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