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Macromedia Flash Video Kit License Agreement

Please read this license agreement (“License”) carefully before downloading, using or installing the Flash Video Kit (“Kit”), in whole or in part, provided herewith, including without limitation, any extensions, documentation, or sample files. If you do not agree with the License, THEN DO NOT USE OR COMPLETE INSTALLATION OF ANY PART OF THE KIT. BY INSTALLING AND USING ANY PART OF THE KIT, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE KIT AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS LICENSE.  IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL OR USE THE KIT IN ANY WAY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE FOREGOING, EXCEPT WITH RESPECT TO MACROMEDIA’S DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY PROVISION CONTAINED HEREIN, THIS LICENSE SHALL NOT APPLY TO THE SORENSON SQUEEZE PRODUCT THAT WAS PROVIDED IN THE KIT.  EXCEPT AS STATED IN THE FOREGOING SENTENCE, THE USE, AND ANY OTHER RIGHTS AND RESTRICTIONS, WITH RESPECT TO SUCH SORENSON SQUEEZE PRODUCT SHALL BE GOVERNED SOLELY BY THE SEPARATE LICENSE AGREEMENT ACCOMPANYING SUCH SORENSON SQUEEZE PRODUCT. 

THIS LICENSE CONTAINS THE COMPLETE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF, AND SUPERCEDES ALL PRIOR AND CONTEMPORANEOUS AGREEMENTS OR UNDERSTANDINGS, WHETHER ORAL OR WRITTEN, AS WELL AS ANY SUBSEQUENT MACROMEDIA CLICK-THROUGH AGREEMENTS PROVIDED WITH THE KIT HEREWITH.  

1.         Copyright

The Kit is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

2.         License to Use the Kit

Subject to your compliance with this License and except as provided otherwise herein:

Macromedia grants you, and you accept, a non-exclusive and non-transferable right to use the Kit, as applicable, along with any corresponding documentation provided herewith on one computer. 

You agree that you shall not distribute any elements of the Kit, in whole or in part, modified or unmodified, without the consent of Macromedia and/or its licensors. 

3.         Other Restrictions and Conditions

You also agree that:

(a) you will not export the Kit into any country prohibited by the United States Export Administration Act and the regulations thereunder;

(b) you shall indemnify, hold harmless, and defend Macromedia from and against any claims or lawsuits, including attorney’s fees, that arise or result from the use or distribution of your software application containing any part of the Kit;

(c) you shall otherwise comply with the terms of this License;

(d) Macromedia retains all rights not expressly granted;

(e)  You may receive the Kit in more than one medium but you shall only install or use one medium.  Regardless of the number of media you receive, you may use only the medium that is appropriate for the computer on which the Kit, as applicable, is to be installed;

(f)  you may not use the Kit in any way other than as expressly permitted under this License;

(g) your license rights under this License are non-exclusive; and

(h)  Macromedia may audit your use of the Kit for compliance with these terms at any time, upon reasonable notice.  In the event that such audit reveals any use of the Kit by you other than in full compliance with the terms of this Agreement, you shall reimburse Macromedia for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.

4.         Termination

In the event that you fail to comply with this License, without prejudice to any other rights, Macromedia may terminate this License.  Macromedia may terminate this License immediately with respect to any part of the Kit, if in Macromedia’s reasonable discretion, the Kit, in whole or in part, is likely to become, the subject of a claim of infringement of any intellectual property right.  Upon termination, you must destroy all copies of the Kit, in whole or in part, as appropriate.

5.         Ownership

Macromedia and/or its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Kit. 

All rights not specifically granted in this License, including Federal and International Copyrights, are reserved by Macromedia and/or its suppliers.

6.         Disclaimer of All Warranties; Limitation of Liability

THE KIT IS PROVIDED to you on an "AS IS" basis and "WITH ALL FAULTS".  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MACROMEDIA DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES FOR THE KIT 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. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN.  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.

IN CONNECTION WITH THE KIT, NEITHER MACROMEDIA NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), 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. MACROMEDIA'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE KIT.

This DISCLAIMER and Limitation of Liability are the fundamental elements of the basis of the bargain between Macromedia and you. You agree that Macromedia would not be able to provide the Kit on an economic basis without such limitations.  Such Disclaimer and Limitation of Liability shall inure to the benefit of Macromedia licensors.

This License shall be governed by the internal laws of the State of California, without giving effect to principles of conflict of laws.  You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in San Francisco County, California or the federal courts in the Northern District of California to resolve any disputes arising under this License.  In each case this License shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.

The Kit is provided with "RESTRICTED RIGHTS” applicable to private and public licenses alike.  Without limiting the foregoing, 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 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable.  Manufacturer: Macromedia, Inc., 600 Townsend, San Francisco, CA 94103.

The limitations or exclusions of warranties and liability contained in this License do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business.

The limitations or exclusions of warranties, remedies or liability contained in this License shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located. 

No Macromedia dealer, agent or employee is authorized to make any amendment to this License. 

If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect.

All questions concerning this License shall be directed to: Macromedia, Inc., 600 Townsend, San Francisco, CA 94103, Attention: General Counsel.

Macromedia and other marks contained in the Kit are trademarks or registered trademarks of Macromedia, Inc. or its licensors in the United States and/or other countries.  Other marks are the properties of their respective owners.  You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Kit.  This License does not authorize you to use Macromedia’s or its licensors’ names or any of their respective trademarks.

THIS LICENSE CONTAINS THE COMPLETE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF, AND SUPERCEDES ALL PRIOR AND CONTEMPORANEOUS AGREEMENTS OR UNDERSTANDINGS, WHETHER ORAL OR WRITTEN, AS WELL AS ANY SUBSEQUENT MACROMEDIA CLICK-THROUGH AGREEMENTS PROVIDED WITH THE KIT HEREWITH.  


Copyright 2004 Macromedia, Inc.