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What is Adobe Exchange Producer Portal?

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Adobe Solutions Enablement Team

Overview, Approval Guidelines, Terms of Use

Jan 18, 2016 07:55 PST



Overview


Adobe® Exchange offers a web service called the Producer Portal, which content producers can use to define products and upload content to share or offer for sale. This article is for producers, and provides an overview of the process for adding new content or updating existing content, with links to articles that describe each section of the process in greater detail. Learn more about the Adobe Exchange panel.

With the Adobe Exchange panel, you can market content that you produce to users of Adobe Creative Suite applications that they can use to:

  • Browse items that are available to extend an Adobe application that they have installed
  • Purchase, download, and install those items
  • Update purchased items when new versions are available
    
    


Want to get started? Check out this Quick-start Summary





Features of the Producer Portal


Joining the Adobe Producer Portal allows you to:

  • Define products to be offered in Adobe Exchange
  • Submit and publish products : submit your product for approval, than publish it when it is approved
  • Share your products with everyone, or with specific users for purposes of testing and private distribution
  • Offer products for sale using our PCI-compliant third-party vendor for no-hassle payment, including handling VAT tax issues for international purchases
  • Create free trial versions of products that you offer for sale
  • Maintain your products by uploading patches and updates to posted products, or withdrawing a previously posted product

In addition, you can:

  • Manage what a consumer sees in the Adobe Exchange panel
  • View download/purchase metrics for each posted product, as well as user reviews and ratings of purchased items



Signing Up

There are two producer account types, Free and Commercial. Both account types are currently free to the producer.

  • Free account type: When you create an account, it is automatically assigned this type. You can submit up to 10 products, of which 2 can be paid, but the rest must be free.
  • Commercial account type: A Commercial account allows you to provide any number of paid and trial versions of your product, as well as any number of free products.

To request a free upgrade to the Commercial account type, email us at avetting@adobe.com with the subject line “upgrade to commercial producer”, and send us your chosen Publisher name.



Development Cycle

  1. Define Product
    To create a product for Adobe Exchange, you must develop content that extends Adobe Creative Cloud or Creative Suite applications in some way. As a registered producer, you have access to the tools you need. Configurator 4, for example, offers an easy way to develop new palettes or panels. Adobe Extension Builder 2 offers more sophisticated tools for building more complex Adobe Extensions.
  2. Package Product
    The product-building tools offer easy-to-use wizards for packaging what you build in the format you need for submission to Adobe Exchange. For other kinds of content (such as C++ plug-ins built with an application SDK), you can use Adobe Exchange Packager and the Packaging and Signing Toolkit. For more information about these tools, see Packaging your Product for Adobe Exchange
  3. Upload Product
    Use the Producer’s Portal to upload your packaged content to an Adobe server, preview both the in-app appearance and functionality, and test the download and purchase workflows. See Getting Started with the Producer Portal for more information.
  4. Submit for Review
    When you have finished testing your product, use the Producer’s Portal to submit the final content to Adobe for approval. All content must be approved before you can post it to the public server. See the Approval Guidelines below.
  5. Publish to Store
    When it is completely tested and authorized, use the Producer’s Portal to publish your product to the public server, where it can be discovered in the Adobe Exchange panel and downloaded by users according to the rules you have set up for it. Published products can be Free, Trial, Paid, or Private.
  6. Manage
    Once you have offered products publicly, use the Producer Portal to maintain and build your product line. You can post patches and updates to new versions, define product groups, and view metrics about product usage. Users who install your product can post reviews and ratings that you can use to improve your product.

For more information, see the articles and tutorials in the Resources section.



