End User License Agreement
ADOBE COLLABORATION BUILDER SOFTWARE DEVELOPER'S KIT SOFTWARE LICENSE AGREEMENT ("AGREEMENT")
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY CLICKING TO ACKNOWLEDGE AGREEMENT TO BE BOUND DURING REVIEW OF AN ELECTRONIC VERSION OF THIS LICENSE, DOWNLOADING, INSTALLING OR USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTIONS 2, 3 AND 4; WARRANTY IN SECTION 7; LIABILITY IN SECTION 8, AND SPECIFIC LIMITATIONS IN SECTION 14. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT DOWNLOAD OR USE THIS SOFTWARE. IF YOU ACQUIRED THE SOFTWARE ON TANGIBLE MEDIA (e.g., CD-ROM) WITHOUT AN OPPORTUNITY TO REVIEW THIS LICENSE, AND YOU DO NOT ACCEPT THIS AGREEMENT, YOU MAY NOT USE THE SOFTWARE.
Adobe and its suppliers own all intellectual property in the Software. Adobe permits You to Use the Software only in accordance with the terms of this Agreement. Use of some third party materials included in the Software may be subject to other terms and conditions typically found in a separate license agreement or "Read Me" file located near such materials.
1.1 "Adobe" means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose, California 95110, if Section 11(a) of this Agreement applies; otherwise it means Adobe Systems Software Ireland Limited, Unit 3100, Lake Drive, City West Campus, Saggart D24, Republic of Ireland, a company organized under the laws of Ireland and an affiliate and licensee of Adobe Systems Incorporated.
1.2 "Developer," "You," and "Your" refer to any person or entity Using this Software, or any component thereof.
1.3 "Developer Programs" means Your application programs created using the Software that are designed to enable Adobe SWF file format-based interactive content for use with Adobe Connect by Adobe Connect users.
1.4 "Documentation" means explanatory materials supplied with the Software.
1.5 "End User License Agreement" means an end user license agreement that provides (a) limited, nonexclusive right to use the subject Developer Program with no further right to reproduce (except for archival and/or backup copies permitted by law) and/or distribute the subject Developer Program; (b) prohibition against distributing, selling, sublicensing, renting, loaning or leasing the subject Developer Program; (c) prohibition against reverse engineering, decompiling, disassembling or otherwise attempting to discover the source code of the subject Developer Program that is substantially similar to that set forth in Section 3 below; (d) statement that, if Your customer requires any Other Adobe Software in order to use the Developer Program, (i) Your customer must obtain such Other Adobe Software via a valid license, and (ii) Your customer's use of such Other Adobe Software must be in accordance with the terms and conditions of the end user license agreement that ships with such Other Adobe Software; (e) statement that You and Your suppliers retain all right, title and interest in the subject Developer Program that is substantially similar to that set forth as Section 5 below, (f) statement that Your suppliers disclaim all warranties, conditions, representations or terms with respect to the subject Developer Program substantially similar to the disclaimer set forth as Section 7 below, (g) limitation of liability substantially similar to that set forth as Section 8 below for the benefit of Your supplier and (h) a reference to applicable U.S. Government regulations which control licensing of software as set forth in Sections 10 and 13 of this Agreement.
1.6 "Flex Libraries" means athe set of Adobe SWC files provided to You to enable FlashBuilder to compile SYNC SWF files that contain synchronization capabilities for Adobe Connect, and accompanying test environment software.
1.7 "Other Adobe Software" means the generally commercially available versions of Adobe software products other than the Software.
1.8 "Sample Code" means sample software in source or object code format designated as "Sample Extensions", and includes all .xml mxml files.
1.9 "Software" means all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) Sample Code; (ii) the Flex Libraries; (iii) Documentation; and (iv) any upgrades, modified versions, updates, and/or additions to any of the foregoing, if any, provided to You by Adobe. The contents of the Software may change from time to time at Adobe's sole discretion, and with or without prior notice.
1.10 "Use", "Used" or "Using" means to access, install, download, copy or otherwise benefit from using the Software.
