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ADOBE GENERAL TERMS OF USE

Published August 1, 2022. Effective as of September 19, 2022.

These General Terms of Use replace and supersede all prior versions.

JUMP TO SECTION

1. Your Agreement with Adobe
2. Privacy
3. Use of Services and Software
4. Your Content
5. Your Account
6. User Conduct
7. Fees and Payment

...

JUMP TO SECTION

1. Your Agreement with Adobe
2. Privacy
3. Use of Services and Software
4. Your Content
5. Your Account
6. User Conduct
7. Fees and Payment
8. Your Warranty and Indemnification Obligations
9. DISCLAIMERS OF WARRANTIES
10. LIMITATION OF LIABILITY
11. Termination
12. Trade Sanctions and Export Control Compliance
13. Australian Consumer Law
14. Dispute Resolution, Class Action Waiver, Arbitration Agreement
15. Audit Rights
16. Updates to Services and Software and Availability
17. No Modifications, Reverse Engineering, Artificial Intelligence/Machine
Learning (AI/ML)
18. Miscellaneous
19. DMCA

...

The Mandatory Arbitration Provision and Class Action Waiver in Section 14
(Dispute Resolution, Class Action Waiver, Arbitration Agreement) below govern
the resolution of disputes. Please read them carefully. If you do not agree with
these terms (as defined below), including the Mandatory Arbitration Provision
(if you have not opted as allowed herein) and class action waiver, please do not
use the services or software.

JUMP TO SECTION

1. Your Agreement with Adobe
2. Privacy
3. Use of Services and Software
4. Your Content
5. Your Account
6. User Conduct
7. Fees and Payment

...

JUMP TO SECTION

...

These General Terms of Use (“General Terms”), along with any applicable
Additional Terms (see section 1.2 (Additional Terms) below) (collectively, the
“Terms”) govern your use of and access to our websites, web-based applications
and products, customer support, discussion forums or other interactive areas or
services, and services such as Creative Cloud (collectively, the “Services”) and
your installation and use of any software that we include as part of the
Services, including, without limitation, mobile and desktop applications, Sample
Files and Content Files (defined below), scripts, instruction sets, and related
documentation (collectively, the “Software”). If you have agreed to
the Subscription and Cancellation Terms, then such terms are also considered
part of the Terms. If you are using and accessing the Services and Software
through Adobe’s Value Incentive Plan (“VIP”) program, then the Subscription and
Cancellation Terms do not apply to you, but the remainder of the Terms will
govern your use of and access to the Services and Software. If you have entered
into another agreement with us concerning specific Services and Software, then
the terms of that agreement control where it conflicts with the Terms.

By using the services or the software, you affirm that you are of legal age to
enter into the terms, or, if you are not, that you have obtained parental or
guardian consent to enter into the terms.

You must be 13 or older to register for an individual Adobe ID. Schools that
participate in the primary and secondary education named user offering may issue
a child under 13 an enterprise-level Adobe ID, consistent with the K-12 (Primary
and Secondary) and Higher Education Additional Terms for Student Data.

1. Your Agreement with Adobe.

1.1 Choice of Law and Contracting Entity. If you reside in North America
(inclusive of the United States, Canada, Mexico, United States territories and
possessions, and United States military bases, wherever located), your
relationship is with Adobe Inc., a United States company, and the Terms are
governed by, and construed and interpreted in accordance with, the laws of the
State of California, U.S.A., unless preempted by U.S. federal law, without
regard to conflict of law rules. If you reside outside of North America, your
relationship is with Adobe Systems Software Ireland Limited, and the Terms are
governed by, and construed and interpreted in accordance with, the laws of
Ireland, unless preempted by local law. For customers in Australia, Adobe
Systems Software Ireland Limited is acting as an authorized agent of Adobe
Systems Pty Ltd. and is entering into this contract in its capacity as agent for
Adobe Systems Pty Ltd. You may have additional rights under your local law. We
do not seek to limit those rights where it is prohibited to do so by law. For
purposes of the Terms, “Adobe,” “us,” “we,” and “our” mean either Adobe Inc.,
Adobe Systems Software Ireland Limited, or Adobe Systems Pty Ltd., as
applicable.

1.2 Additional Terms. Our Services and Software are licensed, not sold, to you,
and also may be subject to one or more of the additional terms below
(“Additional Terms”). If there is any conflict between the terms in the General
Terms and the Additional Terms, then the Additional Terms govern in relation to
those Services or Software. The Additional Terms are subject to change as
described in section 1.5 (Updates to Terms) below.

