1 DNG SDK License Agreement 2 NOTICE TO USER: 3 Adobe Systems Incorporated provides the Software and Documentation for use under 4 the terms of this Agreement. Any download, installation, use, reproduction, 5 modification or distribution of the Software or Documentation, or any 6 derivatives or portions thereof, constitutes your acceptance of this Agreement. 7 8 As used in this Agreement, "Adobe" means Adobe Systems Incorporated. "Software" 9 means the software code, in any format, including sample code and source code, 10 accompanying this Agreement. "Documentation" means the documents, specifications 11 and all other items accompanying this Agreement other than the Software. 12 13 1. LICENSE GRANT 14 Software License. Subject to the restrictions below and other terms of this 15 Agreement, Adobe hereby grants you a non-exclusive, worldwide, royalty free 16 license to use, reproduce, prepare derivative works from, publicly display, 17 publicly perform, distribute and sublicense the Software for any purpose. 18 19 Document License. Subject to the terms of this Agreement, Adobe hereby grants 20 you a non-exclusive, worldwide, royalty free license to make a limited number of 21 copies of the Documentation for your development purposes and to publicly 22 display, publicly perform and distribute such copies. You may not modify the 23 Documentation. 24 25 2. RESTRICTIONS AND OWNERSHIP 26 You will not remove any copyright or other notice included in the Software or 27 Documentation and you will include such notices in any copies of the Software 28 that you distribute in human-readable format. 29 30 You will not copy, use, display, modify or distribute the Software or 31 Documentation in any manner not permitted by this Agreement. No title to the 32 intellectual property in the Software or Documentation is transferred to you 33 under the terms of this Agreement. You do not acquire any rights to the Software 34 or the Documentation except as expressly set forth in this Agreement. All rights 35 not granted are reserved by Adobe. 36 37 3. DISCLAIMER OF WARRANTY 38 ADOBE PROVIDES THE SOFTWARE AND DOCUMENTATION ONLY ON AN "AS IS" BASIS WITHOUT 39 WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING 40 WITHOUT LIMITATION ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, 41 MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADOBE MAKES NO WARRANTY 42 THAT THE SOFTWARE OR DOCUMENTATION WILL BE ERROR-FREE. To the extent 43 permissible, any warranties that are not and cannot be excluded by the foregoing 44 are limited to ninety (90) days. 45 46 4. LIMITATION OF LIABILITY 47 ADOBE AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR LOSS OR DAMAGE ARISING OUT OF 48 THIS AGREEMENT OR FROM THE USE OF THE SOFTWARE OR DOCUMENTATION. IN NO EVENT 49 WILL ADOBE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, 50 CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES INCLUDING LOST PROFITS, LOST 51 SAVINGS, COSTS, FEES, OR EXPENSES OF ANY KIND ARISING OUT OF ANY PROVISION OF 52 THIS AGREEMENT OR THE USE OR THE INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, 53 HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT 54 LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF ADVISED OF THE 55 POSSIBILITY OF SUCH DAMAGES. ADOBE'S AGGREGATE LIABILITY AND THAT OF ITS 56 SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE 57 AMOUNT PAID BY YOU FOR THE SOFTWARE AND DOCUMENTATION. 58 59 5. INDEMNIFICATION 60 If you choose to distribute the Software in a commercial product, you do so with 61 the understanding that you agree to defend, indemnify and hold harmless Adobe 62 against any losses, damages and costs arising from the claims, lawsuits or other 63 legal actions arising out of such distribution. 64 65 6. TRADEMARK USAGE 66 Adobe and the DNG logo are the trademarks or registered trademarks of Adobe 67 Systems Incorporated in the United States and other countries. Such trademarks 68 may not be used to endorse or promote any product unless expressly permitted 69 under separate agreement with Adobe. For information on how to license the DNG 70 logo please go to www.adobe.com. 71 72 7. TERM 73 Your rights under this Agreement shall terminate if you fail to comply with any 74 of the material terms or conditions of this Agreement. If all your rights under 75 this Agreement terminate, you will immediately cease use and distribution of the 76 Software and Documentation. 77 78 8. GOVERNING LAW AND JURISDICTION. This Agreement is governed by the statutes 79 and laws of the State of California, without regard to the conflicts of law 80 principles thereof. The federal and state courts located in Santa Clara County, 81 California, USA, will have non-exclusive jurisdiction over any dispute arising 82 out of this Agreement. 83 84 9. GENERAL 85 This Agreement supersedes any prior agreement, oral or written, between Adobe 86 and you with respect to the licensing to you of the Software and Documentation. 87 No variation of the terms of this Agreement will be enforceable against Adobe 88 unless Adobe gives its express consent in writing signed by an authorized 89 signatory of Adobe. If any part of this Agreement is found void and 90 unenforceable, it will not affect the validity of the balance of the Agreement, 91 which shall remain valid and enforceable according to its terms. 92
