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Firefly Legal FAQs – Enterprise Customers
May 10, 2024

Table of Contents
GENERAL QUESTIONS ABOUT THE TECHNOLOGY ....................................................................................21.
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WHAT IS ADOBE FIREFLY? HOW DOES THE TECHNOLOGY WORK?..................................................................... 2DO ADOBE’S GENERATIVE AI POWERED FEATURES “LOOK UP” CONTENT FROM ITS DATASET TO CREATE OUTPUTS? .... 2OUTPUTS ................................................................................................................................................2
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CAN I USE FIREFLY OUTPUTS TO TRAIN MY OWN AI/ML MODELS? ................................................................... 2HOW DOES ADOBE TREAT CONTENT GENERATED BY FIREFLY? .......................................................................... 2WHAT USE RESTRICTIONS APPLY TO FIREFLY OUTPUTS? .................................................................................. 2CAN FIREFLY OUTPUTS BE USED IN CLIENT PROJECTS (E.G., AGENCY USE CASES)? ................................................. 2WILL THE FIREFLY OUTPUTS BE EXCLUSIVE OR UNIQUE TO ME? ........................................................................ 3GENERATIVE AI TRAINING BY ADOBE ......................................................................................................38.

FOR ENTERPRISE CUSTOMERS, WILL ADOBE INCLUDE MY USERS’ CONTENT (INCLUDING FIREFLY INPUTS AND OUTPUTS)
IN DATASETS USED TO TRAIN GENERATIVE AI MODELS? ........................................................................................... 39. IN ORDER TO USE CUSTOM MODELS DOES ADOBE TRAIN WITH MY CUSTOM TRAINING DATA?................................ 3
LEGAL TOPICS .........................................................................................................................................310.
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WHAT DOES "DESIGNED TO BE COMMERCIALLY SAFE" MEAN FOR FIREFLY? .................................................... 3WHAT IS INDEMNIFICATION? ................................................................................................................ 4WILL ADOBE INDEMNIFY ITS CUSTOMERS FOR FIREFLY OUTPUTS? ................................................................ 4WHAT TYPES OF CLAIMS WILL BE COVERED BY THE FIREFLY OUTPUT IP INDEMNITY? ........................................ 4WHICH FIREFLY POWERED FEATURES WILL BE COVERED BY ADOBE’S CONTRACTUAL INDEMNITY? ....................... 4WHAT LIABILITY CAP WILL APPLY TO THE FIREFLY OUTPUT INDEMNITY? ......................................................... 4WHO OWNS THE CONTENT GENERATED BY FIREFLY? ................................................................................. 4HOW WILL ADOBE ADDRESS CHANGES IN LAWS THAT AFFECT GENERATIVE AI TECHNOLOGIES? .......................... 5CONTENT CREDENTIALS ..........................................................................................................................518.

WHAT ARE CONTENT CREDENTIALS AND WHY ARE THEY BEING CREATED FOR ALL FIREFLY OUTPUTS? .................. 5

General Questions about the Technology
1.

What is Adobe Firefly? How does the technology work?
• Adobe Firefly is a family of generative AI models that power features that canturn ordinary inputs (e.g., text) into new content (e.g., images). Using machinelearning, Adobe trains these generative AI models on large amounts of data thatenable the models to “learn” how to generate a multitude of outputs. The
prompts that users provide to the generative AI model (e.g., “cat wearing a hat”)
are commonly called “inputs” and the content generated by the model (e.g., apicture of a cat wearing a hat) are commonly called “outputs.”

2. Do Adobe’s generative AI powered features “look up” content from its dataset tocreate outputs?
• No. Adobe’s generative AI technology is not a look-up service or search engine
and the trained models do not store or contain copies of content from thedataset.

Outputs
3. Can I use Firefly outputs to train my own AI/ML models?
• No.
4. How does Adobe treat content generated by Firefly?
• Firefly outputs are “Customer Content” as defined in the customer agreement.
• This means that:• As between Adobe and the customer, the customer owns and controls
Firefly outputs, subject to the terms of the customer agreement andany input use restrictions or limitations• the user is responsible for use of the output• the output is the user's confidential information• Adobe does not assert any IP rights in the output
5. What use restrictions apply to Firefly outputs?
• As with the use of all Creative Cloud products and services, Firefly outputs cannot
be used in an illegal manner (including to infringe or violate the rights of others)
or in connection with creating, training, or otherwise improving AI/ML models.
• Adobe does not restrict a customer’s content distribution channel methods (e.g.,client use cases, movie productions, etc.) so customers may use Firefly outputs inthe same channels and manner as they do with any other content.
6. Can Firefly outputs be used in client projects (e.g., agency use cases)?
• Yes. (See above for the limited use restriction on Firefly outputs.)2

