This one comes with the encoder, is more detailed.
2.1 and 4.3 .
João Fernandes
ADOBE
Adobe Flash Media Encoder
Software License Agreement
NOTICE TO USER: PLEASE READ THIS SOFTWARE LICENSE AGREEMENT
("AGREEMENT") CAREFULLY. BY COPYING, 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
SECTION 2; TRANSFERABILITY IN SECTION 4.4; WARRANTY DISCLAIMER IN
SECTION 5; AND LIMITATION OF LIABILITY IN SECTION 6. YOU AGREE THAT THIS
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AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED
THE SOFTWARE AND ON WHOSE BEHALF IT IS USED: FOR EXAMPLE, IF
APPLICABLE, YOUR EMPLOYER. IF YOU DO NOT AGREE TO THE TERMS OF THIS
AGREEMENT, DO NOT USE THE SOFTWARE.
Adobe and its suppliers own all intellectual property in the Software.
The Software is licensed, not sold. Adobe permits you to copy, download,
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1. Definitions.
"Adobe" means Adobe Systems Incorporated, a Delaware corporation, 345
Park Avenue, San Jose, California 95110, if subsection 9(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.
"Flash Media Server" means Adobe's proprietary software that streams
audio, video and data over the Internet and IP networks and can be used
to create Web-based interactive media applications.
"Flash Player" means Adobe's proprietary client software application
that is installed on an end user's computer and allows such end user to
view Adobe Flash content.
"Flash Video Format" means audio and/or video content that is encoded
and formatted for playback via the Flash Player.
"Sample Code" means sample software and sample applications in source
code format made available through Adobe's website and/or provided with
the Software.
"Software" means all of the information with which this Agreement is
provided, including but not limited to (i) the object code version of
the Adobe or third party software files and other computer information;
(ii) Sample Code (if any); (iii) any upgrades, modified versions,
updates and/or additions to any of the foregoing, if provided to you by
Adobe; and (iv) related explanatory written materials and files,
including without limitation, the help files that are part of the
Software ("Documentation").
2. Software License.
*2.1 Software License. Subject to the terms and conditions of this
Agreement, Adobe hereby grants you a non-exclusive, worldwide,
royalty-free license to (a) download, install and use the Software
solely to capture video and/or audio content ("Content"), encode the
Content into Flash Video Format ("Encoded Content") and record the
Encoded Content to a FLV File and/or stream the Encoded Content to Flash
Media Server; and (b) make a reasonable number of copies of the
Documentation solely in connection with use of the Software in
accordance with this Agreement, but no more than the amount reasonably
necessary.*
2.2 Sample Code. Notwithstanding Section 2.1, for the Sample Code
only, you may modify the Sample Code solely for the purposes of
designing, developing, recording and saving files and testing your own
software applications. However, you are permitted to use, copy and
redistribute its modified Sample Code only if all of the following
conditions are met: (a) you include Adobe's copyright notice (if any)
with your application, including every location in which any other
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with you, at your expense, in defending or settling such claim.
3. Intellectual Property Ownership. 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 is the valuable trade secrets and confidential information of
Adobe and its suppliers. The Software is protected by law, including but
not limited to the copyright laws of the United States and other
countries, and by international treaty provisions. Except as expressly
stated herein, this Agreement does not grant you any intellectual
property rights in the Software and all rights not expressly granted are
reserved by Adobe and its suppliers.
4. Restrictions.
4.1 Notices. You may not copy the Documentation except as set forth in
Section 2. Any permitted copy of the Documentation that you make must
contain the same copyright and other proprietary notices that appear on
or in the Documentation.
4.2 No Modifications. You shall not modify, port, adapt or translate
the Software except you may modify the Sample Code solely as set forth
in Section 2.2. You shall not reverse engineer, decompile, disassemble
or otherwise attempt to discover the source code of the Software.
Notwithstanding the foregoing, decompiling the Software is permitted to
the extent the laws of your jurisdiction give you the right to do so to
obtain information necessary to render the Software interoperable with
other software; provided, however, that you must first request such
information from Adobe and Adobe may, in its discretion, either provide
such information to you or impose reasonable conditions, including a
reasonable fee, on such use of the source code to ensure that Adobe's
and its suppliers' proprietary rights in the source code for the
Software are protected.
