Adobe Experience Manager Cloud Management

Your Web platform made fast and easy!

Adobe Experience Manager (AEM) Cloud Management is a cloud service enabling digital marketers to reduce the time and cost to provision, manage and meter AEM solutions supporting their digital marketing initiatives. Now, you can launch your campaigns on Experience Manager in no time!

Sign-in now using your Adobe ID

Terms of Service

ADOBE® EXPERIENCE MANAGER CLOUD MANAGEMENT TERMS OF SERVICE

NOTICE TO USER: THIS AGREEMENT GOVERNS INSTALLATION AND USE BY CUSTOMERS OF THE ONDEMAND SERVICES DESCRIBED HEREIN. CUSTOMER AGREES THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY CUSTOMER, BY CLICKING TO ACKNOWLEDGE THESE TERMS OF SERVICE, CUSTOMER AGREES TO BE BOUND DURING REVIEW OF AN ELECTRONIC VERSION OF THIS LICENSE OR USING THE ONDEMAND SERVICES, CUSTOMER ACCEPTS ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE AGREEMENT IS ENFORCEABLE AGAINST ANY PERSON OR ENTITY THAT USES THE ONDEMAND SERVICES AND ANY PERSON OR ENTITY (E.G., SYSTEM INTEGRATOR, CONSULTANT OR CONTRACTOR) THAT USES THE ONDEMAND SERVICES ON ANOTHER PERSON’S OR ENTITY’S BEHALF.

CUSTOMER’S RIGHTS UNDER THIS AGREEMENT MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS IN A SEPARATE WRITTEN AGREEMENT WITH ADOBE THAT SUPPLEMENTS OR SUPERSEDES ALL OR PORTIONS OF THIS AGREEMENT.

1. Definitions

1.1. Adobe: means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose, California 95110. /p>

1.2. Adobe Technology : means Adobe’s technology, including software tools, hardware designs, algorithms, software (in source and object forms), user interface designs, architecture, class libraries, toolkits, plug- ins (i.e.. software components that add specific functionality to a larger software application), objects and documentation (both printed and electronic), network designs, processes, know-how, methodologies, trade secrets and any related intellectual property rights throughout the world (whether owned by Adobe, a subsidiary or affiliate of Adobe, or licensed to Adobe by a third party) and also including any derivatives, modifications, improvements, enhancements or extensions thereto, regardless of when developed. Adobe Technology includes third party licensed materials incorporated into Adobe Technology.

1.3. Affiliates: means any corporation, company or other entity in which more than fifty percent (50%) of the voting shares or outstanding capital stock are owned or controlled, directly or indirectly, by a Party.

1.4. Agreement: means any terms incorporated therein by reference including these Terms of Service (collectively with any exhibits and attachments).

1.5. Confidential Information : means any information that is clearly identified in writing as confidential at the time of disclosure, and any written or oral information that, based on the circumstances under which it was disclosed, a reasonable person would believe to be confidential. Such Confidential Information includes, but is not limited to, terms of this Agreement, customer data, product proposals, technological processes, product forecasts, trade secrets, pre-publication patent applications, product designs, license key, pricing information and rate cards, software and system designs, functionalities, know-how, technology specifications, source code, object code, graphic designs, report templates, proprietary financial documents and information, and personnel and sales information. Confidential Information also includes all copies, summaries and extracts of any Confidential Information. The disclosing Party's Confidential Information shall not include information that (i) is or becomes a part of the public domain through no act or omission of the receiving Party; (ii) was rightfully in the receiving Party's possession prior to the disclosure and had not been obtained by the receiving Party either directly or indirectly from the disclosing Party; (iii) is rightfully disclosed to the receiving Party by a third party without restriction on disclosure; or (iv) is independently developed by the receiving Party without use of or reference to the disclosing Party's Confidential Information.

1.6. Customer: means the individual, entity or entities clicking and accepting the terms of this Agreement.

1.7. Customer Data: means (i) any and all data and information collected from the Customer necessary to access Customer’s third party hosting provider, or (ii) any and all data and information that the Customer chooses to import from Customer’s internal data stores or other sources not supplied by Adobe into the OnDemand Services.

1.8. Effective Date : means the date this Agreement is accepted by Customer.

1.9. OnDemand Services: means the hosted enterprise solution, Adobe Experience Manager Cloud Management.

1.10. Party: means Adobe or Customer as applicable.

1.11. Reports: means all graphical or numerical displays of Customer Data generated by the OnDemand Services which contain Adobe’s proprietary design, look, and feel.

