Adobe General Terms of Use
20180901_rev01 · COMPARED WITH 20180601_rev01 · ARCHIVE SNAPSHOT, DATE APPROXIMATE
Full text changes — 20180601_rev01 to 20180901_rev01
| 1 | 1.7 **Order of Precedence**. If there is any conflict between the terms in this Agreement and the Additional Terms, then the Additional Terms govern in relation to that Service or Software. | |
| 1 | 2\. Privacy. | |
| 2 | 2 | |
| 3 | 1.8 **Modification**. We may modify, update, or discontinue the Services, Software (including any of their portions or features) at any time without liability to you or anyone else. However, we will make reasonable effort to notify you before we make the change. We will also allow you a reasonable time to download your content. If we discontinue a Service in its entirety, then we will provide you with a pro rata refund for any unused fees for that Service that you may have prepaid. | |
| 3 | 2.1 **Privacy.** For information about how we collect, use, share or otherwise process information about you, please see our Privacy Policy at [http://www.adobe.com/go/privacy](http://www.adobe.com/go/privacy). | |
| 4 | 4 | |
| 5 | 2\. Use of Service. | |
| 5 | 2.2 **Desktop Application Usage Information.** You have the option to share information with us about how you use our desktop applications. Where permitted by law, this option is turned on by default, and the information is associated with your Adobe account. This information allows us to provide you with a more personalized experience and helps us to improve product quality and features. You can change your preference any time on your Adobe Account Management page. To learn more about desktop application usage data, go to [http://www.adobe.com/go/app\_usage\_FAQ](http://www.adobe.com/go/app_usage_FAQ). | |
| 6 | 6 | |
| 7 | 2.1 **License**. Subject to your compliance with these terms and the law, you may access and use the Services. | |
| 7 | 2.3 **Our Access to Your Content**. Where permitted by law, we will only access, view, or listen to your Content (defined in section 4.1 below) in limited ways. For example, in order to perform the Services, we may need to access, view, or listen to your Content to (a) respond to support requests; (b) detect, prevent, or otherwise address fraud, security, unlawful, or technical issues; and (c) enforce the Terms. Our automated systems may analyze your Content using techniques such as machine learning. This analysis may occur when the Content is sent, received, or stored. From this analysis, we are able to improve the Services. To learn more about the machine learning we do, go to [http://www.adobe.com/go/machine\_learning](http://www.adobe.com/go/machine_learning). | |
| 8 | 8 | |
| 9 | 2.2 **Adobe Intellectual Property.** We (and our licensors) remain the sole owner of all right, title, and interest in the Services and Software. We reserve all rights not granted under these terms. | |
| 9 | 3\. Use of Services and Software. | |
| 10 | 10 | |
| 11 | 2.3 **Storage.** When the Services provide storage, we recommend that you continue to back up your content regularly. We may create reasonable technical limits on your content, such as limits on file size, storage space, processing capacity, and other technical limits. We may suspend the Services until you are within the storage space limit associated with your account. | |
| 11 | 3.1 **License**. Subject to your compliance with the Terms and the law, you may access and use the Services and Software. | |
| 12 | 12 | |
| 13 | 2.4 **User-Generated Content**. We may host user-generated content from our users. If you access our Services, you may come across content that you find offensive or upsetting. Your sole remedy is to simply stop viewing the content. If available, you may also click on the "Report" button to report the content to us. | |
| 13 | 3.2 **Adobe Intellectual Property.** We (and our licensors) remain the sole owner of all right, title, and interest in the Services or Software. Except as stated in the Terms, we do not grant you any rights to patents, copyrights, trade secrets, trademarks, or any other rights in respect to the items in the Services or Software. We reserve all rights not granted under the Terms. | |
| 14 | 14 | |
| 15 | 2.5 **Content Files**. **"Content Files"** means Adobe-provided sample files such as stock images or sounds. Unless the documentation or specific license associated with the Content Files state otherwise, you may use, display, modify, reproduce, and distribute any of the Content Files. However, you may not distribute the Content Files on a stand-alone basis (i.e., in circumstances in which the Content Files constitute the primary value of the product being distributed), and you must not claim any trademark rights in the Content Files or derivative works of the Content Files. | |
| 15 | 3.3 **Storage.** When the Services provide storage, we recommend that you also back up your Content elsewhere regularly. We may create reasonable technical limits on file size, storage space, processing capacity, and other technical limits. We may suspend the Services until you are within the storage space limit associated with your account. At the end of your license term, we will use commercially reasonable efforts to allow you to transition your Content out of the Services. The transition must be completed within 30 days from the date of the termination or expiration of your license term. At the end of this 30-day transition period, we reserve the right to delete your Content. | |
| 16 | 16 | |
| 17 | **2.6 Other License Types.** | |
| 17 | 3.4 **User-Generated Content**. We may host user-generated content from our users. If you access our Services, you may come across user-generated content that you find offensive or upsetting. Your sole remedy is to stop viewing the content. If available, you may also click on the "Report" button to report the offensive user-generated content to us. | |
| 18 | 18 | |
| 19 | (a) **NFR Version**. We may designate the Software or Services as "trial", "evaluation", "not for resale", or other similar designation (**"NFR Version"**). You may install and use the NFR Version only during the period and only for the purposes that we have stated when we provide the NFR Version. You must not use any materials you produce with the NFR Version for anything other than non-commercial purposes. | |
