Samsung CLX-3305 Fleet Admin Pro Overview Admin Guide - Page 63

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 SDK is obtained when you are in the United States, Canada, or Mexico; or (b) Japan, if a license to the SDK 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 SDK 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. Non-Blocking of Adobe Development. You acknowledge that Adobe is currently developing or may develop technologies and products in the future that have or may have design and/or functionality similar to products that you may develop based on your license herein. Nothing in this Agreement shall impair, limit or curtail Adobe's right to continue with its development, maintenance and/or distribution of Adobe's technology or products. You agree that you shall not assert in any way any patent owned by you arising out of or in connection with this SDK or modifications made thereto against Adobe, its subsidiaries or affiliates, or their customers, direct or indirect, agents and contractors for the manufacture, use, import, licensing, offer for sale or sale of any Adobe products. 11. Term and Termination. This Agreement will commence upon the Effective Date and continue in perpetuity unless terminated as set forth herein. Adobe may terminate this Agreement immediately if you breach any of its terms. Sections 1, 2, 3.3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 will survive any termination of this Agreement. Upon termination of this Agreement, you will cease all use and distribution of the SDK and return to Adobe or destroy (with written confirmation of destruction) the SDK promptly at Adobe's request, together with any copies thereof. 12. 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 shall remain valid and enforceable according to its terms. Updates may be licensed to you by Adobe with additional or different terms. The English version of this Agreement shall be the version used when interpreting or construing this Agreement. This is the entire agreement between Adobe and you relating to the SDK and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the SDK. The use of "includes" or "including" in this Agreement shall mean "including without limitation." 13. Notice to U.S. Government End Users. The SDK and any 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. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable. Consistent with 48 C.F.R. Section 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. Unpublishedrights reserved under the copyright laws of the United States. Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA 95110-2704, USA. 14. Third-Party Beneficiary. You acknowledge and agree that Adobe's licensors (and/or Adobe if you obtained the SDK from any party other than Adobe) are third party beneficiaries of this Agreement, with the right to enforce the obligations set forth herein with respect to the respective technology of such licensors and/or Adobe. Adobe, AIR, Flash Builder, Flex and LiveCycle are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries. Adobe_Flex_Software_Development_Kit-en_US-20100101_1530 ARPHIC PUBLIC LICENSE Copyright (C) 1999 Arphic Technology Co., Ltd. 11Fl. No.168, Yung Chi Rd., Taipei, 110 Taiwan All rights reserved except as specified below. Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is forbidden. Preamble The licenses for most software are designed to take away your freedom to share and change it. By contrast, the ARPHIC PUBLIC LICENSE specifically permits and encourages you to use this software, provided that you give the recipients all the rights that we gave you and make sure they can get the modifications of this software. Legal Terms Open Source Information_63