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<p><strong>ADOBE<br />
  SOFTWARE DEVELOPMENT KIT LICENSE FOR SWITCHBOARD.</strong></p>
<p class="c3">Notice to user: THIS IS A LICENSE AGREEMENT BETWEEN YOU  AND ADOBE. BY INDICATING YOUR ACCEPTANCE AS SET FORTH  BELOW, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. This  License Agreement accompanies the SWITCHBOARD Software Development Kit(s) for  the software and related explanatory materials (the “SDK”) and includes any  upgrades, modified versions, updates, additions, and copies of the SDK licensed  to You by Adobe. This copy of the  SDK is licensed to You as the end user or to Your employer or another third  party authorized to permit Your use of the SDK. You agree that this License  Agreement is enforceable like any written negotiated agreement signed by you  and that your use of the SDK constitutes acceptance of the Agreement terms. If  you do not agree to the terms of this Agreement, do not use this SDK software.</p>
<p class="c4"><b>1. DEFINITIONS.</b></p>
<p>&nbsp;</p>
<p>In this License Agreement, SDK means the API  Information, Sample Code, Tools, Documentation, and other related items. This  License Agreement does not govern the use of Adobe  Products. See the end user license agreements accompanying the Adobe Products for governing terms. Adobe Products refer to Adobe’s application programs,  technologies and software such as Adobe  developed plug-ins which are or may be made available for licensing to the  general public, including any modified versions or upgrades thereof. Only those  items placed on Your computer by executing the SDK installer and/or otherwise  manually downloaded by You are part of this SDK.<br />
  </p>
<p>&nbsp;</p>
<p>API Development Software means that SDK API (Application Programming  Interface) Specification, header files as defined in the header files and  demonstrated in example code and related information in object code format  and/or as libraries, not otherwise made available by Adobe  as a commercial product, that Adobe  has included for You as part of the SDK to distribute unmodified with Your  application programs.<br />
  </p>
<p>&nbsp;</p>
<p>Sample Code means software code that Adobe has included for You to incorporate into Your  application programs. Tools refer to programs and Utilities that may be  included for You to test or compile Your application programs. Documentation  means any related explanatory materials accompanying the SDK.</p>
<p>“Adobe” means Adobe Systems Incorporated, a Delaware corporation,  345 Park Avenue, San Jose, California 95110, if Section 10 of this Agreement  applies; otherwise it means Adobe  Systems Software Ireland Limited, 6 Riverwalk, Block 4, National Digital  ParkCitywest Business Campus Dublin,  24, Republic of Ireland, a  company organized under the laws of Ireland and an affiliate and licensee of Adobe Systems Incorporated. Developer, You and Your  refer to any person or entity acquiring or using the SDK under the terms of  this License Agreement.</p>
<p class="c5">&nbsp;</p>
<p><strong>2. ROYALTY-FREE LICENSE.</strong></p>
<p><br />
  Subject to the restrictions contained in this  Section 2, Adobe grants to You a nonexclusive, nontransferable, royalty-free  license to use the items in the SDK only for the purpose of internal  development of application programs designed to function with Adobe products.<br />
  </p>
<p>&nbsp;</p>
<p>(a) Under this License Agreement, You may use,  modify or merge all or portions of the Sample Code with Your application  programs and distribute it only as part of Your products in object code form.  Any modified or merged portion of the Sample Code is subject to this License  Agreement. You are required to include Adobe’s copyright notices on Your  application programs except for those programs in which You include a copyright  notice reflecting the copyright ownership of Developer in such programs. You  may not use Adobe’s name, logo or trademarks to market Your products. You may  not assign Your rights or obligations granted under this License Agreement  without the prior written consent of Adobe.  Any attempted assignment or transfer without such prior written consent from Adobe shall be void and of no effect.<br />
  </p>
<p>&nbsp;</p>
<p>(b) Subject to the permissions in 2(a) above, You  may use the SDK solely for the purpose of internal development. You may not include any portion of the SDK in Your Developer  products. You may not sell, sublicense, rent, loan or lease any portion of  the SDK to any third party. You may not reverse engineer, decompile or  disassemble any portion of the SDK. To the extent that local law grants You the  right to decompile software in order to obtain information necessary to render  the software interoperable with other software, You shall first request to Adobe in writing to provide You with the necessary  information. Adobe has the right to  impose reasonable conditions such as a reasonable fee for doing so. Requests  for information should be directed to the Adobe  at the address provided in the SDK or such other address made available on  adobe.com from time to time.</p>
