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authorKacper Kowalik (Xarthisius) <xarthisius.kk@gmail.com>2012-03-12 13:16:17 +0100
committerKacper Kowalik (Xarthisius) <xarthisius.kk@gmail.com>2012-03-12 13:16:17 +0100
commitdc212b0ad793b75f1d4e6b0a6ac2d9fe46ae5fd2 (patch)
treefaac6c273e3a68c80135f11009776ab9e3eec699 /licenses
parentMerge branch 'master' of git+ssh://git.overlays.gentoo.org/dev/xarthisius (diff)
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[dev-util/adobe-air-sdk-bin] initial import, ebuild taken from sabayon
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+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
+YOU OF 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 not obligated 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 COSTS WHATSOEVER 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 THE EXTENT 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. Nothing contained 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 Binding Agreement. 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 on whose 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 typically found 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.
+
+“Build Tools” means build files, compilers, runtime libraries (but not the complete Runtime Software) and
+other tools not included in the separate PFI Build 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 complies with the requirements of this
+agreement, including Section 5.1, and that either (a) interoperates with the Runtime Software or (b) is an
+application produced for the iPhone from the PFI Build Tools, if the version of the SDK provided to you in
+connection with this agreement includes such files.
+
+“Documentation” means the written materials accompanying 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.
+
+“Material Improvement” means perceptible, measurable and definable improvements that provide
+extended or additional significant and primary functionality that adds significant business value.
+
+“Object Code Redistributables” means those files in object code format located in the lib/aot/lib folder, if
+included with the version of the SDK provided to you in connection with this agreement.
+
+“PFI Build Tools” means build files, compilers, runtime libraries (but not the complete Runtime Software)
+related to and including pfi, pfi.bat and pfi.jar (if such files are included with the version of the SDK
+provided to you in connection with this agreement).
+
+“Runtime Components” means any of the individual files, libraries or executable code contained in the
+Runtime Software directory (e.g., the runtime folder ) or the Runtime Software utilities included in the
+utilities directory or installer files. Adobe AIR.dll, runtime executables, template.exe and template.app are
+examples of Runtime Components.
+
+“Runtime Software” means the Adobe runtime software in object code format named “Adobe AIR” that is
+to be installed by end-users and all updates to such software made available by Adobe.
+
+“SDK” means the Build Tools, PFI Build Tools, Documentation, Object Code Redistributables, Runtime
+Components, SDK Source Files and Sample Code.
+
+“SDK Source Files” means source code files included in the directory “frameworks” that accompany this
+agreement.
+
+“Sample Code” means sample software in source code format designated in the Documentation or
+directories as “sample code,” “samples,” “sample application code,” “quickstart code” or “snippets.”
+
+3. LICENSE.
+
+Subject to the terms and conditions of this agreement, including the requirements and restrictions below,
+Adobe grants you the non-exclusive, non-transferable right to use the SDK in accordance with the
+Documentation as follows:
+
+3.1 Installation, Use and Copying. You may install and use the Build Tools, PFI Build Tools and Runtime
+Components solely for purpose of developing compliant Developer Applications. You may make a limited
+and reasonable number of copies of the SDK for purposes of your internal development of Developer
+Applications.
+
+3.2 Modification. You may modify the Sample Code and SDK Source Files provided to you in human
+readable (i.e., source code) format. You may incorporate the modified Sample Code and SDK Source Files
+into your Developer Applications. You may not modify the Build Tools, PFI Build Tools (except for files
+that are covered by third party licenses that allow you to do so), Documentation or the Runtime Software in
+any manner. In no event may you take any action to make the SDK subject to a license or scheme in which
+there is or could be interpreted that, as a condition of use, modification and/or distribution, the SDK be
+(a) disclosed or distributed in source code form; (b) licensed for the purpose of making derivative works; or
+(c) redistributable at no charge. You may not delete or in any manner alter the copyright notices,
+trademarks, logos or related notices, or other proprietary rights notices of Adobe (and its licensors, if any)
+appearing on or within any portion of the SDK other than Sample Code or SDK Source Files that are
+substantially modified by you in accordance with this agreement.
+
+3.3 Distribution.
+
+(a) Distribution Rights. Subject to the provisions of this agreement, including the requirements and
+restrictions below, you may copy and distribute the Sample Code, SDK Source Files and Object Code
+Redistributables as follows:
+
+(i) Distribution with Developer Application. You may distribute (A) Sample Code and SDK Source Files
+in source code, object code, modified or unmodified form, in all cases incorporated into your Developer
+Application and (B) Object Code Redistributables only as incorporated automatically (i.e., incorporated
+solely as a byproduct of your use of the PFI Build Tools) into a Developer Application for the iPhone; and
+
+(ii) Distribution of Sample Code Stand-alone. You may distribute Sample Code (but not SDK Source
+Files) in source code or object code format on a stand-alone basis or as bundled with other software, as
+long as you first make modifications to such code that result in Material Improvements; and
+
+(iii) Distribution of SDK Source Files. You may distribute SDK Source Files (but not the Sample Code)
+in source code or object code format on a stand-alone basis or as bundled with other components useful to
+developers, as long as you first make modifications to such files that result in Material Improvements, and
+provided that you (A) include a copyright notice reflecting copyright ownership in such modified files, and
+(B) do not use “mx,” “mxml,” “flex,” “flash,” “fl” or “adobe” in any new package or class names
+distributed with the SDK Source Files.
