Adobe flex

ADOBE SYSTEMS INCORPORATED
SDK LICENSE AGREEMENT
ADOBE® AIR® 2 SDK
1. NO WARRANTY, LIMITATION OF LIABILITY, BINDING AGREEMENT AND
ADDITIONAL TERMS AND AGREEMENTS.
1.1 NO WARRANTY. YOU ACKNOWLEDGE THAT THE SDK (AS DEFINED BELOW) MAY BE
PRONE TO BUGS AND/OR STABILITY ISSUES. THE SDK IS PROVIDED TO YOU “AS IS,” AND
ADOBE AND ITS SUPPLIERS DISCLAIM ANY WARRANTY OR LIABILITY OBLIGATIONS TO
YOUOF ANY KIND. YOU ACKNOWLEDGE THAT ADOBE MAKES NO EXPRESS, IMPLIED, OR
STATUTORY WARRANTY OF ANY KIND WITH RESPECT TO THE SDK INCLUDING ANY
WARRANTY WITH REGARD TO PERFORMANCE, MERCHANTABILITY, SATISFACTORY
QUALITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU BEAR
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SDK AND YOUR USE
OF AND OUTPUT FROM THE SDK. Adobe is notobligated to provide maintenance, technical support or
updates to you for any portion of the SDK. The foregoing limitations, exclusions and limitations shall apply
to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
1.2 Limitation of Liability. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO YOU
FOR ANY LOSSES, DAMAGES, CLAIMS OR COSTSWHATSOEVER INCLUDING ANY
CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST
SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY
OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY EVEN IF AN
ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES,
DAMAGES, CLAIMS OR COSTS. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY
TO THEEXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ADOBE’S
AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH
THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SDK, IF ANY. THIS
LIMITATION ON ADOBE AND ITS SUPPLIERS WILL APPLY EVEN IN THE EVENT OF A
FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR
MATERIAL TERMS OF THIS AGREEMENT. Nothingcontained in this agreement limits Adobe’s, or its
suppliers, liability to you in the event of death or personal injury resulting from Adobe’s negligence or for
the tort of deceit (fraud). Adobe is acting on behalf of its suppliers for the purpose of disclaiming,
excluding and limiting obligations, warranties and liability, but in no other respects and for no other
purpose.
1.3 BindingAgreement. This agreement governs installation and use of the SDK. You agree that this
agreement is like any written negotiated agreement signed by you. By downloading, installing,
copying, modifying or distributing all or any portion of the SDK, you accept all of the terms and
conditions of this agreement. This agreement is enforceable against you and any legal entity that
obtained the SDK and onwhose behalf they are used: for example, your employer. If you do not
agree to the terms of this agreement, do not use the SDK.
1.4 Additional Terms and Agreements. You may have a separate written agreement with Adobe that
supplements or supersedes all or portions of this agreement. Your use of some third party materials
included in the SDK may be subject to other terms and conditions typicallyfound in a separate license
agreement or a “Read Me” file located near such materials or in the “Third Party Software Notices and/or
Additional Terms and Conditions” found at http://www.adobe.com/go/thirdparty. Such other terms and
conditions will supersede all or portions of this agreement in the event of a conflict with the terms and
conditions of this agreement.

2. DEFINITIONS.“Adobe” means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose,
California 95110, if Section 14(a) 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.
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