Distribution Requirements. If you distribute the Sample Code or SDK Source Files under this agreement, you must include a copyright notice in such code, files, the relevant Developer Application or other larger work incorporating such code or files. You may not (i) make any statement that any Developer Application or other software is “certified” or otherwise guaranteed by HARMAN or Adobe or (ii) use HARMAN’s or Adobe’s name or trademarks to market any Developer Application or other software without written permission from the trademark owner. Neither HARMAN nor Adobe is responsible to you or any other party for any software update or support or other liability that may arise from your distribution. 4 FEES AND AUDITS. You agree that the use of the Build Tools in order to create a Developer Application is subject to You paying an annual fee to HARMAN in accordance to the latest pricing published on HARMAN’s web site, or as accompanying this license agreement and SDK (“AIR SDK Fees”). For as long as you are eligible for the “free tier” of distribution and do not pay HARMAN any fee then you acknowledge that your Developer Application will be subjected to a splash screen showing HARMAN/Adobe branding during the application start-up. If you become ineligible for the “free tier” you will be required to pay fees according to the AIR SDK Fees. You hereby xxxxx XXXXXX or XXXXXX’x independent audit firm the right to carry out an audit of your relevant records should HARMAN wish to ensure that you have kept to the terms of this agreement. This audit will be carried out on your premises and during your normal business hours. HARMAN will give you ten (10) days’ written notice of the audit. HARMAN will keep to XXXXXX’x obligations in these contract terms relating to confidential business information gained during the audit. HARMAN will carry out audits under this Section 4 in a way that avoids unreasonable inconvenience to your business. HARMAN will not carry out an audit more than once per calendar year unless HARMAN has good reason to believe that you may not have kept to these agreement terms.