Adobe Acrobat Sign

Adobe Collaboration Space

Adobe Developer

Adobe Express

Adobe Fonts

Adobe Generative AI

Adobe Spark

Adobe Stock

Adobe Stock Contributor

Adobe Substance 3D Assets

Adobe Substance 3D Community Assets

Behance

Business Catalyst

Business Customers

Demo Assets

Document Cloud

Frame.io

Fuse

InDesign Server

K-12 and Higher Education

Lightroom

Medium

Mixamo

Photoshop Express

Software

1.3 Business Users. If you received an “Entitlement” (which is defined as the
right to use, access, and consume the Services and Software) from an
organization or group, including but not limited to a business or any other
commercial entity, government entity, non-profit organization, or educational
institution (each, a “Business”) under one of Adobe’s business plans (such as
Creative Cloud for Teams, Creative Cloud for Enterprise, or Document Cloud),
then (A) you are a “Business User” of such Business; (B) your Adobe profile
associated with such Entitlement is a “Business Profile”; and (C) all references
to “you” in the Terms will mean such Business and its Business Users, as
applicable. If you are a Business User, you agree that, due to your receipt of
Entitlements from such Business, (1) Adobe may provide such Business with the
ability to access, use, remove, retain, and control your Business Profile and
all Content therein whether uploaded or imported before or after the date the
Terms were last updated; (2) your use of the Services and Software is governed
by such Business’s agreement with Adobe; and (3) Adobe may provide your personal
information to such Business. If you are a Business User with Entitlements from
multiple Businesses, you may have separate Business Profiles associated with
each Business. As a Business User, you may have different agreements with or
obligations to a Business, which may affect your Business Profile or your
Content. Adobe is not responsible for any violation by you of such agreements or
obligations. If you did not receive Entitlements from a Business (e.g., you
subscribed to a Creative Cloud for individuals plan and received Entitlements
through this plan), then (a) you are a “Personal User”; (b) your Adobe profile
is a personal profile; (c) you maintain sole access and control over all Content
in your personal account or personal profile (except as otherwise indicated in
the Privacy Policy); and (d) all references to “you” in the Terms will mean you
as an individual. If you receive Entitlements through a personal plan and from a
Business, then you are both a Personal User and a Business User. You are a
Personal User when you utilize the Entitlements you obtained through your
personal plan, and you are a Business User when you utilize your Entitlements
provided by a Business.

1.4 Business Email Domains. As a Personal User or a Business User, you may
create an Adobe account using an email address provided or assigned to you by a
Business (such as your work email address). If the Business establishes a direct
relationship with us, they may want to add your account to such relationship. If
this happens, the Business may, with prior notice from the Business or us, roll
your account into the Business’s account. This means the Business may (A) access
the account; (B) take control over the account and any Content therein whether
stored, uploaded, or imported before or after the date the Terms were last
updated; and (C) recommend any non-Business Content associated with such account
to be moved to a new account that utilizes an email address not associated with
such Business. You, as a Personal User with an Adobe account assigned to a
Business or a Business User, also acknowledge that Adobe may provide your
personal information to such Business (including, for clarity, sharing your
information with an administrator of your Business), such as your name, email
address and Entitlement information. If you do not want a Business to access,
use, remove, retain, or control an account or profile, then do not use a
Business email address with that account. Information regarding Content storage
and access, and how you may change the email address associated with your
account may be found here. Adobe may share information about the Business, such
as name and email address of the administrator, to a Business User.

1.5 Updates to Terms. We may make changes to the Terms from time to time, and if
we do, we will notify you by revising the date at the top of the Terms and, in
some cases, we may provide you with additional notice. Any such changes will not
apply to any dispute between you and Adobe arising prior to the date on which we
posted the revised Terms incorporating such changes, or when the Terms otherwise
become effective. You should look at the Terms regularly. Unless otherwise
noted, the amended Terms will be effective immediately, and your continued use
of our Services and Software confirm your acceptance of the changes. If you do
not agree to the amended Terms, you must stop using our Services and Software
and, if applicable, cancel your subscription.

2. Privacy.

2.1 Privacy. For information about how we collect, use, share, or otherwise
process information about you and your use of our Services and Software, please
see our Privacy Policy. You have the option to manage information
preferences here.

2.2 Our Access to Your Content. We will only access, view, or listen to your
Content (defined in section 4.1 (Content) below) in limited ways, and only as
permitted by law. For example, in order to provide the Services and Software, we
may need to access, view, or listen to your Content to (A) respond to Feedback
or support requests; (B) detect, prevent, or otherwise address fraud, security,
legal, or technical issues; and (C) enforce the Terms. Our automated systems may
analyze your Content and Creative Cloud Customer Fonts (defined in section 3.10
(Creative Cloud Customer Fonts) below) using techniques such as machine learning
in order to improve our Services and Software and the user experience.
Information on how Adobe uses machine learning can be found here.

2.3 Data Protection Agreements. In some countries, the law requires that we put
a data protection agreement in place with you if we handle Personal Data (as
defined in the applicable agreement) for you as part of our Services and
Software. These agreements are the EU Data Processing Agreement or Data
Protection Terms, found in the following locations:

(A) European Union (“EU”) Data Processing Agreement (or “DPA”). The DPA terms
apply where you provide Personal Data (as defined in the DPA) collected from
individuals from countries in the European Economic Area (“EEA”) and the UK and
where you are a “Controller” and Adobe is a “Processor” under the General Data
Protection Regulation (EU) 2016/679 (“GDPR”) or any successor for the GDPR
associated with the withdrawal of the United Kingdom from the EU. The DPA terms
are available here.

(B) Data Protection Terms. The Data Protection Terms apply where you provide
Personal Data (as defined in the Data Protection Terms) collected from
individuals outside of the EEA and the UK and where Adobe is Processing (as
defined in the Data Protection Terms) this data at your instruction and on your
behalf. The Data Protection Terms are available here.