| 19 | 3.5 **Sample Files**. "**Sample Files**" means Adobe-provided files such as content images, clip art, stock images, or sounds for use in tutorials, demonstrations, and for other trial purposes, which may be identified as sample files. Sample Files cannot be used for any other purpose than for which they were provided. You cannot distribute Sample Files on a stand-alone basis (i.e., in circumstances in which the Sample Files constitute the primary value of the product being distributed), and you cannot claim any rights in the Sample Files. | |
| 20 | 20 | |
| 21 | (b) **Pre-release Version**. We may designate the Software or Services, or a feature of the Software or Services, as a pre-release or beta version ("Pre-release Version"). Pre-release Version does not represent the final product and may contain bugs that may cause system or other failure and data loss. We may choose not to commercially release the Pre-release Version. You must promptly cease using the Pre-release Version and destroy all copies of Pre-release Version if we request you to do so, or if we release a commercial version of the Pre-release Version. Any separate agreement we enter into with you governing the Pre-release Version will supersede the provisions on Pre-Release Version set out in this section. | |
| 21 | 3.6 **Content Files.** "**Content Files**" means Adobe assets provided as part of the Services and Software. Unless documentation or specific licenses state otherwise, we grant you a personal, non-exclusive, non-sublicensable, and non-transferable license to use the Content Files to create your end use (i.e., the derivative application or product authored by you) into which the Content Files, or derivations thereof, are embedded for your use ("End Use"). You may modify the Content Files prior to embedding them in the End Use. You may reproduce and distribute Content Files only in connection with your End Use, however, under no circumstances can you distribute the Content Files on a stand-alone basis, outside of the End Use. | |
| 22 | 22 | |
| 23 | (c) **Education Version**. If we designate the Software or Service as for use by educational users(**"Educational Version"**), then you may only use the Educational Version if you meet the eligibility requirements stated at [http://www.adobe.com/go/edu\_purchasing](https://www.adobe.com/creativecloud/buy/students.html). You may install and use Educational Version only in the country where you are qualified as an educational user. If you reside in the European Economic Area, then the word "country" in the sentence preceding this one means the European Economic Area. | |
| 23 | 3.7 **Other License Types.** | |
| 24 | 24 | |
| 25 | 3\. Your Content. | |
| 25 | (a) **NFR Version**. We may designate the Services or Software as "trial," "evaluation," "not for resale," or other similar designation (**"NFR Version"**). You may install and use the NFR Version only for the period and purposes stated when we provide the NFR Version. You must not use any materials you produce with the NFR Version for any commercial purposes. | |
| 26 | 26 | |
| 27 | 3.1 **Ownership. You retain all rights and ownership of your content. We do not claim any ownership rights to your content.** | |
| 27 | (b) **Prerelease Version**. We may designate the Services or Software, or a feature of the Services or Software, as a prerelease or beta version ("**Prerelease Version**"). A Prerelease Version does not represent the final product and may contain bugs that may cause system or other failure and data loss. We may choose not to commercially release the Prerelease Version. You must promptly cease using the Prerelease Version and destroy all copies of Prerelease Version if we request you to do so, or if we release a commercial version of the Prerelease Version. Any separate agreement we enter into with you governing the Prerelease Version will supersede these provisions. | |
| 28 | 28 | |
| 29 | 3.2 **Licenses to Your Content in Order to Operate the Services.** We require certain licenses from you to your content to operate and enable the Services. When you upload content to the Services, you grant us a non-exclusive, worldwide, royalty-free, sub-licensable, and transferrable license to use, reproduce, publicly display, distribute, modify (so as to better showcase your content, for example), publicly perform, and translate the content as needed in response to user driven actions (such as when you choose to store privately or share your content with others). **This license is only for the purpose of operating or improving the Services.** | |
| 29 | (c) **Education Version**. If we designate the Services or Software as for use by educational users (**"Educational Version"**), then you may only use the Educational Version if you meet the eligibility requirements stated at [http://www.adobe.com/go/primary-secondary-institution-eligibility-guidelines](http://www.adobe.com/go/primary-secondary-institution-eligibility-guidelines). You may install and use the Educational Version only in the country where you are qualified as an educational user. If you reside in the European Economic Area, then the word "country" in the prior sentence means the European Economic Area. | |
| 30 | 30 | |
| 31 | 3.3 **Our Access**. We will only access, view, or listen to your content in limited ways. For example, in order to perform the Services, we may need to access, view, or listen to your content to (a) respond to support requests; (b) detect, prevent, or otherwise address fraud, security, unlawful, or technical issues; and (c) enforce these terms. Our automated systems may analyze your content using techniques such as machine learning. This analysis might occur as the content is sent, received, or when it is stored. From this analysis, we are able to improve the Services. To learn more about the machine learning we do, go to [http://www.adobe.com/go/machine\_learning](http://www.adobe.com/go/machine_learning). | |
| 31 | 4\. Your Content. | |
| 32 | 32 | |
| 33 | **3.4 Sharing Your Content.** | |
| 33 | 4.1 **Content.** "**Content**" means any material, such as audio files, video files, electronic documents, or images, that you upload and import into the Services or Software in connection with your use of the Services. | |
| 34 | 34 | |
| 35 | (a) **Sharing**. Some Services may provide features that allow you to Share your content with other users or to make it public. **"Share"** means to email, post, transmit, upload, or otherwise make available (whether to us or other users) through your use of the Services. Other users may use, copy, modify, or re-share your content in many ways. Please consider carefully what you choose to Share or make public as you are entirely responsible for the content that you Share. | |
| 35 | 4.2 **Ownership. You retain all rights and ownership of your Content. We do not claim any ownership rights to your Content.** | |
