CUB LINUX® TERMS, CONDITIONS AND CREDITS
GENERAL TERMS
Please read the following terms and conditions carefully. By accepting
these terms and by using/installing Cub Linux you implicitly accept
the license terms of Cub Linux and any bundled software.
Cub Linux is free to use and distribute and will remain free to
download and use forever. Cub Linux is a GNU/Linux distribution
(https://www.gnu.org/gnu/linux-and-gnu.html) and it is mostly made from
open source components, licensed under ‘copyleft’ agreements such as the
GNU Public License. Bundled software and other components are
distributed under a variety of licenses and agreements as described
below.
The registered trademark Linux® is used pursuant to a sublicense from
LMI, the exclusive licensee of Linus Torvalds, owner of the mark on a
world-wide basis.
Cub Linux contains Adobe Flash® which is not open source and whose
license terms are found in Appendix 2. No guarantee is made
that there are not other proprietary components included.
Any software, code, artwork or system configurations created by RichJack
and/or under the Cub Linux or Cub Linux OS project(s) are
released under the terms of the GNU Public License v3 (see Appendix 1).
These terms and conditions and any original written content and ideas on
all Cub Linux branded websites are licensed under a Creative Commons
Attribution-ShareAlike 4.0 International License
(http://creativecommons.org/licenses/by-sa/4.0/).
Copyright© RichJack, 2016.
TRADEMARKS
The Cub Linux operating system is an independent effort and is in no
way affiliated to Google, Adobe or Ubuntu/Canonical. Gmail™ , Google
Drive™ and YouTube™ are all trademarks of Google Inc. Use of these
trademarks are subject to Google permissions. Ubuntu® and the Ubuntu
logo are registered trademarks of Canonical Ltd. Adobe® and Flash® are
registered trademarks of Adobe Systems Incorporated. The registered
trademark Linux® is used pursuant to a sublicense from LMI, the
exclusive licensee of Linus Torvalds, owner of the mark on a world-wide
basis.
WARRANTY
Cub Linux is distributed in the hope that it will be useful, but
WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
See the GNU General Public License for more details.
DISCLAIMER
Software, code and intellectual property distributed within Cub Linux
is to the best of knowledge free to distribute under the terms of the
various licenses and has been appropriately attributed within these
terms.
If you know of any software, code or intellectual property contained
within Cub Linux that does not allow for free distribution, please
contact us and it will be removed: contact@cublinux.com.
BUNDLED SOFTWARE
Cub Linux uses packages from the Ubuntu repositories. Ubuntu is
comprised of many components which are licensed under varying licenses.
See http://www.ubuntu.com/about/about-ubuntu/licensing for more details.
Cub Linux contains the Chromium web browser which is the open source
version of the Google Chrome browser. There is no single license file
for Chromium that is correct for all devices and all versions, so please
go to settings/help (or type chrome://help) and click on “open source
software” (or type chrome://credits and chrome://os-credits) within the
Chromium Browser. The use of Google services (Gmail, Google Drive,
YouTube, Google Search) within the Chromium browser are subject to a
separate agreement between you, the user, and Google Inc. The Google
terms of service can be found here:
http://www.google.com/intl/en/policies/terms/.
ADOBE FLASH®
Adobe Flash Player is provided via the Pepperflashplugin-nonfree
package. This package downloads Google Chrome, unpacks it and places the
Flash Player plugin where the open source Chromium browser can find it.
Google Chrome is not installed nor otherwise used and the Google Chrome
installer package cache has been removed from the Cub Linux ISO. From
time to time, PepperFlashPlugin will automatically update itself
whereupon a newer version of Google Chrome will be downloaded and
unpacked. Google Chrome will never be installed unless the user
explicitly visits the Google Chrome website, downloads and installs the
Google Chrome Browser and accepts the Google Chrome license agreement.
The terms of use for Adobe Flash Player can be found in Appendix 2.
Please note, Adobe Flash is proprietary software of Adobe Inc. and is
not Open Source/GPL. Adobe PepperFlash Plugin is released under its own
sub-license of the Google Chrome license
(https://www.google.com/chrome/browser/privacy/eula_text.html).
