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ACROBAT SOFTWARE DEVELOPMENT KIT ELECTRONIC LICENSE AGREEMENT
Notice to User: THIS IS A CONTRACT BETWEEN YOU AND ADOBE SYSTEMS INCORPORATED ("ADOBE"), A DELAWARE, U.S.A. CORPORATION. BY INDICATING YOUR ACCEPTANCE BELOW, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
This License Agreement in electronic form accompanies Adobe's Acrobat Software Development Kit ("SDK"), related explanatory materials 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 under the terms and conditions set forth below. The licensee must read this License Agreement carefully before indicating acceptance at the end of the text of this License Agreement. If You are the licensee and You do not agree with the terms and conditions of this License Agreement, decline where instructed at the end of this electronic version and return the SDK to Adobe.
1. DEFINITIONS
In this Agreement,
"SDK" means Acrobat Software, Adobe Software, Sample Code, API Information, documentation in on-line format and related items.
"Acrobat Software" means the Adobe Acrobat Æ Reader application program and any updates thereof.
"Adobe Software" means the Reader plug-in enabling utilities software programs in object code format.
"Sample Code" means sample software in source code format.
"API Information" means the Acrobat Viewer Plug-Ins API (Application Programming Interface) documentation, header files, the Viewer Plug-Ins APIs as defined in the header files and demonstrated in the plug-in example code, and related information. "Adobe" means Adobe Systems Incorporated.
"Developer Programs" means the application programs designed to (i) function with Adobe Acrobat products and/or (ii) include Sample Code; and
"Developer", "You" and "Your" refer to any person or entity acquiring or using this SDK.
2. LICENSE
Subject to the terms and conditions of this Agreement, Adobe grants to You a nonexclusive, nontransferable, royalty-free license to use the items in this SDK for the purposes of internally developing Developer Programs in connection with Adobe Acrobat products and incorporating portions or all of the Sample Code into Developer Programs. Under this License, You may use, modify and merge the Sample Code with Developer Programs. Any modified or merged portion of the Sample Code is subject to this Agreement.
You may distribute Sample Code in object code format only as substantially modified and only as part of Developer Programs. The Sample Code shall be distributed to Your customers under the terms of Your standard End User License Agreement, provided it includes terms that are substantially similar to those applicable to the Sample Code, as described herein. You are required to include Adobeís copyright notices on Developer Programs that include portions of Sample Code, except for those Programs in which You include a copyright notice reflecting the copyright ownership of Developer in such Programs.
You may use the Acrobat Software or the documentation included in this SDK subject to End User Licenses or conditions stated on the documentation, respectively. You may use API Information subject to Sections 3 and 4 below. You may use Acrobat Software, Adobe Software, the documentation or API Information solely for the purpose of internal development. You may not (i) include Acrobat Software, Adobe Software, the documentation, or API Information in Developer Programs under this Agreement or (ii) sell, sublicense, rent, loan or lease Acrobat Software, Adobe Software, the documentation, or API Information to any third party. You may not reverse engineer, reverse compile, decompile or disassemble Acrobat Software, Adobe Software. You may make a limited number of copies of the documentation to be used by Your employees or consultants for internal development purposes and not for general business purposes or for distribution by any means, and such employees or consultants shall be subject to this License Agreement.
You may distribute Acrobat Software with Your Developer Programs only under license from Adobe. You may use specified Acrobat product signature trademarks to market Developer Programs that include Acrobat Reader or Developer Programs that do not include Acrobat Software by entering into the Adobe Acrobat Software Trademark License Agreement for Third Party Developers ("Trademark License"). Further licensing information, the Trademark License and the "Guidelines for Using the Adobe Acrobat Product Signatures" are available through the Adobe Developersí Association, at 345 Park Avenue, San Adobe Developersí Association, at 345 Park Avenue, San Jose CA 95110 Jose CA 95110-2704, or by telephone at (408) -2704, or by telephone at (408) 536 536-9000. Adobe is under no obligation to provide any support under this Agreement, including upgrades or future versions of Acrobat Software, Sample Code, Adobe Software or other items in this SDK, to Developer, end users or to any other party.
3. API INFORMATION USE RESTRICTIONS
You agree that You will not use the API Information to do any of the following:
(a) remove the menu item that calls up the Acrobat "About Screen" in any Acrobat product or any product incorporating an Acrobat Product or any part thereof;
(b) create or develop any program or software that can both (i) communicate with Acrobat
Reader AND (ii) that can also modify or save a PDF (Portable Document Format) document
(including saving any modifications to a separate file for such documents);
(c) create or develop any program or software capable of viewing a PDF document that exposes the APIs described in Section 1, above;
(d) create or develop any program or software that will work as a plug-in with Acrobat Reader, unless specifically licensed to do so by Adobe; or
(e) open encrypted documents without the authorized knowledge of the document passwords or violate the access rights specified for a document, or create any products that will perform either of such functions.
