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provided to Licensee subject to the terms of this Agreement on a license exchange basis. Licensee agrees that by
using an upgrade or update, Licensee voluntarily terminates Licensee's right to use any previous version of the SDK
Components. As an exception, Licensee may continue to use previous versions of the SDK Components on
Licensee's Computers after Licensee obtains the upgrade or update but only for a reasonable period of time to assist
Licensee in the transition to the upgrade or update, and further provided that such simultaneous use shall not be
deemed to increase the number of copies, licensed amounts or scope of use granted to Licensee hereunder. Upgrades
and updates may be licensed to Licensee by Adobe with additional or different terms.
5. NO WARRANTY.
No Warranty. Licensee acknowledges that the SDK Components is provided to Licensee "AS IS," and Adobe
disclaims any warranty or liability obligations to Licensee of any kind. Licensee acknowledges that ADOBE
MAKES NO EXPRESS, IMPLIED, OR STATUTORY WARRANTY OF ANY KIND 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. Adobe is not obligated to provide maintenance, technical support or updates
to Licensee for any SDK Components. The foregoing limitations, exclusions and limitations shall apply to the
maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
6. LIMITATION OF LIABILITY.
IN NO EVENT WILL ADOBE, ITS AFFILIATES OR ITS SUPPLIERS BE LIABLE TO LICENSEE FOR ANY
LOSS, 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 LOSS, DAMAGES, CLAIMS OR COSTS. THE FOREGOING LIMITATIONS AND
EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE'S
JURISDICTION. ADOBE'S AGGREGATE LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS
UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID
FOR THE SDK COMPONENTS, IF ANY. THIS LIMITATION 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 liability to Licensee 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 affiliates and suppliers for the purpose of disclaiming, excluding and limiting obligations, warranties
and liability, but in no other respects and for no other purpose. For further information, please see the jurisdiction
specific information at the end of this agreement, if any, or contact Adobe's Licensee Support Department.
7. Governing Law.
This Agreement, each transaction entered into hereunder, and all matters arising from or related to this Agreement
(including its validity and interpretation), will be governed and enforced by and construed in accordance with the
substantive laws in force in: (a) the State of California, if a license to the SDK Components is acquired when
Licensee is in the United States, Canada, or Mexico; or (b) Japan, if a license to the SDK Components is acquired
when Licensee is 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 Components is purchased
when Licensee is in any other 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
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