2.4 Sensitive Personal Information. You agree not to collect, process, or store
any Sensitive Personal Information (as defined below) using the Services and
Software, except as (A) directly authorized by Adobe, (B) intended by the
Services and Software, or (C) governed by the Additional Terms, as applicable.
You agree not to transmit, disclose, or make available Sensitive Personal
Information to Adobe or Adobe’s third-party providers. “Sensitive Personal
Information” means an individual’s financial information, data concerning an
individual’s sexual behavior or sexual orientation, medical, or health
information protected under any health data protection laws, biometric data,
personal information of children protected under any child data protection laws
(such as the personal information defined under the U.S. Children’s Online
Privacy Protection Act (“COPPA”)) and any additional types of information
included within this term or any similar term (such as “sensitive personal data”
or “special categories of personal information”) as used in applicable data
protection or privacy laws. If you are a Business, you also agree to ensure
Business Users’ compliance with this section 2.4 (Sensitive Personal
Information).

2.5 Transfer of Personal Information. We process and store information in the
U.S. and other countries. By using our Services and Software, you authorize
Adobe to transfer your personal information across national borders and to other
countries where Adobe and its partners operate.

3. Use of Services and Software.

3.1 License. Subject to your compliance with the Terms and applicable law, we
hereby grant you a non-exclusive, limited, revocable right for you to install,
access and use the Services and Software that we make available to you, and that
you license from us. Each license is to be used by only one (1) person and
cannot be shared. At the end of your license term, your license(s) will expire
as set forth in your order document(s), or the Subscription and Cancellation
Terms. The version(s) of the Services and Software available at your renewal
date may be different from the version(s) available when you first licensed them
from Adobe. The versions of the Services and Software that Adobe supports can be
found here. You agree that your decision to use, access, or license the Services
and Software is not contingent on the delivery of any future functionality or
features, or dependent on any oral or written public comments made by us
regarding future functionality or features.

3.2 Adobe Intellectual Property. We (and our licensors, as applicable) remain
the sole owner of all right, title, and interest in the Services and 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. This means you may not use our trade names,
trademarks, service marks or logos in connection with any product or service
that is not ours, or in any manner that is likely to cause confusion. We reserve
all rights not granted under the Terms.

3.3 Storage. We recommend that you back up your Content and Creative Cloud
Customer Fonts elsewhere regularly, even if the Services provide storage and
this functionality is enabled by the applicable Services. We may create
reasonable technical limits, such as limits on file size, storage space,
processing capacity, and other attributes. 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 thirty (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. You should download any Content that you have stored in
the Services before your license ends.

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. We bear no responsibility for such user-generated
content and your sole remedy is to stop viewing the content. If available, you
may also click on the “Report” button to report offensive user-generated content
to us.

3.5 Sample Files. “Sample Files” means Adobe-provided audio, visual, video, or
other content files 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 in any way that allows a third party to use, download, extract, or
access the Sample Files as a stand-alone file, and you cannot claim any rights
in the Sample Files.

3.6 Content Files. “Content Files” means Adobe assets provided as part of the
Services and Software. Unless documentation or specific licenses (including but
not limited to Additional Terms) state otherwise, we grant you a personal,
non-exclusive, non-sublicensable (except if you are a Business, then
sublicensable only to your Business Users), 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.

3.7 Free Memberships, Offers, and Trials. Adobe may provide free memberships,
offers, and trial subscriptions in its sole discretion. If access to the
Services and Software is provided to you for free or for trial purposes, such
access is governed by the Terms. At any time prior to or during the free or
trial period, Adobe may, in its sole discretion, terminate the free or trial
access without prior notice and without any liability to you, to the extent
permitted under applicable law, for any reason, including to prevent abuse of
the free or trial access. After the free or trial access period expires, you may
continue using the Services or Software only by enrolling in a paid
subscription, if available, or as otherwise permitted by Adobe. During the free
or trial period, no express or implied warranties shall apply to the Services
and Software; all Services and Software are provided “as-is” with all defects,
and no technical or other support is included.

3.8 NFR Version. Adobe may also designate the Services and 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.

3.9 Adobe Talent.

(A) You may not post jobs that point to specific work contests or other
opportunities that solicit customized and unpaid creative work from creative
professionals. Any such postings may be removed without refund.

(B) We offer a paid “Talent Search” feature to recruiters and companies looking
to discover and hire creative talents. By uploading a public profile or public
project on the Services, you agree that the public information may be included
in Talent Search results.

3.10 Creative Cloud Customer Fonts.

(A) For any font or font file you upload or submit to the Services and Software
(“Creative Cloud Customer Fonts”) you represent and warrant that you have all
necessary rights to allow us to use, reproduce, display, host, and distribute
the Creative Cloud Customer Fonts through the Services and Software for your
use. Creative Cloud Customer Fonts are not considered Content, as defined in the
Terms. You retain all rights to the unmodified Creative Cloud Customer Fonts.
You acknowledge that enabling the display of any Creative Cloud Customer Font
with the Services and Software for your use may require us to use Adobe
Technology, including our proprietary font-optimization technology, and that we
retain all rights to such Adobe Technology. “Adobe Technology” means technology
owned by us or licensed to us by a third-party (including the Services and
Software and any related intellectual property rights throughout the world), any
Feedback provided to us that is incorporated into any of the foregoing, and any
of the modifications, or extensions of any of the foregoing, whenever or
wherever developed. Adobe does not represent or warrant that any such Creative
Cloud Customer Fonts will be compatible with or be suitable for use with the
Services or Software.

