ADOBE SYSTEMS INCORPORATED COLOR PROFILE LICENSE AGREEMENT NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE. 1. DEFINITIONS. In this Agreement, "Adobe" means Adobe Systems Incorporated, a Delaware corporation, located at 345 Park Avenue, San Jose, California 95110. "Software" means the software and related items with which this Agreement is provided. 2. LICENSE. Subject to the terms of this Agreement, Adobe hereby grants you the worldwide, nonexclusive, nontransferable, royalty-free license to use, reproduce, and publicly display the Software. Adobe also grants you the rights to distribute the Software only (a) as embedded within digital image files and (b) on a standalone basis. No other distribution of the Software is allowed, including, without limitation, distribution of the Software when incorporated into or bundled with any application software. All individual profiles must be referenced by their ICC Profile description string. You may not modify the Software. Adobe is under no obligation to provide any support under this Agreement, including upgrades or future versions of the Software or other items. No title to the intellectual property in the Software is transferred to you under the terms of this Agreement. You do not acquire any rights to the Software except as expressly set forth in this Agreement. 3. DISTRIBUTION. If you choose to distribute the Software, you do so with the understanding that you agree to defend, indemnify, and hold harmless Adobe against any losses, damages, or costs arising from any claims, lawsuits, or other legal actions arising out of such distribution, including without limitation, your failure to comply with this Section 3. If you distribute the Software on a standalone basis, you will do so under the terms of this Agreement or your own license agreement which (a) complies with the terms and conditions of this 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) substantially states that any provisions that differ from this Agreement are offered by you alone and not Adobe; and (e) substantially 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. Any distributed Software will include the Adobe copyright notices as included in the Software provided to you by Adobe. 4. DISCLAIMER OF WARRANTY. Adobe licenses the Software to you on an "AS IS" basis. Adobe makes no representation as to the adequacy of the Software for any particular purpose or to produce any particular result. Adobe shall not be liable for loss or damage arising out of this Agreement or from the distribution or use of the Software or any other materials. ADOBE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, EXCEPT FOR ANY WARRANTY,CONDITION, REPRESENTATION, OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION. ADOBE AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NONINFRINGEMENT OF THIRD-PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU MAY HAVE ADDITIONAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. The provisions of Sections 4 and 5 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to use the Software after termination of this Agreement. 5. LIMITATION OF LIABILITY. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. 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 SOFTWARE. Nothing contained in this Agreement limits Adobe's 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/or limiting obligations, warranties, and liability as provided in this Agreement, but in no other respects and for no other purpose. 6. TRADEMARKS. Adobe grants you a worldwide, nonexclusive, nontransferable, personal right to use the "Adobe" word trademark (the "Trademark") solely to identify Adobe as the source of the Adobe RGB (1998) product or Adobe RGB technology, so long as such use complies with the terms of this Agreement, the trademark guidelines available at the "Permissions and trademarks" pages of the Adobe website (www.adobe.com), and the "Adobe Trademark Guidelines for third parties who license, use or refer to Adobe trademarks," also available from the Adobe website. You acknowledge the validity of the Trademark and Adobe's ownership of the Trademark. Nothing in this Agreement shall give you any right, title, or interest in the Trademark, other than the license rights granted in this Agreement. You recognize the value of the goodwill associated with the Trademark and acknowledge that such goodwill exclusively inures to the benefit of and belongs to Adobe. Adobe and the Adobe logo are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries. With the exception of referential use and the rights granted in this Agreement, you will not use such trademarks or any other Adobe trademark or logo without separate prior written permission granted by Adobe. 7. TERM. This Agreement is effective until terminated. Adobe has the right to terminate this Agreement immediately if you fail to comply with any term hereof. Upon any such termination, you must return to Adobe all full and partial copies of the Software in your possession or control. 8. GOVERNMENT REGULATIONS. If any part of the Software is identified as an export-controlled item under the United States Export Administration Act or any other export law, restriction, or regulation (the "Export Laws"), you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement. 9. GOVERNING LAW. This Agreement will be governed by and construed in accordance with the substantive laws in force in the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. 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. All disputes arising out of, under, or related to this Agreement will be brought exclusively in the state Santa Clara County, California, USA. 10. GENERAL. You may not assign your rights or obligations granted under this Agreement without the prior written consent of Adobe. None of the provisions of this Agreement shall be deemed to have been waived by any act or acquiescence on the part of Adobe, its agents, or employees, but only by an instrument in writing signed by an authorized signatory of Adobe. When conflicting language exists between this Agreement and any other agreement included in the Software, the terms of such included agreement shall apply. If either you or Adobe employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees. 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. 