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| 1 | +LinkedIn Learning Exercise Files License Agreement |
| 2 | +================================================== |
| 3 | + |
| 4 | +This License Agreement (the "Agreement") is a binding legal agreement |
| 5 | +between you (as an individual or entity, as applicable) and LinkedIn |
| 6 | +Corporation (“LinkedIn”). By downloading or using the LinkedIn Learning |
| 7 | +exercise files in this repository (“Licensed Materials”), you agree to |
| 8 | +be bound by the terms of this Agreement. If you do not agree to these |
| 9 | +terms, do not download or use the Licensed Materials. |
| 10 | + |
| 11 | +1. License. |
| 12 | +- a. Subject to the terms of this Agreement, LinkedIn hereby grants LinkedIn |
| 13 | +members during their LinkedIn Learning subscription a non-exclusive, |
| 14 | +non-transferable copyright license, for internal use only, to 1) make a |
| 15 | +reasonable number of copies of the Licensed Materials, and 2) make |
| 16 | +derivative works of the Licensed Materials for the sole purpose of |
| 17 | +practicing skills taught in LinkedIn Learning courses. |
| 18 | +- b. Distribution. Unless otherwise noted in the Licensed Materials, subject |
| 19 | +to the terms of this Agreement, LinkedIn hereby grants LinkedIn members |
| 20 | +with a LinkedIn Learning subscription a non-exclusive, non-transferable |
| 21 | +copyright license to distribute the Licensed Materials, except the |
| 22 | +Licensed Materials may not be included in any product or service (or |
| 23 | +otherwise used) to instruct or educate others. |
| 24 | + |
| 25 | +2. Restrictions and Intellectual Property. |
| 26 | +- a. You may not to use, modify, copy, make derivative works of, publish, |
| 27 | +distribute, rent, lease, sell, sublicense, assign or otherwise transfer the |
| 28 | +Licensed Materials, except as expressly set forth above in Section 1. |
| 29 | +- b. Linkedin (and its licensors) retains its intellectual property rights |
| 30 | +in the Licensed Materials. Except as expressly set forth in Section 1, |
| 31 | +LinkedIn grants no licenses. |
| 32 | +- c. You indemnify LinkedIn and its licensors and affiliates for i) any |
| 33 | +alleged infringement or misappropriation of any intellectual property rights |
| 34 | +of any third party based on modifications you make to the Licensed Materials, |
| 35 | +ii) any claims arising from your use or distribution of all or part of the |
| 36 | +Licensed Materials and iii) a breach of this Agreement. You will defend, hold |
| 37 | +harmless, and indemnify LinkedIn and its affiliates (and our and their |
| 38 | +respective employees, shareholders, and directors) from any claim or action |
| 39 | +brought by a third party, including all damages, liabilities, costs and |
| 40 | +expenses, including reasonable attorneys’ fees, to the extent resulting from, |
| 41 | +alleged to have resulted from, or in connection with: (a) your breach of your |
| 42 | +obligations herein; or (b) your use or distribution of any Licensed Materials. |
| 43 | + |
| 44 | +3. Open source. This code may include open source software, which may be |
| 45 | +subject to other license terms as provided in the files. |
| 46 | + |
| 47 | +4. Warranty Disclaimer. LINKEDIN PROVIDES THE LICENSED MATERIALS ON AN “AS IS” |
| 48 | +AND “AS AVAILABLE” BASIS. LINKEDIN MAKES NO REPRESENTATION OR WARRANTY, |
| 49 | +WHETHER EXPRESS OR IMPLIED, ABOUT THE LICENSED MATERIALS, INCLUDING ANY |
| 50 | +REPRESENTATION THAT THE LICENSED MATERIALS WILL BE FREE OF ERRORS, BUGS OR |
| 51 | +INTERRUPTIONS, OR THAT THE LICENSED MATERIALS ARE ACCURATE, COMPLETE OR |
| 52 | +OTHERWISE VALID. TO THE FULLEST EXTENT PERMITTED BY LAW, LINKEDIN AND ITS |
| 53 | +AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY OR CONDITION, INCLUDING |