(B) If we are informed by a third party, such as a foundry, or become aware that
you do not have the rights to which you warrant in section 3.10(A) (Creative
Cloud Customer Fonts) or that your Creative Cloud Customer Fonts violate
third-party Intellectual Property Rights, then we may remove the Creative Cloud
Customer Fonts from your account, from the Services, or from the Content that
uses such Creative Cloud Customer Fonts. You acknowledge that if we remove your
Creative Cloud Customer Fonts from your account, the Services or the Content
that uses the Creative Cloud Customer Fonts, or the display of your Content may
change, and we will have no liability in connection with the removal.
Information about how your Content may change can be found here.

(C) You may revoke our access to your Creative Cloud Customer Fonts and
terminate our rights at any time by deleting your Creative Cloud Customer Fonts
from the Service.

(D) Upon termination or closure of your account, we reserve the right to delete
your Creative Cloud Customer Fonts. Some copies of your Creative Cloud Customer
Fonts may be retained as part of our routine backups.

(E) We may collect information connected to your use of the Creative Cloud
Customer Fonts, such as names of the Creative Cloud Customer Fonts that you
upload and how you use the Creative Cloud Customer Fonts.

3.11 Other License Types.

(A) Pre-release or Beta Version. We may designate the Services and Software, or
a feature of the Services and Software, as a prerelease or beta version (“Beta
Version”). A Beta Version does not represent the final Services and Software and
may contain bugs that may cause system or other failure and data loss. We may
choose not to release a commercial version of the Beta Version. You must
promptly cease using the Beta Version and destroy all copies of the Beta Version
if we request you to do so. In exchange for your use of a Beta Version, you
agree that Adobe may collect data, including crash data, regarding your use of
the Beta Version and analyze your Content, including manual review, to improve
our Services and Software and to personalize your experience, regardless of
whether you have opted-out of data collection for non-Beta Versions. If you do
not wish to have your usage tracked or Content analyzed, you must discontinue
your use of the Beta Version by uninstalling such Beta Version or utilizing a
non-Beta Version of the Services and Software. Any separate agreement we enter
into with you governing the Beta Version will supersede these provisions.

(B) Education Version. If we designate the Services and Software to be for use
by educational users (“Educational Version”), then you may use the Educational
Version only if you meet the eligibility requirements stated here. 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 EEA, then the word
“country” in the prior sentence means the EEA.

3.12 Third-Party Services and Software. Adobe may make third-party software and
services (including plug-ins and extensions) available to you through the
Services and Software as a convenience. Third-party software and services are
not Services and Software as defined in the Terms and your acquisition and use
of such third-party software and services is solely between you and the third
party. Some third-party terms that may be applicable to your use of the Services
and Software are available here:
(www.adobe.com/go/thirdparty and https://www.adobe.com/legal/permissions/image-notice.html).
You are responsible for complying with all applicable third-party terms.

4. Your Content.

4.1 Content. “Content” means any text, information, communication, or material,
such as audio files, video files, electronic documents, or images, that you
upload, import into, embed for use by, or create using the Services and
Software. We reserve the right (but do not have the obligation) to remove
Content or restrict access to Content, Services, and Software if any of your
Content is found to be in violation of the Terms. We do not review all Content
uploaded to the Services and 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).

4.2 Licenses to Your Content. Solely for the purposes of operating or improving
the Services and Software, you grant us a non-exclusive, worldwide, royalty-free
sublicensable, license, to use, reproduce, publicly display, distribute, modify,
create derivative works based on, publicly perform, and translate the Content.
For example, we may sublicense our right to the Content to our service providers
or to other users to allow the Services and Software to operate as intended,
such as enabling you to share photos with others. Separately, section 4.5
(Feedback) below covers any Feedback that you provide to us.

4.3 Ownership. As between you and Adobe, you (as a Business User or a Personal
User, as applicable) retain all rights and ownership of your Content (or where
applicable, you must ensure that you or the Business (as applicable) have a
valid license to the Content). We do not claim any ownership rights to your
Content.

4.4 Sharing Your Content.

(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, stream, 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.

(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.

(C) Comments. Any comments that you submit through the Services and Software are
not anonymous and may be viewed by other users. In some Services and Software,
your comments may be deleted by you, by other users, or by us.

(D) Removing Your Content. If you delete Content (excluding Feedback) from the
Services and Software, we will stop making that Content publicly available
within a reasonable amount of time. Some copies of your Content may be retained
as part of our routine backups, and we are not responsible for any use of
Content that you have Shared or made public.

(E) Collaboration. Before you Share any Content through the Services, please
review the Adobe Collaboration Space Additional Terms set forth in section 1.2
(Additional Terms) above as they apply to you and the Content you Share within
Adobe collaboration environments.

