so bind your
employer or such entity, do not select “I Agree” to accept this agreement and do
not use the SDK.
AGREED TERMS AND CONDITIONS
1. DEFINITIONS. 1.1 “Adobe” means collectively, Adobe Systems Incorporated, a
company incorporated in Delaware, U.S.A., having a place of business at 345 Park
Avenue, San Jose, California USA 95110-2704, U.S.A. (“Adobe US”) and Adobe
Systems Software Ireland, company incorporated in Ireland, having a place of
business 4-6 Riverwalk, City West Business Campus, Saggart, Dublin 24, Ireland
(“Adobe Ireland”). 1.2 “Adobe Product(s)” means software applications, programs
and other technologies not included in or with the SDK which are or may be made
available by Adobe for licensing to the general public. This agreement does not
govern use of Adobe Products. See the end user license agreement accompanying an
Adobe Product for terms governing its use. 1.3 “Developer Product(s)” means any
software application(s), program(s) and other teconolog(y/ies) you develop with
use of the SDK to function or interoperate with Adobe Products. 1.4
“Intellectual Property Rights” means copyright, moral rights, trademark, trade
dress, patent, trade secret, unfair competition, and any other intellectual and
proprietary rights. 1.5 “SDK” or “Software Development Kit” means all items
comprising the software development kit and all associated materials licensed to
you by Adobe as part of the SDK, including all SDK system files, tools, programs
and utilities, as well as any plug-ins or other application programming
interfaces, header or JAR files (“API”), sample images, sounds, or similar
assets (“Content Files”), software code samples, runtimes and libraries,
including any portion(s) that is modified by you, or merged or incorporated with
your Developer Products (“Sample Code”), and any related documentation,
technical specifications, notes and explanatory materials, as well any
modifications, updates, upgrades, or copies of, any of the foregoing items, that
may be made available by Adobe, whether online or recorded on media, or manually
downloaded by you or otherwise placed on your computer by executing the SDK
installer.
2. LICENSES GRANTED TO YOU. 2.1 SDK. Subject to your compliance with terms of
this agreement, Adobe grants to you a non-exclusive, non-sublicensable, non-
transferable license to install and use the SDK solely for your internal design,
development and testing of your Developer Products, subject further to the
requirements and limitations below. 2.2 API. Subject to your compliance with
terms of this agreement, Adobe grants to you a non-exclusive, non-sublicensable,
non-transferable license to use the API only as provided in or by the applicable
specification and to distribute the API solely in, with, and on the same media
as, your Developer Products. For clarification, you may not modify the API. 2.3
Content Files. You may not use, modify, reproduce or distribute any of the
Content Files. For the avoidance of doubt, the Content Files are included as
examples only. You acquire no rights to the Content Files. 2.4 Sample Code.
Subject to your compliance with terms of this agreement, Adobe grants to you a
non-exclusive, non-sublicensable, non-transferable license to use, modify,
merge, and redistribute (in object code form only) all or any portions of the
Sample Code solely as part of, and as necessary to properly implement, the SDK
in your Developer Products. All and any portion of the Sample code that is
modified or merged by you in your Developer Products is subject to the terms of
this agreement.
3. SCOPE OF LICENSE; LIMITATIONS AND RESTRICTIONS 3.1 You may not distribute
the SDK or any of its component parts to interoperate with or to run on a
platform other than the Adobe-approved platform. 3.2 Third-Party Software. The
SDK may contain third-party software, subject to additional terms and
conditions, available at http://www.adobe.com/go/thirdparty; and 3.3 You may not
modify, port, adapt, creative derivate works, redistribute, or translate any
portion of this SDK; or add or delete any SDK program files that would in any
way result in modifying the functionality or appearance of any element of the
Adobe Products. 3.4 You may not reverse engineer, decompile, disassemble, or
otherwise attempt to discover the source code of, any portion of the SDK, except
and only to the extent that applicable laws of the jurisdiction where you are
located grant you the right to decompile SDK in order to obtain information
necessary to render the SDK interoperable with other software; in which case you
must first request the information from Adobe in writing and Adobe may, in its
discretion, either provide such information to you or impose reasonable
conditions, including reasonable fees, on your use of the SDK software to ensure
that Adobe’s and its licensors’ Intellectual Proprietary Rights in the SDK are
protected. 3.5 You may not unbundle, repackage, distribute, rent, lease, offer,
sell, resale, sublicense, assign or transfer all, or any component parts of the
SDK, or any of your rights in the SDK, nor authorize any portion of the SDK to
be copied onto another’s device, computer or platform, including on a service
bureau basis to other providers (i.e., volume printing, banking, payroll service
providers, etc) who provide you free or fee-based business services.