+
+(iv) Distribution of Build Tools and PFI Build Tools. This agreement does not grant you the right to
+distribute the Build Tools, PFI Build Tools (except for files that are covered by third party licenses that
+allow you to do so), Documentation or Runtime Software. In no event may you take any action to make the
+SDK subject to a license or scheme in which there is or could be interpreted that, as a condition of use,
+modification and/or distribution, the SDK be (A) disclosed or distributed in source code form; (B) licensed
+for the purpose of making derivative works; or (C) redistributable at no charge. For information about
+obtaining the right to distribute such components with your product or service, please refer
+to http://www.adobe.com/go/redistributeairsdk.
+
+(b) Distribution Requirements. If you distribute the Sample Code or SDK Source Files under this
+agreement, you must include a copyright notice in such code, files, the relevant Developer Application or
+other larger work incorporating such code or files. You may not (i) make any statement that any Developer
+Application or other software is “certified” or otherwise guaranteed by Adobe or (ii) use Adobe’s name or
+trademarks to market any Developer Application or other software without written permission from Adobe.
+Adobe is not responsible to you or any other party for any software update or support or other liability that
+may arise from your distribution.
+
+4. INDEMNIFICATION.
+
+You agree to hold Adobe harmless from any and all liabilities, losses, actions, damages or claims
+(including product liability, warranty and intellectual property claims, and all reasonable expenses, costs
+and attorneys fees) arising out of or relating to your distribution of all or any portion of the SDK or any
+Developer Application; provided that Adobe cooperates with you, at your expense, in resolving any such
+claim.
+
+5. DEVELOPMENT REQUIREMENTS AND RESTRICTIONS.
+
+5.1 Development. You shall not create or distribute any software, including any Developer Application
+that interoperates with individual Runtime Components in a manner not documented by Adobe. You shall
+not create or distribute any software, including any Developer Application that is designed to interoperate
+with an un-installed instance of the Runtime Software. You shall not create or distribute any Developer
+Application that runs without installation. You are not permitted to install or use the Build Tools, PFI Build
+Tools or other portions of the SDK to develop software prohibited by this agreement. Failure to comply
+with this Section 5.1 is a breach of this agreement that immediately terminates all rights granted to you
+herein.
+
+5.2 Other Prohibitions. You will not use the SDK to create, develop or use any program, software or
+service that (a) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer
+programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or
+expropriate any system, data or personal information, (b) when used in the manner in which it is intended
+or marketed, violates any law, statute, ordinance, regulation or rights (including any laws, regulations or
+rights respecting intellectual property, computer spyware, privacy, export control, unfair competition,
+antidiscrimination or advertising), or (c) interferes with the operability of Adobe or third-party programs or
+software.
+
+5.3 AVC Codec Use. THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO
+LICENSE FOR THE PERSONAL NON-COMMERCIAL USE OF A CONSUMER TO (a) ENCODE
+VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (b) DECODE
+AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL NON-
+COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO
+PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER
+USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C.
+SEE http://www.mpegla.com.
+
+5.4 MP3 Codec Use. You may not modify the runtime libraries, PFI Build Tools, or any other Build Tools.
+You may not access MP3 codecs within the runtime libraries other than through the published runtime
+APIs. Development, use or distribution of a Developer Application that operates on non-PC devices and
+that decodes MP3 data not contained within a SWF, FLV or other file format that contains more than MP3
+data may require one or more third-party license(s).
+
+6. INTELLECTUAL PROPERTY RIGHTS.
+
+The SDK and any copies that you are authorized by Adobe to make are the intellectual property of and are
+owned by Adobe Systems Incorporated and its suppliers. The structure, organization and code of the SDK
+provided to you in compiled or object code form are the valuable trade secrets and confidential information
+of Adobe Systems Incorporated and its suppliers. The SDK is protected by copyright, including by United
+States Copyright Law, international treaty provisions and applicable laws in the country in which they are
+used. Except as expressly stated herein, this agreement does not grant you any intellectual property rights in
+the SDK and all rights not expressly granted are reserved by Adobe.
+
+7. REVERSE ENGINEERING.
+
+You will not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of
+all or any portion of the SDK provided to you in compiled or object code format except to the extent you
+may be expressly permitted to decompile under applicable law.
+
+8. NON-BLOCKING OF ADOBE DEVELOPMENT.