*4.3 General Restrictions. When used for streaming the Encoded Content
to the Flash Media Server, you may only use the Software to stream
Encoded Content to the Flash Media Server. You may not use the Software
in any way to create a server, executable, or other program that will
steam or deliver data and/or content from a client to a server, from a
server to another server, or from a server to a client. You shall be
solely responsible to your end users for any update or support
obligation or other liability which may arise from the end users' access
to the Encoded Content. *
4.4 No Transfer. YOU MAY NOT RENT, LEASE, SELL, SUBLICENSE, ASSIGN OR
TRANSFER YOUR RIGHTS IN THE SOFTWARE, OR AUTHORIZE ANY PORTION OF THE
SOFTWARE TO BE COPIED ONTO ANOTHER INDIVIDUAL OR LEGAL ENTITY'S COMPUTER.
5. WARRANTY DISCLAIMER. THE SOFTWARE IS PROVIDED "AS IS" AND ADOBE
AND ITS AFFILIATES AND SUPPLIERS DISCLAIM ALL WARRANTIES, CONDITIONS,
REPRESENTATIONS AND TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE,
COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY MATTER, INCLUDING BUT
NOT LIMITED TO PERFORMANCE, SECURITY, NON-INFRINGEMENT OF THIRD PARTY
RIGHTS, INTEGRATION, MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY
QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS DISCLAIMER OF
WARRANTY MAY NOT BE VALID IN SOME STATES, SO IT MAY NOT APPLY TO YOU.
The provisions of Sections 5 and 6 will survive the termination of this
Agreement, howsoever caused, but this will not imply or create any
continued right to use the Software after termination of this Agreement.
6. LIMITATION OF LIABILITY. IN NO EVENT WILL ADOBE OR ITS AFFILIATES
OR SUPPLIERS BE LIABLE TO YOU FOR ANY LOSS, DAMAGES, CLAIMS OR COSTS
WHATSOEVER INCLUDING ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES,
ANY LOST PROFITS OR LOST SAVINGS, ANY DAMAGES RESULTING FROM BUSINESS
INTERRUPTION, PERSONAL INJURY OR FAILURE TO MEET ANY DUTY OF CARE, OR
CLAIMS BY A THIRD PARTY, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS. THE
FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY
APPLICABLE LAW IN YOUR JURISDICTION. ADOBE'S AGGREGATE LIABILITY AND
THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH THIS
AGREEMENT WILL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE AND SAMPLE
CODE, IF ANY. THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A
FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR
MATERIAL TERMS OF THIS AGREEMENT. THIS LIMITATION OF LIABILITY MAY NOT
BE VALID IN SOME STATES, SO IT MAY NOT APPLY TO YOU.
7. Term and Termination. This Agreement is effective until any
material breach of this Agreement by you occurs, upon which this
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to destroy the Software and all copies thereto. Sections 1, 3, 5, 6, 7,
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8. Export Rules. You agree that the Software 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 the Software is identified as an export
controlled item under the Export Laws, you represent and warrant that
you are not a citizen of, or located within, an embargoed or otherwise
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under the Export Laws from receiving the Software. All rights to use the
Software and are granted on condition that such rights are forfeited if
you fail to comply with the terms of this Agreement.
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accordance with the substantive laws in force in: (a) the State of
California, if a license to the Software is obtained when you are in the
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Software is obtained when you are in Japan, China, Korea, or other
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either an ideographic script (e.g., hanzi, kanji, or hanja), and/or
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applies, and the competent courts of London, England, when the law of
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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.
10. General Provisions. If any part of this Agreement is found void and
unenforceable, it will not affect the validity of the balance of this
Agreement, which will remain valid and enforceable according to its
terms. This Agreement will not prejudice the statutory rights of any
party dealing as a consumer. This Agreement may only be modified by a
writing signed by an authorized officer of Adobe. The English version of
this Agreement will be the version used when interpreting or construing
this Agreement. This is the entire Agreement between Adobe and you
relating to the Software and it supersedes any prior representations,
discussions, undertakings, communications or advertising relating to the
Software.
11. Notice to U.S. Government End Users. The Software and
Documentation are "Commercial Item(s)," as that term is defined at 48
C.F.R. Section 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. Sections 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.
FlashMediaEncoder_WWEULA_En_2007.02.05
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