System Requirements

The following requirements are specific to Adobe® Exchange and reflect system configurations that we have tested:

  • Mac OS 10.6.8 or Mac OS 10.7.x
  • Windows 8, Windows 7, or Windows XP.
  • English only (currently)
  • At least one Creative Cloud or Creative Suite 6 product
  • Extension Manager
  • Web browsers tested in Mac OS: recent versions of Safari, Firefox, Chrome
  • Web browsers tested in Windows: recent versions of Internet Explorer, Firefox, Chrome



Approval Guidelines


Adobe Exchange only features content that conforms to our content guidelines and to our Terms of Use (below), and that pass our Approval Process. Here is a summary of that process and of some of the types of content we don’t allow:

  • Content must install without error via Extension Manager.
    Content must display a Description and the Producer’s identity during the install process in Extension Manager.
  • Paid Content must have a certified signature. (Content posted as Free will be accepted with a self-signed certificate.)
    Extension Manager should be able to verify the Producer’s signature. An application should be signed by a certificate issued by one of the following certificate authorities:
    • Chosen Security Thawte
    • Globalsign
    • Verisign
    • Comodo
    • Usertrust
    • Godaddy
  • Content must be accessible from within all targeted Adobe® Creative Suite® and Creative Cloud® applications.
  • Content must not cause crashes, system errors, or any major failures.
  • Credentials for content that requires authorization to use.
    If content requires a special username/password or code or serial number, we expect Producers to pre-create an account and provide the credentials to the Adobe Exchange Team. Be sure to include this information in the Note to Approvers field when you submit your product for approval.
  • Content should not contain any URL or redirect links anywhere other than Producers Identity Box in Extension Manager.
  • Content redirects to non-Adobe Exchange sales channel.
    If this is a free item on Adobe Exchange, it may not contain a redirect to any outside sales site for purchase of the functionality or other products from the Producer.
    If this is a for-fee item on Adobe Exchange, it may contain a link to a non-Adobe Exchange website that promotes the Producer’s business in general. It may not link to any third-party web store or to any location other than the Producer’s home page or site
    .
  • Applications must be free from all inappropriate content (see below).
  • Content does not contain encryption technology.

Inappropriate Content

  • No adult content.
    No applications may contain intense violence, blood, gore, sexual content, nudity or strong language.
  • No malicious content of any kind.
    Applications may not contain or promote (for example) phishing, spamming, hacking, password trafficking, spyware, or contain malware, trojans, or viruses.
  • No illegal or questionable content.
    • Applications may not contain or promote illegal or highly-regulated activities. For example, pharmaceutical sales, promotions or sweepstakes, alcohol or tobacco sales.
    • Applications may not violate intellectual property rights. For example, apps may not promote DRM circumvention, or contain copyrighted or trademarked content belonging to someone else.
    • Applications may not promote hatred, violence, or bullying. For example, apps may not contain hate speech, or promote or enable cruel behavior towards others.

If you submit an application that contains content violating our guidelines, it will not be approved, but we will allow you to modify the content to conform to our guidelines and resubmit.



Terms of Use


ADOBE

ADOBE® EXCHANGE AGREEMENT

1. YOUR AGREEMENT WITH ADOBE

1.1. THIS AGREEMENT IS WITH ADOBE SYSTEMS INCORPORATED (“ADOBE”), A U.S.-BASED COMPANY, AND YOU AGREE THAT YOUR RELATIONSHIP WITH ADOBE WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES, AS SET FORTH IN SECTION 15.3.

1.2. This Agreement (the “Agreement”) sets forth the terms and conditions for your use of the Adobe Exchange service and portal (“Service”). If you use the Service on behalf of a company, then “You” means you and such company, and you represent and warrant that you have all necessary authority to bind that company to the terms and conditions of this Agreement.

1.3. Adobe may change the Agreement at its sole discretion. If we change the Agreement, then we will make a new copy available at: www.adobeexchange.com. Your use of the Service is subject to the most current version of the Agreement at the time of such use.

2. DEFINITIONS. As used in this Agreement:

2.1. “Adobe Payment Processor” means Adobe’s third party payment processor which may require you to enter into separate direct payment processor agreements and provide certain additional information.

2.2. “Affiliate” means, with respect to a party, any person or entity that controls, is controlled by, or is under common control with such party, where “control” means ownership of fifty percent (50%) or more of the outstanding voting securities.

2.3. “Approved Product” means a Final Version that has been reviewed and approved by Adobe for distribution via the Service as stated in Section 4 below.

