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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.
8. 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 Licensee by Adobe with additional
or different terms. The English version of this Agreement shall be the version used when interpreting or construing this Agree-
ment. This is the entire agreement between Adobe and Licensee relating to the SDK Components and it supersedes any prior
representations, discussions, undertakings, communications or advertising relating to the SDK Components.
9. Notice to U.S. Government End Users.
9.1 Commercial Items. The SDK Components 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 Unpublished-rights reserved under the copyright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.
9.2 U.S. Government Licensing of Adobe Technology. Licensee agrees that when licensing Adobe SDK
Components for acquisition by the U.S. Government, or any contractor therefore, Licensee will license consistent
with the policies set forth in 48 C.F.R. Section 12.212 (for civilian agencies) and 48 C.F.R. Sections 227-7202-1 and
227-7202-4 (for the Department of Defense). For U.S. Government End Users, Adobe agrees to comply with all
applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended,
Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of
the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and
60-741. The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by
reference in this Agreement.
10. Compliance with Licenses.
Adobe may, at its expense, and no more than once every twelve (12) months, appoint its own personnel or an
independent third party to verify the number of copies and installations as well as usage of the Adobe software in
use by Licensee. Any such verification shall be conducted upon seven (7) business days notice, during regular
business hours at Licensee's offices and shall not unreasonably interfere with Licensee's business activities. Both
Adobe and its auditors shall execute a commercially reasonable non-disclosure agreement with Licensee before
proceeding with the verification. If such verification shows that Licensee is using a greater number of copies of the
SDK Components than that legitimately licensed, or are deploying or using the SDK Components in any way not
permitted under this Agreement and which would require additional license fees, Licensee shall pay the applicable
fees for such additional copies within thirty (30) days of invoice date, with such underpaid fees being the license
fees as per Adobe's then-current, country specific, license fee list. If underpaid fees are in excess of five percent
(5%) of the value of the fees paid under this Agreement, then Licensee shall pay such underpaid fees and Adobe's
reasonable costs of conducting the verification. This Section shall survive expiration or termination of this
Agreement for a period of two (2) years.
11. Third-Party Beneficiary.
Licensee acknowledges and agrees that Adobe's licensors(and/or Adobe if Licensee obtained the SDK Components
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