2. License

2.1. License Grant from Adobe. Subject to the terms of this Agreement, Adobe grants to Customer, during the License Term, the nontransferable, nonexclusive, worldwide limited right to (i) permit Customer’s employees, or authorized agents acting on its behalf to access the OnDemand Services through the applicable interface(s); and (ii) use and distribute Reports internally. This license grant is provided solely in connection with OnDemand Services and for Customer's own internal business operations, and nothing in this section grants any express or implied license to use, distribute, modify, copy, link, or translate the OnDemand Services other than in connection with the Customer’s internal business use of the OnDemand Services.

2.2. License Restrictions. Customer agrees not to (i) copy, use, reproduce, distribute, republish, download, display, post or transmit in any form or by any means the OnDemand Services, or Reports, except as expressly stated herein; (ii) sell, rent, lease, host, or sublicense the OnDemand Services or the Reports; (iii) make Customer’s login ID’s or passwords available to any third-party, unless expressly permitted herein; (iv) use, modify, copy, link, translate, or reverse engineer the OnDemand Services to enhance or enable usage of any unauthorized third party product or service; (v) remove, obscure, or alter any proprietary notices associated with the OnDemand Services or Reports; (vi) use the OnDemand Services or Reports in violation of applicable laws (including but not limited to use on websites that contain unlawful material such as material that violates applicable obscenity, defamation, harassment, privacy, or intellectual property laws).

2.3. License Grant from Customer. Customer grants to Adobe and its Affiliates, during the License Term, the non-exclusive, worldwide, royalty-free, limited right to use, copy, transmit, index, store and/or display Customer Data solely to the extent necessary to provide the OnDemand Services and Reports to Customer and to enforce its rights set forth hereunder.

3. Term and Termination.

3.1. License Term. The provisions of this Agreement apply to OnDemand Services beginning upon the Effective Date of the Agreement and continuing through termination of the Agreement by either Party, pursuant to Section 3.2 below.

3.2. Termination for Convenience. Either Party may terminate this Agreement for any reason, at any time by providing notice to the other Party.

3.3. Survival. All provisions of this Agreement which by their nature must survive termination in order to achieve the fundamental purposes of this Agreement shall survive any termination or expiration of this Agreement.

4. Intellectual Property

4.1. Ownership. Adobe and its third party suppliers, as applicable, retain all right, title and interest in and to the intellectual property rights embodied within the Adobe Technology. Adobe reserves all rights not expressly granted to Customer herein, and Customer shall not limit Adobe in any way from developing, using, licensing, distributing, modifying, or otherwise freely exploiting the Adobe Technology.

4.2. No Modifications. No reverse engineering. Customer shall not modify, port, adapt or translate the OnDemand Services. Customer shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the OnDemand Services.

4.3. Customer Ownership. Customer owns all right, title and interest in and to all Customer Data; subject to Adobe’s underlying intellectual property rights in, and to, the OnDemand Services, Adobe Technology, and Reports.

5. OnDemand Services Disclaimer of Warranty; Remedies

5.1. Disclaimer. Adobe does not warrant that Customer’s use of the OnDemand Services will be uninterrupted or error-free, nor does Adobe warrant that it will preserve or maintain the Customer Data without loss.

5.2. Sole and Exclusive Remedies. THE CUSTOMER’S EXCLUSIVE REMEDY FOR UNCURED BREACH OF ANY WARRANTY IS TO PROVIDE REPLACEMENT DISTRIBUTED CODE, OR TERMINATE THE APPLICABLE ONDEMAND SERVICE(S). IF ANY WARRANTY REMEDY IS HELD TO FAIL OF ITS ESSENTIAL PURPOSE, THE LIMITATION OF LIABILITY HEREIN SHALL BE ENFORCED TO THE FULLEST EXTENT PERMITTED BY LAW. ANY WARRANTY CLAIM SHALL NOT APPLY UNLESS CUSTOMER MAKES A CLAIM WITHIN THIRTY (30) DAYS OF THE DATE ON WHICH THE CONDITION GIVING RISE TO THE CLAIM FIRST APPEARED.

