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This license agreement (the “License”) between Adobe Inc., having a place of business at 345 Park Avenue, San Jose, California 95110-2704 (“Adobe”), and you, the individual or entity exercising rights under this License (“you” or “your”), sets forth the terms for your use of certain research materials that are owned by Adobe (the “Licensed Materials”). By exercising rights under this License, you accept and agree to be bound by its terms. If you are exercising rights under this license on behalf of an entity, then “you” means you and such entity, and you (personally) represent and warrant that you (personally) have all necessary authority to bind that entity to the terms of this License. |
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1. **GRANT OF LICENSE.** |
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1.1. Adobe grants you a nonexclusive, worldwide, royalty-free, revocable, fully paid license to (A) reproduce, use, modify, and publicly display the Licensed Materials for noncommercial research purposes only |
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1.2. You may add your own copyright statement to your modifications and may provide additional or different license terms for use, reproduction, modification, public display, and redistribution of your modifications and derivative works, provided that such license terms limit the use, reproduction, modification, public display, and redistribution of such modifications and derivative works to noncommercial research purposes only. |
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1.3. For purposes of this License, noncommercial research purposes include academic research and teaching but do not include commercial licensing or distribution, development of commercial products, or any other activity which results in commercial gain. |
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2. **OWNERSHIP AND ATTRIBUTION.** Adobe and its licensors own all right, title, and interest in the Licensed Materials. You must keep intact any copyright or other notices or disclaimers in the Licensed Materials. |
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3. **DISCLAIMER OF WARRANTIES.** THE LICENSED MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE LICENSED MATERIALS IS ASSUMED BY YOU. ADOBE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO ANY LICENSED MATERIALS PROVIDED UNDER THIS LICENSE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS. |
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4. **LIMITATION OF LIABILITY.** IN NO EVENT WILL ADOBE BE LIABLE FOR ANY ACTUAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS OR OTHER COMMERCIAL LOSS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY LICENSED MATERIALS PROVIDED UNDER THIS LICENSE, EVEN IF ADOBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
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5. **TERM AND TERMINATION.** |
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5.1. The License is effective upon acceptance by you and will remain in effect unless terminated earlier as permitted under this License. |
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5.2. If you breach any material provision of this License, then your rights will terminate immediately. |
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5.3. All clauses which by their nature should survive the termination of this License will survive such termination. In addition, and without limiting the generality of the preceding sentence, Sections 2 (Ownership and Attribution), 3 (Disclaimer of Warranties), and 4 (Limitation of Liability) will survive termination of this License. |
