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<p class="c2"><b>ADOBE</b></p><br>
<p class="c2"><b>SOFTWARE DEVELOPMENT KIT LICENSE
FOR EXTENDSCRIPT.</b></p><br>
<p class="c4">NOTICE TO USER: THIS IS A LICENSE
AGREEMENT BETWEEN YOU AND ADOBE. BY INDICATING YOUR ACCEPTANCE AS
SET FORTH BELOW, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS
LICENSE AGREEMENT. THIS LICENSE AGREEMENT ACCOMPANIES THE
EXTENDSCRIPT SOFTWARE DEVELOPMENT KIT(S) FOR THE SOFTWARE AND
RELATED EXPLANATORY MATERIALS (THE “SDK”) AND
INCLUDES ANY UPGRADES, MODIFIED VERSIONS, UPDATES, ADDITIONS, AND
COPIES OF THE SDK LICENSED TO YOU BY ADOBE. THIS COPY OF THE SDK IS
LICENSED TO YOU AS THE END USER OR TO YOUR EMPLOYER OR ANOTHER
THIRD PARTY AUTHORIZED TO PERMIT YOUR USE OF THE SDK. YOU AGREE
THAT THIS LICENSE AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN
NEGOTIATED AGREEMENT SIGNED BY YOU AND THAT YOUR USE OF THE SDK
CONSTITUTES ACCEPTANCE OF THE AGREEMENT TERMS. IF YOU DO NOT AGREE
TO THE TERMS OF THIS AGREEMENT, DO NOT USE THIS SDK
SOFTWARE.</p><br>
<p class="c5"><b>1. DEFINITIONS.</b></p><br>
<p class="c6">In this License Agreement, SDK means
the ExtendScript Toolkit, Programming Language, Sample Code, Tools,
Documentation, and other related items. This License Agreement does
not govern the use of Adobe Products. See the end user license
agreements accompanying the Adobe Products for governing terms.
Adobe Products refer to Adobe’s application programs,
technologies and software such as Adobe developed plug-ins which
are or may be made available for licensing to the general public,
including any modified versions or upgrades thereof. Only those
items placed on Your computer by executing the SDK installer and/or
otherwise manually downloaded by You are part of this SDK.
Programming Language means the ExtendScript programming language
included in this SDK. Sample Code means software code that Adobe
has included for You to incorporate into Your application programs.
Tools refer to programs and Utilities that may be included for You
to test or compile Your application programs. Documentation means
any related explanatory materials accompanying the SDK.</p><br>
<p class="c6">“Adobe” means
Adobe Systems Incorporated, a Delaware corporation, 345 Park
Avenue, San Jose, California 95110, if Section 10 of this Agreement
applies; otherwise it means Adobe Systems Software Ireland Limited,
4-6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland, a
company organized under the laws of Ireland and an affiliate and
licensee of Adobe Systems Incorporated. Developer, You and Your
refer to any person or entity acquiring or using the SDK under the
terms of this License Agreement.</p><br>
<p class="c5"><b>2. ROYALTY-FREE
LICENSE.</b></p><br>
<p class="c6">Subject to the restrictions
contained in this Section 2, Adobe grants to You a nonexclusive,
nontransferable, royalty-free license to use the items in the SDK
only for the purpose of internal development of application
programs designed to function with Adobe products.</p><br>
<p class="c6">(a) Under this License Agreement,
You may use, modify or merge all or portions of the Sample Code
with Your application programs and distribute it only as part of
Your products in object code form. Any modified or merged portion
of the Sample Code is subject to this License Agreement. You are
required to include Adobe’s copyright notices on Your
application programs except for those programs in which You include
a copyright notice reflecting the copyright ownership of Developer
in such programs. You may not use Adobe’s name, logo or
trademarks to market Your products. You may not assign Your rights
or obligations granted under this License Agreement without the
prior written consent of Adobe. Any attempted assignment or
transfer without such prior written consent from Adobe shall be
void and of no effect.</p><br>
<p class="c6">(b) Subject to the permissions in
2(a) above, You may use the SDK solely for the purpose of internal
development. You may not include any portion of the SDK in Your
Developer products. You may not sell, sublicense, rent, loan or
lease any portion of the SDK to any third party. You may not
reverse engineer, decompile or disassemble any portion of the SDK.