| 36 | 36 | |
| 37 | (b) **Level of Access**. We do not monitor or control what others do with your content. You are responsible for determining the limitations that are placed on your content and for applying the appropriate level of access to your content. If you do not choose the access level to apply to your content, the system may default to its most permissive setting. It's your responsibility to let other users know how your content may be shared and adjust the setting related to accessing or sharing of your content. | |
| 37 | 4.3 **Licenses to Your Content in Order to Operate the Services and Software.** We require certain licenses from you to your Content in order to operate and enable the Services and Software. When you upload Content to the Services and Software, you grant us a nonexclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, publicly display, distribute, modify (so as to better showcase your Content, for example), publicly perform, and translate the Content as needed in response to user driven actions (such as when you choose to privately store or share your Content with others). **This license is only for the purpose of operating or improving the Services and Software.** | |
| 38 | 38 | |
| 39 | (c) **Comments.** The Services may allow you to comment on content. Comments are not anonymous, and may be viewed by other users. Your comments may be deleted by you, other users, or us. | |
| 39 | 4.4 **Sharing Your Content.** | |
| 40 | 40 | |
| 41 | 3.5 **Termination of License**. You may revoke this license to your content and terminate our rights at any time by removing your content from the Service. However, some copies of your content may be retained as part of our routine backups. | |
| 41 | (a) **Sharing**. Some Services and Software may provide features that allow you to Share your Content with other users or to make it public. **"Share"** means to email, post, transmit, upload, or otherwise make available (whether to us or other users) through your use of the Services and Software. Other users may use, copy, modify, or re-share your Content in many ways. Please carefully consider what you choose to Share or make public as you are responsible for the Content that you Share. | |
| 42 | 42 | |
| 43 | 3.6 **Feedback**. You have no obligation to provide us with ideas, suggestions, or proposals (**"Feedback"**). However, if you submit Feedback to us, then you grant us a non-exclusive, worldwide, royalty-free license that is sub-licensable and transferrable, to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, and publicly perform the Feedback. | |
| 43 | (b) **Level of Access**. We do not monitor or control what others do with your Content. You are responsible for determining the limitations that are placed on your Content and for applying the appropriate level of access to your Content. If you do not choose the access level to apply to your Content, the system may default to its most permissive setting. It is your responsibility to let other users know how your Content may be shared and to adjust the setting related to accessing or sharing your Content. | |
| 44 | 44 | |
| 45 | 3.7 **Selling Your Content**. We may allow you to license your content to other users through our Services. If available, you may choose to license your content through us under a separate agreement or directly to other users under an agreement between you and the buyer. | |
| 45 | (c) **Comments.** The Services and Software may allow you to comment on Content. Comments are not anonymous, and may be viewed by other users. Your comments may be deleted by you, other users, or us. | |
| 46 | 46 | |
| 47 | 4\. Account Information. | |
| 47 | 4.5 **Termination of License**. You may revoke this license to your Content and terminate our rights at any time by removing your Content from the Service. Some copies of your Content may be retained as part of our routine backups, however. | |
| 48 | 48 | |
| 49 | **You are responsible for all activity that occurs via your account. Please notify Customer Support immediately if you become aware of any unauthorized use of your account. You may not (a) Share your account information (except with an authorized account administrator) or (b) use another person's account. Your account administrator may use your account information to manage your use and access to the Services.** | |
| 49 | 4.6 **Feedback**. You have no obligation to provide us with ideas, suggestions, or proposals (**"Feedback"**). If you submit Feedback to us however, then you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to make, use, sell, have made, offer to sell, import, reproduce, publicly display, distribute, modify, and publicly perform the Feedback. | |
| 50 | 50 | |
| 51 | 5\. User Conduct. | |
| 51 | 4.7 **Selling Your Content**. We may allow you to license your Content to other users through our Services after agreeing to separate terms. | |
| 52 | 52 | |
| 53 | 5.1 **Responsible Use.** The Adobe communities often consist of users who expect a certain degree of courtesy and professionalism. You must use the Services responsibly. | |
| 53 | 5\. Account Information. | |
| 54 | 54 | |
| 55 | 5.2 **Misuse**. You must not misuse the Services, Software, or content that we provide to you as part of the Services. For example, you must not: | |
| 55 | **You are responsible for all activity that occurs via your account. Please notify Customer Support immediately if you become aware of any unauthorized use of your account. You may not (a) Share your account information (except with an authorized account administrator); or (b) use another person's account. Your account administrator may use your account information to manage your use and access to the Services and Software. For PhoneGap, we reserve the right to monitor and enforce subscription plan limits and restrictions, including, but not limited to, the right to charge for overages.** | |
| 56 | 56 | |
| 57 | (a) copy, modify, host, stream, sublicense, or resell the Services, Software, or content; | |
| 57 | 6\. User Conduct. | |
| 58 | 58 | |
| 59 | (b) enable or allow others to use the Service, Software, or content using your account information; | |
| 59 | 6.1 **Responsible Use**. The Adobe communities often consist of users who expect a certain degree of courtesy and professionalism. You must use the Services and Software responsibly. | |
| 60 | 60 | |
| 61 | (c) use the content or Software included in the Services to construct any kind of database; | |
| 61 | 6.2 **Misuse**. You must not misuse the Services or Software. For example, you must not: | |
| 62 | 62 | |