If you do not wish to accept Adobe’s license terms, you can remove the
PepperFlashPlugin using the Flash Player tool in the Control Panel. If
you do not remove the plugin, then it is deemed that you have accepted
the license terms the first time that you use the Chromium browser.
SOURCE CODE
The source code for the Ubuntu base can be downloaded by enabling the
SRC repositories within Synaptic or in /etc/apt/sources.list. This
command will pull down the source for any package: apt-get source
<package>. Alternatively, you may browse packages and their sources at
http://packages.ubuntu.com/.
In Cub Linux the Main, Universe, Multiverse, Restricted, Partner and
Extra repositories along with their updates and security-updates
counterparts are enabled by default. Software from the Multiverse,
Restricted, Partner and Extra repositories may contain proprietary
software, software subject to copyright or legal issues and software
with restricted and/or proprietary licenses. If you do not wish to
install such software, then please disable these repositories using the
Software and Updates tool from the Control Panel.
The source code for all bespoke scripts and graphics can be found at:
https://github.com/cublinux. These are free softwares: you
can redistribute them and/or modify them under the terms of the GNU
General Public License as published by the Free Software Foundation,
either version 3 of the License, or (at your option) any later version.
Additional software has been included from 3rd party PPAs which have
been disabled for stability. If you wish to view the source code, then
please enable these PPAs and then run the apt-get source <package>
command:
- Plank
(https://launchpad.net/~ricotz/+archive/ubuntu/docky)
- Systemback
(https://launchpad.net/~nemh/+archive/ubuntu/systemback)
- Mugshot
(https://launchpad.net/~mugshot-dev/+archive/ubuntu/daily)
- Xubuntu Staging
(https://launchpad.net/~xubuntu-dev/+archive/ubuntu/xubuntu-staging)
- Lubuntu Daily
(https://launchpad.net/~lubuntu-dev/+archive/ubuntu/lubuntu-daily)
- Catfish
(http://ppa.launchpad.net/catfish-search/catfish-stable/ubuntu/).
The following packages are not available in the official Ubuntu
repositories or PPAs and have been included by installing .debs manually
or building the packages from source. You can get the source code from
their websites:
- PeaZip (https://sourceforge.net/projects/peazip/)
- L3afpad (https://github.com/stevenhoneyman/l3afpad)
- Yad (https://sourceforge.net/projects/yad-dialog/).
CREDITS
The base system for Cub Linux is Ubuntu Xenial Xerus 16.04 and it
is used with thanks from Ubuntu/Canonical.
By definition, Cub Linux owes a great deal to the Debian Linux
distribution upon which Ubuntu is itself based.
The default desktop wallpaper is provided with special thanks to Clemens
Günthermann who has given his permission for its use:
buneset II © Clemens Günthermann http://www.clegue.com
The remaining desktop wallpapers come courtesy of the free photo group
on Flickr, or are provided by RichJack:
https://www.flickr.com/groups/freeuse/
The default icon theme is a highly customized icon set incorporating
original work inspired by:
- Chromium OS
(http://chromium-assets.appspot.com/)
- Derivations of the Faenza icon set by Matthieu James
(http://tiheum.deviantart.com/art/Faenza-Icons-173323228)
- Elementary XFCE icon set by the Shimmer Project
(https://github.com/shimmerproject/elementary-xfce).
GTK+2 and GTK+3 themes are Greybird from the Shimmer Project. The
Openbox theme was originally based off Greybird by sinisa sinisa
(http://box-look.org/content/show.php/?content=154075) and has since
been forked further with help from Corbin Crutchly.
APPENDIX 1
GNU GENERAL PUBLIC LICENSE
Version 3, 29 June 2024
Copyright © 2007 Free Software Foundation, Inc. <http://fsf.org/>
Everyone is permitted to copy and distribute verbatim copies of this
license document, but changing it is not allowed.
Preamble
The GNU General Public License is a free, copyleft license for software
and other kinds of works.
The licenses for most software and other practical works are designed to
take away your freedom to share and change the works. By contrast, the
GNU General Public License is intended to guarantee your freedom to
share and change all versions of a program-to make sure it remains free
software for all its users. We, the Free Software Foundation, use the
GNU General Public License for most of our software; it applies also to
any other work released this way by its authors. You can apply it to
your programs, too.
