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<p class="c2"><b>ADOBE SYSTEMS
INCORPORATED</b></p>
<p class="c2"><b>SOFTWARE DEVELOPMENT
KIT</b></p>
<p class="c2"><b>LICENSE AGREEMENT</b></p>
<p class="c2"><b>Adobe® Flex® 4.6
SDK</b></p>
<p class="c3"><b>1. NO WARRANTY, LIMITATION OF
LIABILITY, BINDING AGREEMENT AND ADDITIONAL TERMS AND
AGREEMENTS.</b></p>
<p class="c4"><b>1.1 WARRANTY
DISCLAIMER.</b> YOU ACKNOWLEDGE THAT THE
SDK MAY BE PRONE TO BUGS AND/OR STABILITY ISSUES. THE SDK IS
PROVIDED TO YOU “AS IS,” AND ADOBE AND ITS
SUPPLIERS DISCLAIM ANY WARRANTY OR LIABILITY OBLIGATIONS TO YOU OF
ANY KIND. YOU ACKNOWLEDGE THAT ADOBE MAKES NO EXPRESS, IMPLIED, OR
STATUTORY WARRANTY OF ANY KIND WITH RESPECT TO THE SDK INCLUDING
ANY WARRANTY WITH REGARD TO PERFORMANCE, MERCHANTABILITY,
SATISFACTORY QUALITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR
PURPOSE. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THE SDK AND YOUR USE OF AND OUTPUT FROM THE SDK. Adobe is not
obligated to provide maintenance, technical support or updates to
you for any portion of the SDK. The foregoing limitations,
exclusions and limitations shall apply to the maximum extent
permitted by applicable law, even if any remedy fails its essential
purpose.</p>
<p class="c4"><b>1.2 LIMITATION OF
LIABILITY.</b> IN NO EVENT WILL ADOBE OR
ITS SUPPLIERS BE LIABLE TO YOU FOR ANY LOSSES, 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 LOSSES,
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
SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE
LIMITED TO THE AMOUNT PAID FOR THE SDK, IF ANY. THIS LIMITATION ON
ADOBE AND ITS SUPPLIERS WILL APPLY EVEN IN THE EVENT OF A
FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR
MATERIAL TERMS OF THIS AGREEMENT. Nothing contained in this
Agreement limits Adobe’s, or its suppliers, liability to
you in the event of death or personal injury resulting from
Adobe’s negligence or for the tort of deceit (fraud).
Adobe is acting on behalf of its suppliers for the purpose of
disclaiming, excluding and limiting obligations, warranties and
liability, but in no other respects and for no other
purpose.</p>
<p class="c4"><b>1.3 Binding Agreement. This
Agreement governs installation and use of the Flex SDK. You agree
that this Agreement is like any written negotiated agreement signed
by you. By clicking to acknowledge agreement to be bound during
review of an electronic version of this Agreement or by
downloading, copying, installing or using any portion of this SDK,
you accept all the terms and conditions of this Agreement. This
Agreement is enforceable against you and any person or entity that
obtains this SDK or on whose behalf they are used: for example,
your employer. If you do not agree to the terms of this Agreement,
do not use any portion of this SDK. This Agreement shall apply to
any portion of the SDK, regardless of whether other software is
referred to or described herein.</b></p>
<p class="c4"><b>1.4 Additional Terms and
Agreements. You may have a separate written agreement with Adobe
that supplements or supersedes all or portions of this Agreement.
Your use of some third party materials included in the SDK may be
subject to other terms and conditions typically found in a separate
license agreement or a “Read Me” file located
near such materials or in the “Third Party Software
Notices and/or Additional Terms and Conditions” found
at</b> <a target="ADB-ESG" href=
"http://www.adobe.com/go/thirdparty">http://www.adobe.com/go/thirdparty</a><b>.
