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      1 This product includes DNG technology under license by Adobe Systems
      2 Incorporated.
      3 
      4 DNG SDK License Agreement
      5 NOTICE TO USER:
      6 Adobe Systems Incorporated provides the Software and Documentation for use under
      7 the terms of this Agreement. Any download, installation, use, reproduction,
      8 modification or distribution of the Software or Documentation, or any
      9 derivatives or portions thereof, constitutes your acceptance of this Agreement.
     10 
     11 As used in this Agreement, "Adobe" means Adobe Systems Incorporated. "Software"
     12 means the software code, in any format, including sample code and source code,
     13 accompanying this Agreement. "Documentation" means the documents, specifications
     14 and all other items accompanying this Agreement other than the Software.
     15 
     16 1. LICENSE GRANT
     17 Software License.  Subject to the restrictions below and other terms of this
     18 Agreement, Adobe hereby grants you a non-exclusive, worldwide, royalty free
     19 license to use, reproduce, prepare derivative works from, publicly display,
     20 publicly perform, distribute and sublicense the Software for any purpose.
     21 
     22 Document License.  Subject to the terms of this Agreement, Adobe hereby grants
     23 you a non-exclusive, worldwide, royalty free license to make a limited number of
     24 copies of the Documentation for your development purposes and to publicly
     25 display, publicly perform and distribute such copies.  You may not modify the
     26 Documentation.
     27 
     28 2. RESTRICTIONS AND OWNERSHIP
     29 You will not remove any copyright or other notice included in the Software or
     30 Documentation and you will include such notices in any copies of the Software
     31 that you distribute in human-readable format.
     32 
     33 You will not copy, use, display, modify or distribute the Software or
     34 Documentation in any manner not permitted by this Agreement. No title to the
     35 intellectual property in the Software or Documentation is transferred to you
     36 under the terms of this Agreement. You do not acquire any rights to the Software
     37 or the Documentation except as expressly set forth in this Agreement. All rights
     38 not granted are reserved by Adobe.
     39 
     40 3. DISCLAIMER OF WARRANTY
     41 ADOBE PROVIDES THE SOFTWARE AND DOCUMENTATION ONLY ON AN "AS IS" BASIS WITHOUT
     42 WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
     43 WITHOUT LIMITATION ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
     44 MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADOBE MAKES NO WARRANTY
     45 THAT THE SOFTWARE OR DOCUMENTATION WILL BE ERROR-FREE. To the extent
     46 permissible, any warranties that are not and cannot be excluded by the foregoing
     47 are limited to ninety (90) days.
     48 
     49 4. LIMITATION OF LIABILITY
     50 ADOBE AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR LOSS OR DAMAGE ARISING OUT OF
     51 THIS AGREEMENT OR FROM THE USE OF THE SOFTWARE OR DOCUMENTATION. IN NO EVENT
     52 WILL ADOBE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
     53 CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES INCLUDING LOST PROFITS, LOST
     54 SAVINGS, COSTS, FEES, OR EXPENSES OF ANY KIND ARISING OUT OF ANY PROVISION OF
     55 THIS AGREEMENT OR THE USE OR THE INABILITY TO USE THE SOFTWARE OR DOCUMENTATION,
     56 HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
     57 LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF ADVISED OF THE
     58 POSSIBILITY OF SUCH DAMAGES. ADOBE'S AGGREGATE LIABILITY AND THAT OF ITS
     59 SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE
     60 AMOUNT PAID BY YOU FOR THE SOFTWARE AND DOCUMENTATION.
     61 
     62 5. INDEMNIFICATION
     63 If you choose to distribute the Software in a commercial product, you do so with
     64 the understanding that you agree to defend, indemnify and hold harmless Adobe
     65 against any losses, damages and costs arising from the claims, lawsuits or other
     66 legal actions arising out of such distribution.
     67 
     68 6. TRADEMARK USAGE
     69 Adobe and the DNG logo are the trademarks or registered trademarks of Adobe
     70 Systems Incorporated in the United States and other countries. Such trademarks
     71 may not be used to endorse or promote any product unless expressly permitted
     72 under separate agreement with Adobe. For information on how to license the DNG
     73 logo please go to www.adobe.com.
     74 
     75 7. TERM
     76 Your rights under this Agreement shall terminate if you fail to comply with any
     77 of the material terms or conditions of this Agreement. If all your rights under
     78 this Agreement terminate, you will immediately cease use and distribution of the
     79 Software and Documentation.
     80 
     81 8. GOVERNING LAW AND JURISDICTION. This Agreement is governed by the statutes
     82 and laws of the State of California, without regard to the conflicts of law
     83 principles thereof. The federal and state courts located in Santa Clara County,
     84 California, USA, will have non-exclusive jurisdiction over any dispute arising
     85 out of this Agreement.
     86 
     87 9. GENERAL
     88 This Agreement supersedes any prior agreement, oral or written, between Adobe
     89 and you with respect to the licensing to you of the Software and Documentation.
     90 No variation of the terms of this Agreement will be enforceable against Adobe
     91 unless Adobe gives its express consent in writing signed by an authorized
     92 signatory of Adobe. If any part of this Agreement is found void and
     93 unenforceable, it will not affect the validity of the balance of the Agreement,
     94 which shall remain valid and enforceable according to its terms.
     95