MACROMEDIA, INC.
Macromedia Flash Search Engine Software Development Kit (SDK) License Agreement
Please read this document carefully before proceeding. You must agree to this Macromedia Flash Search Engine Software Development Kit (SDK) License Agreement (the "License") in order to use the Macromedia Flash Search Engine Software Development Kit (the "SDK").
1. Definitions
a. "SDK" means the source code and documentation provided to you pursuant to this License to assist you in the indexing and processing Macromedia Flash Files (SWF).
b. "Products" means your software product(s) and/or service(s) in which you search Flash Files (SWF) through the use of the SDK.
c. "Flash File Format (SWF)" or "SWF" means the file format designated by .SWF
2. Licenses
Pursuant to the terms and conditions of this License, you are granted a nonexclusive license to use, modify and create derivative works ("Derivative Works") of the sample code included in the SDK for the sole purpose of developing Products that extract text and link information from a SWF file, and to distribute compiled version of such Derivative Works in object code format solely as incorporated in the object code format of such Products (the "Bundled Products").
3. Restrictions
By using the licenses above, you agree to the following restrictions:
a. You will not make or distribute copies of the SDK, or electronically transfer the SDK outside your company.
b. You will not modify, sell, rent, transfer, resell for profit, distribute, or create derivative works based upon the SDK or any part thereof other than as set forth in Section 2.
c. You will not export or re-export, directly or indirectly, the SDK into any country prohibited by the United States Export Administration Act and the regulations thereunder.
d. Any direct or indirect distribution of any Bundled Products by you shall be under the terms of a license agreement containing terms that: (i) prohibit any modifications to the Derivative Works or any part thereof, (ii) prohibit any reverse engineering, disassembly or recompilation of the Derivative Works or any part thereof, (iii) disclaim any and all warranties on behalf of Macromedia and each of its licensors, (iv) disclaim, to the extent permitted by applicable law, liability of Macromedia and/or its licensors for any damages, whether direct, indirect, incidental or consequential, arising from the use of the Bundled Products, (v) require the user to comply fully with all relevant export laws and regulations of the United States to assure that the Bundled Products or any part thereof is not exported, directly or indirectly, in violation of United States law, and (vi) include the appropriate copyright notice.
4. Software Defect Reporting
If you find software defects in the SDK, you should report them to Flash_Search@macromedia.com. Macromedia will evaluate and, at its sole discretion, may address them in a future revision of the SDK.
5. Updates
You understand and agree that Macromedia may amend, modify, change, and cease distribution or production of the SDK at any time. You understand that you are not entitled to receive any upgrades, updates, or future versions of the SDK under this License.
6. Ownership
Macromedia and its suppliers or licensors shall retain all right, title, and interest to the SDK and SWF. All rights not expressly granted herein are reserved by Macromedia.
7. Indemnity
You will indemnify and hold Macromedia harmless from any third party claim, loss, or damage (including attorney's fees) related to your use of the SDK (other than your use of the SDK as expressly permitted under Section 2 hereof but subject to all of the restrictions and limitations set forth in this License) or related to your Product(s).
8. Disclaimer of Warranties and Technical Support
THE SDK IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN "AS IS" BASIS AND "WITH ALL FAULTS", WITHOUT ANY TECHNICAL SUPPORT OR WARRANTY OF ANY KIND FROM MACROMEDIA. YOU ASSUME ALL RISKS THAT THE SDK IS SUITABLE OR ACCURATE FOR YOUR NEEDS AND YOUR USE OF THE SDK ISAT YOUR OWN DISCRETION AND RISK. MACROMEDIA AND ITS LICENSORS DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES FOR THE SDK INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. THESE LIMITATIONS OR EXCLUSIONS OF WARRANTIES AND LIABILITY MAY NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER; I.E., A PERSON ACQUIRING GOODS OTHERWISE THAN IN THE COURSE OF A BUSINESS.
9. Limitation of Damages
NEITHER MACROMEDIA NOR ITS SUPPLIERS OR LICENSORS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), ARISING OUT OF THIS LICENSE WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF MACROMEDIA OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the bargain between Macromedia and you. You agree that Macromedia would not be able to provide the Software on an economic basis without such limitations. IN NO EVENT WILL MACROMEDIA BE LIABLE FOR ANY AMOUNT GREATER THAN WHAT YOU ACTUALLY PAID FOR THE SDK.
10. US Government - Restricted Rights
The SDK and accompanying materials are provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this License and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable. Manufacturer: Macromedia, Inc., 601 Townsend, San Francisco, CA 94103.
11. Termination
a. Either party may terminate this License immediately if the other party materially defaults in the performance of any provision of this License, the non-defaulting party gives written notice to the other party of such default, and the defaulting party fails to cure such default within thirty (30) days after receipt of such notice. Upon the termination of this License, the rights and licenses granted to you by Macromedia pursuant to this License will automatically cease.
b. If this License is terminated for any reason, the provisions of Sections 1, 3, 6, 7, 8, 9, 10, 11(b) and 12 shall survive such termination.
12. General
This License shall be governed by the internal laws of the State of California, without regard to its choice of law rules. This License contains the complete agreement between you and Macromedia with respect to the subject matter of this License, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this License shall be directed to: Macromedia, Inc., 601 Townsend Street, San Francisco, CA 94103, Attention: General Counsel.