5.3. Third Party Software Notices. In order to accommodate public demand for software that is interoperable with other products and platforms, Adobe, like other commercial software publishers, has designed its products to comply with public standards, and has incorporated code created and licensed by third parties, into its products. The creators of these public standards and publicly available code, as well as other third party licensors, require that certain notices and terms and conditions be passed through to the end users of the software. Such required third party software notices and/or additional terms and conditions are located at www.adobe.com/products/eula/third_party/index.html (or a successor website thereto) and are made a part of and incorporated by reference into this Agreement. Customer acknowledges and agrees that Adobe’s licensors (and/or Adobe if Customer obtained the OnDemand Services from any party other than Adobe) are third party beneficiaries of this Agreement, with the right to enforce the obligations set forth herein with respect to the respective technology of such licensors and/or Adobe.

6. Availability

6.1. Adobe Experience Manager (AEM) Cloud Management. AEM Cloud Management allows Customer to set up a “AEM cloud” on a third- party cloud Infrastructure-as-a-Service. Each AEM cloud is a dedicated environment setup as a AEM Web Content Management (WCM) platform for creating end-to-end Digital Marketing solutions. Customer can manage each AEM cloud separately using the start, pause, stop, and scale control buttons. Additionally, Customer has the option to enable automatic backups for any of its AEM clouds and restore them on-demand from a list of online backups.

6.2. Availability of the AEM Cloud Management. Adobe uses reasonable efforts to make the AEM Cloud Management available 24 hours a day, 7 days a week. However, there will be occasions when the AEM Cloud Management will be interrupted for maintenance, upgrades and repairs, or as a result of failure of telecommunications links and equipment that are beyond Adobe's control. Adobe will take reasonable steps to minimize such disruption, to the extent it is within Adobe's reasonable control. The AEM Cloud Management may not be available in all languages.

6.3. Availability of AEM clouds. Adobe does not provide any service level agreement for AEM clouds started by Customer nor any type of managed services such as monitoring, updates, upgrades, maintenance or support. Any action taken on AEM clouds by the Customer using AEM Cloud Management or by logging in directly to AEM instances and making changes is the responsibility of the Customer and therefore Adobe will not be liable for any damage that could result on the Customer AEM clouds.

6.4. Availability of the Support Forums. Adobe may make available from time to time forums on which you may seek help regarding your use of the AEM Cloud Management. Such forums may not be available in all languages.

7. Confidentiality

7.1. No Use or Disclosure. The Parties agree to use commercially reasonable care (but in no case less care than it uses to protect its own Confidential Information) to prevent the disclosure of the disclosing Party's Confidential Information to any third party and will only use the disclosing Party’s Confidential Information to fulfill its specific obligations set forth herein. Notwithstanding the foregoing, Customer may disclose Adobe’s Confidential Information to employees or agents of Customer with a need to know and Adobe may disclose Customer's Confidential Information to its third party suppliers solely to the extent necessary to perform Adobe’s obligations under this Agreement; provided that in either case, the disclosing Party is required to have a non-disclosure agreement in place with third parties that protects Confidential Information against disclosure in a manner no less protective than this Agreement. Adobe may maintain archived copies of any audit results.

7.2. Required Disclosure. This Confidentiality section will not be construed to prohibit disclosure of Confidential Information to the extent that such disclosure is required by law or pursuant to a valid order of a court or other governmental authority (“Disclosure Order”); provided, however, that a Party in receipt of a Disclosure Order (the “responding party”) shall first have given, unless prohibited by law, sufficient and prompt written notice to the disclosing Party of the receipt of any Disclosure Order; and shall have made a reasonable effort to minimize such disclosure, including, in relevant cases obtaining a protective order requiring that the Confidential Information so disclosed be used only for the purposes for which the order was issued. Notwithstanding the foregoing obligation of the responding party, nothing in this Confidentiality section shall limit or restrict the ability of the disclosing Party to act on its own behalf and at its own expense to prevent or limit the required disclosure of Confidential Information.

