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LinkedIn Learning Exercise Files License Agreement |
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================================================== |
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This License Agreement (the "Agreement") is a binding legal agreement |
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between you (as an individual or entity, as applicable) and LinkedIn |
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Corporation (“LinkedIn”). By downloading or using the LinkedIn Learning |
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exercise files in this repository (“Licensed Materials”), you agree to |
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be bound by the terms of this Agreement. If you do not agree to these |
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terms, do not download or use the Licensed Materials. |
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1. License. |
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- a. Subject to the terms of this Agreement, LinkedIn hereby grants LinkedIn |
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members during their LinkedIn Learning subscription a non-exclusive, |
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non-transferable copyright license, for internal use only, to 1) make a |
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reasonable number of copies of the Licensed Materials, and 2) make |
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derivative works of the Licensed Materials for the sole purpose of |
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practicing skills taught in LinkedIn Learning courses. |
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- b. Distribution. Unless otherwise noted in the Licensed Materials, subject |
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to the terms of this Agreement, LinkedIn hereby grants LinkedIn members |
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with a LinkedIn Learning subscription a non-exclusive, non-transferable |
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copyright license to distribute the Licensed Materials, except the |
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Licensed Materials may not be included in any product or service (or |
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otherwise used) to instruct or educate others. |
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2. Restrictions and Intellectual Property. |
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- a. You may not to use, modify, copy, make derivative works of, publish, |
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distribute, rent, lease, sell, sublicense, assign or otherwise transfer the |
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Licensed Materials, except as expressly set forth above in Section 1. |
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- b. Linkedin (and its licensors) retains its intellectual property rights |
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in the Licensed Materials. Except as expressly set forth in Section 1, |
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LinkedIn grants no licenses. |
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- c. You indemnify LinkedIn and its licensors and affiliates for i) any |
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alleged infringement or misappropriation of any intellectual property rights |
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of any third party based on modifications you make to the Licensed Materials, |
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ii) any claims arising from your use or distribution of all or part of the |
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Licensed Materials and iii) a breach of this Agreement. You will defend, hold |
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harmless, and indemnify LinkedIn and its affiliates (and our and their |
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respective employees, shareholders, and directors) from any claim or action |
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brought by a third party, including all damages, liabilities, costs and |
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expenses, including reasonable attorneys’ fees, to the extent resulting from, |
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alleged to have resulted from, or in connection with: (a) your breach of your |
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obligations herein; or (b) your use or distribution of any Licensed Materials. |
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3. Open source. This code may include open source software, which may be |
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subject to other license terms as provided in the files. |
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4. Warranty Disclaimer. LINKEDIN PROVIDES THE LICENSED MATERIALS ON AN “AS IS” |
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AND “AS AVAILABLE” BASIS. LINKEDIN MAKES NO REPRESENTATION OR WARRANTY, |
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WHETHER EXPRESS OR IMPLIED, ABOUT THE LICENSED MATERIALS, INCLUDING ANY |
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REPRESENTATION THAT THE LICENSED MATERIALS WILL BE FREE OF ERRORS, BUGS OR |
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INTERRUPTIONS, OR THAT THE LICENSED MATERIALS ARE ACCURATE, COMPLETE OR |
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OTHERWISE VALID. TO THE FULLEST EXTENT PERMITTED BY LAW, LINKEDIN AND ITS |
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AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY OR CONDITION, INCLUDING |
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ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A |
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PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. |
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YOUR USE OF THE LICENSED MATERIALS IS AT YOUR OWN DISCRETION AND RISK, AND |
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YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM USE OF THE |
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LICENSED MATERIALS TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. NO ADVICE OR |
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INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR |
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FROM THE LICENSED MATERIALS WILL CREATE ANY WARRANTY OR CONDITION NOT |
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EXPRESSLY STATED IN THESE TERMS. |
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5. Limitation of Liability. LINKEDIN SHALL NOT BE LIABLE FOR ANY INDIRECT, |
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INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING |
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BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER |
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INTANGIBLE LOSSES . IN NO EVENT WILL LINKEDIN'S AGGREGATE LIABILITY TO YOU |
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EXCEED $100. THIS LIMITATION OF LIABILITY SHALL: |
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- i. APPLY REGARDLESS OF WHETHER (A) YOU BASE YOUR CLAIM ON CONTRACT, TORT, |
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STATUTE, OR ANY OTHER LEGAL THEORY, (B) WE KNEW OR SHOULD HAVE KNOWN ABOUT |
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THE POSSIBILITY OF SUCH DAMAGES, OR (C) THE LIMITED REMEDIES PROVIDED IN THIS |
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SECTION FAIL OF THEIR ESSENTIAL PURPOSE; AND |
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- ii. NOT APPLY TO ANY DAMAGE THAT LINKEDIN MAY CAUSE YOU INTENTIONALLY OR |
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KNOWINGLY IN VIOLATION OF THESE TERMS OR APPLICABLE LAW, OR AS OTHERWISE |
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MANDATED BY APPLICABLE LAW THAT CANNOT BE DISCLAIMED IN THESE TERMS. |
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6. Termination. This Agreement automatically terminates upon your breach of |
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this Agreement or termination of your LinkedIn Learning subscription. On |
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termination, all licenses granted under this Agreement will terminate |
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immediately and you will delete the Licensed Materials. Sections 2-7 of this |
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Agreement survive any termination of this Agreement. LinkedIn may discontinue |
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the availability of some or all of the Licensed Materials at any time for any |
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reason. |
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7. Miscellaneous. This Agreement will be governed by and construed in |
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accordance with the laws of the State of California without regard to conflict |
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of laws principles. The exclusive forum for any disputes arising out of or |
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relating to this Agreement shall be an appropriate federal or state court |
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sitting in the County of Santa Clara, State of California. If LinkedIn does |
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not act to enforce a breach of this Agreement, that does not mean that |
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LinkedIn has waived its right to enforce this Agreement. The Agreement does |
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not create a partnership, agency relationship, or joint venture between the |
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parties. Neither party has the power or authority to bind the other or to |
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create any obligation or responsibility on behalf of the other. You may not, |
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without LinkedIn’s prior written consent, assign or delegate any rights or |
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obligations under these terms, including in connection with a change of |
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control. Any purported assignment and delegation shall be ineffective. The |
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Agreement shall bind and inure to the benefit of the parties, their respective |
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successors and permitted assigns. If any provision of the Agreement is |
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unenforceable, that provision will be modified to render it enforceable to the |
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extent possible to give effect to the parties’ intentions and the remaining |
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provisions will not be affected. This Agreement is the only agreement between |
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you and LinkedIn regarding the Licensed Materials, and supersedes all prior |
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agreements relating to the Licensed Materials. |
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Last Updated: March 2019 |