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. Proprietary Software Proprietary Software YOU SHOULD CAREFULLY READ THE ENTIRE FOLLOWING LICENSE AGREEMENT BEFORE INSTALLING THIS SOFTWARE PROGRAM. THIS AGREEMENT CONTAINS IMPORTANT TERMS THAT AFFECT YOUR LEGAL RIGHTS. BY INSTALLING THE SOFTWARE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT INSTALL THIS SOFTWARE PROGRAM. The software application(s) (the “Program”) is the copyrighted work of Valve Corporation (“Valve”) or its suppliers. All rights reserved, except as expressly stated herein. The Program is provided solely for installation by end users according to the terms of this License Agreement, except as provided below regarding permitted redistributions. All use of the Program is governed by the terms of the Steam subscriber agreement located at www.steampowered.com/agreement (the “Steam Agreement”), as such terms may be updated from time to time, which terms are incorporated into this License Agreement by this reference. Any use, reproduction or redistribution of the Program not in accordance with the terms of the License Agreement and the Steam Agreement is expressly prohibited. LICENSE AGREEMENT 1. Grant of Licenses. A. Personal Use Limited Installation License. Valve hereby grants, and by installing the Program you thereby accept, a limited, non-exclusive license and right to install copies of the Program on each of your computers solely for your personal use. B. Limited Redistribution License. Valve hereby grants, and you accept, a limited, terminable, non-exclusive license to reproduce and distribute an unlimited number of copies of the Program; provided that the following conditions are met: (i) you must distribute the Program in its entirety; (ii) you may not modify the Program, except that, in the case of the Linux version of the Program, you may modify scripts and other documentary and graphical files, but not any files containing the term “bootstrap” in the file name, provided that you do not modify any icons, change any copyright or other notices, or alter this or any other license agreement that is included with the Program, and provided further that any modifications you make are identified by you as modifications from the original Program provided by Valve; (iii) you may repackage the Program and distribute it with another software program, provided that you do not integrate the Program in any way with that other software program, or combine the Program with that other software program in a manner that would require you to distribute the Program under any open source or other license terms different from these terms. (iv) you may not charge any separate fee or receive any compensation attributable to the Program; (v) you must include this License Agreement provided with the Program and ensure that it will display and be required to be accepted by the end user in the same manner as is required by the Program in the form received by you; and (vi) you must preserve in all copies of the Program all copyright and legal notices that are attached to the copy of the Program received by you. C. Restrictions/Reservation of Rights. Except as expressly set forth elsewhere in this License Agreement, you may not, in whole or in part: copy, photocopy, reproduce, translate, reverse engineer (with the exception of specific circumstances where such act is permitted by law), derive source code from, modify, disassemble, decompile, or create derivative works based on the Program; remove any proprietary notices or labels on the Program; or attempt in any manner to circumvent any security measures designed to control access to the Program. You may not package the Program with, or pre-install the Program on, any hardware, without obtaining a separate license from us. The Program is licensed to you as a single product. Its component parts may not be separated for use on more than one computer. You may not sell, grant a security interest in, rent, lease or license the Program to others without the prior written consent of Valve. The Program is licensed, not sold. Your license confers no title or ownership in the Program or copies thereof. 2. Ownership. All title, ownership rights and intellectual property rights in and to the Program and any and all copies thereof (including but not limited to any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, and “applets” incorporated into the Program) are owned by Valve or its licensors. The Program is protected by the copyright laws of the United States, international copyright treaties and conventions and other laws. All rights are reserved. The Program contains certain licensed materials and Valve’s licensors may protect their rights in the event of any violation of this Agreement. 3. Termination. This License Agreement is effective until terminated. You may terminate the License Agreement at any time by destroying the Program. We may terminate your rights set forth in Section 1.B. of this License Agreement at any time upon notice to you. This License Agreement shall automatically terminate in the event that you fail to comply with the terms and conditions contained herein. In such event, you must immediately destroy the Program. The provisions of Sections 2, 3, and 5-7 will survive any termination of the Agreement. 4. Export Controls. The Program may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By installing the Program, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. 5. WARRANTY DISCLAIMERS; LIMITATION OF LIABILITY; NO GUARANTEES. DISCLAIMERS OF WARRANTY AND LIMITATIONS ON LIABILITY SET FORTH IN THE STEAM AGREEMENT, AND/OR ELSEWHERE IN THE STEAM AGREEMENT, APPLY TO YOUR USE OF THE PROGRAM. AS NOTED IN THE STEAM AGREEMENT, FOR EU CUSTOMERS, SUCH PROVISIONS DO NOT REDUCE YOUR MANDATORY CONSUMERS’ RIGHTS UNDER THE LAWS OF YOUR LOCAL JURISDICTION. 6. Warranties/Indemnities Relating to Redistribution. If you choose to redistribute the Program, you represent and warrant that any modifications you make to the Program, if any, and your particular combination of the Program with any other software or hardware, do not infringe on any third-party intellectual property rights. You agree to defend, indemnify and hold harmless Valve, its licensors, and its and their affiliates from all liabilities, claims and expenses, including attorneys’ fees, that arise from or in connection with your redistribution of any modifications you make to the Program or your particular combination of the Program with any other software or hardware or your breach of this License Agreement. Valve reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Valve in that matter. 7. Miscellaneous. Provisions relating to applicable law and jurisdiction, and dispute resolution, set forth in the Steam Agreement shall apply to any disputes arising under this Agreement. This License Agreement and the Steam Agreement terms incorporated herein may be amended, altered or modified at any time by Valve in Valve’s sole discretion. In the event that any provision of this License Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this License Agreement shall remain in full force and effect. This License Agreement and the Steam Agreement constitute and contain the entire agreement between the parties with respect to the subject matter hereof and supersede any prior oral or written agreements. You hereby acknowledge that you have read and understand the foregoing License Agreement and agree that the action of installing the Program is an acknowledgment of your agreement to be bound by the terms and conditions of the License Agreement contained herein, including the Steam Agreement.