LinkedIn Plugins License Agreement
Note: By using a LinkedIn Plugin, you are entering into a legally binding agreement with LinkedIn Corporation that includes provisions that (1) allow your use of a LinkedIn Plugin under certain terms and conditions, (2) make it clear that your use of the Plugin does not create a partnership relationship with LinkedIn, (3) make it clear that you can not directly monetize your use of the LinkedIn Plugin, and (4) allow LinkedIn to terminate this Agreement and your use of the Plugin at any time.
By downloading or using a LinkedIn Plugin, you acknowledge that you have read and understood this document and that you agree to be bound by the terms of this Agreement (“Agreement”). Accordingly, please read this Agreement with great care, since it governs your use of the LinkedIn Plugin. If you enter into this Agreement on behalf of a company or other entity, you represent that you have authority to bind the entity and its affiliates to this Agreement, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have authority, or if you do not agree with the terms of this Agreement, you may not download or use any LinkedIn Plugin.
- LinkedIn Plugins and Plugin Content. LinkedIn Plugins are tools that you may place on your website which allow visitors to your website to access and view content on LinkedIn websites (“Plugins”). You agree that these Plugins may display LinkedIn logos, search boxes that link to information located at LinkedIn.com, advertising for LinkedIn or advertising for third party products (“Plugin Content”). Plugins include Plugin Content, as well as all software files or images incorporated in, or generated by, the Plugins, and any and all data and html embedded code that accompanies the Plugins, and any upgrades, enhancements or modifications to such software and code. LinkedIn retains all ownership and other rights in the Plugins and the Plugin Content, and in the LinkedIn logos and trademarks. You acknowledge and agree that we may use data capture, syndication analysis and other similar tools to track, extract, compile, aggregate and analyze any data or information resulting from use of a Plugin. If you object to any of these changes, your sole recourse is to stop using the Plugins and remove the Plugins from your website.
- License. Subject to your compliance with this Agreement, LinkedIn hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to use and display the Plugins on a website for which you have proper authorization (“your website”) solely for your own use as permitted by this Agreement. You are not licensed to use the Plugins for any other purpose, and nothing in this Agreement shall be deemed to grant you any right, title or interest in the Plugins.
- Restrictions on Use. Your license is subject to the following restrictions on use: (a) you may not use the Plugin to facilitate your sale of access to LinkedIn or any information therein without LinkedIn’s prior written approval; (b) you may not obscure or disable any element of the Plugin; (c) your web page title and other trademarks and logos must appear at least as prominent as LinkedIn's trademarks and logos in the Plugin; (d) you may not display the Plugin in any manner that implies partnership with, affiliation with, sponsorship, or endorsement by LinkedIn; (e) you may not display the Plugin on any site that disparages LinkedIn or its products or services, infringes any LinkedIn intellectual property or other rights, or violates any applicable law; and (f) you may not place the Plugins on sites that include content that is offensive, abusive, harassing, threatening, discriminatory, vulgar, pornographic, or otherwise inappropriate as determined by LinkedIn in its sole discretion. Subject to the express parameters of the limited license granted to you above, the Plugins and the Plugin Content may not be copied, modified, deleted, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without obtaining the express prior written permission of LinkedIn in each instance. You acknowledge and agree that LinkedIn may crawl or otherwise monitor your site for the purpose of confirming compliance with this Agreement. You must never use or include the following Plugins or Plugin Content in any advertisements or for purposes of targeting advertisements: Follow Company Button and Recommend.
- Link to Content Pages. You may not display the Plugin in a manner that does not permit successful linking to, redirection to or delivery of the applicable Plugin Content. You may not insert any intermediate page, splash page or other content between the Plugin and the applicable Plugin Content.
- Publicity by LinkedIn. You hereby grant to us a paid-up, royalty-free, nonexclusive, worldwide, irrevocable right and license, under all of your intellectual property rights, to: (i) use, perform, and display your Application and its content for purposes of marketing, demonstrating, and making your Application available to users; (ii) link to and direct users to your Application; and (iii) sublicense the foregoing rights to our affiliates. Following the termination of this Agreement and upon written request from you, LinkedIn will make commercially reasonable efforts, as determined in its sole discretion, to remove all references and links to your Application from the LinkedIn website and service. LinkedIn will have no other obligation to delete copies of, references to, or links to, your Application. We may publicly refer to you, orally or in writing, as a licensee of the LinkedIn Plugins and we may publish your name and/or logo (with or without a link to your Application) on our Website, in press releases, and in promotional materials without your prior consent.
- No Warranty. THE PLUGINS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LINKEDIN DISCLAIMS ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, THAT MAY BE EXPRESSED OR IMPLIED BY LAW REGARDING ANY PLUGIN, INCLUDING WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LINKEDIN FURTHER DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY AND PERFORMANCE OF THE PLUGINS. YOU UNDERSTAND AND AGREE THAT YOU USE THE PLUGINS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ANY COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE USE OF THE PLUGINS.
- Limitation of Liability. THE PLUGINS ARE BEING PROVIDED FREE OF CHARGE. ACCORDINGLY, YOU AGREE THAT LINKEDIN SHALL HAVE NO LIABILITY ARISING FROM OR BASED ON YOUR USE OF THE PLUGINS. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF LINKEDIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, LINKEDIN’S MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL NOT, IN ANY EVENT, EXCEED $50.00.
- Right to Terminate. At any time and for any reason or no reason, LinkedIn, in its sole discretion, may (a) terminate your use of the Plugins, and (b) terminate this Agreement by giving notice to you. In either case, you agree to promptly remove the Plugins from your website and cease all further use, copying and distribution of the Plugins.
- General Provisions. This Agreement will be governed by and construed in accordance with the laws of the State of California as such laws apply to contracts between California residents performed entirely within California. The Parties hereby irrevocably consent to the jurisdiction of either the state courts located in Santa Clara County, California, or the federal courts for the Northern District of California in any action arising out of or relating to this Agreement, and waive any other venue to which either Party might be entitled by domicile or otherwise. Nothing in this Agreement will be construed as creating a partnership or joint venture of any kind between the parties, and neither of us will have the authority to bind the other party or to contract in the name of or create a liability against the other party in performing its obligations or exercising its rights under this Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement cancels and supersedes any and all prior proposals and agreements (oral or written) between the parties, related to your use of the Plugins and can only be modified by a writing signed by you and a duly authorized officer of LinkedIn.