7. Will the Firefly outputs be exclusive or unique to me?
• Although unlikely, it is theoretically possible that the same or similar Firefly
output will be generated by different users and Firefly outputs are not guaranteed
to be exclusive or unique. For example, in the very unlikely event that two users
type in identical text prompts and the prompt query happens to have the same"seed" (i.e., a randomness variable), of which there are billions of options, thenFirefly may output the same or very similar content.

Generative AI training by Adobe
8. For enterprise customers, will Adobe include my users’ content (including Fireflyinputs and outputs) in datasets used to train generative AI models?
• No, Adobe does not plan to include enterprise user content in datasets used forgenerative AI training, except for features (like Firefly Custom Models) where
Adobe is fine tuning a model for the sole benefit of the customer who provided
the custom training data.
• Note – this does not apply to use of Adobe features as part of
improvement or feedback programs.
9. In order to use Custom Models does Adobe train with my custom training data?
• Yes, but only to fine tune the Firefly model for the benefit of the customer who
provided the custom training data.
• The customer’s training data is not used to train the Adobe Firefly generative AI
foundation models that are made available for use by other customers.

Legal Topics
10. What does "designed to be commercially safe" mean for Firefly?
• It means that Adobe is taking a thoughtful approach to how the Firefly family ofmodels are being developed and implemented, including in accordance with
Adobe's AI Ethics principles of accountability, responsibility, and transparency,
and in a manner that is designed to reduce the risk of issues like copyright orbrand infringement or other unintended harmful outputs.
• For example, the Adobe Firefly generative AI models were trained on licensed
content, such as Adobe Stock, and public domain content where the copyrighthas expired.
• In addition, some customers will have the opportunity to purchase anentitlement that comes with contractual IP indemnification in the unlikely eventof a claim involving a Firefly output (see below).

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11. What is indemnification?
• Indemnification is a contractual concept in which one party agrees to assume thelegal defense and pay for monetary damages in the unlikely event of certain
types of claims.
• Indemnification often has limitations and exclusions (e.g., not all types of claims
are covered and certain types of actions by the customer may exclude
indemnification rights).
12. Will Adobe indemnify its customers for Firefly outputs?
• Yes, if you have purchased the appropriate entitlement (which will require a newcontracting event), subject to the applicable terms, conditions, and exclusions.
13. What types of claims will be covered by the Firefly output IP indemnity?
• The Adobe indemnity will cover claims that allege that the Firefly output directly
infringes or violates any third party’s patent, copyright, trademark, publicity rights
or privacy rights.
• The Adobe indemnity will not cover claims to the extent that any claim is basedon or arises from the Customer’s action or content, which includes without
limitation:• your modification of the Firefly output using any product or service,including edits made with Creative Cloud products/services• any other materials that you use in combination with the Fireflyoutputs• any use of the Firefly output in violation of your customer agreement• the context in which you use the Firefly output• any use of the Firefly output after we tell you to stop
• any content that you provide for custom training
14. Which Firefly powered features will be covered by Adobe’s contractual indemnity?
• Adobe's Firefly IP indemnity for eligible offers covers Firefly GA features thatgenerate imagery. Terms apply. Learn more.
15. What liability cap will apply to the Firefly output indemnity?
• The same limitation of liability that applies to technology-based IP claims under
your existing contract with Adobe will apply to IP claims involving Firefly outputs.
16. Who owns the content generated by Firefly?
• Between Adobe and the customer, the customer owns the Firefly output, subject
to any input use restrictions or limitations.
• Whether or not a customer owns the copyright to the Firefly output depends on
the laws of the customer’s local jurisdiction.
• If you are interested in learning more about this issue, check out thisCopyright Alliance blog post by Adobe’s lead copyright attorney.

417. How will Adobe address changes in laws that affect generative AI technologies?
• Adobe is continually monitoring updates to relevant laws and regulations that
may impact its technologies, including Adobe Firefly.

Content Credentials
18. What are Content Credentials and why are they being created for all Firefly outputs?
• As part of Adobe’s commitment to setting the industry standard for responsible
use of generative AI through its Content Authenticity Initiative, Adobe
automatically applies a Content Credential that indicates the output includes
content created with generative AI. Learn more.

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