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TERMS AND CONDITIONS APPLICABLE TO THE WORKS OF ADM
You are granted a nonexclusive, nontransferable, limited license to access and use the ADM works for the specific uses enumerated in these terms and conditions for personal non-commercial use only. All rights with respect to the ADM works not explicitly granted to you are reserved to ADM.
You may not use the ADM Works in any way that would or does: (1) derogate from ADM’s intellectual property rights in and to the ADM Works; (2) distort the meaning or cause otherwise non-defamatory, non-infringing content to defame or infringe the intellectual property rights of any person or violate any person’s personal proprietary or privacy rights; or (3) violate any applicable law, regulation or guideline in the relevant jurisdiction. Except as specifically authorized in writing by ADM, you may not sublicense, market, sell, or distribute the ADM Works or any subset thereof or offer to do so in any manner or medium.
All right, title, and interest in and to the ADM Works shall remain the property of ADM and/or its licensors, including without limitation any intellectual property rights which subsist in the ADM Works. You agree to comply with any instructions set out in any robots.txt files associated with the ADM Works, including any requirements with regard to your access and use of the ADM Works.
You agree not to remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the ADM Works, or impair or interfere with any copyright protection mechanisms, copyright management information systems, or digital identification devices employed by ADM in association with the ADM Works.
Nothing in these Terms and Conditions grants you any right to use any ADM trademark for any purpose. You may not use any ADM logo or other ADM trademark without signing an ADM trademark license agreement.
NO REPRESENTATIONS, WARRANTIES OR COVENANTS WITH RESPECT TO THE ADM WORKS ARE MADE BY ADM, ITS LICENSORS, AND OTHER CONTENT PROVIDERS. ADM AND ITS LICENSORS AND CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY (INCLUDING, WITHOUT LIMITATION, AS TO THE SEQUENCE, COMPLETENESS, TIMELINESS, ADEQUACY, ACCURACY AND/OR RELIABILITY OF THE ADM WORKS) OR FITNESS FOR ANY PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE ADM WORKS. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE ADM WORKS SHALL CREATE ANY WARRANTY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE ADM WORKS IS AT YOUR SOLE RISK AND THAT THE ADM WORKS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
ADM AND ITS LICENSORS AND OTHER CONTENT PROVIDERS SHALL NOT BE LIABLE IN ANY REGARD WITH RESPECT TO YOUR ACCESS TO, USE OF AND/OR RELIANCE ON THE ADM WORKS (WHETHER IN WHOLE OR IN PART), TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR ANY LOSS OF REVENUE, LOSS OF PROFITS OR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, SPECIAL OR OTHER DAMAGES WHETHER BASED ON TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHER LEGAL OR EQUITABLE LEGAL GROUNDS REGARDLESS OF WHETHER YOU OR ANY THIRD PARTY HAD ANY NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, hold harmless, and defend ADM, its directors, officers, employees, subsidiaries, licensors, and content providers, in respect of all damages, costs, and expenses, including reasonable legal fees and litigation expenses, arising out of or as a result of any breach of these Terms and Conditions or otherwise in connection with your use of the ADM Works.
If any provision in these Terms and Conditions is declared to be invalid or unenforceable in any respect by a court of law having jurisdiction to decide, then the invalid or unenforceable provision will be removed from the Terms and Conditions without affecting the rest of the terms, which will continue to be valid and enforceable, and a valid and enforceable provision that approximates the intent of the invalid or unenforceable provision as closely as possible shall be substituted for the invalid or unenforceable provision.
You agree that ADM is entitled to exercise all rights and seek all legal and equitable remedies available to it with respect to the ADM Works. You agree that ADM’s failure to exercise or enforce any legal right or remedy in these Terms and Conditions shall not constitute a waiver of these rights and remedies by ADM. Notwithstanding any choice of law, venue, or jurisdiction provisions in association with the website or digital service through which you accessed these Terms and Conditions, these Terms and Conditions shall be governed by, construed, and take effect in accordance with the laws of the State of Texas, and jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively with the state and federal courts situated in Dallas, Texas and all such claims shall be adjudicated under Texas law, without reference to its conflict of law principles.
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