| 63 | (d) access or attempt to access the Services by any means other than the interface we provided or authorized; | |
| 63 | (a) copy, modify, host, stream, sublicense, or resell the Services or Software; | |
| 64 | 64 | |
| 65 | (e) circumvent any access or use restrictions put into place to prevent certain uses of the Services; | |
| 65 | (b) enable or allow others to use the Services or Software using your account information; | |
| 66 | 66 | |
| 67 | (f) share content or engage in behavior that violates anyone's Intellectual Property Right (**"Intellectual Property Rights"** means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights.); | |
| 67 | (c) use the Software to construct any kind of database; | |
| 68 | 68 | |
| 69 | (g) upload or share any content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another's privacy, or hateful; | |
| 69 | (d) access or attempt to access the Services or Software by any means other than the interface we provide or authorize; | |
| 70 | 70 | |
| 71 | (e) circumvent any access or use restrictions put into place to prevent certain uses of the Services or Software; | |
| 72 | ||
| 73 | (f) share Content, or engage in behavior that violates anyone's intellectual property rights ("**Intellectual Property Rights**" means copyright, moral rights, trademark, trade dress, patent, trade secret, unfair competition, right of privacy, right of publicity, and any other proprietary rights); | |
| 74 | ||
| 75 | (g) upload or share any Content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another's privacy, or hateful; | |
| 76 | ||
| 71 | 77 | (h) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; |
| 72 | 78 | |
| 73 | (i) attempt to disable, impair, or destroy the Services, software, or hardware; | |
| 79 | (i) attempt to disable, impair, or destroy the Services and Software; | |
| 74 | 80 | |
| 75 | (j) disrupt, interfere with, or inhibit any other user from using the Services (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way), | |
| 81 | (j) upload, transmit, store, or make available any Content or code that contains any viruses, malicious code, malware, or any components designed to harm or limit the functionality of the Services or Software; | |
| 76 | 82 | |
| 77 | (k) engage in chain letters, junk mails, pyramid schemes, spamming, or other unsolicited messages; | |
| 83 | (k) disrupt, interfere with, or inhibit any other user from using the Services or Software (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way); | |
| 78 | 84 | |
| 79 | (l) place advertisement of any products or services in the Services except with our prior written approval; | |
| 85 | (l) engage in chain letters, junk mails, pyramid schemes, phishing, spamming, or other unsolicited messages; | |
| 80 | 86 | |
| 81 | (m) use any data mining or similar data gathering and extraction methods in connection with the Services; or | |
| 87 | (m) place an advertisement of any products or services in the Services except with our prior written approval; | |
| 82 | 88 | |
| 83 | (n) violate applicable law. | |
| 89 | (n) use any data mining or similar data gathering and extraction methods in connection with the Services; or | |
| 84 | 90 | |
| 85 | 6\. Fees and Payment. | |
| 91 | (o) violate applicable law (including, but not limited to, where applicable, COPPA). | |
| 86 | 92 | |
| 87 | 6.1 **Taxes and Third-Party Fees**. You must pay any applicable taxes, and any applicable third-party fee (including, for example telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees, foreign transaction fees). We are not responsible for these fees. Contact your financial institution with questions about fees. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses. If you are located in a different country from the applicable Adobe entity that you are transacting with (i.e. Adobe Systems Incorporated for North American customers and Adobe Systems Software Ireland Limited for customers in all other countries), your payments will be made to a foreign entity. | |
| 93 | 7\. Fees and Payment. | |
| 88 | 94 | |
| 89 | 6.2 **Credit Card Information**. If you do not notify us of updates to your payment method, to avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain. | |
| 95 | 7.1 **Taxes and Third-Party Fees**. You must pay any applicable taxes and third-party fees (including, for example, telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees, and foreign transaction fees). We are not responsible for these fees. Contact your financial institution with questions about fees. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses. If you are located in a different country from the applicable Adobe entity that you are transacting with (i.e., Adobe Systems Incorporated for North American customers and Adobe Systems Software Ireland Limited for customers in all other countries), your payments will be made to a foreign entity. | |
| 90 | 96 | |
| 91 | 7\. Your Warranty and Indemnification Obligations. | |
| 97 | 7.2 **Credit Card Information**. If you do not notify us of updates to your payment method, to avoid interruption of your service, we may participate in programs supported by your card provider to try to update your payment information. You authorize us to continue billing your account with the updated information that we obtain. | |
| 92 | 98 | |
| 93 | 7.1 **Warranty.** By uploading your content to the Services, you agree that you have: (a) all necessary licenses and permissions, to use and Share your content and (b) the rights necessary to grant the licenses in these terms. | |
| 99 | 8\. Your Warranty and Indemnification Obligations. | |
| 94 | 100 | |
| 95 | 7.2 **Indemnification**. You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damages, including reasonable attorneys' fees, arising out of or related to your content, your use of the Services or Software, or your violation of these terms. | |
| 101 | 8.1 **Warranty**. By uploading your Content to the Services or Software, you agree that you have: (a) all necessary licenses and permissions to use and Share your Content; and (b) the rights necessary to grant the licenses in the Terms. | |
| 96 | 102 | |
| 97 | 8\. Disclaimers of Warranties. | |
| 103 | 8.2 **Indemnification**. You will indemnify us and our subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claim, demand, loss, or damage, including reasonable attorneys' fees, arising out of or related to your Content, your use of the Services or Software, or your violation of the Terms. | |
| 98 | 104 | |
