path: root/licenses/AdobeAIRSDK

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