2.4. “End User” means customers who purchase or use your Product.
2.5. “Final Version” means a version of any Product that has gone through your own quality assurance testing and is ready for Adobe’s final review and approval for publication and distribution via the Service.

2.6. “Intellectual Property Rights” means all existing and future worldwide copyrights, trademarks, service marks, trade secrets, patents, patent applications, moral rights, contract rights and other proprietary rights.

2.7. “Market” means those methods of distribution available via the Service.

2.8. “Net Revenue” means the actual price paid by an End User for a license to a Product sold through the Service, less (a) sales, use, value-added, and other direct taxes, including customs, duties, and other similar governmental charges actually paid or payable by Adobe other than franchise or income tax of any kind, (b) any fees paid to Adobe Payment Processor related to the sale and distribution of the Product, © any transaction fee and currency conversion fees related to transactions involving a non-U.S. bank account, and (d) any amounts paid or credited to the End User, including, but not limited to, credits, chargebacks, allowances, discounts, returns, refunds, and rebates.

2.9. “Product” means your extensions, application software, code, material, text, data and other works of authorship available to End Users on either a trial or commercial basis, for use with Adobe software.

3. LICENSE TO YOU.

3.1. License. Subject to the terms and conditions of this Agreement, including, without limitation, the payment of all applicable Fees (as defined in Section 10.1), if any, Adobe grants you a limited, non-transferable, non-exclusive, license, without the right to grant sublicenses, to use the Service solely for purpose of publishing and distributing compliant Products via the Service.

3.2. Restrictions. You will not upload or distribute any Product via the Service, which interoperates with the Service in a manner not approved and documented by Adobe.

4. ADOBE REVIEW AND APPROVAL. If you wish to distribute through the Service, you will provide a copy of such Final Version, and all other materials requested by Adobe, to Adobe for its review and approval. Adobe will accept or reject the Final Version at its sole and absolute discretion. Any failure to respond by Adobe shall be deemed a rejection. You may reference Adobe’s current approval guidelines and standard policies. Upon approval by Adobe of any Final Version, the parties acknowledge and agree that you will have the right to market and distribute the Final Version, only in the version and format approved by Adobe, as an Approved Product, and in accordance with the terms set forth herein. You agree and acknowledge that Adobe may remove Approved Products from the Service at any time for any reason without liability to you.

5. MARKETING REQUIREMENTS AND RESTRICTIONS. You will include with the Product a notice to the End Users that any End User payment for the Products will be processed by a third party. You may not (a) make any statement that any Product or other software is “certified” or otherwise guaranteed or approved by Adobe or (b) use Adobe’s name or trademarks to market any Product or other software without prior written approval from Adobe, except as expressly allowed in Section 8. The parties acknowledge and agree that Adobe is not liable for any software update, support, or other liability that may arise from your distribution of the Product as permitted herein. You are solely responsible for any and all End User licensing and other required documentation associated with or to be supplied with the Product. You will be responsible for providing End Users with an End User License Agreement which expressly states that: (x) you are solely responsible for supporting the Product and (y) that Adobe bears no responsibility for the Product or any use of the Product or for supporting the Product. You agree to indemnify Adobe against any claims related to the Products or your representations thereof in violation of this Section.

6. SUPPORT. You will be solely responsible for performing, in a manner consistent with good industry practice, all installation, training, support, and other services requested or required by End Users who obtain the Product through the Service. You will not refer any End User to Adobe for such support and Adobe has no obligation under this Agreement to provide any services to, or respond to any requests from, End Users. However, Adobe reserves the right to establish and maintain contact with End Users in order to facilitate the delivery of any Product support needed by such End User.

7. DISTRIBUTION BY ADOBE.

7.1 License. You hereby grant to Adobe and its Affiliates a non-exclusive, worldwide, royalty-free, fully paid up license, under all of your Intellectual Property Rights, to (a) reproduce and distribute copies of the Product directly or indirectly to End Users pursuant to the End User license agreement provided by you with the Product, (b) use, copy, publicly display, publicly perform, distribute and modify the Product for any purpose related to this Agreement, including, but not limited to, promoting and marketing the Product, the Service and/or Adobe, its products and services, and © sublicense to third parties the rights licensed to Adobe in subsections (a) and (b) of this Section 6.1.