| 99 | **8.1 Unless stated in the Additional Terms, the Services and Software are provided "AS-IS." To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the Services. We further disclaim any warranty that (a) the Services or Software will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the Services or Software will be effective, accurate, or reliable; (c) the quality of the Services or Software will meet your expectations; or that (d) any errors or defects in the Services or Software will be corrected.** | |
| 105 | 9\. Disclaimers of Warranties. | |
| 100 | 106 | |
| 101 | 8.2 **We specifically disclaim any liability for any actions resulting from your use of any Services or Software. You may use and access the Services or Software at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use and access of any Service or Software.** | |
| 107 | 9.1 **Unless stated in the Additional Terms, the Services and Software are provided "AS-IS." To the maximum extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the Services. We further disclaim any warranty that (a) the Services or Software will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results obtained from the use of the Services or Software will be effective, accurate, or reliable; (c) the quality of the Services or Software will meet your expectations; or (d) any errors or defects in the Services or Software will be corrected.** | |
| 102 | 108 | |
| 103 | 9\. Limitation of Liability. | |
| 109 | 9.2 **We specifically disclaim all liability for any actions resulting from your use of any Services or Software. You may use and access the Services or Software at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data that results from the use of and access to any Service or Software.** | |
| 104 | 110 | |
| 105 | **9.1 Unless stated in the Additional Terms, we are not liable to you or anyone else for: (a) any loss of use, data, goodwill, or profits, whether or not foreseeable; and (b) any special, incidental, indirect, consequential, or punitive damages whatsoever (even if we have been advised of the possibility of these damages), including those (x) resulting from loss of use, data, or profits, whether or not foreseeable, (y) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (z) arising from any other claim arising out of or in connection with your use of or access to the Services or Software. Nothing in these terms limits or excludes our liability for gross negligence, for our (or our employees') intentional misconduct, or for death or personal injury.** | |
| 111 | 9.3 **If you post your Content on our servers to publicly Share through the Services, we are not responsible for: (a) any loss, corruption, or damage to your Content; (b) the deletion of Content by anyone other than Adobe; or (c) the inclusion of your Content by third parties on other websites or other media.** | |
| 106 | 112 | |
| 107 | 9.2 **Our total liability in any matter arising out of or related to these terms is limited to US $100 or the aggregate amount that you paid for access to the Service and Software during the three- month period preceding the event giving rise to the liability, whichever is larger. This limitation will apply even if we have been advised of the possibility of the liability exceeding the amount and notwithstanding any failure of essential purpose of any limited remedy.** | |
| 113 | 10\. Limitation of Liability. | |
| 108 | 114 | |
| 109 | 9.3 **The limitations and exclusions in this Section 9 apply to the maximum extent permitted by law.** | |
| 115 | 10.1 **Unless stated in the Additional Terms, we are not liable to you or anyone else for any loss of use, data, goodwill, or profits, whatsoever, and any special, incidental, indirect, consequential, or punitive damages whatsoever, regardless of cause (even if we have been advised of the possibility of the loss or damages), including losses and damages (a****) resulting from loss of use, data, or profits, whether or not foreseeable; (b) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action; or (c) arising from any other claim arising out of or in connection with your use of or access to the Services or Software. Nothing in the Terms limits or excludes our liability for gross negligence, for our, or our employees', intentional misconduct, or for death or personal injury.** | |
| 110 | 116 | |
| 111 | 10\. Termination. | |
| 117 | 10.2 **Our total liability in any matter arising out of or related to the Terms is limited to US $100 or the aggregate amount that you paid for access to the Service and Software during the three-month period preceding the event giving rise to the liability, whichever is larger. This limitation will apply regardless of the form or source of claim or loss, whether the claim or loss was foreseeable, and whether a party has been advised of the possibility of the claim or loss.** | |
| 112 | 118 | |
| 113 | 10.1 **Termination by You**. You may stop using the Services at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees. | |
| 119 | 10.3 **The limitations and exclusions in this section 10 apply to the maximum extent permitted by law.** | |
| 114 | 120 | |
| 115 | 10.2 **Termination by Us**. If we terminate these terms for reasons other than for cause, then we will make reasonable effort to notify you at least 30 days prior to termination via the email address you provide to us with instructions on how to retrieve your content. Unless stated in Additional Terms, we may, at any time, terminate your right to use and access the Services or Software if: | |
| 121 | 11\. Termination. | |
| 116 | 122 | |
| 117 | (a) you breach any provision of these terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with these terms); | |
| 123 | 11.1 **Termination by You**. You may stop using the Services and Software at any time. Termination of your account does not relieve you of any obligation to pay any outstanding fees. | |
| 118 | 124 | |
| 119 | (b) you fail to make the timely payment of fees for the Software or the Services, if any; | |
| 125 | 11.2 **Termination by Us**. If we terminate the Terms, or your use of the Service(s) for reasons other than for cause, we will make reasonable efforts to notify you at least 30 days prior to termination via the email address you provide to us with instructions on how to retrieve your Content. Unless stated in any Additional Terms, we may, at any time, terminate your right to use and access the Services or Software if: | |
| 120 | 126 | |
| 121 | (c) we are required to do so by law (for example, where the provision of the Services or Software to you is, or becomes, unlawful); | |
| 127 | (a) you breach any provision of the Terms (or act in a manner that clearly shows you do not intend to, or are unable to, comply with the Terms); | |
