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LICENSE
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RESEARCH LICENSE
This license agreement (the “License”) between Adobe Inc., having a place of business at 345 Park Avenue, San Jose, California 95110-2704 (“Adobe”), the Massachusetts Institute of Technology, having a principal office at 77 Massachusetts Avenue, Cambridge, MA 02139-4307 (“MIT”), 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 and MIT (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.
1. GRANT OF LICENSE.
1.1 Each of Adobe and MIT grant you a nonexclusive, worldwide, royalty-free, revocable, fully paid-up license to (A) reproduce, use, modify, and publicly display the Licensed Materials solely for noncommercial research purposes; and (B) redistribute the Licensed Materials, and modifications or derivative works thereof, solely for noncommercial research purposes, provided that you give recipients to whom you redistribute the Licensed Materials, modifications, or derivative works thereof a copy of this License.
1.2 You may add your own copyright statement to your modifications of the Licensed Materials and you may provide additional or different license terms for use, reproduction, modification, public display, and redistribution of your modifications and derivative works of the Licensed Materials, provided that such license terms limit the use, reproduction, modification, public display, and redistribution of such modifications and derivative works solely to noncommercial research purposes.
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.
2. OWNERSHIP AND ATTRIBUTION. Each of Adobe, MIT, and their respective licensors own all right, title, and interest in and to the Licensed Materials. You must keep intact any copyright or other notices or disclaimers in the Licensed Materials.
3. NO SUPPORT. For clarity, this License does not entitle you to any maintenance, support, or training for the Licensed Materials or to any updates or upgrades to the Licensed Materials.
4. 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. EACH OF ADOBE AND MIT HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, WITH REGARD TO ANY LICENSED MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, THE ABSENCE OF LATENT OR OTHER DEFECTS OF THE LICENSED MATERIALS, WHETHER OR NOT DISCOVERABLE, AND ANY WARRANTY OF ANY KIND THAT THE LICENSED MATERIALS, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET LICENSEE’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE UNINTERRUPTED, SECURE, ACCURATE, COMPLETE, OR FREE OF ERROR OR HARMFUL CODE.
5. LIMITATION OF LIABILITY. IN NO EVENT WILL ADOBE OR MIT BE LIABLE UNDER OR IN CONNECTION WITH THIS LICENSE FOR ANY ACTUAL, INCIDENTAL, INDIRECT, 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, EVEN IF ADOBE OR MIT HAS BEEN ADVISED OF, HAD OTHER REASON TO KNOW OF, OR IN FACT DID KNOW OF THE POSSIBILITY OF SUCH DAMAGES.
6. TERM AND TERMINATION.
6.1 The License is effective upon acceptance by you and will remain in effect unless terminated earlier as permitted under this License’s express provisions.
6.2 If you breach any material provision of this License, then the License and your rights hereunder will terminate immediately.
6.3 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, 4, 5 and 6.3 will survive termination of this License.