When we speak of free software, we are referring to freedom, not price.
Our General Public Licenses are designed to make sure that you have the
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that you can change the software or use pieces of it in new free
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To protect your rights, we need to prevent others from denying you these
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For example, if you distribute copies of such a program, whether gratis
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you received. You must make sure that they, too, receive or can get the
source code. And you must show them these terms so they know their
rights.
Developers that use the GNU GPL protect your rights with two steps:
(1) assert copyright on the software, and (2) offer you this License
giving you legal permission to copy, distribute and/or modify it.
For the developers’ and authors’ protection, the GPL clearly explains
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Some devices are designed to deny users access to install or run
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If such problems arise substantially in other domains, we stand ready to
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Finally, every program is threatened constantly by software patents.
States should not allow patents to restrict development and use of
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patents cannot be used to render the program non-free.
The precise terms and conditions for copying, distribution and
modification follow.
TERMS AND CONDITIONS
Definitions.
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A “covered work” means either the unmodified Program or a work based on
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The Corresponding Source need not include anything that users can
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The Corresponding Source for a work in source code form is that same
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2. Basic Permissions.
All rights granted under this License are granted for the term of
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You may make, run and propagate covered works that you do not convey,
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You may convey verbatim copies of the Program’s source code as you
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Additional permissions that are applicable to the entire Program shall
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You are not required to accept this License in order to receive or run a
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10. Automatic Licensing of Downstream Recipients.
Each time you convey a covered work, the recipient automatically
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granted under this License, and you may not initiate litigation
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In the following three paragraphs, a “patent license” is any express
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in a country, would infringe one or more identifiable patents in that
country that you have reason to believe are valid.
If, pursuant to or in connection with a single transaction or
arrangement, you convey, or propagate by procuring conveyance of, a
covered work, and grant a patent license to some of the parties
receiving the covered work authorizing them to use, propagate, modify or
convey a specific copy of the covered work, then the patent license you
grant is automatically extended to all recipients of the covered work
and works based on it.
A patent license is “discriminatory” if it does not include within the
scope of its coverage, prohibits the exercise of, or is conditioned on
the non-exercise of one or more of the rights that are specifically
granted under this License. You may not convey a covered work if you are
a party to an arrangement with a third party that is in the business of
distributing software, under which you make payment to the third party
based on the extent of your activity of conveying the work, and under
which the third party grants, to any of the parties who would receive
the covered work from you, a discriminatory patent license (a) in
connection with copies of the covered work conveyed by you (or copies
made from those copies), or (b) primarily for and in connection with
specific products or compilations that contain the covered work, unless
you entered into that arrangement, or that patent license was granted,
prior to 28 March 2007.
Nothing in this License shall be construed as excluding or limiting any
implied license or other defenses to infringement that may otherwise be
available to you under applicable patent law.
12. No Surrender of Others’ Freedom.
If conditions are imposed on you (whether by court order, agreement or
otherwise) that contradict the conditions of this License, they do not
excuse you from the conditions of this License. If you cannot convey a
covered work so as to satisfy simultaneously your obligations under this
License and any other pertinent obligations, then as a consequence you
may not convey it at all. For example, if you agree to terms that
obligate you to collect a royalty for further conveying from those to
whom you convey the Program, the only way you could satisfy both those
terms and this License would be to refrain entirely from conveying the
Program.
13. Use with the GNU Affero General Public License.
Notwithstanding any other provision of this License, you have permission
to link or combine any covered work with a work licensed under version
3 of the GNU Affero General Public License into a single combined work,
and to convey the resulting work. The terms of this License will
continue to apply to the part which is the covered work, but the special
requirements of the GNU Affero General Public License, section 13,
concerning interaction through a network will apply to the combination
as such.
14. Revised Versions of this License.
The Free Software Foundation may publish revised and/or new versions of
the GNU General Public License from time to time. Such new versions will
be similar in spirit to the present version, but may differ in detail to
address new problems or concerns.