| 122 | 128 | |
| 123 | (d) we elect to discontinue the Services or Software, in whole or in part, (such as if it becomes impractical for us to continue offering Services in your region due to change of law); or | |
| 129 | (b) you fail to make the timely payment of fees for the Services or Software, if any; | |
| 124 | 130 | |
| 125 | (e) there has been an extended period of inactivity in your free account. | |
| 131 | (c) you materially breach any provision of the Terms, and (i) the breach cannot be corrected; or (ii) we notify you of the breach and you fail to correct it within 14 days of the notice; | |
| 126 | 132 | |
| 127 | 10.3 **Termination by Group Administrator**. Group administrators for a Service such as "Creative Cloud for team" may terminate a user's access to a Service at any time. If your group administrator terminates your access, then you may no longer be able to access content that you or other users of the group have shared on a shared workspace within that Service. | |
| 133 | (d) you physically, verbally, or through other means abuse, threaten, bully, or harass us or our personnel (in such circumstances, we may alternatively suspend or restrict your access to the Services or Software); | |
| 128 | 134 | |
| 129 | 10.4 **Survival**. Upon expiration or termination of these terms, any perpetual licenses you have granted, your indemnification obligations, our warranty disclaimers or limitations of liabilities, and dispute resolution provisions stated in these terms will survive. Upon the expiration or termination of the Services, some or all of the Software may cease to operate without prior notice. | |
| 135 | (e) you have repeatedly made complaints in bad faith or without a reasonable basis, and continue to do so after we have asked you to stop (in such circumstances, we may alternatively suspend or restrict your access to the Services or Software); | |
| 130 | 136 | |
| 131 | 11\. Investigations. | |
| 137 | (f) we are required to do so by law (for example, where the provision of the Services or Software to you is, or becomes, unlawful); | |
| 132 | 138 | |
| 133 | 11.1 **Screening**. We do not review all content uploaded to the Services, but we may use available technologies or processes to screen for certain types of illegal content (for example, child pornography) or other abusive content or behavior (for example, patterns of activity that indicate spam or phishing, or keywords that indicate adult content has been posted outside of the adult wall). | |
| 139 | (g) we elect to discontinue the Services or Software, in whole or in part (such as if it becomes impractical for us to continue offering Services in your region due to change of law); or | |
| 134 | 140 | |
| 135 | 11.2 **Disclosure**. We may access or disclose information about you, or your use of the Services, (a) when it is required by law (such as when we receive a valid subpoena or search warrant); (b) to respond to your requests for customer service support; or (c) when we, in our discretion, think it is necessary to protect the rights, property, or personal safety of us, our users, or the public. | |
| 141 | (h) there has been an extended period of inactivity in your free account. | |
| 136 | 142 | |
| 137 | 12\. Export Control Laws. | |
| 143 | 11.3 **Termination by Group Administrator**. Group administrators for a Service such as "Creative Cloud for teams" may terminate a user's access to a Service at any time. If your group administrator terminates your access, then you may no longer be able to access Content that you or other users of the group have shared on a shared workspace within that Service. | |
| 138 | 144 | |
| 139 | The Software, Services, content, and your use of the Software, Services, and content, are subject to U.S. and international laws, restrictions, and regulations that may govern the import, export, and use of the Software, Services, and content. You agree to comply with all the laws, restrictions, and regulations. | |
| 145 | 11.4 **Survival**. Upon the expiration or termination of the Terms, some or all of the Services and Software may cease to operate without prior notice. Any perpetual licenses you have will continue in full force and effect, however. Your indemnification obligations, our warranty disclaimers or limitations of liabilities, and dispute resolution provisions stated in the Terms will survive. | |
| 140 | 146 | |
| 141 | 13\. Dispute Resolution. | |
| 147 | 12\. Investigations. | |
| 142 | 148 | |
| 143 | 13.1 **Process.** For any concern or dispute you may have, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of submission, you or Adobe must resolve any claims relating to these terms, the Services, or the Software through final and binding arbitration, except that you may assert claims in small claims court if your claims qualify. | |
| 149 | 12.1 **Screening**. We do not review all content uploaded to the Services or Software, but we may use available technologies, vendors, or processes to screen for certain types of illegal content (for example, child pornography) or other abusive content or behavior (for example, patterns of activity that indicate spam or phishing, or keywords that indicate adult content has been posted outside of the adult wall). | |
| 144 | 150 | |
| 145 | 13.2 **Rules**. If you reside in the Americas, JAMS will administrate the arbitration in Santa Clara County, California pursuant to its Comprehensive Arbitration Rules and Procedures. If you reside in Australia, New Zealand, Japan, mainland China, Hong Kong S.A.R., Macau S.A.R., Taiwan, South Korea, India, Sri Lanka, Bangladesh, Nepal, or a member state of the Association of Southeast Asian Nations (ASEAN), then the Singapore International Arbitration Centre (SIAC) will administer the arbitration in Singapore under its Rules of Arbitration, which rules are deemed to be incorporated by reference in this section. Otherwise, the London Court of International Arbitration (LCIA) will administer the arbitration in London under the LCIA Arbitration Rules. There will be one arbitrator that you and Adobe both select. The arbitration will be conducted in the English language, but any witness whose native language is not English may give testimony in the witness' native language, with simultaneous translation into English (at the expense of the party presenting the witness). Judgment upon the award rendered may be entered and will be enforceable in any court of competent jurisdiction having jurisdiction over the parties. | |