Such other terms and conditions may require you to pass
through notices to your end users. Such other terms and conditions
will supersede all or portions of this Agreement in the event of a
conflict with the terms and conditions of this
Agreement.</b></p>
<p class="c3"><b>2. Definitions.</b></p>
<p class="c4"><b>2.1
“Adobe”</b> means Adobe
Systems Incorporated, a Delaware corporation, 345 Park Avenue, San
Jose, California 95110, if Section 9(a) of this Agreement applies;
otherwise it means Adobe Systems Software Ireland Limited,
4-6 Riverwalk, Citywest Business Campus, Dublin 24, Ireland, a
company organized under the laws of Ireland and an affiliate and
licensee of Adobe Systems Incorporated.</p>
<p class="c4"><b>2.2 “Authorized
Users”</b> means employees and
individual contractors (i.e., temporary employees) of
you.</p>
<p class="c4"><b>2.3 “Build
Tools”</b> means build files,
compilers, runtime libraries (but not the complete Runtime
Software), and other tools accompanying this Agreement, including,
for example, the contents of the bin, lib, and runtime directories,
adl.exe, adl.bat and adt.jar.</p>
<p class="c4"><b>2.4 “Developer
Programs”</b> means your
applications, libraries, components or programs that are created
using portions of this SDK in accordance with the terms of this
Agreement.</p>
<p class="c4"><b>2.5
“Documentation”</b> means
the written materials accompanying this Agreement, including, for
example, technical specifications, file format documentation and
application programming interface (API) information.</p>
<p class="c4"><b>2.6 “Effective
Date”</b> means the date that you
download or otherwise access the any portion of the SDK.</p>
<p class="c4"><b>2.7 “Material
Improvement”</b> means
perceptible, measurable and definable improvements that provide
extended or additional significant and primary functionality and
adds significant business value.</p>
<p class="c4"><b>2.8 “Professional
Component Source Files”</b> means,
if you receive the Build Tools and Documentation in connection with
licensing Adobe Flash® Builder™, each Flex Framework
source code file that is provided with the SDK in a directory or
directories as specified by Adobe from time to time.</p>
<p class="c4"><b>2.9 “Runtime
Components”</b> means any of the
individual files, libraries, or executable code contained in the
Runtime Software directory (e.g. the runtime folder) or the Runtime
Software utilities included with the utilities directory or
installer files.</p>
<p class="c4"><b>2.10 “Runtime
Software”</b> means the Adobe
runtime software in object code format named “Adobe
AIR” or “Adobe Flash Player “that is to
be installed by end-users and all updates to such software made
available by Adobe.</p>
<p class="c4"><b>2.11 “Sample
Code”</b> means sample software in
source code format and found in directories labeled
“samples” and “templates” and
any other directory or directories as specified by Adobe from time
to time.</p>
<p class="c4"><b>2.12
“SDK”</b> means the Build
Tools, Documentation, Flex Framework Binaries, Professional
Component Source File, Runtime Components, Runtime Software, Sample
Code, SDK Source Files, files, libraries and executables that are
described in a “Read Me” file or other similar
file as being included as part of the Flex Software Development
Kit, including the build files, compilers, and related information,
as well as the file format specifications, if any, and any related
information accompanying this Flex Software Development Kit,
including any updates thereto, that are downloaded to your computer
or otherwise used by you.</p>
<p class="c4"><b>2.13 “SDK Source
Files”</b> means source code files
included in the directory “frameworks” that
accompany this Agreement.</p>
<p class="c4"><b>2.14 “Flex Framework
Binaries”</b> means the object
code libraries included “frameworks” directory
that accompanies this Agreement.</p>
<p class="c3"><b>3. License and License
Restrictions.</b></p>
<p class="c4">Subject to the terms and conditions
of this Agreement, Adobe grants to you a non-exclusive,
non-transferable license to use this SDK according to the terms and
conditions of this Agreement, on the licensed platforms and
configurations.</p>
<p class="c4"><b>3.1 Build Tools, Documentation,
Flex Framework Binaries, Professional Component Source Files,
Sample Code and SDK Source Files.</b></p>
<p class="c4"><b>3.1.1 Build Tools and
Documentation.</b> Subject to the terms and
conditions of this Agreement and except as otherwise expressly
provided in this Agreement, Adobe grants you a non-exclusive,
nontransferable license to (a) use the Build Tools and
Documentation for the sole purpose of internally developing
Developer Programs, and (b) use the Build Tools and
Documentation as part of your website for the sole purpose of
compiling the Developer Programs that are distributed through the
your website. This Agreement does not grant you the right to
distribute the Build Tools, Documentation or Runtime Software. For
more information about obtaining the rights to distribute such
components with your product or service, please refer to
<a target="ADB-ESG" href=
"http://www.adobe.com/go/redistributeairsdk">http://www.adobe.com/go/redistributeairsdk</a>
and <a target="ADB-ESG" href=
"http://opensource.adobe.com/wiki/display/flexsdk/Legal+Stuff">http://opensource.adobe.com/wiki/display/flexsdk/Legal+Stuff</a>.