| 54 | +ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A |
| 55 | +PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. |
| 56 | +YOUR USE OF THE LICENSED MATERIALS IS AT YOUR OWN DISCRETION AND RISK, AND |
| 57 | +YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM USE OF THE |
| 58 | +LICENSED MATERIALS TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. NO ADVICE OR |
| 59 | +INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR |
| 60 | +FROM THE LICENSED MATERIALS WILL CREATE ANY WARRANTY OR CONDITION NOT |
| 61 | +EXPRESSLY STATED IN THESE TERMS. |
| 62 | + |
| 63 | +5. Limitation of Liability. LINKEDIN SHALL NOT BE LIABLE FOR ANY INDIRECT, |
| 64 | +INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING |
| 65 | +BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER |
| 66 | +INTANGIBLE LOSSES . IN NO EVENT WILL LINKEDIN'S AGGREGATE LIABILITY TO YOU |
| 67 | +EXCEED $100. THIS LIMITATION OF LIABILITY SHALL: |
| 68 | +- i. APPLY REGARDLESS OF WHETHER (A) YOU BASE YOUR CLAIM ON CONTRACT, TORT, |
| 69 | +STATUTE, OR ANY OTHER LEGAL THEORY, (B) WE KNEW OR SHOULD HAVE KNOWN ABOUT |
| 70 | +THE POSSIBILITY OF SUCH DAMAGES, OR (C) THE LIMITED REMEDIES PROVIDED IN THIS |
| 71 | +SECTION FAIL OF THEIR ESSENTIAL PURPOSE; AND |
| 72 | +- ii. NOT APPLY TO ANY DAMAGE THAT LINKEDIN MAY CAUSE YOU INTENTIONALLY OR |
| 73 | +KNOWINGLY IN VIOLATION OF THESE TERMS OR APPLICABLE LAW, OR AS OTHERWISE |
| 74 | +MANDATED BY APPLICABLE LAW THAT CANNOT BE DISCLAIMED IN THESE TERMS. |
| 75 | + |
| 76 | +6. Termination. This Agreement automatically terminates upon your breach of |
| 77 | +this Agreement or termination of your LinkedIn Learning subscription. On |
| 78 | +termination, all licenses granted under this Agreement will terminate |
| 79 | +immediately and you will delete the Licensed Materials. Sections 2-7 of this |
| 80 | +Agreement survive any termination of this Agreement. LinkedIn may discontinue |
| 81 | +the availability of some or all of the Licensed Materials at any time for any |
| 82 | +reason. |
| 83 | + |
| 84 | +7. Miscellaneous. This Agreement will be governed by and construed in |
| 85 | +accordance with the laws of the State of California without regard to conflict |
| 86 | +of laws principles. The exclusive forum for any disputes arising out of or |
| 87 | +relating to this Agreement shall be an appropriate federal or state court |
| 88 | +sitting in the County of Santa Clara, State of California. If LinkedIn does |
| 89 | +not act to enforce a breach of this Agreement, that does not mean that |
| 90 | +LinkedIn has waived its right to enforce this Agreement. The Agreement does |
| 91 | +not create a partnership, agency relationship, or joint venture between the |
| 92 | +parties. Neither party has the power or authority to bind the other or to |
| 93 | +create any obligation or responsibility on behalf of the other. You may not, |
| 94 | +without LinkedIn’s prior written consent, assign or delegate any rights or |
| 95 | +obligations under these terms, including in connection with a change of |
| 96 | +control. Any purported assignment and delegation shall be ineffective. The |
| 97 | +Agreement shall bind and inure to the benefit of the parties, their respective |
| 98 | +successors and permitted assigns. If any provision of the Agreement is |
| 99 | +unenforceable, that provision will be modified to render it enforceable to the |
| 100 | +extent possible to give effect to the parties’ intentions and the remaining |
| 101 | +provisions will not be affected. This Agreement is the only agreement between |
| 102 | +you and LinkedIn regarding the Licensed Materials, and supersedes all prior |
| 103 | +agreements relating to the Licensed Materials. |
| 104 | + |
| 105 | +Last Updated: March 2019 |
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