| 151 | 12.2 **Disclosure**. We may access or disclose information about you or your use of the Services or Software: (a) when it is required by law (such as when we receive a valid subpoena or search warrant); (b) to respond to your requests for customer service support; or (c) when we, in our discretion, think it is necessary to protect the rights, property, or personal safety of us, our users, or the public. | |
| 146 | 152 | |
| 147 | 13.3 **No Class Actions**. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. | |
| 153 | 13\. Trade Control Laws. | |
| 148 | 154 | |
| 149 | 13.4 **Injunctive Relief**. Notwithstanding the foregoing, in the event of your or others' unauthorized access to or use of the Services or content in violation of these terms you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. | |
| 155 | The Services or Software and your use of the Services and Software, are subject to U.S. and international laws, restrictions, and regulations that may govern the import, export, and use of the Services and Software. You agree to comply with all the laws, restrictions, and regulations. | |
| 150 | 156 | |
| 151 | 14\. Compliance with Licenses. | |
| 157 | 14\. Australian Consumer Law. | |
| 152 | 158 | |
| 153 | If you are a business, company, or organization, then we may, no more than once every 12 months, upon seven 7 days' prior notice to you, appoint our personnel or an independent third party auditor who is obliged to maintain confidentiality to inspect (including manual inspection, electronic methods, or both) your records, systems, and facilities to verify that your installation and use of any and all Software or Services is in conformity with its valid licenses from us. Additionally, you will provide us with all records and information requested by us in order to verify that its installation and use of any and all Software and Services is in conformity with your valid licenses from us within 30 days of our request. If the verification discloses a shortfall in licenses for the Software or Services, you will immediately acquire any necessary licenses, subscriptions, and any applicable back maintenance and support. If the underpaid fees exceed 5% of the value of the payable license fees, then you will also pay for our reasonable cost of conducting the verification. | |
| 159 | Nothing in the Terms is intended to exclude, restrict, or modify any consumer rights under the Competition and Consumer Act 2010 (Cth) (**CCA**) or any other legislation which may not be excluded, restricted, or modified by agreement. If the CCA or any other legislation implies a condition, warranty, or term into the Terms or provides statutory guarantees in connection with the Terms, in respect of goods or services supplied (if any), our liability for breach of such a condition, warranty, other term or guarantee is limited (at our election), to the extent it is able to do so: (a) in the case of supply of goods, us doing any one or more of the following: (i) replacing the goods or supplying equivalent goods; (ii) repairing the goods; (iii) paying the cost of replacing the goods or of acquiring equivalent goods; and (iv) paying the cost of having the goods repaired; or (b) in the case of supply of services, our doing either or both of the following: (i) supplying the services again; and (ii) paying the cost of having the services supplied again. | |
| 154 | 160 | |
| 155 | 15\. Modification. | |
| 161 | 15\. Dispute Resolution. | |
| 156 | 162 | |
| 157 | We may modify these terms or any additional terms that apply to a Service or Software to, for example, reflect changes to the law or changes to our Services or Software. You should look at the terms regularly. We will post notice of modifications to these terms on this page. We will post notice of modified additional terms in the applicable Service or Software. By continuing to use or access the Services or Software after the revisions come into effect, you agree to be bound by the revised terms. | |
| 163 | 15.1 **Process**. If you have any concern or dispute, you agree to first try to resolve the dispute informally by contacting us. If a dispute is not resolved within 30 days of submission, any resulting legal actions must be resolved through final and binding arbitration, except that you may assert claims in small claims court if your claims qualify. | |
| 158 | 164 | |
| 159 | 16\. Miscellaneous. | |
| 165 | 15.2 **Rules**. If you reside in the Americas, JAMS will administer the arbitration in Santa Clara County, California pursuant to its Comprehensive Arbitration Rules and Procedures. If you reside in Australia, New Zealand, Japan, mainland China, Hong Kong S.A.R., Macau S.A.R., Taiwan, South Korea, India, Sri Lanka, Bangladesh, Nepal, or a member state of the Association of Southeast Asian Nations (ASEAN), then the Singapore International Arbitration Centre (SIAC) will administer the arbitration in Singapore under its Rules of Arbitration, which rules are deemed to be incorporated by reference in this section. Otherwise, the London Court of International Arbitration (LCIA) will administer the arbitration in London under the LCIA Arbitration Rules. There will be one arbitrator that you and Adobe mutually select. The arbitration will be conducted in the English language, but any witness whose native language is not English may give testimony in the witness' native language, with simultaneous translation into English (at the expense of the party presenting the witness). Judgment upon the award rendered may be entered and will be enforceable in any court of competent jurisdiction having jurisdiction over you and us. | |
| 160 | 166 | |
| 161 | 16.1 **English Version**. The English version of these terms will be the version used when interpreting or construing these terms. | |
| 167 | 15.3 **No Class Actions**. **You may only resolve disputes with us on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.** | |
| 162 | 168 | |
| 163 | 16.2 **Notice to Adobe**. You may send the notices to us at the following address: Adobe Systems, 345 Park Avenue, San Jose, California 95110-2704, Attention: General Counsel. | |
| 169 | 15.4 **Injunctive Relief**. Notwithstanding the foregoing, in the event of your or others' unauthorized access to or use of the Services or Software in violation of the Terms, you agree that we are entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. | |
| 164 | 170 | |
| 165 | 16.3 **Notice to You**. We may notify you by email, postal mail, postings within the Services, or other legally acceptable means. | |
| 171 | 16\. Audit Rights. | |
| 166 | 172 | |