To the extent that local law grants You the right to decompile
software in order to obtain information necessary to render the
software interoperable with other software, You shall first request
to Adobe in writing to provide You with the necessary information.
Adobe has the right to impose reasonable conditions such as a
reasonable fee for doing so. Requests for information should be
directed to the Adobe at the address provided in the SDK or such
other address made available on adobe.com from time to time. You
may make a limited number of copies of the SDK to be used by Your
employees or consultants as provided herein, and not for general
business purposes, and such employees or consultants shall be
subject to this License Agreement. You may use the Programming
Language only as provided in the Adobe Documentation applicable
thereto.</p><br>
<p class="c5"><b>3. PROPRIETARY
RIGHTS.</b></p><br>
<p class="c6">The items contained in the SDK are
the intellectual property of Adobe and its suppliers 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. You agree to protect all copyright and other ownership
interests of Adobe and/or its suppliers in all items in the SDK
supplied under this License Agreement. You agree that all copies of
the items in the SDK, reproduced for any reason by You, contain the
same copyright notices, and other proprietary notices as
appropriate, as they appear on or in the master items delivered by
Adobe in the SDK. Adobe and/or its suppliers retain title and
ownership of the items in the SDK, the media on which it is
recorded, and all subsequent copies, regardless of the form or
media in or on which the original and other copies may exist.
Except as stated above, this License Agreement does not grant You
any rights to patents, copyrights, trade secrets, trademarks or any
other rights in respect to the items in the SDK.</p><br>
<p class="c5"><b>4. TERM.</b></p><br>
<p class="c6">This License Agreement is effective
until terminated. Adobe has the right to terminate this License
Agreement immediately, without judicial intervention, if You fail
to comply with any term herein. Upon any such termination You must
remove all full and partial copies of the items in the SDK from
Your computer and discontinue the use of the items in the
SDK.</p><br>
<p class="c5"><b>5. DISCLAIMER OF
WARRANTY.</b></p><br>
<p class="c6">Adobe licenses the SDK to Developer
only on an “AS-IS” basis. Adobe makes no
representation with respect to the adequacy of any items in the
SDK, whether or not used by You in the development of any products,
for any particular purpose or with respect to their adequacy to
produce any particular result. Adobe and its suppliers shall not be
liable for loss or damage arising out of this License Agreement or
from the distribution or use of Developers products containing
portions of the SDK. ADOBE AND ITS SUPPLIERS DISCLAIM ALL
WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE OR NONINFRINGEMENT OF ANY THIRD PARTY RIGHT IN
RESPECT OF THE ITEMS IN THE SDK OR ANY SERVICES RELATED TO THE
SDK.</p><br>
<p class="c6">Some states or jurisdictions do not
allow the exclusion or limitation of incidental, consequential or
special damages, or the exclusion of implied warranties or
limitations on how long an implied warranty may last, so the above
limitations may not apply to You. You may have rights which vary
from state to state or jurisdiction to jurisdiction. The foregoing
does not affect or prejudice Your statutory rights. To the extent
permissible any implied warranties are limited to ninety (90) days.
For further warranty information You may contact Adobe’s
Customer Support Department. Adobe is under no obligation to
provide any support under this License Agreement, including
upgrades or future versions of the SDK or any portions thereof, to
Developer, end user or to any other party. Adobe is acting on
behalf of its suppliers for the purpose of disclaiming, excluding
and/or restricting obligations, warranties and liability as
provided in this Section 5, but in no other respects and for no
other purpose.</p><br>
<p class="c5"><b>6. LIMITATION OF
LIABILITY.</b></p><br>
<p class="c6">Notwithstanding any other provisions
of this License Agreement, Adobe’s liability to You under
this License Agreement shall be limited to the amount paid by You
for the SDK. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO
YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES INCLUDING
DAMAGES FOR ANY LOST PROFITS, LOST SAVINGS, LOSS OF DATA, COSTS,
FEES OR EXPENSES OF ANY KIND OR NATURE ARISING OUT OF ANY PROVISION
OF THIS LICENSE AGREEMENT OR THE USE OR INABILITY TO USE THE ITEMS
IN THE SDK, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY PARTY. Some
jurisdictions do not allow the exclusion or limitation of
incidental, consequential or special damages, so the above
limitation or exclusion may not apply to You. Nothing contained in
this Agreement shall prejudice the statutory rights of any party
dealing as a consumer.</p><br>
<p class="c5"><b>7.
