terms of use for extensions obtained from Adobe's creative cloud marketplace
These terms apply to all extensions to Adobe’s Creative Cloud applications developed by Martin Bailey and obtained directly or indirectly through Adobe System’s Creative Cloud Marketplace or Adobe Exchange.
Separate terms apply to software downloaded from Martin Bailey’s web site or provided to you directly by Martin Bailey.
Continued use of an extension obtained from Adobe’s Creative Cloud Marketplace constitutes acceptance of these terms.
Please read these terms and conditions carefully before using the software.
These Terms of Use were last updated on 27 Oct 2024.
DEFINITIONS
For the purposes of these Terms of Use:
Adobe means Adobe Systems, Inc.
Extensions means digital products designed to be used with the Creative Cloud applications including plugins, scripts, actions, overlays, textures, etc.
Licensor means the creator of the software, Martin Bailey.
Marketplace means The Adobe Creative Cloud Marketplace and Adobe Exchange.
Software means the extensions and all associated product, including documentation, sample files etc.
You, Your means the user of the software.
ACKNOWLEDGEMENT
These are the Terms of Use governing the use of the software and the agreement that operates between you and licensor. These Terms of Use set out the rights and obligations of all users regarding the use of the software.
Your access to and use of the software is conditioned on your acceptance of and compliance with these Terms of Use.
By accessing or using the software you agree to be bound by these Terms of Use. If you disagree with any part of these Terms of Use then you may not use the software.
LICENCE
You may only use the extension if you:
- obtained it directly through the marketplace; and
- have a valid licence obtained from Adobe for the use of the Creative Cloud products with which the software will be used; and
- have a valid licence obtained from Adobe for the extension.
A single licence for the extension obtained from the marketplace may only be used with one Adobe Creative Cloud licence.
You may not distribute any part of the software to any other party except where explicitly allowed on licensor’s web pages or documentation for that software.
INTELLECTUAL PROPERTY
All software is Copyright licensor. The names of all extensions are trademarks of licensor. All will remain the exclusive property of Licensor.
You may not remove, obscure, or alter any proprietary notice related to the software.
You may not reverse engineer, disassemble, or decompile all or any portion of, or attempt to discover or recreate the source code for the software. You may not alter or create any derivative work based upon the software
SALES ADMINISTRATION AND LICENCE MANAGEMENT
Sales administration and licence management for the software is performed by Adobe. Licensor has no insight into, control over or access to make changes to any sales and licences for the product. You must approach Adobe if you require changes such as refunds or transfers. Terms for any changes are set by Adobe.
Some extensions, such as plugins, will be automatically installed to your computer when purchased from the marketplace. If any problems arise from that installation, you must review Adobe’s help documentation and/or raise the issue with Adobe. Licensor cannot help in these cases. Licensor will include instructions for installation for software that is not intended to be automatically installed from the marketplace.
LIMITATION OF LIABILITY
Notwithstanding any damages that you might incur, the entire liability of licensor under any provision of these terms and your exclusive remedy shall be limited to the amount actually paid by you through Adobe for the licence for the extension.
To the maximum extent permitted by applicable law, in no event shall licensor be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the software, or otherwise in connection with any provision of these terms), even if licensor has been advised of the possibility of such damages and even if the software fails of its essential purpose.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
"AS IS" AND "AS AVAILABLE" DISCLAIMER
Licensor makes best efforts to ensure that the software is suitable for the purpose for which it is advertised, but …
The software is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, licensor expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the software, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, licensor provides no warranty or undertaking, and makes no representation of any kind that the software will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, licensor makes no representation or warranty of any kind, express or implied: (i) as to the operation or availability of the software, or the information, content, and materials or products included therein, (ii) that the software, licensor’s web site or e-mails sent from or on behalf of licensor are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
GOVERNING LAW
The laws of the England and Wales, excluding its conflicts of law rules, shall govern these Terms and your use of the software. Your use of the software may also be subject to other local, state, national, or international laws.
DISPUTES RESOLUTION
If you have any concern or dispute about the software, you agree to first try to resolve the dispute informally by contacting licensor.
SEVERABILITY
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
CHANGES TO THSE TERMS OF USE
Licensor reserves the right, at licensor’s sole discretion, to modify or replace these Terms at any time. If a revision is material licensor will make reasonable efforts to provide at least 30 days' notice on licensor’s web pages prior to any new terms taking effect. What constitutes a material change will be determined at licensor’s sole discretion.
By continuing to access or use Our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
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