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SWF and FLV File Format Specification License Agreement

ADOBE SYSTEMS INCORPORATED

By using this SWF and FLV File Format Specification (the "Specification"), you agree to this SWF and FLV File Format Specification License Agreement (the "License").

1. Definitions

a. "Specification" means the file format documentation provided to you pursuant to this License to assist you in the creation of media in the SWF or FLV File Format.

b. "Products" means your software product(s) and/or service(s) in which you output the SWF or FLV File Format through the use of the Specification.

c. "SWF" means the file format designated by .SWF and compatible for playback in the Adobe Flash Player software.

d. "FLV" means the file format designated by .FLV and compatible for playback in the Adobe Flash Player software.

e. "Errors" mean any reproducible quality assurance issue, failure, or malfunction in your Products including, but not limited to, the inability to playback sound or display fonts in an Adobe® Flash® Player.

2. Licenses

Pursuant to the terms and conditions of this License, you are granted a nonexclusive license to use the Specification for the sole purposes of developing Products that output SWF or FLV.

3. Restrictions

a. You may not use the Specification in any way to create or develop a runtime, client, player, executable or other program that reads or renders SWF files.

b. You will not make or distribute copies of the Specification, or electronically transfer the Specification outside your company.

c. You agree to identify the SWF or FLV output from within your Product, whether from the Save As, Export, or equivalent menus, as "SWF" or " FLV" and to refer to Adobe Flash according to the Trademark Usage Guidelines at www.adobe.com/go/flash_trademark.

d. If your Product SWF or FLV export support will be added via a stand-alone plug-in or equivalent, you agree to identify the SWF or FLV export feature as '[Product] Exporter for SWF' or '[Product] Exporter for FLV'.

e. You agree that your Product must output SWF or FLV files that can play back without Errors in the latest versions of the Adobe Flash Players as listed at www.adobe.com/go/flashsource_platforms ("Adobe Supported Platforms") as may be amended from time to time at Adobe's sole discretion.

4. Software Defect Reporting

If you find defects in the Specification, you should report them to flashformat@adobe.com. Adobe will evaluate and, at its sole discretion, may address them in a future revision of the Specification.

5. Updates

You understand and agree that Adobe may amend, modify, change, and cease distribution or production of the Specification at any time. You understand that this License does not entitle you to receive any upgrades, updates, or future versions of the Specification under this License.

6. Ownership

Adobe and its suppliers or licensors shall retain all right, title, and interest to the Specification. All rights not expressly granted herein are reserved by Adobe.

7. Trademark

Adobe, Flash, Flex and Flex Builder and are the trademarks or registered trademarks of Adobe Systems Incorporated in the United States and other countries. Such trademarks may not be used to endorse or promote any product unless expressly permitted under separate agreement with Adobe.

8. Indemnity

You will indemnify and hold Adobe harmless from any third party claim, loss, or damage (including attorney's fees) related to your use of the Specification or your inclusion of SWF or FLV into your Product(s).

9. Disclaimer of Warranties and Technical Support

THE SPECIFICATION IS PROVIDED TO YOU FREE OF CHARGE, AND ON AN "AS IS" BASIS AND "WITH ALL FAULTS", WITHOUT ANY TECHNICAL SUPPORT OR WARRANTY OF ANY KIND FROM ADOBE. YOU ASSUME ALL RISKS THAT THE SPECIFICATION IS SUITABLE OR ACCURATE FOR YOUR NEEDS AND YOUR USE OF THE SPECIFICATION IS AT YOUR OWN DISCRETION AND RISK. ADOBE DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES FOR THE SPECIFICATION INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT, TITLE OR QUIET ENJOYMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. THESE LIMITATIONS OR EXCLUSIONS OF WARRANTIES AND LIABILITY MAY NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER; I.E., A PERSON ACQUIRING GOODS OTHERWISE THAN IN THE COURSE OF A BUSINESS.

10. Limitation of Damages

NEITHER ADOBE NOR ITS SUPPLIERS OR LICENSORS SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE), ARISING OUT OF THIS LICENSE WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADOBE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the bargain between Adobe and you. You agree that Adobe would not be able to provide the documentation on an economic basis without such limitations.

11. General

This License shall be governed by the statutes laws of the State of California, without regard to the conflicts of law principles thereof. This License contains the complete agreement between you and Adobe with respect to the subject matter of this License, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. Any dispute arising out of or related to this Agreement shall be brought in the state and federal courts located in Santa Clara County, California, USA. All questions concerning this License shall be directed to: Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA 95110, Attention: General Counsel.


Revised: June 27, 2007