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Adobe XMP Toolkit License.txt
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2005-11-16
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ADOBE SYSTEMS INCORPORATED
OPEN SOURCE LICENSE
NOTICE TO USER: Adobe Systems Incorporated is providing the Software and
Documentation for use under the terms of this Agreement. Any 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 accompanying this Agreement. "Documentation" means the
documents, specifications and all other items accompanying this Agreement other
than the Software.
1. LICENSE GRANTSubject to the 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, provided the copyright notice below
appears in a conspicuous location within the source code of the distributed
Software and this license is distributed in the supporting documentation of the
Software you distribute.
Copyright (date here) Adobe Systems Incorporated and others. All rights
reserved. The original version of this source code may be found at
http://adobe.com.
Subject to the terms of this Agreement, Adobe hereby grants you a non-exclusive,
worldwide, royalty free license to use, reproduce, publicly display, publicly
perform, distribute and sublicense the Documentation for any purpose. You may
not modify the Documentation.
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.
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. You may distribute the Software
in object code form under your own license, provided that your license
agreement:
(a) complies with the terms and conditions of this license agreement;
(b) effectively disclaims all warranties and conditions, express or implied,
on behalf of Adobe;
(c) effectively excludes all liability for damages on behalf of Adobe;
(d) states that any provisions that differ from this Agreement are offered by
you alone and not Adobe; and
(e) states that the Software is available from you or Adobe and informs
licensees how to obtain it in a reasonable manner on or through a medium
customarily used for software exchange.
2. DISCLAIMER OF WARRANTY
ADOBE LICENSES THE SOFTWARE AND DOCUMENTATION TO YOU 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. Each user of
the Software or Documentation is solely responsible for determining the
appropriateness of using and distributing the Software and Documentation and
assumes all risks associated with its exercise of rights under this Agreement,
including but not limited to the risks and costs of program errors, compliance
with applicable laws, damage to or loss of data, programs, or equipment, and
unavailability or interruption of operations. Use of the Software and
Documentation is made with the understanding that Adobe will not provide you
with any technical or customer support or maintenance. Some states or
jurisdictions 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. To the extent permissible, any implied warranties are limited to ninety
(90) days.
3. 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.
4. TRADEMARK USAGE
Adobe and XMP 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.
5. TERM
Your rights under this Agreement shall terminate if you fail to comply with any
of the material terms or conditions of this Agreement and do not cure such
failure in a reasonable period of time after becoming aware of such
noncompliance. If all your rights under this Agreement terminate, you agree to
cease use and distribution of the Software and Documentation as soon as
reasonably practicable.
6. 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. 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. Any dispute
arising out of or related to this Agreement shall be brought in the courts of
Santa Clara County, California, USA.
7. GENERAL
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 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.
MetadataFrameworkSDK.09.13.01_10:44