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export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with
these laws and regulations and acknowledge that you have the responsibility to obtain any licenses to export, re-export,
or import as may be required after delivery to you.
12. U.S. Government Restricted Rights.
If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or
subcontractor (at any tier), then the Government’s rights in Software and accompanying documentation will be only as
set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense
(DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
13. Governing Law.
Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law
rules of any jurisdiction will apply.
14. Severability.
If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision
omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
15. Integration.
This Agreement, including any terms contained in your Entitlement, is the entire agreement between you and Sun
relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals,
representationsandwarrantiesandprevailsoveranyconictingoradditionaltermsofanyquote,order,acknowledgment,
or other communication between the parties relating to its subject matter during the term of this Agreement. No
modicationofthisAgreementwillbebinding,unlessinwritingandsignedbyanauthorizedrepresentativeofeachparty.
Please contact Sun Microsystems, Inc. 4150 Network Circle, Santa Clara, California 95054 if you have questions.
Adobe Flex Software Development Kit v4.0 Software License
1. NO WARRANTY, LIMITATION OF LIABILITY, BINDING AGREEMENT AND ADDITIONAL TERMS AND
AGREEMENTS.
1.1 WARRANTY DISCLAIMER. YOU ACKNOWLEDGE THAT THE SDK 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 Flex SDK. You agree that this Agreement is
like any written negotiated agreement signed by you. By clicking to acknowledge agreement to be bound during review of
an electronic version of this Agreement or by downloading, copying, installing or using any portion of this SDK, you accept
all the terms and conditions of this Agreement. This Agreement is enforceable against you and any person or entity that
obtainsthisSDKoronwhosebehalftheyareused:forexample,youremployer.Ifyoudonotagreetothetermsofthis
Agreement, do not use any portion of this SDK. This Agreement shall apply to any portion of the SDK, regardless of
whether other software is referred to or described herein.
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
toothertermsandconditionstypicallyfoundinaseparatelicenseagreementora“ReadMe”lelocatednearsuch
materialsorinthe“ThirdPartySoftwareNoticesand/orAdditionalTermsandConditions”foundathttp://www.adobe.