Samsung ML-5000 Fleet Admin Pro Overview Admin Guide - Page 62

SDK on behalf of third parties; (b) renting, leasing, lending or granting other rights in the SDK, including rights on a membership or subscription basis; and (c) providing use of the SDK in a computer service business, third party outsourcing facility or service, service bureau arrangement, network, or time sharing basis; (d) creating or distributing any software, including any Developer Program, that interoperates with individual Runtime Components in a manner not documented by Adobe; (e) creating or distributing any software, including any Developer Programs, that is designed to interoperate with an un-installed instance of the Runtime Software; (f) distributing your Developer Program as an AIR application, if such application does not interoperate with the Runtime Software; (g) creating or distributing any Developer Program that runs without installation; (h) installing or using the Build Tools or other portions of the SDK to develop software prohibited by this Section 3.3. Failure to comply with this Section 3.3.4 is a breach of this Agreement that immediately terminates all rights granted to you herein. 3.3.5 Other Prohibitions. You will not use the SDK to create, develop or use any program, software or service that (a) contains any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, (b) when used in the manner in which it is intended or marketed, violates any law, statute, ordinance, regulation or rights (including any laws, regulations or rights respecting intellectual property, computer spyware, privacy, export control, unfair competition, antidiscrimination or false advertising), or (c) interferes with the operability of Adobe or third-party programs or software. 3.3.6 AVC Codec Use. PORTIONS OF THIS PRODUCT ARE LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE http://www.mpegla. com. 4. Indemnification. You agree to defend, indemnify, and hold Adobe and its suppliers harmless from and against any and all liabilities, losses, actions, damages, lawsuits, or claims (including product liability, warranty and intellectual property claims, and all reasonable expenses, costs and attorneys fees), that arise or result from the use or distribution of any portion of the SDK or your Developer Programs, provided that Adobe gives you prompt written notice of any such claim, and cooperates with you, at your expense, in defending or settling such claim. 5. Intellectual Property Rights. The SDK and any copies that you are authorized by Adobe to make are the intellectual property of and are owned by Adobe Systems Incorporated and its suppliers. The structure, organization and code of the SDK are the valuable trade secrets and confidential information of Adobe Systems Incorporated and its suppliers. The SDK is protected by copyright, including by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the SDK and all rights not expressly granted are reserved by Adobe. 6. MP3 Codec Use. You may not modify the runtime libraries or any other Build Tools. You may not access MP3 codecs within the runtime libraries other than through the published runtime APIs. Development, use or distribution of a Developer Program that operates on non-PC devices and that decodes MP3 data not contained within a SWF, FLV or other file format that contains more than MP3 data may require one or more third-party license(s). 7. Export Rules. You acknowledge that this SDK is subject to the U.S. Export Administration Regulations (the "EAR") and that you will comply with the EAR. You will not export or re-export this SDK, or any portion hereof, directly or indirectly, to: (1) any countries that are subject to US export restrictions (currently including, but not necessarily limited to, Cuba, Iran, North Korea, Sudan, and Syria); (2) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems; or (3) any end user who has been prohibited from participating in the US export transactions by any federal agency of the US government. In addition, you are responsible for complying with any local laws in your jurisdiction which may impact your right to import, export or use the SDK. 8. Adobe AIR Trademark Guidelines. "Adobe® AIR®" is a trademark of Adobe that may not be used by others except under a written license from Adobe. You may not incorporate the Adobe AIR trademark, or any other Adobe trademark, in whole or in part, in the title of your Developer Programs or in your company name, domain name or the name of a service related to Adobe AIR. You may indicate the interoperability of its Developer Program with the Adobe AIR Runtime Software, if true, by stating, for example, "works with Adobe® AIR®" or "for Adobe® AIR®." You may use the Adobe AIR trademark to refer to your Developer Program as an "Adobe® AIR® application" only as a statement that your Developer Program interoperates with the Adobe AIR Runtime Software. 9. Governing Law. If you are a consumer who uses the SDK for only personal non-business purposes, then this Agreement will be governed by the laws of the state in which you purchased the license to use the SDK. If you are not such a consumer, Open Source Information_62