7.2 Restrictions. Except as expressly permitted in Section 6.1, Adobe agrees not to (a) modify, adapt, alter, or create derivative works from the Product, or (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for the Product. Adobe will reproduce, on all copies made by or for Adobe, and will not remove, alter, or obscure in any way, all proprietary notices of yours on or within the copies of the Product.

7.3 Product Fees and Trial Periods. You may elect to establish fees charged to End Users for the Product. In the event that you elect to do so, Adobe or the Adobe Payment Processor reserves the right to establish a minimum chargeable fee for all Products. You will also establish the duration of any trial periods for any Product. Adobe and the Adobe Payment Processor reserve the right to set limits on the length of such trial periods for all Products.

8. DEVELOPER’S ACKNOWLEDGEMENTS.

8.1 Competitive Products. You understand and agree that the relationship between the parties hereunder is non-exclusive and that applications similar or competitive to Product may be made available via the Service. You also understand and agree that this Agreement shall not be construed as prohibiting Adobe from acquiring, licensing, developing for itself (or having others develop for it), marketing, publishing and/or distributing products that are similar or competitive to the Product. In the absence of a separate written agreement to the contrary, Adobe will be free to use any information you provide to Adobe for any purpose, subject to your applicable U.S. patents and copyrights registered in the U.S.

8.2 Developer Privacy. Please note that the Adobe Privacy Policy (http://www.adobe.com/misc/privacy.html) allows tracking of website visits and it addresses in detail the topic of tracking and use of cookies, web beacons and similar devices. In addition, Adobe may share information about you with the Adobe Payment Processor, and Adobe service providers as necessary in order to enable your use of the Service. Adobe does not have access to or control over features that a third party may use, such as the Adobe Payment Processor, and the information practices of third party websites are not covered by the Adobe Privacy Policy or the Adobe.com Terms of Use.
9. TRADEMARKS; BRANDING.

9.1 Developer Trademarks. Subject to the terms and conditions of this Agreement, you hereby grant to Adobe a limited, non-exclusive, non-sublicenseable, royalty-free, worldwide license to reproduce and use your trademarks, service marks, trade names, logos or other commercial or product designations for the purposes of promoting and distributing the Products through the Service.

9.2 Adobe Trademarks. Use of Adobe trademarks must comply with Adobe’s general trademark guidelines available on the company’s web site at http://www.adobe.com/misc/trade.html and updates of those guidelines as made available periodically.
10. OWNERSHIP.

10.1 Adobe. Adobe and its respective suppliers and licensors shall retain all right, title and interest in and to the Service, and all portions thereof, including, without limitation, all Intellectual Property Rights thereto. Other than the license expressly granted in Section 2, you receive no right, title or interest in or to the Service.

10.2 Developer. You retain all right, title and interest in and to the Product, (except for any portion of any Adobe Intellectual Property Rights, or any third party software incorporated or embodied therein), including all Intellectual Property Rights related thereto.

11. FEES; REVENUE SHARE; PAYMENT PROCESSING.

11.1 Fees. During the Term of the Agreement, you will have the option to (a) use the Service at no cost to you to offer up to ten (10) Approved Products, including up to two (2) Paid Products (each Product is further restricted to 15MB or less per zxp file or as otherwise stated at the applicable approval guidelines) to End Users (“Free Service Terms”), or (b) purchase an annual subscription, that will allow you to offer an unlimited number of Approved Products to End Users and subscription will also include access to Adobe Creative Suite Extension Builder. In the future, Adobe may change the Free Service Terms upon notice to you or modify this program through a written amendment.

11.2 Revenue Share. During the Term, should you elect to distribute Approved Products via the Service, Adobe and you will share revenue from any sales of licenses to the Products as set forth in Exhibit A. You acknowledge and agree that for sales of trial or other no-charge licenses to any Product, you will not receive any revenue share.

11.3 Adobe Payment Processor. If the payment for the distribution of the Product is processed or managed by the Adobe Payment Processor, then you acknowledge and agree that Adobe shall have no liability whatsoever as relates to the delay or inaccuracy of such payment and you agree to resolve any dispute related to the fees for the license of the Product directly with such Adobe Payment Processor.
12. WARRANTIES AND DISCLAIMERS.

