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ADOBE SYSTEMS INCORPORATED WARRANTY DISCLAIMER AND LICENSE AGREEMENT ADOBE® AIR® SDK NOTICE TO USER: THIS DOCUMENT INCLUDES A WARRANTY DISCLAIMER (PART I) AND AN SDK LICENSE AGREEMENT (PART II). PART I. WARRANTY DISCLAIMER AND LIABILITY LIMITATION Adobe provides the SDK Components (defined below) to you “AS IS.” ADOBE AND ITS SUPPLIERS DISCLAIM ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTY OF ANYKIND WITH RESPECT TO THE SDK COMPONENTS INCLUDING, BUT NOT LIMITED TO, 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 COMPONENTS. The foregoing exclusions and limitations will apply to the maximum extent permitted by applicable law, even ifany remedy fails its essential purpose. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER ARISING FROM THE SDK COMPONENTS OR YOUR USE OF THE SDK COMPONENTS, INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHLOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. IN ANY EVENT, ADOBE'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THE SDK COMPONENTS WILL BE LIMITED TO TEN U.S. DOLLARS. Nothing limits liability to you in the event of death or personal injuryresulting from negligence or for the tort of deceit (fraud). Adobe is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability, but in no other respects and for no other purpose.

PART II. SDK LICENSE AGREEMENT ADOBE SOFTWARE DEVELOPMENT KIT LICENSE AGREEMENT ADOBE AIR NOTICE TO USER: THIS LICENSE AGREEMENT GOVERNSINSTALLATION AND USE OF THE SDK COMPONENTS (AS DEFINED BELOW). YOU AGREE THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. BY DOWNLOADING, INSTALLING, COPYING, MODIFYING OR DISTRIBUTING ANY SDK COMPONENT, 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 COMPONENTS AND ON WHOSEBEHALF THEY ARE USED: FOR EXAMPLE, YOUR EMPLOYER. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SDK COMPONENTS. YOU MAY HAVE A SEPARATE WRITTEN AGREEMENT WITH ADOBE THAT SUPPLEMENTS OR SUPERSEDES ALL OR PORTIONS OF THIS AGREEMENT. Use of some third party materials included in the SDK Components may be subject to other terms and conditions typically found in a separate licenseagreement 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.

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DEFINITIONS.

“Adobe” means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose, California 95110. “Build Tools” means build files, compilers, runtime libraries (but not the completeRuntime Software), and other tools accompanying this agreement, including, for example, the contents of the Bin, Lib, and runtime directories, adl.exe, adl.bat, and adt.jar. “Developer Application” means your application software that interoperates with the Runtime Software and complies with the requirements of this Agreement, for example, Section 4.1. “Documentation” means the written materialsaccompanying this agreement, including, for example, technical specifications, file format documentation and application programming interface (API) information. “Effective Date” means the date that you download or otherwise access the SDK Components. “Material Improvement” means perceptible, measurable and definable improvements that provide extended or additional significant and primary...