Each version is given a distinguishing version number. If the Program
specifies that a certain numbered version of the GNU General Public
License “or any later version” applies to it, you have the option of
following the terms and conditions either of that numbered version or of
any later version published by the Free Software Foundation. If the
Program does not specify a version number of the GNU General Public
License, you may choose any version ever published by the Free Software
Foundation.
If the Program specifies that a proxy can decide which future versions
of the GNU General Public License can be used, that proxy’s public
statement of acceptance of a version permanently authorizes you to
choose that version for the Program.
Later license versions may give you additional or different permissions.
However, no additional obligations are imposed on any author or
copyright holder as a result of your choosing to follow a later version.
15. Disclaimer of Warranty.
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY
APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE
COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS
IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE
RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU.
SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION.
16. Limitation of Liability.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN
WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES
AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU
FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE
THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA
BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD
PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
17. Interpretation of Sections 15 and 16.
If the disclaimer of warranty and limitation of liability provided above
cannot be given local legal effect according to their terms, reviewing
courts shall apply local law that most closely approximates an absolute
waiver of all civil liability in connection with the Program, unless a
warranty or assumption of liability accompanies a copy of the Program in
return for a fee.
END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest
possible use to the public, the best way to achieve this is to make it
free software which everyone can redistribute and change under these
terms.
To do so, attach the following notices to the program. It is safest to
attach them to the start of each source file to most effectively state
the exclusion of warranty; and each file should have at least the
“copyright” line and a pointer to where the full notice is found.
<one line to give the program’s name and a brief idea of what it does.>
Copyright (C) <year> <name of author>
This program is free software: you can redistribute it and/or modify
it under the terms of the GNU General Public License as published by
the Free Software Foundation, either version 3 of the License, or
(at your option) any later version.
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU General Public License for more details.
You should have received a copy of the GNU General Public License
along with this program. If not, see <http://www.gnu.org/licenses/>.
Also add information on how to contact you by electronic and paper mail.
If the program does terminal interaction, make it output a short notice
like this when it starts in an interactive mode:
<program> Copyright (C) <year> <name of author>
This program comes with ABSOLUTELY NO WARRANTY; for details type
`show w’.
This is free software, and you are welcome to redistribute it
under certain conditions; type `show c’ for details.
The hypothetical commands `show w’ and `show c’ should show the
appropriate parts of the General Public License. Of course, your
program’s commands might be different; for a GUI interface, you would
use an “about box”.
You should also get your employer (if you work as a programmer) or
school, if any, to sign a “copyright disclaimer” for the program, if
necessary. For more information on this, and how to apply and follow the
GNU GPL, see <http://www.gnu.org/licenses/>.
The GNU General Public License does not permit incorporating your
program into proprietary programs. If your program is a subroutine
library, you may consider it more useful to permit linking proprietary
applications with the library. If this is what you want to do, use the
GNU Lesser General Public License instead of this License. But first,
please read <http://www.gnu.org/philosophy/why-not-lgpl.html>.
APPENDIX 2
ADOBE
Google Chrome may include one or more components provided by Adobe
Systems Incorporated and Adobe Software Ireland Limited (collectively
“Adobe”). Your use of the Adobe software as provided by Google (“Adobe
Software”) is subject to the following additional terms (the “Adobe
Terms”). You, the entity receiving the Adobe Software, will be
hereinafter referred to as “Sublicensee.”
1. License Restrictions.
(a) Flash Player, Version 10.x is designed only as a browser plug-in.
Sublicensee may not modify or distribute this Adobe Software for use as
anything but a browser plug-in for playing back content on a web page.
For example, Sublicensee will not modify this Adobe Software in order to
allow interoperation with applications that run outside of the browser
(e.g., standalone applications, widgets, device UI).
(b) Sublicensee will not expose any APIs of the Flash Player, Version
10.x through a browser plug-in interface in such a way that allows such
extension to be used to playback content from a web page as a
stand-alone application.
(c) The Chrome-Reader Software may not be used to render any PDF or EPUB
documents that utilize digital rights management protocols or systems
other than Adobe DRM.
(d) Adobe DRM must be enabled in the Chrome-Reader Software for all
Adobe DRM protected PDF and EPUB documents.