4. VIRAL OPEN SOURCE SOFTWARE AND SERVICES You are not license to (and you
agree that you will not) merge, integrate or use the SDK with any Viral Open
Source Software or Viral Service, 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 any purpose whatsoever. For purposes of this Section,
“Viral Open Source Software” means software licensed under the GNU General
Public License, the GNU Affero General Public License (AGPL), the GNU Lesser
General Public License (LGPL), or any other license terms that would require, or
condition your use, modification, or distribution of such licensed 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, and “Viral
Service” means any service that contains any viruses, Trojan horses, worms, time
bombs, cancelbots or other computer programming routines that are intended to
damage, detrimentally interfere with, surreptitiously intercept, expropriate or
deprive owners’ possession of any system, data or personal information, or that
in any way violates any law, statute, ordinance, regulation or rights (including
any law, regulations or rights respecting intellectual property, computer
spyware, privacy, export control, unfair competition, antidiscrimination or
false advertising), or otherwise interferes with the operability of Adobe
Products or third-party programs or software.
5. NON-BLOCKING OF ADOBE DEVELOPMENT You acknowledge that Adobe is currently
developing or may develop technologies and Adobe Products in the future that
have, or may have, design or functionality similar to Developer Products that
you may develop based on the license granted to you in this agreement. Nothing
in this agreement will impair, limit or curtail Adobe’s right to continue with
its development, maintenance or distribution of Adobe Products. You agree that
you will not assert in any way any patent owned by you arising out of or in
connection with your use of the SDK, or any SDK modifications made by you,
against Adobe, its customers, subsidiaries or affiliates, or any of their
customers, direct or indirect, agents and contractors for the manufacture, use,
import, license, offer for sale, or sale of any Adobe Products.
6. OWNERSHIP; INTELLECTUAL PROPERTY RIGHTS 6.1 The items contained in the SDK
are the Intellectual Property of Adobe and its licensors 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. Adobe and its
licensors reserve all rights not expressly granted to you under this agreement,
and retain all right, title, and interest in the SDK, including all Intellectual
Property Rights. 6.2 The SDK, or any of its component parts, may be supplied to
you with certain accompanying proprietary notices, including patent, copyright
and trademark notices. You agree to protect all copyright and other ownership
interests of Adobe and its licensors in the SDK supplied to you under this
agreement; to preserve exactly (and not remove or alter) all proprietary notices
displayed in or on the SDK; to reproduce the same proprietary notices in all
copies you make of any portion of the SDK. 6.3 You agree to include in your
Developer Products Adobe’s copyright notices, wherever such notices are
customarily posted, in substantially the following form: Portions of software
used to develop this product copyrighted by Adobe and its licensors. All Rights
Reserved. 6.4 Nothing in this agreement gives you a right to use the name, logo
or trademarks of Adobe or its licensors to market your Developer Products.
7. CONFIDENTIAL INFORMATION With respect to the API, and any portion, included
in the SDK (for purposes of this Section, “Adobe Confidential Information”), you
will treat the Adobe Confidential Information, and exercise the same degree of
care to protect it, as you afford to your own confidential information. Your
obligations under this Section will terminate when you can document that (a) the
Adobe Confidential Information was in the public domain at or subsequent to the
time Adobe communicated or provided it to you with no fault of your own; (b)
your employees or agents developed independently without reference to any Adobe
Confidential Information Adobe communicated or provided to you; or (c) your
communication of Adobe Confidential Information was in response to a valid order
by a court or other governmental body, was otherwise required by law, or was
necessary to establish the rights of a party under this agreement.
