3.1 Licence. Subject to your compliance with the Terms and applicable law, we hereby grant you a non-exclusive, limited, revocable right (as set forth herein) for you to install, access and use the Services and Software that we make available to you and that you license from us. Each licence is to be used by only one (1) person and cannot be shared. At the end of your licence term, your licence(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: https://www.adobe.com/go/software-support-guidelines. 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 dependant 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 licence 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 licence 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 licence 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 is illegal or that you find offensive or upsetting. We bear no responsibility for such user-generated content. If available, you may also click the “Report” button to report this content to us. You may learn more about our content moderation policies and practices, including how to report content to us at our Transparency Centre.
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 licences (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 licence 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, Complimentary Services, Offers and Trials. Adobe may provide free memberships, Complimentary Services, offers and trial subscriptions in its sole discretion. If access to the Services and Software is provided to you for free, Complimentary Services or for trial purposes, such access is governed by the Terms. At any time prior to or during the free, Complimentary Services or trial period, Adobe may, in its sole discretion, terminate that 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, Complimentary Services or trial access. After the free, Complimentary Services 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, Complimentary Services 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 customised 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-optimisation 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 haven't got 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: http://www.adobe.com/go/cc-fonts-faq.
(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 Licence 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 analyse your Content, including manual review, to improve our Services and Software and to personalise 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 analysed, you must discontinue your use of the Beta Version by uninstalling such Beta Version or utilising 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 at 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 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.