INDEMNIFICATION.</b></p><br>
<p class="c6">Developer agrees to indemnify, hold
harmless, and defend Adobe from and against any claims or lawsuits,
including attorneys’ fees, that arise or result from the
use and distribution of Developer’s products that contains
or is based upon any portion of the SDK, provided that Adobe gives
Developer prompt written notice of any such claim, tenders to
Developer the defense or settlement of such a claim at
Developer’s expense and cooperates with Developer, at
Developer expense, in defending or settling such claim.</p><br>
<p class="c5"><b>8. CHOICE OF LAW.</b></p><br>
<p class="c6">This Agreement will be governed by
and construed in accordance with the substantive laws in force:
(a) in the State of California, if a license to the Software
is obtained when You are in the United States, Canada, or Mexico;
or (b) in Japan, if a license to the Software is obtained when
You are in Japan, China, Korea, R.O.C, or other Southeast Asian
country where all official languages are written in either an
ideographic script (e.g., Hanzi, Kanji, or Hanja), and/or other
script based upon or similar in structure to an ideographic script,
such as Hangul or Kana; or (c) the Republic of Ireland, if a
license to the Software is obtained when You are in any other
jurisdiction not described above. The respective courts of Santa
Clara County, California when California law applies, Tokyo
District Court in Japan, when Japanese law applies, and the courts
of the Republic of Ireland, when the law of the Republic of Adobe
Ireland applies, shall 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. </p><br>
<p class="c5"><b>9. U.S. GOVERNMENT
REGULATIONS.</b></p><br>
<p class="c6">You agree that any Developer product
that includes Sample Code or Programming Language (i) will
include in its license agreement a reference to applicable U.S.
Government regulations that control licensing of software, and
(ii) will not be shipped, transferred or exported into any
country or used in any manner prohibited by the United States
Export Administration Act. In addition, if any part of the Package
is identified as export controlled items under the Export Laws, You
represent and warrant that You are not a citizen, or otherwise
located within, an embargoed nation (including without limitation
Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and
that You are not otherwise prohibited under the Export Laws from
receiving the Software. All rights to use the Software are granted
on condition that such rights are forfeited if You fail to comply
with the terms of this Agreement.</p><br>
<p class="c5"><b>10. WAIVER.</b></p><br>
<p class="c6">None of the provisions of this
License Agreement shall be deemed to have been waived by any act or
acquiescence on the part of Adobe, its agents or employees, but
only by an instrument in writing signed by an officer of
Adobe.</p><br>
<p class="c5"><b>11. INTEGRATION.</b></p><br>
<p class="c6">When conflicting language exists
between this License Agreement and any other agreement included in
the SDK, this License Agreement shall supersede. If either Adobe or
Developer employs attorneys to enforce any rights arising out of or
relating to this License Agreement, the prevailing party shall be
entitled to recover reasonable attorneys’ fees. You
acknowledge that You have read this License Agreement, understand
it and that it is the complete and exclusive statement of Your
agreement with Adobe which supersedes any prior agreement, oral or
written, between Adobe and You with respect to the licensing to You
of the SDK. No variation of the terms of this License Agreement
will be enforceable against Adobe unless Adobe gives its express
consent, in writing signed by an officer of Adobe. The English
language version of this Agreement shall be the version used in the
event any dispute arises hereunder. All translations of this
Agreement are for convenience only and shall not be used by the
parties or any court when interpreting or construing this
Agreement.</p><br>
<p class="c7">ExtendScript
Toolkit_SDK_IHC-en_US-20091210 </p><br>
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