</p>
<p class="c4"><b>3.1.2 Professional Component
Source Files.</b> With respect to each
Professional Component Source Files and subject to the terms and
conditions of this Agreement, if your version of the SDK includes
Professional Component Source Files, Adobe grants you a
non-exclusive, nontransferable license to (a) modify and
reproduce such Professional Component Source File for use as a
component of your Developer Programs provided that you add Material
Improvements to such Professional Component Source File;
(b) distribute such Professional Component Source File in
object code form and/or source code form only as a component of
Developer Programs that add Material Improvements to such
Professional Component Source File subject to the requirements in
Section 3.2 below; and (c) for the avoidance of doubt,
you shall have no rights to the Professional Component Source Files
(or the object code form of such files), except to the extent
such Professional Component Source Files are provided to you in
connection with your licensing of Flash Builder Premium.</p>
<p class="c4"><b>3.1.3 Sample Code.</b></p>
<p class="c4">(a) Distribution with Developer
Programs. You may modify the Sample Code solely for the purposes of
designing, developing and testing your own Developer Programs.
However, you are permitted to use, copy and redistribute its
modified Sample Code only if all of the following conditions in 3.2
below are met.</p>
<p class="c4">(b) Distribution of Sample Code
Stand-Alone. You may distribute Sample Code in source code or
object code format on a stand-alone basis or as bundled with other
software, as long as you first make modifications to such Sample
Code that result in Material Improvements.</p>
<p class="c4"><b>3.1.4 SDK Source
Files.</b></p>
<p class="c4">(a) You may modify the SDK Source
Files provided to you in human readable (i.e. source code) format.
You may incorporate the modified SDK Source Files into your
Developer Programs. You may not modify any other portions of the
SDK, except as explicitly set forth in in this Agreement. You may
not delete or in any manner alter the copyright notices,
trademarks, logos or related notices, or other proprietary notices
of Adobe (and its licensors, if any) appearing on or within any
portion of this SDK other than Sample Code or SDK Source Files that
constitute Material Improvements by you in accordance with this
Agreement;</p>
<p class="c4">(b) You may distribute SDK Source
Files in source code or object code format on a stand-alone basis
or as bundled with other components useful to developers, as long
as you first make modifications to such files that result in
Material Improvements, and provided that you include a copyright
notice reflecting copyright ownership in such modified
files.</p>
<p class="c4"><b>3.1.5 Flex Framework Binaries.</b>
Subject to the terms and conditions of this Agreement, Adobe grants
You a non-exclusive, nontransferable license to: (a) modify
those Flex Framework Binaries that have not been digitally signed
(signed binaries are denoted by an “.SWZ”
extension); (b) internally use and reproduce the Flex
Framework Binaries (in modified or unmodified form) for the purpose
of developing Developer Programs, (c) internally use and
reproduce the Flex Framework Binaries (in modified or unmodified
form) as part of Your internal website for the purpose of compiling
the Developer Programs, (d) copy and distribute the Flex
Framework Binaries (in modified or unmodified form) as compiled
into Developer Programs; (e) copy and distribute, through
multiple tiers of distribution, the Flex Framework Binaries (in
modified or unmodified form) with a Developer Program for use at
runtime of such Developer Program, and (f) copy and include
the Flex Framework Binaries (in modified or unmodified form) as
part of Your public website for use at runtime by the Developer
Programs that are distributed from Your website(s). You may in no
instance modify Flex Framework Binaries that have been digitally
signed.</p>
<p class="c4"><b>3.2 Additional Distribution
Requirements.</b> If you distribute Flex
Framework Binaries, Professional Component Source Files, Sample
Code or SDK Source Files under this Agreement, you must
(a) include a copyright notice in such code, files, the
relevant Developer Program or other larger work incorporating such
code or files, including every location in which any other
copyright notice appears in such application and
(b) distribute such object code and/or source code under the
terms and conditions of an end user license agreement that provides
(i) a prohibition against reverse engineering, decompiling,
disassembling or otherwise attempting to discover the source code
of the subject Developer Program that is substantially similar to
the prohibition set forth in Section 3.3.1 below; (ii) a
statement that your suppliers disclaim all warranties, conditions,
representations or terms with respect to the subject Developer
Program; and (iii) a limitation of liability that disclaims
all liability for the benefit of your suppliers. You may 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 such Professional
Component Source File and/or Build Tools and Documentation, or any
documentation relating to the Build Tools and Documentation. You
may not make any statement that any Developer Program or other
software is “certified” or otherwise guaranteed
by Adobe. You may not use Adobe’s name, trademarks or
logos to market any Developer Program or other software without
written permission from Adobe. Adobe is not responsible to you or
any other party for any software updates or support or other
liability that may arise from your distribution. You may not use
“flex,” “flash,”
“fl”, “adobe” or
“air” in any new package or class names
distributed with the Professional Component Source Files, Sample
Code, or SDK Source Files. You agree to identify any modified files
with a prominent notice stating that you have changed the file. Any
Developer Programs developed by you will be designed to operate in
connection with Adobe Flash Builder, Adobe Flex Data Services
Software, Adobe LiveCycle Data Services, the Runtime Software or
with portions of this SDK.</p>
<p class="c4"><b>3.3 Restrictions.</b></p>
<p class="c4"><b>3.3.1 No Modifications, No
Reverse Engineering.</b> Except as
specifically provided herein, you shall not (a) modify, port,
adapt or translate the any portion of this SDK; (b) add or
delete any program files that would modify the functionality and/or
appearance of other Adobe software and/or any component thereof; or
(c) reverse engineer, decompile, disassemble or otherwise
attempt to discover the source code of any portion of this SDK.