(e) The Chrome-Reader Software may not, other than as explicitly
permitted by the technical specifications, disable any capabilities
provided by Adobe in the Adobe Software, including but not limited to,
support for PDF and EPUB formats and Adobe DRM.
2. Electronic Transmission. Sublicensee may allow the download of the
Adobe Software from a web site, the Internet, an intranet, or similar
technology (an, “Electronic Transmissions”) provided that Sublicensee
agrees that any distributions of the Adobe Software by Sublicensee,
including those on CD-ROM, DVD-ROM or other storage media and Electronic
Transmissions, if expressly permitted, shall be subject to reasonable
security measures to prevent unauthorized use. With relation to
Electronic Transmissions approved hereunder, Sublicensee agrees to
employ any reasonable use restrictions set by Adobe, including those
related to security and/or the restriction of distribution to end users
of the Sublicensee Product.
3. EULA and Distribution Terms.
(a) Sublicensee shall ensure that the Adobe Software is distributed to
end users under an enforceable end user license agreement, in favor of
Sublicensee and its suppliers containing at least each of the following
minimum terms (the “End-User License”): (i) a prohibition against
distribution and copying, (ii) a prohibition against modifications and
derivative works, (iii) a prohibition against decompiling, reverse
engineering, disassembling, and otherwise reducing the Adobe Software to
a human-perceivable form, (iv) a provision indicating ownership of
Sublicensee Product (as defined in Section 8) by Sublicensee and its
licensors, (v) a disclaimer of indirect, special, incidental, punitive,
and consequential damages, and (vi) other industry standard disclaimers
and limitations, including, as applicable: a disclaimer of all
applicable statutory warranties, to the full extent allowed by law.
(b) Sublicensee shall ensure that the Adobe Software is distributed to
Sublicensee’s distributors under an enforceable distribution license
agreement, in favor of Sublicensee and its suppliers containing terms as
protective of Adobe as the Adobe Terms.
4. Opensource. Sublicensee will not directly or indirectly grant, or
purport to grant, to any third party any rights or immunities under
Adobe’s intellectual property or proprietary rights that will subject
such intellectual property to an open source license or scheme in which
there is or could be interpreted to be a requirement that as a condition
of use, modification and/or distribution, the Adobe Software be: (i)
disclosed or distributed in source code form; (ii) licensed for the
purpose of making derivative works; or (iii) redistributable at no
charge. For clarification purposes, the foregoing restriction does not
preclude Sublicensee from distributing, and Sublicensee will distribute
the Adobe Software as bundled with the Google Software, without charge.
5. Additional Terms. With respect to any update, upgrade, new versions
of the Adobe Software (collectively “Upgrades”) provided to Sublicenses,
Adobe reserves the right to require additional terms and conditions
applicable solely to the Upgrade and future versions thereof, and solely
to the extent that such restrictions are imposed by Adobe on all
licensees of such Upgrade. If Sublicensee does not agree to such
additional terms or conditions, Sublicensee will have no license rights
with respect to such Upgrade, and Sublicensee’s license rights with
respect to the Adobe Software will terminate automatically on the 90th
day from the date such additional terms are made available to
Sublicensee.
6. Proprietary Rights Notices. Sublicensee shall not, and shall require
its distributors not to, 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 the Adobe Software or accompanying materials.
7. Technical Requirements. Sublicensee and its distributors may only
distribute Adobe Software and/or Upgrade on devices that (i) meet the
technical specifications posted on
http://www.adobe.com/mobile/licensees, (or a successor web site
thereto), and (ii) has been verified by Adobe as set forth below.
8. Verification and Update. Sublicensee must submit to Adobe each
Sublicensee product (and each version thereof) containing the Adobe
Software and/or Upgrade (“Sublicensee Product”) that do not meet the
Device Verification exemption criteria to be communicated by Google, for
Adobe to verify. Sublicensee shall pay for each submission made by
Sublicensee by procuring verification packages at Adobe’s then-current
terms set forth at http://flashmobile.adobe.com/. Sublicensee Product
that has not passed verification may not be distributed. Verification
will be accomplished in accordance with Adobe’s then-current process
described at http://flashmobile.adobe.com/ (“Verification”).