Subject to the terms and conditions of this Agreement, Adobe grants You a non-exclusive, nontransferable, royalty-free license to (a) internally Use the Software for the sole purpose of developing Developer Programs, and (b) modify only the Sample Code provided to You in source code form, and reproduce and distribute Sample Code and such modified versions of the Sample Code in object code form only, as a component of Developer Programs that add significant and primary functionality to the Sample Code, provided that (i) You distribute such Sample Code under the terms and conditions of an End User License Agreement, (ii) You include a copyright notice reflecting the copyright ownership of Developer in such Developer Programs, (iii) You shall be solely responsible to Your customers for any update or support obligation or other liability which may arise from such distribution, (iv) You shall not make any statements that Your Developer Product is "certified," or that its performance is guaranteed, by Adobe, and (v) You do not use Adobe's name or trademarks to market Your Developer Product without written permission of Adobe. You may internally Use the Flex Libraries for the sole purpose of creating Developer Programs and shall not distribute the Flex Libraries to any third party. Any modified or merged portion of the Sample Code IS subject to this Agreement. Use of Other Adobe Software and/or any additional Adobe application program is subject to the applicable end user license agreement for such application software, even if such Other Adobe Software or additional Adobe application program is supplied to You in connection with this Agreement. You may make a limited number of copies of the Documentation to be used by Your employees or consultants for internal development purposes and not for general business purposes or for distribution by any means, and such employees or consultants shall be subject to this Agreement. You may distribute Other Adobe Software with Your Developer Programs only under separate license from Adobe. Adobe is under no obligation to provide any support or maintenance under this Agreement, including upgrades or future versions of the Software, Other Adobe Software and/or any component thereof, to Developer, end users, or to any other party. Further developer support, software licensing, trademark licensing and trademark usage information is available through http://www.adobe.com and/or http://partners.adobe.com.
3.1 General Restrictions. Except for the limited distribution rights as provided in Section 2 above with respect to Sample Code, You may not distribute, sell, sublicense, rent, loan, or lease the Software, Other Adobe Software, and/or any component thereof to any third party. You also agree not to add or delete any program files that would modify the functionality and/or appearance of Other Adobe Software and/or any component thereof. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of any portions of the Software provided in object code form, Other Adobe Software and/or any component thereof except to the extent (i) You may be expressly permitted to decompile under applicable law, (ii) it is essential to do so in order to achieve interoperability of the Software with another software program, and (iii) You have first asked Adobe to provide the information necessary to achieve such interoperability and Adobe has not made such information available. Adobe has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any such information supplied by Adobe and any information obtained by You by such permitted decompilation may only be used by You for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software and/or Other Adobe Software. Requests for such information should be directed to the Adobe Customer Support Department.
3.2 Development Restrictions. You agree that You will not Use the Software to create, develop or use any program, software or service which (a) interferes with security within the Adobe Connect server andor service; (b) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (c) when used in the manner in which it is intended, violates any material law, statute, ordinance or regulation (including without limitation the laws and regulations governing export control, unfair competition, antidiscrimination or false advertising); (d) interferes with the operability of other Adobe or third-party programs or software which run with Other Adobe Software; or (e) uses undocumented methods, properties, or other such features of the Software.
3.3 New Versions. Upon release of a new version of the Software by Adobe, You shall cease all reproduction and distribution of the Software upon the earlier of (a) the next release of any Developer Programs You create using the Software or (b) six (6) months from the date Adobe makes such new version of the Software commercially available. However, exceptions to the foregoing may be granted by Adobe writing on a case-by-case basis, if the older version of the Software is necessary to support a version of Adobe Connect that is not supported by the new version of the Software.
4. CONFIDENTIAL INFORMATION
You agree not to disseminate or in any way disclose the Software, including without limitation the Documentation, (collectively, the "Adobe Confidential Information") to any person, firm or business except for Your employees who need to know such Adobe Confidential Information and who have previously agreed to be bound by a confidentiality obligation consistent with the obligation set forth in this Section 4. Further, You agree to treat the Adobe Confidential Information with the same degree of care as You accord to Your own confidential information, but in any event with no less than reasonable care. Your obligations under this section with respect to the Adobe Confidential Information shall terminate when You can document that such Adobe Confidential Information was (i) in the public domain at or subsequent to the time it was communicated to You by Adobe through no fault of Yours, or (ii) developed by Your employees or agents independently of and without reference to any information communicated to You by Adobe. Notwithstanding the foregoing restriction on disclosing Adobe Confidential Information, You may disclose Adobe Confidential Information in response to a valid order by a court or other governmental body, as otherwise required by law provided that You promptly notify Adobe of such order and reasonably cooperate with Adobe to limit or contest such disclosure.