Notwithstanding the foregoing, decompiling the SDK is permitted to
the extent the laws of your jurisdiction give you the right to do
so to obtain information necessary to render the licensed portions
of the SDK interoperable with other software; provided, however,
that you must first request such information from Adobe and Adobe
may, in its sole 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
SDK are protected.</p>
<p class="c4"><b>3.3.2 No Unbundling.</b>
The SDK may include various applications,
utilities and components, may support multiple platforms and
languages or may be provided to you on multiple media or in
multiple copies. Nonetheless, the SDK is designed and provided to
you as a single product to be used as a single product on computers
and platforms as permitted herein. You are not required to use all
component parts of the SDK, but you shall not unbundle or repackage
the component parts of the SDK for distribution, transfer, resale
or use on different computers.</p>
<p class="c4"><b>3.3.3 No Transfer.</b>
You shall not sublicense, assign or transfer the
SDK or your rights in the SDK, or authorize any portion of the SDK
to be copied onto or accessed from another individual’s or
entity’s computer except as may be explicitly provided in
this Agreement. Notwithstanding anything to the contrary in this
Section 3.3.3, you may transfer copies of the SDK installed on one
of your computers to another one of your computers provided that
the resulting installation and use of the SDK is in accordance with
the terms of this Agreement and does not cause you to exceed your
right to use the SDK under this Agreement.</p>
<p class="c4"><b>3.3.4 Prohibited Use.</b>
Except as expressly authorized under this
Agreement, you are prohibited from: (a) using the 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.</p>
<p class="c4"><b>3.3.5 Other
Prohibitions.</b> 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.</p>
<p class="c4"><b>3.3.6 AVC Codec Use.</b>
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 <a target="ADB-ESG" href=
"http://www.mpegla.com/">http://www.mpegla.com</a>.
</p>
<p class="c3"><b>4.
Indemnification.</b></p>
<p class="c4">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.</p>
<p class="c3"><b>5. Intellectual Property
Rights.</b></p>
<p class="c4">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.</p>
<p class="c3"><b>6. MP3 Codec Use.</b></p>
<p class="c4">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).</p>
<p class="c3"><b>7. Export Rules.</b></p>
<p class="c4">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.</p>
<p class="c3"><b>8. Adobe AIR Trademark
Guidelines.</b></p>
<p class="c4">“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.</p>
<p class="c3"><b>9. Governing Law.</b></p>
<p class="c4">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, 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.</p>
<p class="c3"><b>10. Non-Blocking of Adobe
Development.</b></p>
<p class="c4">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.</p>
<p class="c3"><b>11. Term and
Termination.</b></p>
<p class="c4">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.</p>
<p class="c3"><b>12. General
Provisions.</b></p>
<p class="c4">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.”</p>
<p class="c3"><b>13. Notice to U.S. Government End
Users.</b></p>
<p class="c4">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.
Unpublished-rights reserved under the copyright laws of the United
States. Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA
95110-2704, USA.</p>
<p class="c3"><b>14. Third-Party
Beneficiary.</b></p>
<p class="c4">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.</p>
<p class="c5">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.</p>
<p class="c6">Adobe_Flex_Software_Development_Kit-en_US-20110916_0930 </p>
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