ADOBE
Adobe Flash
Media Live 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.
“Content” means audio, video and/or data.
“Flash Media Server” means Adobe’s proprietary software product
that streams Content over the Internet and IP networks to the Flash Player and other Flash Media Servers.
“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 Content.
“Video Format” means the .flv data format, as documented by
Adobe, in which Content 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 Content, encode the Content into Video Format (“Encoded Content”) and record the Encoded Content to a FLV File or F4V 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.
2.3 Third Party Software. The
Software may contain third party software which requires notices and/or
additional terms and conditions. Such
required third party software notices and/or additional terms and conditions
are located at http://www.adobe.com/products/eula/third_party/flashmediaencoder
(or a successor website thereto) and are made a part of and incorporated by
reference into this Agreement. These
notices may be updated from time to time in Adobe’s sole discretion and you are
responsible for checking the website and complying with the third party
notices.
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 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
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. 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.
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, 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 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
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
FlashMediaLiveEncoder_WWEULA_En_20080729