9. Profiles and Device Central. Sublicensee will be prompted to enter
certain profile information about the Sublicensee Products either as
part of the Verification process or some other method, and Sublicensee
will provide such information, to Adobe. Adobe may (i) use such profile
information as reasonably necessary to verify the Sublicensee Product
(if such product is subject to Verification), and (ii) display such
profile information in “Adobe Device Intelligence system,” located at
https://devices.adobe.com/partnerportal/, and made available through
Adobe’s authoring and development tools and services to enable
developers and end users to see how content or applications are
displayed in Sublicensee Products (e.g. how video images appear in
certain phones).
10. Export. Sublicensee acknowledges that the laws and regulations of
the United States restrict the export and re-export of commodities and
technical data of United States origin, which may include the Adobe
Software. Sublicensee agrees that it will not export or re-export the
Adobe Software, without the appropriate United States and foreign g
overnmental clearances, if any.
11. Technology Pass-through Terms.
(a) Except pursuant to applicable permissions or agreements therefor,
from or with the applicable parties, Sublicensees shall not use and
shall not allow the use of, the Adobe Software for the encoding or
decoding of mp3 audio only (.mp3) data on any non-pc device (e.g.,
mobile phone or set-top box), nor may the mp3 encoders or decoders
contained in the Adobe Software be used or accessed by any product other
than the Adobe Software. The Adobe Software may be used for the encoding
or decoding of MP3 data contained within a swf or flv file, which
contains video, picture or other data. Sublicensee shall acknowledge that
use of the Adobe Software for non-PC devices, as described in the
prohibitions in this section, may require the payment of licensing
royalties or other amounts to third parties who may hold intellectual
property rights related to the MP3 technology and that Adobe nor
Sublicensee has not paid any royalties or other amounts on account of
third party intellectual property rights for such use. If Sublicensee
requires an MP3 encoder or decoder for such use, Sublicensee is
responsible for obtaining the necessary intellectual property license,
including any applicable patent rights.
(b) Sublicensee will not use, copy, reproduce and modify (i) the On2
source code (provided hereunder as a component of the Source Code) as
necessary to enable the Adobe Software to decode video in the Flash
video file format (.flv or .f4v), and (ii) the Sorenson Spark source
code (provided hereunder as a component of the Source Code) for the
limited purpose of making bug fixes and performance enhancements to the
Adobe Software. All codecs provided with the Adobe Software may only be
used and distributed as an integrated part of the Adobe Software and may
not be accessed by any other application, including other Google
applications.
(c) The Source Code may be provided with an AAC codec and/or HE-AAC
codec (“the AAC Codec”). Use of the AAC Codec is conditioned on
Sublicensee obtaining a proper patent license covering necessary patents
as provided by VIA Licensing, for end products on or in which the AAC
Codec will be used. Sublicensee acknowledges and agrees that Adobe is
not providing a patent license for an AAC Codec under this Agreement to
Sublicensee or its sublicensees.
(d) THE SOURCE CODE MAY CONTAIN CODE 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 WILL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL
INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C.
See http://www.mpegla.com
12. Update. Sublicensee will not circumvent Google’s or Adobe’s efforts
to update the Adobe Software in all Sublicensee’s products incorporating
the Adobe Software as bundled with the Google Software
(“Sublicensee Products”).
13. Attribution and Proprietary Notices. Sublicensee will list the Adobe
Software in publicly available Sublicensee Product specifications and
include appropriate Adobe Software branding (specifically excluding the
Adobe corporate logo) on the Sublicensee Product packaging or marketing
materials in a manner consistent with branding of other third party
products contained within the Sublicensee Product.
