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 AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY
YOU. THIS 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, install, use, or otherwise benefit from the functionality or
intellectual property of the Software only in accordance with the terms of this
Agreement.
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 copyright notice appears in such
application; and (b) you do not otherwise use Adobe's name, logos or other
Adobe trademarks to market your application. 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 your applications, 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 reasonably cooperates 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 Agreement
shall automatically terminate. You agree
to cease use of the Software immediately upon Adobe’s delivery of notice of
termination and to destroy the Software and all copies thereto. Sections 1, 3, 5, 6, 7, 8, 9, 10 and 11 shall
survive any termination of this Agreement.
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 restricted nation (including without
limitation Iran, Syria, Sudan, Libya, 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 and are granted on condition that such rights are
forfeited if you fail to comply with the terms of this Agreement.
9. Governing Law. This Agreement will be governed by and
construed in 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 United
States, Canada, or Mexico; or (b) 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 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 competent courts of London,
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.
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
