1DNG SDK License Agreement 2NOTICE TO USER: 3Adobe Systems Incorporated provides the Software and Documentation for use under 4the terms of this Agreement. Any download, installation, use, reproduction, 5modification or distribution of the Software or Documentation, or any 6derivatives or portions thereof, constitutes your acceptance of this Agreement. 7 8As used in this Agreement, "Adobe" means Adobe Systems Incorporated. "Software" 9means the software code, in any format, including sample code and source code, 10accompanying this Agreement. "Documentation" means the documents, specifications 11and all other items accompanying this Agreement other than the Software. 12 131. LICENSE GRANT 14Software License. Subject to the restrictions below and other terms of this 15Agreement, Adobe hereby grants you a non-exclusive, worldwide, royalty free 16license to use, reproduce, prepare derivative works from, publicly display, 17publicly perform, distribute and sublicense the Software for any purpose. 18 19Document License. Subject to the terms of this Agreement, Adobe hereby grants 20you a non-exclusive, worldwide, royalty free license to make a limited number of 21copies of the Documentation for your development purposes and to publicly 22display, publicly perform and distribute such copies. You may not modify the 23Documentation. 24 252. RESTRICTIONS AND OWNERSHIP 26You will not remove any copyright or other notice included in the Software or 27Documentation and you will include such notices in any copies of the Software 28that you distribute in human-readable format. 29 30You will not copy, use, display, modify or distribute the Software or 31Documentation in any manner not permitted by this Agreement. No title to the 32intellectual property in the Software or Documentation is transferred to you 33under the terms of this Agreement. You do not acquire any rights to the Software 34or the Documentation except as expressly set forth in this Agreement. All rights 35not granted are reserved by Adobe. 36 373. DISCLAIMER OF WARRANTY 38ADOBE PROVIDES THE SOFTWARE AND DOCUMENTATION ONLY ON AN "AS IS" BASIS WITHOUT 39WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING 40WITHOUT LIMITATION ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, 41MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 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ADOBE'S AGGREGATE LIABILITY AND THAT OF ITS 56SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE 57AMOUNT PAID BY YOU FOR THE SOFTWARE AND DOCUMENTATION. 58 595. INDEMNIFICATION 60If you choose to distribute the Software in a commercial product, you do so with 61the understanding that you agree to defend, indemnify and hold harmless Adobe 62against any losses, damages and costs arising from the claims, lawsuits or other 63legal actions arising out of such distribution. 64 656. TRADEMARK USAGE 66Adobe and the DNG logo are the trademarks or registered trademarks of Adobe 67Systems Incorporated in the United States and other countries. Such trademarks 68may not be used to endorse or promote any product unless expressly permitted 69under separate agreement with Adobe. For information on how to license the DNG 70logo please go to www.adobe.com. 71 727. TERM 73Your rights under this Agreement shall terminate if you fail to comply with any 74of the material terms or conditions of this Agreement. If all your rights under 75this Agreement terminate, you will immediately cease use and distribution of the 76Software and Documentation. 77 788. GOVERNING LAW AND JURISDICTION. This Agreement is governed by the statutes 79and laws of the State of California, without regard to the conflicts of law 80principles thereof. The federal and state courts located in Santa Clara County, 81California, USA, will have non-exclusive jurisdiction over any dispute arising 82out of this Agreement. 83 849. GENERAL 85This Agreement supersedes any prior agreement, oral or written, between Adobe 86and you with respect to the licensing to you of the Software and Documentation. 87No variation of the terms of this Agreement will be enforceable against Adobe 88unless Adobe gives its express consent in writing signed by an authorized 89signatory of Adobe. If any part of this Agreement is found void and 90unenforceable, it will not affect the validity of the balance of the Agreement, 91which shall remain valid and enforceable according to its terms. 92