4. CONFIDENTIAL INFORMATION
With respect to the API Information, You agree that You will treat the API Information with the same degree of care as You accord to Your own confidential information, which You exercise reasonable care to protect. Your obligations under this section with respect to the API Information shall terminate when You can document that (i) it was in the public domain at or subsequent to the time it was communicated to You by Adobe through no fault of yours; (ii) it was developed by Your employees or agents independently of and without reference to any information communicated to You by Adobe; or (iii) the communication 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 either party under this Agreement.
5. PROPRIETARY RIGHTS
You agree to protect Adobeís copyright and other ownership interests in all items in this SDK. You agree that all copies of items in this SDK reproduced for any reason by You will contain the same copyright, trademark, and other proprietary notices as appropriate, as appear on or in the master items delivered by Adobe in this SDK. Adobe and/or its suppliers retain title and ownership of the items in this 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 herein, this Agreement does not grant You any rights to patents, copyrights, trade secrets, trademarks or any other rights in respect to the items in this Acrobat SDK License Agreement.
6. TERM
This License Agreement is effective until terminated. Adobe has the right to terminate Your License
immediately if You fail to comply with any term of this Agreement. Upon any such termination You must return all full and partial copies of the items in this SDK immediately to Adobe.
7. DISCLAIMER OF WARRANTY
Adobe licenses the Sample Code, Adobe Software, API Information, documentation and related items in this SDK to Developer only on an "AS IS" basis. With respect to the Sample Code, API Information and other items in the SDK used in the development of Developer Programs, Adobe makes no representation as to their adequacy for any particular purpose or to produce any particular result. Adobe shall not be liable for loss or damage arising out of this Agreement or from the distribution or use of Developer Programs. ADOBE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF ANY THIRD PARTY RIGHT IN RESPECT OF THE ITEMS IN THIS SDK OR ANY SERVICES RELATED THERETO. Some states or provinces do not allow 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 province to province. For further warranty information You may contact the Adobe Developersí Association at the address provided above.
8. LIMITATION OF LIABILITY
IN NO EVENT WILL ADOBE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES INCLUDING ANY LOST PROFITS, LOST SAVINGS, COSTS, FEES OR EXPENSES OF ANY KIND OR NATURE ARISING OUT OF ANY PROVISION OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE ITEMS IN THIS SDK, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY PARTY. Some states do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitation or exclusion may not apply to You.
Notwithstanding any other provisions of this Agreement, Adobeís liability to You under this Agreement shall be limited to the amount paid by You for this SDK.
9. INDEMNIFICATION
Developer agrees to indemnify, hold harmless, and defend Adobe from and against any claims or lawsuits, including attorneysí reasonable fees, that arise or result from the use or distribution of Developer Programs containing the Sample Code, provided that Adobe gives Developer prompt written notice of any such claim, tenders to Developer the defense or settlement of such a claim at Developerís expense and cooperates with Developer, at Developer expense, in defending or settling such claim.
10. GOVERNMENT REGULATIONS REGULATIONS
You agree that this SDK will not be shipped, transferred or exported into any country or used in any
manner prohibited by the United States Export Administration Act. You agree that any Developer
Program that includes modified Sample Code (i) will include in its license agreement a reference to
applicable U.S. Government regulations which 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.
11. GENERAL
You may not assign Your rights or obligations granted under this Agreement without the prior written consent of Adobe. This Agreement shall be governed by the laws in force in the State of California, excluding the application of its conflict of law rules. None of the provisions of this 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 authorized signatory of Adobe.
It is expressly agreed that a breach of Sections 3 or 4 of this Agreement may cause irreparable harm to Adobe and that a remedy at law may be inadequate. Therefore, in addition to any and all remedies available at law, Adobe will be entitled to seek an injunction or other equitable remedies in all legal proceedings in the event of any threatened or actual violation thereof.
When conflicting language exists between this License Agreement and any other agreement included in this SDK, this Agreement shall supersede. If either Adobe or Developer employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneysí fees. You acknowledge that You have read this 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 this SDK. No variation of the terms of this Agreement will be enforceable against Adobe unless Adobe gives its express consent, in writing signed by an authorized signatory of Adobe.
Adobe, Acrobat, Acrobat Exchange and Distiller are trademarks of Adobe Systems Incorporated. Macintosh is a registered trademark of Apple Computer, Inc. Windows is a trademark of Microsoft Corporation. UNIX is a registered trademark in the United States and other countries licensed exclusively through X/Open Company Ltd. Installing this SDK indicates Your Acceptance of the foregoing Agreement. If you choose to Decline the foregoing Agreement, you should cancel the install process.