<p><br />
  You may make a limited number of copies of the SDK to  be used by Your employees or consultants as provided herein, and not for  general business purposes, and such employees or consultants shall be subject  to this License Agreement.</p>
<p>&nbsp;</p>
<p>You  may use API Development Software only as provided in the Adobe  specification applicable thereto, and distribute it solely with Your products  on the same media. You may not modify API Development Software. <br />
    </p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p><strong>3. PROPRIETARY RIGHTS.</strong><br />
  </p>
<p>&nbsp;</p>
<p>The items contained in the SDK are the intellectual  property of Adobe and its suppliers and are protected by United States  copyright and patent law, international treaty provisions and applicable laws  of the country in which it is being used. You agree to protect all copyright  and other ownership interests of Adobe  and/or its suppliers in all items in the SDK supplied under this License  Agreement. You agree that all copies of the items in the SDK, reproduced for  any reason by You, contain the same copyright notices, and other proprietary  notices as appropriate, as they appear on or in the master items delivered by  Adobe in the SDK. Adobe and/or its  suppliers retain title and ownership of the items in the SDK, the media on  which it is recorded, and all subsequent copies, regardless of the form or  media in or on which the original and other copies may exist. Except as stated  above, this License Agreement does not grant You any rights to patents,  copyrights, trade secrets, trademarks or any other rights in respect to the  items in the SDK.<br />
  </p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p><strong>4. TERM.</strong><br />
  </p>
<p>&nbsp;</p>
<p>This License Agreement is effective until  terminated. Adobe has the right to terminate this License Agreement  immediately, without judicial intervention, if You fail to comply with any term  herein. Upon any such termination You must remove all full and partial copies  of the items in the SDK from Your computer and discontinue the use of the items  in the SDK.<br />
  </p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p><strong>5. DISCLAIMER OF WARRANTY.</strong><br />
  </p>
<p>&nbsp;</p>
<p>Adobe licenses the SDK to Developer only on an “AS-IS”  basis. Adobe makes no representation  with respect to the adequacy of any items in the SDK, whether or not used by  You in the development of any products, for any particular purpose or with respect  to their adequacy to produce any particular result. Adobe  and its suppliers shall not be liable for loss or damage arising out of this  License Agreement or from the distribution or use of Developers products  containing portions of the SDK. ADOBE AND ITS SUPPLIERS DISCLAIM ALL  WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED  CONDITIONS OR WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR  PURPOSE OR NONINFRINGEMENT OF ANY THIRD PARTY RIGHT IN RESPECT OF THE ITEMS IN  THE SDK OR ANY SERVICES RELATED TO THE SDK.</p>
<p><br />
  Some states or jurisdictions do not allow the  exclusion or limitation of incidental, consequential or special damages, or the  exclusion of implied warranties or limitations on how long an implied warranty  may last, so the above limitations may not apply to You. You may have rights  which vary from state to state or jurisdiction to jurisdiction. The foregoing  does not affect or prejudice Your statutory rights. To the extent permissible  any implied warranties are limited to ninety (90) days. For further warranty  information You may contact Adobe’s Customer Support Department.<br />
  </p>
<p>&nbsp;</p>
<p>Adobe is under no obligation to provide any support  under this License Agreement, including upgrades or future versions of the SDK  or any portions thereof, to Developer, end user or to any other party. Adobe is acting on behalf of its suppliers for the  purpose of disclaiming, excluding and/or restricting obligations, warranties  and liability as provided in this Section 5, but in no other respects and for  no other purpose.<br />
  </p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p><strong>6. LIMITATION OF LIABILITY.</strong><br />
  </p>
<p>&nbsp;</p>
<p>Notwithstanding any other provisions of this License  Agreement, Adobe’s liability to You under this License Agreement shall be  limited to the amount paid by You for the SDK.<br />
  </p>
<p>&nbsp;</p>
<p>IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO  YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES INCLUDING DAMAGES FOR  ANY LOST PROFITS, LOST SAVINGS, LOSS OF DATA, COSTS, FEES OR EXPENSES OF ANY  KIND OR NATURE ARISING OUT OF ANY PROVISION OF THIS LICENSE AGREEMENT OR THE  USE OR INABILITY TO USE THE ITEMS IN THE SDK, EVEN IF AN ADOBE REPRESENTATIVE  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY  PARTY. Some jurisdictions do not allow the exclusion or limitation of incidental,  consequential or special damages, so the above limitation or exclusion may not  apply to You. Nothing contained in this Agreement shall prejudice the statutory  rights of any party dealing as a consumer.</p>