| 167 | 16.4 **Entire Agreement**. These terms constitute the entire agreement between you and us regarding your use of the Services and Software and supersede any prior agreements between you and us relating to the Services. | |
| 173 | If you are a business, company, or organization, then we may, no more than once every 12 months, upon seven 7 days' prior notice to you, appoint our personnel or an independent third-party auditor who is obliged to maintain confidentiality to inspect (including manual inspection, electronic methods, or both) your records, systems, and facilities to verify that your installation and use of any and all Services or Software is in conformity with its valid licenses from us. Additionally, you will provide us with all records and information requested by us within 30 days of our request in order for us to verify that the installation and use of any and all Services and Software is in conformity with your valid licenses. If the verification discloses a shortfall in licenses for the Services or Software, you will immediately acquire any necessary licenses, subscriptions, and applicable back maintenance and support. If the underpaid fees exceed 5% of the value of the payable license fees, then you will also pay for our reasonable cost of conducting the verification. | |
| 168 | 174 | |
| 169 | 16.5 **Non-Assignment**. You may not assign or otherwise transfer these terms or your rights and obligations under these terms, in whole or in part, without our written consent and any such attempt will be void. We may transfer our rights under these terms to a third party. | |
| 175 | 17\. Updates and Availability. | |
| 170 | 176 | |
| 171 | 16.6 **Severability**. If a particular term is not enforceable, the unenforceability of that term will not affect any other terms. | |
| 177 | 17.1. **Updates to the General Terms and Additional Terms**. We may modify these General Terms, any Additional Terms or Subscription and Cancellation terms, for example, to reflect changes to the law or changes to our Services or Software. You should look at the Terms regularly. We will post notice of modifications to these General Terms and Additional Terms on this page. By continuing to use or access the Services or Software after the revisions are in effect, you agree to be bound by the revised Terms. | |
| 172 | 178 | |
| 173 | 16.7 **No Waiver.** Our failure to enforce or exercise any of these terms is not a waiver of that section. | |
| 179 | 17.2. **Updates to the Services and Software**. We may modify, update, or discontinue the Services or Software (including any portions or features) at any time, without liability to you or anyone else. However, for changes to paid offerings, we will make reasonable efforts to notify you of the modification, update or discontinuation. If we discontinue the Services or Software in its entirety, we will also allow you a reasonable time to download your Content and we may provide you with a pro rata refund for any unused fees for that Service or Software that you prepaid. | |
| 174 | 180 | |
| 175 | 17\. DMCA. | |
| 181 | 17.3. **Availability**. Webpages describing the Services are accessible worldwide, but this does not mean all Services or service features are available in your country or that user-generated content available via the Services is legal or available in your country. Access to certain Services (or certain Service features, Sample Files or Content Files) in certain countries may be blocked by us or foreign governments. It is your responsibility to make sure your use of the Services is legal or available where you use them. Services are not available in all languages. | |
| 176 | 182 | |
| 183 | 18\. No Modifications, Reverse Engineering. | |
| 184 | ||
| 185 | Except as expressly permitted in the Terms, you may not (a) modify, port, adapt or translate any portion of the Services or Software; or (b) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or any portion of any Service or Software. If the laws of your jurisdiction give you the right to decompile the Software to obtain information necessary to render the licensed portions of the Services or Software interoperable with other software, you must first request such information from us. We may, in our discretion, either provide such information to you or impose reasonable conditions, including a reasonable fee, on your decompilation of the Services or Software to ensure that our and our suppliers' proprietary rights in the Services and Software are protected. | |
| 186 | ||
| 187 | 19\. Miscellaneous. | |
| 188 | ||
| 189 | 19.1 **English Version**. The English version of the Terms will be the version used when interpreting or construing the Terms. | |
| 190 | ||
| 191 | 19.2 **Notice to Adobe**. You may send notices to us at the following address: Adobe Systems Incorporated, 345 Park Avenue, San Jose, California, 95110-2704, USA, Attention: General Counsel. | |
| 192 | ||
| 193 | 19.3 **Notice to You**. We may notify you by email, postal mail, postings within the Services, or other legally accepted means. | |
| 194 | ||
| 195 | 19.4 **Non-Assignment**. You may not assign or otherwise transfer the Terms or your rights and obligations under the Terms, in whole or in part, without our written consent, and any such attempt will be void. We may transfer our rights under the Terms to a third party. | |
| 196 | ||
| 197 | 19.5 **Headings**. Headings used in these General Terms or Additional Terms are provided for convenience only and will not be used to construe meaning or intent. | |
| 198 | ||
| 199 | 19.6 **Severability**. If any provision of these General Terms or any Additional Terms is held invalid or unenforceable for any reason, the General Terms and any Additional Terms will continue in full force and effect. | |
| 200 | ||
| 201 | 19.7 **No Waiver**. Our failure to enforce or exercise any provision of the Terms is not a waiver of that provision. | |
| 202 | ||
| 203 | 20\. DMCA. | |
| 204 | ||
| 177 | 205 | We respect the Intellectual Property Rights of others and we expect our users to do the same. We will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act ("DMCA"). You can learn more about Adobe's IP Takedown policies and practices here: [http://www.adobe.com/legal/dmca.html](http://www.adobe.com/legal/dmca.html). |
| 178 | 206 | |
| 179 | 207 | Adobe Systems Incorporated: 345 Park Avenue, San Jose, California 95110-2704 |
| 180 | 208 | |
| 181 | 209 | Adobe Systems Software Ireland Limited: 4-6 Riverwalk, City West Business Campus, Saggart, Dublin 24 |
| 182 | 210 | |
| 183 | Adobe\_General\_Terms\_of\_Use-en\_US-20170331\_2200 | |
| 211 | Adobe\_General\_Terms\_of\_Use-en\_US-20180605\_2200 |