This is the agreement we're taling about......
Adobe Flash Media Encoder
SOFTWARE 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, 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 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 Developer 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.. DEFINITIONS
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.
2.. "Adobe Enterprise Software" means the generally commercially available
versions of Adobe software branded as LiveCycle, ColdFusion or Flex.
3.. "Adobe Form Software" means the generally commercially available
versions of Adobe LiveCycle Forms, Adobe LiveCycle Reader Extensions, Adobe
Acrobat Professional and Adobe Acrobat Standard.
4.. "Developer" refers to any person or entity Using the Software, or any
component thereof.
5.. "Developer Programs" means Developer's application programs that are
designed to extract data from electronic documents that have been processed
with Adobe LiveCycle Forms software and at least one other Adobe Forms Software
product and delivered to Developer by Developer's Transaction Partner.
6.. "Documentation" means explanatory materials supplied with the Software
or made available online on Adobe web pages related to the Software.
7.. "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 Documentation and any upgrades, modified versions, updates, and/or additions
thereto, if any, provided to Developer by Adobe.
8.. "Transaction Partner" means a licensee of Adobe Form Software that has
identified Developer to Adobe as a prospective recipient of the Software.
9.. "Use", "Used" or "Using" means to access, install, download, copy or
otherwise benefit from using the Software.
2.. LICENSE
Subject to the terms and conditions of this Software License Agreement (this
"Agreement"), Adobe grants Developer a non-exclusive, nontransferable,
royalty-free license to Use the Software subject to the following limitations:
(a) if Developer has a valid license to Adobe Enterprise Software, then
Developer may Use the Software only in connection with such licensed Adobe
Enterprise Software for Developer's own internal business purposes; and (b) if
Developer does not have a valid license to Adobe Enterprise Software, then
Developer may Use the Software for the sole purpose of developing Developer
Programs and use such Developer Programs internally for Developer's own benefit
to facilitate the extraction of data from Portable Document Format files
delivered to Developer by a Transaction Partner. Use of the Software and
development and use of Developer Programs for any purpose not explicitly
permitted in this Agreement, including but not limited to using such Software
and Developer Programs as a substitute to obtaining a valid license to Adobe
software applications, is expressly prohibited. Adobe is under no obligation to
provide any support under this Agreement, including upgrades or future versions
of the Software and/or any component thereof, to any other party.
3.. RESTRICTIONS
Developer may not distribute, sell, sublicense, rent, loan, or lease the
Software or Developer Programs and/or any component thereof to any third party.
Developer agrees not to reverse engineer, decompile, disassemble or otherwise
attempt to discover the source code of the Software and/or any component
thereof except to the extent (i) Developer may be expressly permitted to
decompile under applicable law, (ii) it is essential to do so in order to
achieve operability of the Software with another software program, and (iii)
Developer has first asked Adobe to provide the information necessary to achieve
such operability 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 Developer by such permitted decompilation may only
be used by Developer 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. Requests for such information should
be directed to the Adobe Customer Support Department.
4.. CONFIDENTIAL INFORMATION
Developer agrees not to disseminate or in any way disclose the Software to
any person, firm or business except for Developer's employees who need to know
such information and who have previously agreed to be bound by a
confidentiality obligation consistent with the obligation set forth in this
Section 4. Further, Developer agrees to treat the Software with the same degree
of care as Developer accords to Developer's own confidential information, but
in any event no less than reasonable care. Developer's obligations under this
section with respect to the Software shall terminate when Developer can
document that such Software was (i) in the public domain at or subsequent to
the time it was communicated to Developer by Adobe through no fault of
Developer's, (ii) developed by Developer's employees or agents independently of
and without reference to any information communicated to Developer by Adobe; or
(iii) disclosed in response to a valid order by a court or other governmental
body, as otherwise required by law, or as necessary to establish the rights of
either party under this Agreement.
5.. INTELLECTUAL PROPERTY, OWNERSHIP, COPYRIGHT PROTECTION
The Software and any authorized copies that Developer makes 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. Developer
agrees to protect Adobe's copyright and other ownership interests in all items
in the Software. Developer agrees that all copies of items in the Software
reproduced for any reason by Developer 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 Developer 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.
6.. TERM
This Agreement is effective until terminated. Adobe has the right to
terminate this Agreement immediately if Developer fails to comply with any term
of this Agreement. Upon any such termination, Developer must immediately cease
use of the Software, return all full and partial copies of the Software, and
destroy all Developer Programs immediately to Adobe. Sections 1, 3, 4, 5, 6, 7,
8, 9, 11, 12 and 14 shall survive any termination and/or expiration of this
Agreement.