4.5 Feedback. You may, at your own discretion, choose to provide us with ideas,
suggestions, proposals, or bug or crash reports for the Services and Software
("Feedback"). In such event, you agree that we are the owner of such Feedback,
and we are free to use it for our business purposes, including by incorporation
into the Services and Software without any payment or attribution or other
obligation to you.

5. Your Account.

5.1 Account Information. You, as a Personal User or a Business User, are
responsible for all activity that occurs via your account even if that activity
is not by you or is without your knowledge or consent. You may not (A) share
your account information (except with an authorized account administrator),
whether intentionally or unintentionally; 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.

5.2 Account Security. You are responsible for taking reasonable steps to
maintain the security and control of your Adobe Account. Adobe may require you
to enable multi-factor authentication and provide a phone number or an alternate
email for security purposes. Adobe assumes no responsibility for any loss that
you may sustain due to a compromise of your account login credentials, or your
failure to follow or act on any notices or alerts that we may send to your email
address or telephone number. You are responsible for keeping your email address
and telephone number up to date in order to receive any notices or alerts that
we may send you, and you are also responsible for carefully reviewing any
messages purporting to be from Adobe to ensure they are legitimate. We assume no
responsibility if you are unable to access your Adobe Account because you cannot
provide the appropriate login credentials, such as a password, email address, or
telephone number. If you suspect that your Adobe Account or any of your security
details have been compromised, please contact your account administrator
or Adobe Customer Care.

5.3 Free Account Inactivity. You are responsible for keeping your account
active, which means you must sign in periodically to avoid any disruption or
loss of access to the Services and Software, or termination of your account. If
you don't sign into your account periodically, we reserve the right to assume
your account is inactive, and you agree that we may close it for you. You
understand that you will lose access to any Content stored in your account upon
closure. Prior to closing your account for inactivity, we will attempt to
provide notice to you. For the avoidance of doubt, this section 5.3 (Free
Account Inactivity) does not apply to paid accounts in good standing.

6. User Conduct.

You must use the Services and Software responsibly and not misuse the Services
and Software. For example, you must not:

6.1 use the Services and Software without, or in violation of, a written license
or agreement with Adobe;

6.2 copy, modify, host, stream, sublicense, or resell the Services and Software;

6.3 enable or allow others to use the Services and Software using your account
information;

6.4 offer, use, or permit the use of or access to the Services and Software in a
computer services business, third-party outsourcing service, on a membership or
subscription basis, on a service bureau basis, on a time sharing basis, as a
part of a hosted service, or on behalf of any third party;

6.5 construct a database or dataset using, including, or comprised of the
Content Files;

6.6 access or attempt to access the Services and Software by any means other
than the interface we provide or authorize;

6.7 circumvent any access or use restrictions put into place to prevent certain
uses of the Services and Software;

6.8 Share Content, including Creative Cloud Customer Fonts or otherwise 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;

6.9 Share any Content or engage in behavior that is unlawful, harmful,
threatening, obscene, violent, abusive, tortious, defamatory, libelous, vulgar,
lewd, invasive of another’s privacy, hateful, or otherwise objectionable;

6.10 Share any Content that sexualizes minors or that is intended to facilitate
inappropriate interactions with minors, other Adobe users, or the public;

6.11 impersonate any person or entity, or falsely state or otherwise
misrepresent your affiliation with a person or entity, including not disclosing
an applicable sponsorship or endorsement relationship when you leave a review;

6.12 attempt to disable, impair, or destroy the Services and Software;

6.13 upload, transmit, store, or make available any Content, including Creative
Cloud Customer Fonts, or code that contains any viruses, malicious code,
malware, or any components designed to harm or limit the functionality of the
Services and Software;

6.14 disrupt, interfere with, or inhibit any other user from using the Services
and Software (such as stalking, intimidation, harassment, or incitement or
promotion of violence or self-harm);

6.15 engage in chain letters, junk mail, pyramid schemes, phishing, spamming, or
other unsolicited messages;

6.16 engage in fraudulent activities, such as payment and refund fraud;

6.17 place an advertisement of any products or services in the Services except
with our prior written approval;

6.18 use any data mining or similar data gathering and extraction methods in
connection with the Services and Software, including data scraping for machine
learning or other purposes;

6.19 artificially manipulate or disrupt the Services and Software (such as
manipulating appreciations on Behance or driving users to third-party sites);

6.20 create Adobe accounts for the purpose of violating the Terms or our
policies (or other types of actions taken by Adobe), including, but not limited
to, creating fake accounts, or for circumventing account termination;

6.21 manipulate or otherwise display the Services and Software by using framing
or similar navigational technology; or

6.22 violate applicable law.

7. Fees and Payment.

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, VAT, 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 with which you are transacting (i.e., Adobe Inc. 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.

7.2 Credit Card Information. You authorize us or our authorized vendor(s) to
store your payment method and use it in connection with your use of the Services
and Software as described in your Subscription and Cancellation Terms. 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 or our
authorized vendor(s) to continue billing and charging your account for amounts
owed with the information that we obtain.

