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Adobe Flash Runtime Distribution License

Publisher has developed, intends to develop, has contracted to develop or intends to contract to have developed one or more End-User Products, which it desires to distribute to end-users. Adobe hereby licenses Publisher to distribute the Adobe Runtime within such End-User Products without payment of a royalty to Adobe, subject to the terms of this License.

1. Definitions
(a) A “Developer” creates the End-User Products, using the Adobe Software.

(b) An "End-User Product" is the output file, or projector, generated by the Adobe Software, which includes a component of the Adobe Software called the Adobe Runtime. Animations, courseware, presentations, demonstration files, interactive multimedia material, interactive entertainment products and the like are examples of End-User Products.

(c) The “Adobe Runtime” is a portion of the Adobe Software required by the End User Product for the End-User Product to operate when the Adobe Software product is not resident.

(d) The “Adobe Software” is the Adobe Flash authoring software product.

(e) A “Publisher” causes the Publisher Products to be reproduced and distributed to end-users, whether directly or indirectly, through distributors or resellers. A Publisher may also be the Developer, or may have contracted with the Developer to create the Publisher Product.

(f) “Publisher Products” means the End-User Products developed through use of the Adobe Software.

2. Grant of Rights
(a) Publishing License.

(i) Adobe grants to Publisher a non- exclusive, non-transferable, perpetual, worldwide, nonroyalty bearing license to incorporate, or have incorporated by its Developer, object code copies of the Adobe Runtime into Publisher Products and to display, perform, copy, advertise, promote, distribute, license and sub-license such copies, subject to Publisher’s compliance with the terms of this License. Publisher has no right to, and agrees not to display, perform, copy, distribute, license and sub-license copies of the Adobe Runtime except as a part of or within a Publisher Product.

(ii) End-User Products developed using Educational, Academic or Not For Resale (NFR) versions of the Adobe Software are restricted to internal use only and are not included within the definition of Publisher Products.

(iii) Publisher’s end-user license agreement shall contain, at a minimum, the following limitations: (1) no title to or ownership rights in the Publisher Product or any portion of the Publisher Product are transferred; (2) the end-user shall not reverse compile or disassemble the Publisher Product.

(iv) Publisher’s rights to distribute Publisher Products created by a Developer are subject to Publisher and Developer having entered into a written agreement requiring Developer to comply with this Section 2(a). Publisher’s failure to require Developer to so comply will be deemed a material breach of this License.

3. General
(a) Indemnification of Adobe. With the exception of claims which may relate solely to the operation of the Adobe Runtime itself, Publisher shall indemnify and hold Adobe harmless against all claims, demands, suits, liabilities, losses, damages, judgments, settlements, costs and expenses, (including reasonable attorneys’ fees) arising out of third party claims against Adobe relating to the performance, promotion and/or distribution of the Publisher Products.

(b) Governing Law and Legal Actions. This License shall be governed by internal laws of the State of California.