8. Indemnification

8.1. Adobe’s Duty to Indemnify. Adobe shall defend any Claim against Customer, subject to the limitations set forth below, and during the applicable License Term, to the extent such Claim alleges that the OnDemand Services directly infringe any patent, copyright, or trademark, or misappropriates a trade secret of a third party. Adobe shall pay the Customer the damages, costs, and expenses (including reasonable legal fees) finally awarded by a court of competent jurisdiction against Customer, or agreed to in a written settlement agreement signed by Adobe, directly attributable to a Claim. Notwithstanding the foregoing, Adobe shall have no defense or indemnification obligation or other liability for any Claim arising from (i) use of the OnDemand Services in a manner contrary to the terms of this Agreement; (ii) modification of the OnDemand Services by anyone other than Adobe or a party authorized in writing by Adobe to modify the OnDemand Services; (iii) the combination of the OnDemand Services with any other products, services, hardware, software or other materials if such OnDemand Services would not be infringing without such combination; (iv) any third party products, services, hardware, software or other materials; or (v) failure by Customer to install the latest updated version of the OnDemand Services as requested by Adobe to avoid infringement. If Customer’s use of the OnDemand Services under the terms of this Agreement is enjoined or Adobe determines that such use may be enjoined, then Adobe may, at its sole option and expense, either (i) procure for Customer a license to continue using the OnDemand Services in accordance with the terms of this Agreement; (ii) replace or modify the allegedly infringing OnDemand Services to avoid the infringement; (iii) terminate the license(s) and access to the corresponding OnDemand Services, and refund any prepaid unused fees as of the date of termination.

8.2. Customer’s Duty to Indemnify. Customer agrees to defend any claim against Adobe (and its directors, employees and agents) and its third party data and service providers (i) that Customer’s actions in connection with the OnDemand Services violate Customer’s privacy policy or any third party’s rights of privacy, or violate any privacy laws; and/or (ii) arising from or relating to the Customer Data. Customer will, in either case, indemnify Adobe (and its directors, employees and agents) and its third party data and service providers against all damages, costs, and expenses arising out of such claim or agreed to in a written settlement agreement signed by Customer arising out of such claim.

8.3. Conditions to Indemnification. The obligations set forth in this section shall apply only if (i) the indemnified Party notifies the indemnifying Party in writing of a claim promptly upon learning of or receiving the same; (ii) the indemnified Party provides the indemnifying Party with reasonable assistance requested by the indemnifying Party, at the indemnifying Party’s expense, for the defense and settlement, if applicable, of any claim; (iii) the indemnified Party provides the indemnifying Party with the exclusive right to control and the authority to settle any claim, provided, however, that the indemnified Party shall have the right to participate in the matter at its own expense, and (iv) the indemnified Party does not admit fault or liability of indemnifying Party or of itself.

8.4. Sole and Exclusive Remedies. The rights and obligations in this Indemnification section are the indemnifying Party’s sole and exclusive obligations, and the indemnified Party’s sole and exclusive remedies, with respect to the subject matter giving rise to any such claims.

9. Limitations of Liability

9.1. Limitation on Damages. EXCEPT IN CONNECTION WITH A BREACH OF CONFIDENTIALITY, OR USE OF ADOBE TECHNOLOGY BEYOND THE SCOPE OF THE LICENSE GRANT HEREIN, (I) IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR: ANY INDIRECT, MORAL, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES; ANY LOSS OF USE, DATA, OR PROFITS; OR ANY INTERRUPTION OF BUSINESS - ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, HOWEVER CAUSED, AND WHETHER OR NOT IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND (II) THE AGGREGATE LIABILITY OF EITHER PARTY WITH RESPECT TO THIS AGREEMENT SHALL NOT EXCEED TWENTY FIVE DOLLARS ($25.00).THE FOREGOING LIMITATIONS AND EXCLUSIONS OF LIABILITY WILL APPLY REGARDLESS OF THE FORM OR SOURCE OF ACTION, AND REGARDLESS OF ANY OBLIGATION STATED UNDER THIS AGREEMENT. THIS LIMITATION SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL BREACH OR A BREACH OF THE FUNDAMENTAL TERMS OF THIS AGREEMENT.

9.2. Disclaimer. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, ALL ONDEMAND SERVICES ARE PROVIDED AS-IS. ADOBE, ITS AFFILIATES, AND ITS THIRD PARTY DATA, SERVICE, AND SOFTWARE PROVIDERS HEREBY DISCLAIM AND MAKE NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF MERCHANTABILITY, ACCURACY, QUALITY OF SERVICE OR RESULTS, AVAILABILITY, SATISFACTORY QUALITY, LACK OF VIRUSES, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES OF ITS THIRD PARTY PROVIDERS.

10. General Provisions

10.1. Privacy - Sensitive Personal Information. Customer represents and warrants that it will not transmit, provide, or otherwise make available to Adobe sensitive personal information of its employees, customers, partners or site visitors, which includes but is not limited to information regarding a minor, financial information, and medical or health information.