7.. DISCLAIMER OF WARRANTY
Adobe licenses the Software to Developer on an "AS IS" basis and without
warranty of any kind. ADOBE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE
PERFORMANCE OR RESULTS DEVELOPER 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 DEVELOPER IN
DEVELOPER'S 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 Developer.
Developer may have rights that vary from jurisdiction to jurisdiction. For
further warranty information, Developer may contact the Adobe Solutions Network
at the Adobe Systems Incorporated address provided above.
8.. LIMITATION OF LIABILITY
IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO DEVELOPER FOR ANY
DAMAGES, CLAIMS OR COSTS WHATSOEVER ARISING FROM THIS AGREEMENT AND/OR
DEVELOPER'S 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 DEVELOPER'S 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 Developer 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.
9.. INDEMNIFICATION
Developer agrees 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 of the Software and
Developer Programs, provided that Adobe gives Developer prompt written notice
of any such claim, tenders to Developer the defense or settlement of such a
claim at Developer's expense, and cooperates with Developer, at Developer's
expense, in defending or settling such claim.
10.. GOVERNMENT REGULATIONS
Developer agrees that, if any part of the Software is identified as export
controlled items under the Export Laws, Developer represents and warrants that
Developer is 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 Developer is 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 Developer fails 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 Developer is in the United States, Canada, or Mexico;
or (b) in Japan, if a license to the Software is obtained when Developer is 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) Ireland, if a license to the
Software is obtained when Developer is 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 Ireland, when the law of Ireland 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.
12.. GENERAL
Developer may not assign Developer's 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 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. If either Adobe or Developer
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. Developer acknowledges that Developer has read this Agreement,
understand it, and that it is the complete and exclusive statement of
Developer's agreement with Adobe which supersedes any prior agreement, oral or
written, between Adobe and Developer with respect to the licensing to Developer
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
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.
2.. U.S. Government Licensing of Adobe Technology. Developer agrees that
when licensing the Software for acquisition by the U.S. Government, or any
contractor therefore, Developer 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
1.. Limited Warranty for Users Residing in Germany or Austria. If Developer
obtained the Software in Germany or Austria, and Developer usually reside in
such country, then Section 7 does not apply, instead, Adobe warrants that the
Software provides the functionalities set forth in the Documentation (the
"agreed upon functionalities") for the limited warranty period following
receipt of the Software when Used on the recommended hardware configuration. As
used in this Section, "limited warranty period" means one (1) year if Developer
is a business user and two (2) years if Developer is not a business user.
Non-substantial variation from the agreed upon functionalities shall not be
considered and does not establish any warranty rights. THIS LIMITED WARRANTY
DOES NOT APPLY TO SOFTWARE PROVIDED TO DEVELOPER 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 DEVELOPER, TO THE EXTENT SUCH
ALTERATIONS CAUSED A DEFECT. To make a warranty claim, during the limited
warranty period Developer must return, at our expense, the Software and proof
of purchase to the location where Developer obtained it. If the functionalities
of the Software vary substantially from the agreed upon functionalities, Adobe
is entitled -- by way of re-performance and at its own discretion -- to repair
or replace the Software. If this fails, Developer is entitled to a reduction of
the purchase price (reduction) or to cancel the purchase agreement
(rescission). For further warranty information, please contact Adobe's Customer
Support Department.
2.. Limitation of Liability for Users Residing in Germany and Austria.
1.. If Developer obtained the Software in Germany or Austria, and
Developer usually resides in such country, then Section 8 does not apply.
Instead, subject to the provisions in Section 14.2.2, Adobe's statutory
liability for damages shall be limited as follows: (i) Adobe shall be liable
only up to the amount of damages as typically foreseeable at the time of
entering into the purchase agreement in respect of damages caused by a slightly
negligent breach of a material contractual obligation and (ii) Adobe shall not
be liable for damages caused by a slightly negligent breach of a non-material
contractual obligation.
2.. The aforesaid limitation of liability shall not apply to any
mandatory statutory liability, in particular, to liability under the German
Product Liability Act, liability for assuming a specific guarantee or liability
for culpably caused personal injuries.
3.. Developer is required to take all reasonable measures to avoid and
reduce damages, in particular to make back-up copies of the Software and
Developer's computer data subject to the provisions of this Agreement.
If Developer has any questions regarding this Agreement or if Developer wishes
to request any information from Adobe please use the address and contact
information included with this product to contact the Adobe office serving
Developer's jurisdiction.
Adobe, Acrobat, ColdFusion, Flex and LiveCycle are either trademarks or
registered trademarks of Adobe Systems Incorporated in the United States and/or
other countries.
_______________________________________________
Red5 mailing list
[email protected]
http://osflash.org/mailman/listinfo/red5_osflash.org