5. INTELLECTUAL PROPERTY, OWNERSHIP, COPYRIGHT PROTECTION
The Software and any authorized copies that You make are the intellectual property of and are owned by Adobe and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Adobe and its suppliers. The Software is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. You agree to protect Adobe's copyright and other ownership interests in all items in the Software. You agree that all copies of items in the Software reproduced for any reason by You will contain the same copyright, trademark, and other proprietary notices as appropriate and appear on or in the master items delivered by Adobe in the Software. Adobe and/or its suppliers retain all right, title and ownership throughout the world in the intellectual property embodied within the Software. Except as stated herein, this Agreement does not grant You any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the Software, and all rights not expressly granted are reserved by Adobe and its suppliers.
This Agreement is effective until terminated. Adobe has the right to terminate this Agreement immediately if You fail to comply with any term of this Agreement. Upon any such termination, You must (a) return all full and partial copies of the items in the Software immediately to Adobe and (b) discontinue distribution of any Sample Code and any modifications to, or derivative works of, any Sample Code. Sections 1, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13 and 14 shall survive any termination and/or expiration of this Agreement.
7. DISCLAIMER OF WARRANTY
Adobe licenses the Software to You on an "AS IS" basis and without warranty of any kind. ADOBE AND ITS SUPPLIERS DO NOT 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 THE SOFTWARE OR ANY COMPONENT THEREOF, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Some states or provinces do not allow the exclusion of implied warranties so the above limitations may not apply to You. You may have rights that vary from jurisdiction to jurisdiction.
8. LIMITATION OF LIABILITY
IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, LIABILITIES, OR COSTS WHATSOEVER ARISING FROM THIS AGREEMENT AND/OR YOUR USE OF THE SOFTWARE OR ANY COMPONENT THEREOF, INCLUDING WITHOUT LIMITATION 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 FIFTY U.S. DOLLARS ($50.00). 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.
You agree to defend, indemnify, and hold Adobe and its suppliers harmless from and against any claims or lawsuits, including attorneys' reasonable fees, that arise or result from the use or distribution of Developer Programs, provided that Adobe gives You prompt written notice of any such claim, tenders to You the defense or settlement of such a claim at Your expense, and cooperates with You, at Your expense, in defending or settling such claim.
10. GOVERNMENT REGULATIONS
You agree that each Developer Program (i) will include in its license agreement a reference to applicable U.S. Government regulations which control licensing of software and (ii) will not be shipped, transferred, or exported into any country or Used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if any part of the Software is identified as export controlled items under the Export Laws, You represent and warrant that You are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Syria, Sudan, Cuba, and North Korea) 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.
11. GOVERNING LAW
This Agreement will be governed by and construed in accordance with the substantive laws in force: (a) in the State of California, if a license to the Software is obtained when You are in the United States, Canada, or Mexico; or (b) in Japan, if a license to the Software is obtained when You are 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 Software is obtained when You are 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 courts of England, when the law of England applies, shall each have non-exclusive jurisdiction over all disputes relating to this Agreement. 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.
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. It is expressly agreed that a breach of Section 2, 3 or 4 of this Agreement will cause irreparable harm to Adobe and that a remedy at law will be inadequate. Therefore, in addition to any and all remedies available at law, Adobe will be entitled to seek an injunction or other equitable remedies in all legal proceedings in the event of any threatened or actual violation thereof. When conflicting language exists between this Agreement and any other agreement included in the Software, this Agreement shall supersede. 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 a writing signed by an authorized signatory of Adobe. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. The English version of this Agreement shall be the version used when interpreting or construing this Agreement.
13. NOTICE TO U.S. GOVERNMENT END USERS
13.1 The Software and Documentation are "Commercial Item(s)," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA 95110-2704, USA.
13.2 U.S. Government Licensing of Adobe Technology. You agree that when licensing the Software for acquisition by the U.S. Government, or any contractor therefore, You will license consistent with the policies set forth in 48 C.F.R. §12.212 (for civilian agencies) and 48 C.F.R. §§227-7202-1 and 227-7202-4 (for the Department of Defense). For U.S. Government End Users, Adobe agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by reference in this Agreement.