8. Your Warranty and Indemnification Obligations.

8.1 Warranty. You must 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.

8.2 Indemnification. You will indemnify us and our subsidiaries, affiliates,
officers, agents, employees, partners, and licensors from any claim(s),
demand(s), loss(es), or damage(s), including reasonable attorneys’ fees ,
arising out of, or related to your Content, including, but not limited to
Creative Cloud Customer Fonts, your use of the Services and Software (as
applicable), your interactions with any other users (including Third-Party
Entitlement Holders), or your violation of the Terms (“Matter”). We have the
right to control the defense of any Matter subject to indemnification by you
with counsel of our own choosing. You will fully cooperate with us in the
defense of any Matter.

9. DISCLAIMERS OF WARRANTIES.

9.1 Unless stated in the Additional Terms, the Services and Software are
provided “AS-IS.” To the maximum extent permitted by law, Adobe, its affiliates,
and third-party providers (“Covered Parties”) disclaim all warranties, express
or implied, including the implied warranties of non-infringement,
merchantability, and fitness for a particular purpose. The Covered Parties make
no commitments about the content within the Services. The Covered Parties
further disclaim any warranty that (A) the Services and 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 and Software
will be effective, accurate, or reliable; (C) the quality of the Services and
Software will meet your expectations; or (D) any errors or defects in the
Services and Software will be corrected.

9.2 The Covered Parties specifically disclaim all liability for any actions
resulting from your use of any Services and Software. You may use and access the
Services and 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 and Software.

9.3 If you post your Content on our servers to publicly Share through the
Services, the Covered Parties 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 in other media.

10. LIMITATION OF LIABILITY.

10.1 Unless stated in the Additional Terms, in no event shall the Covered
Parties be liable to you or anyone else for any special, incidental, indirect,
consequential, moral, exemplary or punitive damages whatsoever, regardless of
cause, including losses and damages (A) resulting from loss of use, data,
reputation, revenue, or profits; (B) based on any theory of liability, including
breach of contract or warranty, negligence, or other tortious action; or (C)
arising out of or in connection with your use of or access to the Services and
Software. Nothing in the Terms limits or excludes our liability for gross
negligence, intentional misconduct of Adobe or its employees, death, or personal
injury.

10.2 Our total liability in any matter arising out of or related to the Terms is
limited to the greater of (A) US $100; or (B) the aggregate amount that you paid
for access to the Services and Software during the three-month period preceding
the event giving rise to the liability. Our suppliers will have no liability in
any matter arising out of or related to the Terms.

10.3 These limitations and exclusions in this section 10 (Limitation of
Liability) apply to the maximum extent permitted by law even if (A) a remedy
does not fully compensate you for any losses or fails of its essential purpose;
or (B) the Covered Parties knew or should have known about the possibility of
damages.

10.4 The Terms set forth the entire liability of the Covered Parties as well as
your exclusive remedy with respect to access and use of the Services and
Software.

11. Termination.

11.1 Termination by You. You may cancel your subscription and terminate your use
of the Services and Software at any time. Cancellation or termination of your
account does not relieve you of any obligation to pay any outstanding fees
associated with your subscription, including, but not limited to early
cancellation fees.

11.2 Termination by Us. Unless stated in the Additional Terms, we may at any
time immediately terminate or suspend your right to use and access the Services
and Software, without refunds for any pre-paid fees, if in Adobe's sole
discretion:

(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);

(B) you fail to make the timely payment of fees for the Services and Software,
if any;

(C) 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 and Software);

(D) 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);

(E) continuing to provide the Software or Services to you would violate any
applicable law;

(F) we elect to discontinue the Services and Software, in whole or in part if it
becomes impractical for us to continue offering Services in your region due to
change of law, or other reason; or

(G) there has been an extended period of inactivity in your free account

If we terminate the Terms, or your use of the Services and Software for reasons
other than for cause, as listed above, we will make reasonable efforts to notify
you via the email address you provide to us, at least thirty (30) days prior to
termination, with instructions on how to retrieve your Content. Upon termination
by us, you may lose access to your Content.

If you believe your Adobe Account has been deactivated in error, you may submit
an appeal by following the process outlined when you attempt to log into your
account. If you have any related questions, please contact Adobe Customer
Care here.

11.3 Survival. Upon the expiration or termination of the Terms, some or all of
the Services and Software may cease to operate without prior notice. Your
indemnification obligations, our warranty disclaimers and limitations of
liabilities, and the dispute resolution provisions stated in the Terms will
survive.

12. Trade Sanctions and Export Control Compliance.

The Services and Software, and your use of them, are subject to laws,
restrictions, and regulations of the United States and other jurisdictions that
(A) govern the import, export, and use of the Services and Software; and (B)
may, in Adobe's sole discretion, prohibit us from providing the Services and
Software to you with or without notice, in which case no refunds will be
provided for any pre-paid fees. By using the Services and Software, you agree to
comply with all such laws, restrictions, and regulations, and you warrant that
you are not prohibited from receiving the Services and Software by the laws of
any jurisdiction. Additionally, you agree not to upload to or transmit over any
Services or Software any content that is controlled for export from the United
States (including technical data controlled under the US International Traffic
in Arms Regulations and technology controlled under the US Export Administration
Regulations) without prior written approval from Adobe.

13. Australian Consumer Law.

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, our doing
any one or more of the following: (1) replacing the goods or supplying
equivalent goods; (2) repairing the goods; (3) paying the cost of replacing the
goods or of acquiring equivalent goods; and (4) 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: (1) supplying the services again; and (2) paying the cost
of having the services supplied again.