8. TERM; TERMINATION This agreement will commence on the Effective Date and
will continue unless terminated. Adobe may terminate this agreement immediately
upon notice to you, and without judicial intervention, if you fail to comply
with any term of its terms. You may terminate this agreement at any time by
discontinuing all your use(s) of the SDK and you agree to destroying or removing
all full and partial copies of the SDK from your computer. If requested by
Adobe, you must demonstrate proof of your compliance with the terms of this
Section. In the event of termination, the terms of this agreement that, by their
nature, are meant to survive termination, including all terms relating to viral
open source software and services, ownership, confidential information,
indemnity obligations and procedures, disclaimers of warranty, limitations on
and exclusions of remedies and damages, dispute resolution, and waiver, , will
survive termination of this agreement.
9. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY You expressly understand and
agree that, to the maximum extent permitted by applicable law: 9.1 Use OF THE
SDK is entirely at your own risk. The SDK is provided by Adobe “AS-IS” and with
all faults. Adobe and its licensors are not liable to you or anyone else for any
special, incidental, indirect, consequential, or punitive damages whatsoever
(even if Adobe has been advised of the possibility of such damages), including
(a) damages resulting from loss of use, data, or profits, whether or not
foreseeable, (b) damages based on any theory of liability, including breach of
contract or warranty, negligence or other tortious action, or (c) damages
arising from any other claim arising out of or in connection with your use of
the SDK. 9.2 Adobe’s total liability in any matter arising out of or related to
these terms is limited to US $100 or the aggregate amount that you paid for use
of the SDK during the 12 months prior to the event giving rise to the damages,
whichever is larger. This limitation will apply even if Adobe has been advised
of the possibility of such damages and regardless of any failure of the
essential purpose of any limited remedy.
10. INDEMNIFICATION To the maximum extent permitted by law, you agree to
indemnify Adobe, its subsidiaries, affiliates, officers, agents, employees,
partners, licensors, or suppliers from any claim or demand, including reasonable
attorneys’ fees, that arise from the use and distribution of your Developer
Products that contain or are based upon any portion of the SDK, or from your
violation of the terms of this agreement.
11. DISPUTE RESOLUTION 11.1 Choice of Law. If you are a resident of North
America (or if your organization is headquartered in North America), your
relationship is with Adobe Systems Incorporated, a United States company, and
the SDK is governed by the law of California, U.S.A. If you reside outside of
North America, your relationship is with Adobe Systems Software Ireland Limited,
and the SDK is governed by the law of Ireland. 11.2 Venue. You agree that
any claim or dispute you may have against Adobe must be resolved by a court
located in Santa Clara County, California, United States of America. You agree
to submit to the personal jurisdiction of the courts located in Santa Clara
County, California, United States of America when the laws of California apply,
and the courts of Dublin, Ireland, when the laws of Ireland applies, for the
purpose of litigating such claims or disputes. The parties specifically disclaim
the U.N. Convention on Contracts for the International Sale of Goods. 11.3
Injunctive Relief. Notwithstanding the foregoing, in the event of your or
others’ unauthorized access to or use of the SDK in violation of this Agreement,
you agree that Adobe is entitled to apply for injunctive remedies (or an
equivalent type of urgent legal relief) in any jurisdiction.
12. EXPORT RULES The SDK and your use of the SDK are subject to U.S. and
international laws, restrictions, and regulations that may govern the import,
export, and use of the SDK. You agree to comply with all such laws,
restrictions, and regulations.
13. NOTICE TO U.S. GOVERNMENT END USERS For U.S. Government procurements, the
SDK is a commercial computer software as defined in FAR 12.212 and subject to
restricted rights as defined in FAR Section 52.227-19 "Commercial Computer
Software - Restricted Rights" and DFARS 227.7202, “Rights in Commercial Computer
Software or Commercial Computer Software Documentation”, as applicable, and any
successor regulations. Any use, modification, reproduction release, performance,
display or disclosure of the SDK by the U.S. Government shall be solely in
accordance with license rights and restrictions described herein.
14. GENERAL PROVISIONS 14.1 Severability. If it turns out that a particular
term is not enforceable, the unenforceability of that term will not affect any
other terms. 14.2 Modification; Waiver. No provision of this agreement will
be deemed to have been modified or waived by any act or acquiescence on the part
of Adobe, its agents, or employees, but only by any instrument in writing,
signed by an authorized officer of Adobe. 14.3 English Version. The English
language version of this agreement will be the version used when interpreting or
construing its terms. 14.4 Entire Agreement. This Agreement is the entire
agreement, superseding any prior written or oral agreements, between you and
Adobe relating to the SDK.
SDK_EULA_en_US-20140313_1200