14. SPECIFIC EXCEPTIONS
14.1 Limited Warranty for Users Residing in the EU. If you obtained the Software in the European Union (EU), you usually reside in the EU and you are a consumer (that is you use the Software for personal, non-business related purposes), then Section 7 does not apply to your purchase and use of the Software. Instead, Adobe warrants for a period of 2 years from purchase that the Software provides the functionalities set forth in the Documentation (the "agreed upon functionalities") when used on the recommended hardware configuration. Non-substantial variation from the agreed upon functionalities will not establish any warranty rights. This limited warranty does not apply to SOFTWARE provided TO YOU free of charge, for example, UPDATES, pre-release, tryout, product sampler, NOT FOR RESALE (NFR) COPIES OF SOFTWARE, OR SOFTWARE THAT HAS BEEN ALTERED BY YOU, TO THE EXTENT SUCH ALTERATIONS CAUSED A DEFECT. To make a warranty claim, you must notify the Adobe Customer Support Department during this 2 year period, providing details of proof of purchase of the Software. Adobe will verify with you whether there is a defect in the Software or advise you that the error arises because you have not installed the Software correctly (in which case, Adobe shall assist you). If there is a defect in the Software, you may request from Adobe either a refund or a repaired or replacement copy of the Software. Requests must be accompanied by proof of purchase. In the event your warranty details are substantiated, Adobe will meet your request for repaired or replacement Software, unless it is not reasonable for Adobe to do so, in which case Adobe will provide you with a refund. For warranty assistance, please contact the Adobe Customer Support Department.
Please note that the provisions of Section 8 (Limitation of Liability) will continue to apply to any damages claims you make in respect of your use of the Software. Nonetheless, Adobe shall be liable for direct losses that are reasonably foreseeable in the event of a breach by Adobe of this agreement. You are advised to take all reasonable measures to avoid and reduce damages, in particular by making back-up copies of the Software and your computer data. This agreement, and in particular, this Section 14.1, is intended to describe your rights (including your statutory rights) in the event there should be problems with your use of the Software. If your statutory rights are greater than this description, your statutory rights shall apply.
14.2 Pre-release Product Additional Terms. If the product You have received with this license is a pre-commercial release or beta Software ("Pre-release Software"), then the following Section applies. To the extent that any provision in this Section is in conflict with any other term(s) or condition(s) in this Agreement, this Section shall supersede such other term(s) and condition(s) with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a pre-release version, does not represent final product from Adobe, and may contain bugs, errors and other problems that could cause system or other failures and data loss. Consequently, the Pre-release Software is provided to You "AS-IS", and Adobe disclaims any warranty or liability obligations to You of any kind. WHERE LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, ADOBE'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF FIFTY DOLLARS (U.S. $50) IN TOTAL. You acknowledge that Adobe has not promised or guaranteed to You that Pre-release Software will be announced or made available to anyone in the future, Adobe has no express or implied obligation to You to announce or introduce the Pre-release Software and that Adobe may not introduce a product similar to or compatible with the Pre-release Software. Accordingly, You acknowledge that any research or development that You perform regarding the Pre-release Software or any product associated with the Pre-release Software is done entirely at Your own risk. During the term of this Agreement, if requested by Adobe, You will provide feedback to Adobe regarding testing and use of the Pre-release Software, including error or bug reports. If You have been provided the Pre-release Software pursuant to a separate written agreement, such as the Adobe Systems Incorporated Serial Agreement for Unreleased Products, Your Use of the Software is also governed by such agreement. You agree that You may not and certify that You will not sublicense, lease, loan, rent, assign, or transfer the Pre-release Software. Upon receipt of a later unreleased version of the Pre-release Software or release by Adobe of a publicly released commercial version of the Software, whether as a stand-alone product or as part of a larger product, You agree to return or destroy all earlier Pre-release Software received from Adobe and to abide by the terms of the license agreement for any such later versions of the Pre-release Software. Notwithstanding anything in this Section to the contrary, if You are located outside the United States of America, You agree that You will return or destroy all unreleased versions of the Pre-release Software within thirty (30) days of the completion of Your testing of the Software when such date is earlier than the date for Adobe's first commercial shipment of the publicly released (commercial) Software.
If You have any questions regarding this Agreement or if You wish to request any information from Adobe please use the address and contact information included with this product to contact the Adobe office serving Your jurisdiction.
Collaboration Builder SDK
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