12.1 No Warranty. ADOBE PROVIDES THE ADOBE INTELLECTUAL PROPERTY AND THE SERVICE TO YOU “AS IS.” ADOBE AND ITS SUPPLIERS MAKE NO EXPRESS, IMPLIED, OR STATUTORY WARRANTY OF ANY KIND WITH RESPECT TO THE ADOBE INTELLECTUAL PROPERTY AND THE SERVICE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF PERFORMANCE, MERCHANTABILITY, SATISFACTORY QUALITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, ADOBE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) ANY ERRORS OR ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.
IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGES, EVEN IF ADOBE OR ANY COMPANY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT AND YOUR USE OF THE SERVICE AND THE ADOBE PAYMENT PROCESSOR.

12.2 Developer Warranty. By choosing to upload a Product to the Service, you represent and warrant that the Product will (a) not contain any viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, data, or personal information, (b) when used in the manner in which it is intended, not violate any law, statute, regulation, or rights (including without limitation, any laws, regulations or rights respecting intellectual property, computer spyware, privacy, publicity, export control, unfair competition, antidiscrimination, or advertising), © not infringe any intellectual property rights of another, including without limitation any rights of publicity and rights of privacy, and (d) not interfere with the operability of Adobe or third-party software or systems.

13. INDEMNITY. You shall, at your own expense, indemnify, defend and hold Adobe harmless from and against any and all claims, costs, fees (including reasonable attorneys’ fees), damages, liabilities and expenses (“Claims”) to the extent such Claims arise out of: (a) any breach of this Agreement by you, (b) any allegation that any Product or combination of any Product infringes any third party Intellectual Property Rights, © any breach or alleged breach of any representations and warranties made by you concerning any aspect of the Product, (d) any claims made by or on behalf of any third party pertaining directly or indirectly to your use of the Service, (e) any alleged or actual violation of your obligations of privacy to any third party, (f) any End User allegation related to the Product, including but not limited to any allegations based on a product liability claim, and (g) any allegation related to your agreement or relationship with the Adobe Payment Processor or an End User.

14. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST DATA, LOST PROFITS AND COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING FROM OR RELATING TO THIS AGREEMENT HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ADOBE’S AND ITS SUPPLIERS’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE LESSER OF $100 OR THE AMOUNTS RECEIVED BY ADOBE IN CONNECTION WITH THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. Each party acknowledges that the fees and amounts payable set forth in this Agreement reflect the allocation of risk set forth in this Agreement and that the other party would not enter into this Agreement without these limitations on its liability. Each party agrees that these limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion or limitation of liability, so the above limitation or exclusion may not apply.

15. TERM; TERMINATION.

15.1 Initial Term. The term of this Agreement shall commence on the Effective Date and will continue for one (1) year (the “Initial Term”) unless earlier terminated as set forth herein. Provided that you pay all required Fees, if any, when due, the Initial Term shall be automatically extended for successive one (1) year periods (each, an “Extension Term”), unless either party delivers to the other party written notice of its intention not to extend the Agreement at least thirty (30) days prior to the end of the Initial Term or the then-current Extension Term. The Initial Term, together with any Extension Term, is deemed the “Term.”

15.2 Termination by Adobe for Cause. Adobe may terminate this Agreement immediately if you are in material breach of any term or condition of this Agreement.

15.3 Termination by Adobe for Convenience. Adobe may terminate this Agreement for any reason or no reason whatsoever upon fifteen (15) days’ prior written notice.

15.4 Effects of Termination. Upon termination or expiration of this Agreement for any reason, (a) you shall immediately cease all use of the Service; (b) the Service may fulfill orders from End Users for Product for up to three (3) months after the effective date of expiration or termination and © Products may be immediately removed from the Service. Sections 1, 5, 7, 9, 11, 12, 13, 14.4 and 15 shall survive the expiration or termination of this Agreement for any reason.