+
+You acknowledge that Adobe is currently developing or may develop technologies and products in the
+future that have or may have design and/or functionality similar to products that you may develop based on
+your license herein. Nothing in this agreement shall impair, limit or curtail Adobe’s right to continue with
+its development, maintenance and/or distribution of Adobe’s technology or products. You agree that you
+shall not assert in any way any patent owned by you arising out of or in connection with the SDK or
+modifications made thereto against Adobe, its subsidiaries or affiliates, or their customers, direct or
+indirect, agents and contractors for the manufacture, use, import, licensing, offer for sale or sale of any
+Adobe products.
+
+9. PRE-RELEASE SDK ADDITIONAL TERMS.
+
+If the SDK or any of its components are pre-commercial release or beta software (“Pre-release Software”),
+then this section applies. The Pre-release Software is a pre-release version, does not represent final product
+from Adobe, and may contain bugs, errors and other problems that could cause system or other failures and
+data loss. Adobe may never commercially release the Pre-release Software. If you received the Pre-release
+Software pursuant to a separate written agreement, such as the Adobe Systems Incorporated License
+Agreement for PreRelease Software, your use of the Software is also governed by such agreement. You
+will return or destroy all copies of Pre-release Software upon request by Adobe or upon Adobe’s
+commercial release of such Software. YOUR USE OF PRE-RELEASE SOFTWARE IS AT YOUR OWN
+RISK.
+
+10. TERM AND TERMINATION.
+
+This agreement will commence upon the Effective Date and continue in perpetuity unless terminated as set
+forth herein. Adobe may terminate this agreement immediately if you breach any of its terms. Sections 1, 2,
+4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 will survive any termination of this agreement. Upon termination
+of this agreement, you will cease all use and distribution of the SDK and return to Adobe or destroy (with
+written confirmation of destruction) the SDK promptly at Adobe’s request, together with any copies
+thereof.
+
+11. EXPORT RULES.
+
+You acknowledge that the SDK is subject to the U.S. Export Administration Regulations (the “EAR”) and
+that you will comply with the EAR. You will not export or re-export the SDK, or any portion hereof,
+directly or indirectly, to: (a) any countries that are subject to US export restrictions (currently including, but
+not necessarily limited to, Cuba, Iran, North Korea, Sudan and Syria); (b) any end user who you know or
+have reason to know will utilize them in the design, development or production of nuclear, chemical or
+biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air
+vehicle systems; or (c) any end user who has been prohibited from participating in the US export
+transactions by any federal agency of the US government. In addition, you are responsible for complying
+with any local laws in your jurisdiction which may impact your right to import, export or use the SDK.
+
+12. NOTICE TO U.S. GOVERNMENT END USERS.
+
+For U.S. Government End Users, Adobe agrees to comply with all applicable equal opportunity laws
+including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam
+Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation
+Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The
+affirmative action clause and regulations contained in the preceding sentence is incorporated by reference
+in this agreement.
+
+13. TRADEMARK.
+
+“Adobe® AIR®” is a trademark of Adobe that may not be used by others except under a written license
+from Adobe. You may not incorporate the Adobe AIR trademark, or any other Adobe trademark, in whole
+or in part, in the title of your Developer Application or in your company name, domain name or the name
+of a service related to Adobe AIR. You may indicate the interoperability of your Developer Application
+with the Adobe AIR Runtime Software, if true, by stating, for example, “works with Adobe® AIR®” or
+“for Adobe® AIR®.” You may use the Adobe AIR trademark to refer to your Developer Application as an
+“Adobe® AIR® application” only as a statement that your Developer Application interoperates with the
+Adobe AIR Runtime Software.
+
+14. GOVERNING LAW.
+
+If you are a consumer who uses the SDK for only personal non-business purposes, then this agreement will
+be governed by the laws of the state in which you purchased the license to use the SDK. If you are not such
+a consumer, this agreement will be governed by and construed in accordance with the substantive laws in
+force in: (a) the State of California, if a license to the SDK is obtained when you are in the United States,
+Canada or Mexico; or (b) Japan, if a license to the is obtained when you are in Japan, China, Korea or other
+Southeast Asian country where all official languages are written in either an ideographic script (e.g., Hanzi,
+Kanji, or Hanja), and/or other script based upon or similar in structure to an ideographic script, such as
+hangul or kana; or (c) England, if a license to the SDK is obtained when you are in any jurisdiction not
+described above. The respective courts of Santa Clara County, California when California law applies,
+Tokyo District Court in Japan, when Japanese law applies, and the competent courts of London, England,
+when the law of England applies, shall each have non-exclusive jurisdiction over all disputes relating to this
+agreement. This agreement will not be governed by the conflict of law rules of any jurisdiction or the
+United Nations Convention on Contracts for the International Sale of Goods, the application of which is
+expressly excluded.
+
+15. GENERAL PROVISIONS.
+
+If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of
+this agreement, which will remain valid and enforceable according to its terms. Updates may be licensed to
+you by Adobe with additional or different terms. The use of “includes” or “including” in this agreement
+shall mean “including without limitation.” This is the entire agreement between Adobe and you relating to
+the SDK and it supersedes any prior representations, discussions, undertakings, communications or
+advertising relating to the SDK.
+
+AdobeAIR_SDK License-en_US-20100414_1730