10.2. Content Monitoring. Customer agrees to implement a process through which infringing, abusive or otherwise unlawful content can be reported to Customer and removed in accordance with industry best practices and applicable law. If Customer Data or content from Customer site visitors are hosted by Adobe, and if Customer becomes aware of possible violations regarding content its customers upload to the service, Customer agrees to promptly notify Adobe. Customer acknowledges that, though Adobe is providing access to Customer Data hereunder, it acts only as a passive conduit. Although Adobe may be involved in modifying or editing the Customer Data to be posted and/or integrated into Customer site(s) on Customer’s behalf, Customer retains complete discretion and responsibility, including compliance with all applicable laws and regulations, for its website and all content accessible thereon.

10.3. Proprietary Notices. Any permitted copy of the OnDemand Services (or related materials) made by Customer must contain the same copyright and other proprietary notices that appear on or in such OnDemand Services.

10.4. Assignment. The Parties agree that Adobe is hereby entitled to assign and/or transfer all or part of its rights and obligations under this Agreement to any third party Affiliate. Customer may assign this Agreement in its entirety to the surviving entity pursuant to a merger or acquisition upon advance written notice to Adobe if such assignment does not expand the scope of the license(s) granted. Except as provided in the preceding sentence, Customer may not assign, voluntarily, by operation of law or otherwise, any rights or obligations under this Agreement without the prior, written consent of Adobe. Any extension of credit or installment payments to the assignee will be subject to Adobe’s determination of assignee’s creditworthiness. Subject to the above restrictions on assignment, this Agreement shall inure to the benefit of and bind the successors and assigns of the Parties. Any attempted assignment in derogation of this section will be null and void.

10.5. Governing Law, Venue. This Agreement will be governed by and construed in accordance with the laws of the State of California, without regard to or application of conflicts of law rules or principles of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. In the event that a dispute arises with respect to the terms of this Agreement, the Parties agree that the exclusive and sole venue for resolution shall be a court of competent jurisdiction within the County of Santa Clara, State of California, and the Parties agree to submit to the jurisdiction of the same.

10.6. Force Majeure. Neither Party shall be liable for any default or delay in the performance of its obligations under this Agreement (except for any payment obligations) if such default or delay results from causes beyond its reasonable control, including but not limited to acts of God, terrorism, labor action, fire, flood, earthquake, governmental acts, orders, or restrictions, denial of service attacks and other malicious conduct, utility failures, or power outages.

10.7. Injunctive Relief. Actual or threatened breach of certain sections of this Agreement (such as, without limitation, provisions on intellectual property (including ownership), license, privacy, and confidentiality) shall be deemed to cause immediate, irreparable harm that would be difficult to calculate and could not be remedied by the payment of damages alone. Accordingly, either Party will be entitled to seek preliminary and permanent injunctive relief and other equitable relief for any such breach.

10.8. Notice. The Parties shall give notices under this Agreement specific to the other Party by electronic mail to the other Party’s e-mail address with the delivery receipt kept on file. Customer may give such notice to Adobe to the following email address: ContractNotifications@adobe.com and Adobe to the Customer’s email address on file or as otherwise notified by the Customer.

10.9. Customer Responsibility. Customer shall be responsible for all acts and omissions, including financial obligations, of Affiliates, agents, contractors or third parties who use or access the OnDemand Services.

10.10. Independent Contractors. The Parties expressly agree that they are independent contractors and do not intend for this Agreement to be interpreted as an employment, agency, joint venture or partnership relationship. Neither Party has the authority to bind the other or incur any obligation on behalf of the other.

10.11. Waiver; Modification. Neither Party’s waiver of the breach of any provision shall constitute a waiver of that provision in any other instance. This Agreement may not be modified nor any rights under it waived, in whole or in part, except in writing, signed by the Parties.

10.12. Entire Agreement. This Agreement contains the entire understanding of the Parties relating to the subject matter and supersedes all prior agreements and understandings, both written and oral, regarding such subject matter.

10.13. Severability. If any term of this Agreement is held invalid or unenforceable for any reason, the remainder of the provision shall continue in full force and effect, and the Parties shall substitute a valid provision with the same intent and economic effect.

10.14. Export Rules. Customer acknowledges that the OnDemand Services are subject to the U.S. Export Administration Regulations and other export laws, restrictions, and regulations (collectively, the “Export Laws”) and that Customer will comply with the Export Laws.

10.15. U.S. Government Licensing. For U.S. Government End users, Customer acknowledges that OnDemand Services are “Commercial Item(s),” as that term is defined at 48 C.F.R. Section 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable. Customer agrees, consistent with 48 C.F.R. Section 12.212 or 48 C.F.R. Sections 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.