These notices may be updated from time to time in Adobes sole discretion and you are responsible for checking the website and complying with the third party notices.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.
Adobe Flash Media Encoder Code Of TheThe 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 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. 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. You shall not delete or in any manner alter the copyright notices, trademarks, logos or related notices, or other proprietary rights notices of Adobe (and its licensors, if any) appearing on or within 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 Adobes and its suppliers proprietary rights in the source code for the Software are protected. 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 andor 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. 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. You agree to cease use of the Software immediately upon 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. 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. 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. 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. Unpublished-rights reserved under the copyright laws of the United States. Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA 95110-2704, USA. Such required third party software notices andor additional terms and conditions are located at (or a successor website thereto) and are made a part of and incorporated by reference into this Agreement.
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