| LinkedIn Learning Exercise Files License Agreement |
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| 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. |
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|
| 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. |
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| 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. |
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| 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. |
|
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| 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. |
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| Last Updated: March 2019 |
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