14. Dispute Resolution, Class Action Waiver, Arbitration Agreement.

Adobe Customer Care is available to address most concerns that you may have
regarding Adobe’s Services and Software. Contact Adobe Customer Care here.

14.1 Notice of Claim and Required Information Dispute Resolution Process. If you
have any concern or dispute that Adobe Customer Care is unable to resolve
(“Claim”), you agree to first try to resolve the dispute informally and in good
faith by contacting us and providing a written Notice of Claim to the address
provided in section 18.2 (Notice to Adobe). The Notice of Claim must provide
Adobe with fair notice of your identity, a description of the nature and basis
of your Claim, and the relief you are seeking, including the specific amount of
any monetary relief you are seeking, and cannot be combined with a Notice of
Claim for other individuals. If any dispute related to your Claim is not
resolved within 60 days of receipt, any resulting legal actions must be resolved
through either small claims court or final and binding arbitration, including
any dispute about whether arbitration is required for the dispute, subject to
the exceptions set forth below. Neither party shall initiate legal action until
60 days after the Notice of Claim is received. This agreement to arbitrate shall
apply, without limitation, to all claims that arose or were asserted before the
effective date of the Terms. The arbitrator, and not any federal, state, or
local court or agency, shall have the exclusive authority to resolve any dispute
relating to the interpretation, applicability or enforceability of the Terms or
formation of the Terms, including whether any dispute between us is subject to
arbitration (i.e., the arbitrator will decide the arbitrability of any dispute)
and whether all or any part of these Terms are void or voidable. Claims related
to the Terms, Services, or Software are permanently barred if not brought within
one year of the event resulting in the Claim.

14.2 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. Nonetheless, if any portion of
this class action waiver is deemed unenforceable or invalid as to a particular
remedy, then that remedy (and only that remedy) must be severed from the
arbitration and may be sought in court. The parties agree, however, that any
adjudication of remedies not subject to arbitration shall be stayed pending the
outcome of any arbitrable claims and remedies.

14.3 Arbitration Rules. If you reside in the Americas, JAMS will administer the
arbitration in Santa Clara County, California, USA, pursuant to its Streamlined
Arbitration Rules and Procedures. If you reside in Australia, New Zealand,
Japan, mainland China, Hong Kong, Macau, 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, UK 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. In the event of a conflict
between the rules of the arbitration provider and the Terms, including with
respect to the assessment of the fees and costs of arbitration, the Terms will
govern.

14.4 Arbitration Fees and Costs. Payment of all filing, administration, and
arbitrator fees and costs of arbitration will be governed by the rules of the
arbitration provider, except that to the extent that you bring a Claim as part
of a Coordinated Action, we agree that the parties will equally share all of the
fees and costs of arbitration (to the extent that allocation is not already
required under applicable rules). For purposes of this section, a “Coordinated
Action” is any action in which you are represented by a law firm or collection
of law firms that has filed numerous coordinated individual arbitration demands
of the same or similar nature against Adobe within a short time. Notwithstanding
the above, if you are unable to afford fees or costs of arbitration, Adobe will
pay them. If the arbitrator finds that either the substance of a Claim or the
relief sought in arbitration was frivolous, or a Claim was brought for an
improper purpose, the parties may seek to re-allocate the fees and costs of
arbitration, according to the rules of the arbitration provider.

14.5 Exceptions to Arbitration – Small Claims and Injunctive Relief.
Notwithstanding the foregoing, either party may elect to have any Claim that is
subject to the jurisdiction of small claims court decided in small claims court
in Santa Clara County, California, USA, or the county of your residence. If
either party files a Claim in arbitration that could have been brought in small
claims court, the other party may provide notice that it wants the case decided
in small claims court before the appointment of an arbitrator, and the
arbitrator shall administratively close the case before assessing any fees, and
the party bringing the Claim must proceed in small claims court in lieu of
arbitration. Any dispute about whether a Claim qualifies for small claims court
shall be resolved by that court, not by an arbitrator. In the event of any such
dispute, the arbitration proceeding shall remain closed unless and until a
decision by the small claims court that the Claim should proceed in arbitration.
Additionally, either party shall be entitled to apply for preliminary injunctive
remedies (or an equivalent type of urgent legal relief) in any jurisdiction,
such as in the event of your or others’ unauthorized access to or use of the
Services or Software in violation of the Terms. If a party has a dispute in
which they seek to obtain both preliminary injunctive relief and other forms of
relief, the party may go to court to seek preliminary injunctive relief but must
arbitrate its claims or seek relief in small claims court for all other forms of
relief.

14.6 Acceptance of Arbitration and Right to Opt Out. Within the first thirty
(30) days of your use of the Services and Software or the date of the last
update to section 14 (Dispute Resolution, Class Action Waiver, Arbitration
Agreement) of the Terms, whichever is later, you have the right to opt out of
the arbitration and class action waiver provisions of section 14 (Dispute
Resolution, Class Action Waiver, Arbitration Agreement) by sending us written
notice of your decision at the address set forth in section 18.2 (Notice to
Adobe). If you opt out of these provisions, Adobe will also not be bound by
them.

