Adobe General Terms of Use

DATED 2018-06-05 · VERSION 20191001_rev01 · COMPARED WITH 20181101_rev01 · ARCHIVE SNAPSHOT

Full text changes — 20181101_rev01 to 20191001_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

+Last updated June 5, 2018. Replaces all prior versions.
+These General Terms of Use ("**General Terms**"), along with any applicable Additional Terms (see section 1.2 below) and the Subscription and Cancellation terms (collectively "**Terms**") govern your use of our website, customer support, and services such as Creative Cloud (collectively **"Services"**) and software that we include as part of the Services, as well as any applications, Sample Files and Content Files (defined below), scripts, source code, instruction sets, and related documentation (collectively **"Software"**). If you have entered into another agreement with us concerning specific Services or Software, then the terms of that agreement control where it conflicts with the Terms. **As discussed more in section 4 below, you retain all rights and ownership you have in your Content (defined below).**
+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, but only after obtaining express parental consent.
+\. Your Agreement with Adobe.
+.1 **Choice of Law and Contracting Entity. If you reside in North America (inclusive of United States, Canada, and Mexico), your relationship is with Adobe Inc., a United States company, and the Terms are governed by the law of California, U.S.A. If you reside outside of North America, your relationship is with Adobe Systems Software Ireland Limited, and the Terms are governed by the law of Ireland.** 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 the law. We do not seek to limit those rights where it is prohibited to do so by law.
+.2 **Additional Terms**. Our Services and Software are licensed, not sold, to you, and may also 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 that Service or Software. The Additional Terms are subject to change.
 \. Privacy.
 .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).
 .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).
 .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.**
 .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.**
 \. Limitation of Liability.
+.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.**
+.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.**
 .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.**
 .3 **The limitations and exclusions in this section 10 apply to the maximum extent permitted by law.**
 \. Termination.
 .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.
 .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:
 (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 or Software, if any;
+(b) you fail to make the timely payment of fees for the Services or Software, if any
 (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;
 (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);
 (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);