| DNG SDK License Agreement |
| NOTICE TO USER: |
| Adobe Systems Incorporated provides the Software and Documentation for use under |
| the terms of this Agreement. Any download, installation, use, reproduction, |
| modification or distribution of the Software or Documentation, or any |
| derivatives or portions thereof, constitutes your acceptance of this Agreement. |
| |
| As used in this Agreement, "Adobe" means Adobe Systems Incorporated. "Software" |
| means the software code, in any format, including sample code and source code, |
| accompanying this Agreement. "Documentation" means the documents, specifications |
| and all other items accompanying this Agreement other than the Software. |
| |
| 1. LICENSE GRANT |
| Software License. Subject to the restrictions below and other terms of this |
| Agreement, Adobe hereby grants you a non-exclusive, worldwide, royalty free |
| license to use, reproduce, prepare derivative works from, publicly display, |
| publicly perform, distribute and sublicense the Software for any purpose. |
| |
| Document License. Subject to the terms of this Agreement, Adobe hereby grants |
| you a non-exclusive, worldwide, royalty free license to make a limited number of |
| copies of the Documentation for your development purposes and to publicly |
| display, publicly perform and distribute such copies. You may not modify the |
| Documentation. |
| |
| 2. RESTRICTIONS AND OWNERSHIP |
| You will not remove any copyright or other notice included in the Software or |
| Documentation and you will include such notices in any copies of the Software |
| that you distribute in human-readable format. |
| |
| You will not copy, use, display, modify or distribute the Software or |
| Documentation in any manner not permitted by this Agreement. No title to the |
| intellectual property in the Software or Documentation is transferred to you |
| under the terms of this Agreement. You do not acquire any rights to the Software |
| or the Documentation except as expressly set forth in this Agreement. All rights |
| not granted are reserved by Adobe. |
| |
| 3. DISCLAIMER OF WARRANTY |
| ADOBE PROVIDES THE SOFTWARE AND DOCUMENTATION ONLY ON AN "AS IS" BASIS WITHOUT |
| WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING |
| WITHOUT LIMITATION ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, |
| MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADOBE MAKES NO WARRANTY |
| THAT THE SOFTWARE OR DOCUMENTATION WILL BE ERROR-FREE. To the extent |
| permissible, any warranties that are not and cannot be excluded by the foregoing |
| are limited to ninety (90) days. |
| |
| 4. LIMITATION OF LIABILITY |
| ADOBE AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR LOSS OR DAMAGE ARISING OUT OF |
| THIS AGREEMENT OR FROM THE USE OF THE SOFTWARE OR DOCUMENTATION. IN NO EVENT |
| WILL ADOBE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, |
| CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES INCLUDING LOST PROFITS, LOST |
| SAVINGS, COSTS, FEES, OR EXPENSES OF ANY KIND ARISING OUT OF ANY PROVISION OF |
| THIS AGREEMENT OR THE USE OR THE INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, |
| HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT |
| LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF ADVISED OF THE |
| POSSIBILITY OF SUCH DAMAGES. ADOBE'S AGGREGATE LIABILITY AND THAT OF ITS |
| SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE |
| AMOUNT PAID BY YOU FOR THE SOFTWARE AND DOCUMENTATION. |
| |
| 5. INDEMNIFICATION |
| If you choose to distribute the Software in a commercial product, you do so with |
| the understanding that you agree to defend, indemnify and hold harmless Adobe |
| against any losses, damages and costs arising from the claims, lawsuits or other |
| legal actions arising out of such distribution. |
| |
| 6. TRADEMARK USAGE |
| Adobe and the DNG logo are the trademarks or registered trademarks of Adobe |
| Systems Incorporated in the United States and other countries. Such trademarks |
| may not be used to endorse or promote any product unless expressly permitted |
| under separate agreement with Adobe. For information on how to license the DNG |
| logo please go to www.adobe.com. |
| |
| 7. TERM |
| Your rights under this Agreement shall terminate if you fail to comply with any |
| of the material terms or conditions of this Agreement. If all your rights under |
| this Agreement terminate, you will immediately cease use and distribution of the |
| Software and Documentation. |
| |
| 8. GOVERNING LAW AND JURISDICTION. This Agreement is governed by the statutes |
| and laws of the State of California, without regard to the conflicts of law |
| principles thereof. The federal and state courts located in Santa Clara County, |
| California, USA, will have non-exclusive jurisdiction over any dispute arising |
| out of this Agreement. |
| |
| 9. GENERAL |
| This Agreement supersedes any prior agreement, oral or written, between Adobe |
| and you with respect to the licensing to you of the Software and Documentation. |
| 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. If any part of this Agreement is found void and |
| unenforceable, it will not affect the validity of the balance of the Agreement, |
| which shall remain valid and enforceable according to its terms. |