14. No Warranty. THE ADOBE SOFTWARE IS MADE AVAILABLE TO SUBLICENSEE
FOR USE AND REPRODUCTION “AS IS” AND ADOBE MAKES NO WARRANTY AS TO
ITS USE OR PERFORMANCE. ADOBE AND ITS SUPPLIERS DO NOT AND CANNOT
WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY USING THE ADOBE
SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR
TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED
OR LIMITED BY LAW APPLICABLE TO SUBLICENSEEIN SUBLICENSEE’S
JURISDICTION, ADOBE AND ITS SUPPLIERS MAKE NO WARRANTIES,
CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER
BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY
MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY
RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR
FITNESS FOR ANY PARTICULAR PURPOSE. SUBLICENSEE AGREES THAT
SUBLICENSEE SHALL NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED,
ON BEHALF OF ADOBE.
15. Limitation of Liability. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS
BE LIABLE TO SUBLICENSEE FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER
OR ANY CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES, OR ANY LOST
PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR
FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND
EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN
SUBLICENSEE’S JURISDICTION. ADOBE’S AGGREGATE LIABILITY AND THAT OF
ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE
LIMITED TO ONE THOUSAND DOLLARS (US$1,000).
Nothing contained in this Agreement limits Adobe’s liability
to Sublicensee 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/or
limiting obligations, warranties and liability as provided in this
Agreement, but in no other respects and for no other purpose.
16. Content Protection Terms
(a) Definitions.
“Compliance and Robustness Rules” means the document setting forth
compliance and robustness rules for the Adobe Software located at
http://www.adobe.com/mobile/licensees, or a successor web site thereto.
“Content Protection Functions” means those aspects of the Adobe Software
that are designed to ensure compliance with the Compliance and
Robustness Rules, and to prevent playback, copying, modification,
redistribution or other actions with respect to digital content
distributed for consumption by users of the Adobe Software when such
actions are not authorized by the owners of such digital content or its
licensed distributors.
“Content Protection Code” means code within certain designated versions
of the Adobe Software that enables certain Content Protection Functions.
“Key” means a cryptographic value contained in the Adobe Software for
use in decrypting digital content.
(b) License Restrictions. Sublicensee’s right to exercise the licenses
with respect to the Adobe Software is subject to the following
additional restrictions and obligations. Sublicensee will ensure that
Sublicensee’s customers comply with these restrictions and obligations
to the same extent imposed on Sublicensee with respect to the Adobe
Software; any failure by Sublicensee’s customers to comply with these
additional restrictions and obligations shall be treated as a material
breach by Sublicensee.
b.1. Sublicensee and customers may only distribute the Adobe Software
that meets the Robustness and Compliance Rules as so confirmed by
Sublicensee during the verification process described above in the Adobe
Terms.
b.2. Sublicensee shall not (i) circumvent the Content Protection
Functions of either the Adobe Software or any related Adobe Software
that is used to encrypt or decrypt digital content for authorized
consumption by users of the Adobe Software, or (ii) develop or
distribute products that are designed to circumvent the Content
Protection Functions of either the Adobe Software or any Adobe Software
that is used to encrypt or decrypt digital content for authorized
consumption by users of the Adobe Software.
(c) The Keys are hereby designated as Adobe’s Confidential Information,
and Sublicensee will, with respect to the Keys, adhere to Adobe’s Source
Code Handling Procedure (to be provided by Adobe upon request).
(d) Injunctive Relief. Sublicensee agrees that a breach of this
Agreement may compromise the Content Protection Functions of the Adobe
Software and may cause unique and lasting harm to the interests of Adobe
and owners of digital content that rely on such Content Protection
Functions, and that monetary damages may be inadequate to compensate
fully for such harm. Therefore, Sublicensee further agrees that Adobe
may be entitled to seek injunctive relief to prevent or limit the harm
caused by any such breach, in addition to monetary damages.
17. Intended Third-party Beneficiary. Adobe Systems Incorporated and
Adobe Software Ireland Limited are the intended third-party
beneficiaries of Google’s agreement with Sublicensee with respect to the
Adobe Software, including but not limited to, the Adobe Terms.
Sublicensee agrees, notwithstanding anything to the contrary in its
agreement with Google, that Google may disclose Sublicensee’s identity
to Adobe and certify in writing that Sublicensee has entered into a
license agreement with Google which includes the Adobe Terms.
Sublicensee must have an agreement with each of its licensees, and if
such licensees are allowed to redistribute the Adobe Software, such
agreement will include the Adobe Terms.