15. Audit Rights.

If you are a Business, then we may, no more than once every twelve (12) months,
upon at least 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 Services or
Software comply with our Terms. Additionally, you will provide us with all
records and information requested by us within thirty (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 conformity with the licenses for the Services and
Software, you will immediately acquire any necessary licenses, subscriptions,
and applicable back maintenance and support or other applicable action in order
to remedy any such non-conformity(ies).

16. Updates to Services and Software and Availability.

16.1 Updates to the Services and Software. We may modify, update, or discontinue
the Services and Software (including any portions or features), which
modifications, updates or discontinuations may, for clarity, be detrimental or
result in a diminishment of value to you, at any time, without liability to you
or anyone else. For changes to paid offerings that, in Adobe’s reasonable
discretion, are detrimental or result in a material diminishment of value to
you, we will make reasonable commercial efforts to notify you of such
modification, update, or discontinuation. If we discontinue the Services or
Software in its entirety, we will use reasonable commercial efforts to allow you
to transition your Content, and we may provide you with a pro rata refund for
any unused fees for that Service or Software that you prepaid.

16.2 Availability. Our webpages may be accessible worldwide, but this does not
mean all Services and Software are available in your country or that
user-generated content available via the Services and Software is legal or
available in your country. Access to certain Services (or certain Service
features) or Software in certain countries may be blocked by us or foreign
governments. It is your responsibility to make sure your use of the Services and
Software is legal or available where you use them. Services and Software are not
available in all languages.

17. No Modifications, Reverse Engineering, Artificial Intelligence/Machine
Learning (AI/ML).

Certain elements of the Services and Software constitute our (or our licensors’)
confidential information. Except as expressly permitted in the Terms, you may
not (and will not allow third parties to) (A) modify, port, adapt, or translate
any portion of the Services or Software; (B) reverse engineer (including but not
limited to monitoring or tracking the inputs and outputs flowing through a
system or an application in order to recreate that system), decompile,
disassemble, or otherwise attempt to discover, within any Service or Software,
the source code, data representations or underlying algorithms, processes,
methods, and any other portion of such Service or Software; or (C) use, or allow
third parties to use, the Services or Software (including any architectures,
models, or weights [which is considered Adobe’s confidential and proprietary
information]), or any content, data, output, or other information received or
derived from the Services or Software, to directly or indirectly create, train,
test, or otherwise improve any machine learning algorithm or artificial
intelligence system that mimics or performs any function substantially similar
to any function contained within the Services or Software. If the laws of your
jurisdiction give you the right to decompile the Services or 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 licensors’
and suppliers’ proprietary rights in the Services and Software are protected.

18. Miscellaneous.

18.1 English Version. The English version of the Terms will be the version used
when interpreting or construing the Terms.

18.2 Notice to Adobe. You may send notices to us at the following address: Adobe
Inc., 345 Park Avenue, San Jose, California, 95110-2704, USA, Attention: General
Counsel.

18.3 Notice to You. We may notify you by your email or postal mail associated
with your account, postings within the Services, or other legally accepted
means. It is your responsibility to keep your account information current to
receive notifications.

18.4 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 assign or transfer our rights
under the Terms to a third party without your consent.

18.5 Government Terms. If you are a U.S. government entity, or if the Terms are
or become subject to the Federal Acquisition Regulations (FAR), then the
Services and Software, provided under the Terms are “Commercial Product(s) or
Commercial Service(s)”, as those terms are defined at 48 C.F.R. §2.101,
consisting of “Commercial Computer Software” and “Commercial Computer Software
Documentation,” and services related thereto, as such terms are used in 48
C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R.
§12.212 or 48 C.F.R. §227.7202-1 through §227.7202-4, as applicable, the
Commercial Computer Software and Commercial Computer Software Documentation are
licensed to U.S. Federal Government End Users (A) only as Commercial Products
and Services; and (B) with only those rights as are granted to all other end
users pursuant to the Terms. Unpublished rights are reserved under the laws of
the United States.

18.6 Headings. Headings used in the Terms are provided for convenience only and
will not be used to construe meaning or intent.

18.7 Severability. If any provision of the Terms is held invalid or
unenforceable for any reason, the remainder of the Terms will continue in full
force and effect and such provision shall be ineffective only to the extent of
such invalidity or unenforceability.

18.8 No Waiver. Our failure to enforce or exercise any provision of the Terms is
not a waiver of that provision.

18.9 Force Majeure. Neither party will be liable to the other for any delay or
failure to perform any obligation (other than your payment obligations to Adobe)
under the Terms if the delay or failure is due to unforeseen events, which occur
after the effectiveness of the Terms and which are beyond the reasonable control
of the parties, such as strikes, blockade, war, terrorism, riots, natural
disasters, refusal of license by the government or other governmental agencies,
in so far as such an event prevents or delays the affected party from fulfilling
its obligations and such party is not able to prevent or remove the force
majeure at reasonable cost.

19. DMCA

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.

Adobe Inc.: 345 Park Avenue, San Jose, California 95110-2704, USA.
Adobe Systems Software Ireland Limited: 4-6 Riverwalk, City West Business
Campus, Saggart,
Dublin 24, Republic of Ireland
Adobe_General_Terms_of_Use-en_US_20220919

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