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user license agreement that ships with such Adobe software; (5) statement that Licensee and its suppliers retain all
right, title and interest in the subject Developer Program that is substantially similar to that set forth as Section 3
below, (6) statement that Licensee's suppliers disclaim all warranties, conditions, representations or terms with
respect to the subject Developer Program, and (7) limit of liability that disclaims all liability for the benefit of
Licensee's suppliers.
(c) "Material Improvement" shall mean perceptible, measurable and definable improvements to the Professional
Component Source Files that provide extended or additional significant and primary functionality that add
significant business value to the Professional Component Source Files.
(d) "Professional Component Source File" shall mean, if Licensee receives the SDK Components in connection with
licensing Flex Builder, each Flex Framework source code file that is provided with the SDK Components in the
directory labeled fbpro and/or another directory or directories as specified by Adobe from time to time.
2.1.3 Restrictions.
(a) General Restrictions. Except for the limited distribution rights as provided in Section 2.1.1 above with respect to
Professional Component Source Files, Licensee may not distribute, sell, sublicense, rent, loan, or lease the SDK
Components and/or any component thereof to any third party. Licensee also agrees not to add or delete any program
files that would modify the functionality and/or appearance of other Adobe software and/or any component thereof.
(b) Development Restrictions. Licensee agrees that Licensee will not use the SDK Components to create, develop or
use any program, software or service which (1) 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; (2) when used in the manner in which it is
intended, violates any material law, statute, ordinance or regulation (including without limitation the laws and
regulations governing export control, unfair competition, antidiscrimination or false advertising); or (3) interferes
with the operability of other Adobe or third-party programs or software.
(c) Indemnification. Licensee agrees 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 Developer Programs, provided that Adobe gives Licensee prompt written notice of any such claim, tenders to
Licensee the defense or settlement of such a claim at Licensee's expense, and cooperates with Licensee, at
Licensee's expense, in defending or settling such claim.
2.2 Sample Code. Licensee may modify the Sample Code solely for the purposes of designing, developing and
testing Licensee's own software applications. However, Licensee is permitted to use, copy and redistribute its
modified Sample Code only if all of the following conditions are met: (a) Licensee includes Adobe's copyright
notice (if any) with Licensee's application, including every location in which any other copyright notice appears in
such application; and (b) Licensee does not otherwise use Adobe's name, logos or other Adobe trademarks to
market Licensee's application. Licensee agrees 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 Licensee's applications, provided that Adobe gives Licensee prompt written notice of any such claim,
tenders to Licensee the defense or settlement of such a claim at Licensee's expense, and cooperates with Licensee, at
Licensee's expense, in defending or settling such claim.
2.3 Restrictions
2.3.1 No Modifications, No Reverse Engineering. Except as specifically provided herein , Licensee shall not modify,
port, adapt or translate the SDK Components. Licensee shall not reverse engineer, decompile, disassemble or
otherwise attempt to discover the source code of the SDK Components. Notwithstanding the foregoing, decompiling
the SDK Components is permitted to the extent the laws of Licensee's jurisdiction give Licensee the right to do so to
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