<p>&nbsp;</p>
<p><br />
  <strong>7. INDEMNIFICATION.</strong><br />
  </p>
<p>&nbsp;</p>
<p>Developer agrees to indemnify, hold harmless, and  defend Adobe from and against any  claims or lawsuits, including attorneys’ fees, that arise or result from the  use and distribution of Developer’s products that contains or is based upon any  portion of the SDK, provided that Adobe  gives Developer prompt written notice of any such claim, tenders to Developer  the defense or settlement of such a claim at Developer’s expense and cooperates  with Developer, at Developer expense, in defending or settling such claim.</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p><strong>8. CONFIDENTIAL INFORMATION </strong></p>
<p>&nbsp;</p>
<p>With  respect to the API Development Software, You agree that You will treat the API  Development Software with the same degree of care as You accord to Your own  confidential information which You exercise reasonable care to protect. Your  obligations under this section with respect to the API Development Software  shall terminate when You can document that (i) it was in the public domain at  or subsequent to the time it was communicated to You by Adobe  through no fault of yours, (ii) it was developed by Your employees or agents  independently of and without reference to any information communicated to You  by Adobe; or (iii) the communication  was in response to a valid order by a court or other governmental body, was  otherwise required by law, or was necessary to establish the rights of either  party under this Agreement.<br />
  </p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p><strong>9. CHOICE OF LAW.</strong><br />
  </p>
<p>&nbsp;</p>
<p>This Agreement will be governed by and construed in  accordance with the substantive laws in force: (a) in the State of California,  if a license to the Software is obtained when You are in the United States,  Canada, or Mexico; or (b) in Japan, if a license to the Software is obtained  when You are in Japan, China, Korea, R.O.C, 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) the Republic of  Ireland, if a license to the Software is obtained when You are in any other  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 courts of the Republic  of Ireland,  when the law of the Republic of Ireland  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>&nbsp;</p>
<p><br />
  <strong>10. U.S.  GOVERNMENT REGULATIONS.</strong><br />
  </p>
<p>&nbsp;</p>
<p>You agree that any Developer product that includes  Sample Code (i) will include in its license agreement a reference to applicable  U.S. Government regulations that control licensing of software, and (ii) will  not be shipped, transferred or exported into any country or used in any manner  prohibited by the United States Export Administration Act. In addition, if any  part of the Package is identified as export controlled items under the Export  Laws, You represent and warrant that You are not a citizen, or otherwise  located within, an embargoed nation (including without limitation Iran, Iraq,  Syria, Sudan, Libya, Cuba, North  Korea, and Serbia) and that You are not otherwise prohibited under the Export  Laws from receiving the Software. All rights to use the Software are granted on  condition that such rights are forfeited if You fail to comply with the terms  of this Agreement.<br />
  </p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p><strong>11. WAIVER.</strong><br />
  </p>
<p>&nbsp;</p>
<p>None of the provisions of this License Agreement  shall be deemed to have been waived by any act or acquiescence on the part of  Adobe, its agents or employees, but only by an instrument in writing signed by  an officer of Adobe.<br />
  </p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p><strong>12. INTEGRATION.</strong><br />
  </p>
<p>&nbsp;</p>
<p>When conflicting language exists between this  License Agreement and any other agreement included in the SDK, this License  Agreement shall supersede. If either Adobe  or Developer employs attorneys to enforce any rights arising out of or relating  to this License Agreement, the prevailing party shall be entitled to recover  reasonable attorneys’ fees. You acknowledge that You have read this License  Agreement, understand it and that it is the complete and exclusive statement of  Your agreement with Adobe which  supersedes any prior agreement, oral or written, between Adobe  and You with respect to the licensing to You of the SDK. No variation of the  terms of this License Agreement will be enforceable against Adobe unless Adobe  gives its express consent, in writing signed by an officer of Adobe. The English language version of this  Agreement shall be the version used in the event any dispute arises hereunder. All  translations of this Agreement are for convenience only and shall not be used  by the parties or any court when interpreting or construing this Agreement.</p>
<p>&nbsp;</p>
<p>&nbsp;</p>
<p><br />
  <em>SwitchBoard_SDK_IHC-en_US-20080528</em></p>
<p class="c4">&nbsp;</p>
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