16. GENERAL.

16.1 Independent Contractors. Each party hereto is an independent contractor of the other and neither shall be deemed an employee, franchisee, agent, partner or joint venture of the other, and nothing contained herein shall be construed as creating any agency, employment relationship, franchise, partnership, principal-agent or other form of joint enterprise between the parties. Neither party will have, and will not represent to any third party that it has, any authority to act on behalf of the other party.

16.2 Notices. All notices and requests in connection with this Agreement shall be deemed given as of the day they are sent either by facsimile, overnight messenger delivery service, or in the United States of America mails, postage prepaid, certified or registered, return receipt requested to such address as each party may designate pursuant to this notice provision. If notice is sent to Adobe, it shall be sent to the attention of the General Counsel at 345 Park Avenue, San Jose, California 95110-2704.

16.3 Governing Law; Venue. This Agreement shall be governed by the laws of the State of California, and the parties hereby irrevocably consent to jurisdiction and venue in the state and federal courts located in Santa Clara County, California without regard to any conflicts of laws principles that would require the application of the laws of another jurisdiction. In any action or suit to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, the prevailing party shall be entitled to recover its costs, including, without limitation, reasonable attorneys’ fees. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

16.4 Export. You acknowledge and agree that the Product will not be shipped, transferred, or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions, or regulations (collectively, “Export Laws”). You represent and warrant that the Product is eligible for export under the Export Laws, and that you have received all necessary permissions from the United States government for the export of the Product. In addition, you represent and warrant that you are not a citizen of, or located in, an embargoed or otherwise restricted nation (including Iran, Syria, Sudan, Cuba, and North Korea) and that you are not otherwise prohibited under the Export Laws from using the Service.

16.5 Assignment. You shall not assign, delegate, convey or transfer, directly or indirectly, by operation of law or otherwise, this Agreement or its rights and obligations hereunder without the prior written consent of Adobe, and any attempt to do so in contravention of this Section 15.5 shall be null and void. For the avoidance of doubt, a change of control shall be deemed an assignment for the purposes of this Section 15.5 and this Agreement. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of each party’s respective successors and permitted assigns.

16.6 Remedies. It is understood and agreed that, notwithstanding any other provisions of this Agreement, breach of the provisions of this Agreement by you may cause Adobe irreparable damage for which recovery of money damages shall be inadequate, and that Adobe shall therefore be entitled to seek timely injunctive relief to protect Adobe’s rights under this Agreement in addition to seeking any and all remedies available at law. If any legal action is brought to enforce this Agreement, the prevailing party will be entitled to receive its attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive.

16.7 Waiver; Severability. All waivers will be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of this Agreement is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Without limiting the generality of the foregoing, you agree that Section 13 (Limitation of Liability) will remain in effect notwithstanding the unenforceability of any provision in Section 11 (Warranties and Disclaimers).

16.8 Entire Agreement. This Agreement, together with any Exhibits hereto, constitutes the entire agreement between the parties regarding the subject hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. If there is any conflict between the Adobe.com Terms of Use and this Agreement, the terms of this Agreement shall take precedence in relation to the Service and your Product.

16.9 Release. You will not hold Adobe responsible for any damages, costs or liabilities of any kind arising out of or in connection with participation in the Service, use of the Adobe Payment Processor or your affiliation with any End User or third party’s use of your Product, and you hereby releases Adobe, jointly and separately, from any and all such claims. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

16.10 English Version. The English version of this agreement will be the version used when interpreting or construing this agreement.

EXHIBIT A

ADOBE EXCHANGE REVENUE SHARE

During the Term of the Agreement, upon receipt of payment for a Product by an End User, the Adobe Payment Processor will allocate 75% of Net Revenue from sales of licenses to Products made via the Service to you (“Developer Revenues”). Developer Revenues are paid in U.S. Dollars. Any Developer Revenues which are paid to non-U.S. bank accounts may be subject to certain fees, including wire transfer fees and currency conversion fees (“Account Fees”). Any applicable Account Fees will be deducted from Developer Revenues by the Adobe Payment Processor. For more information on Adobe Payment Processor fees, please contact the Adobe Payment Processor.