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Adobe LiveCycle Data Services Community Edition: Subscription agreement

The following sets forth the terms and conditions for the provision of Adobe® LiveCycle® Data Services, Community Edition software, for related maintenance and technical support services ("Support Services"), and certain warranty benefits for the certified builds of the BlazeDS software ("Software") licensed by Customer ("Subscription Services").

This Agreement is between Adobe Systems Incorporated and Customer ordering the Support Services if Customer is resident in the United States, Canada, or Mexico or between Adobe Systems Software Ireland Limited and Customer, if Customer is resident in any other country.

"Software" under this Subscription Agreement shall mean only the original unmodified certified builds of the BlazeDS software provided by Adobe to Customer under these Subscription Services, and shall not constitute any other software or materials, even if provided in connection with the Subscription Services for convenience or otherwise. Use of some other materials and/or software, if any, included in or accessed through the Subscription Services may be subject to other terms and conditions typically found in a separate license agreement, terms of use or "Read Me" file located on a download page, within or near such materials and/or software. Any licenses granted hereunder do not alter any rights and obligations Customer may have under the terms and conditions governing such other materials and/or software. By accessing and/or using any such other materials, Customer hereby agrees to the applicable separate license agreements that apply to such other materials and/or software.

  1. Software License and Warranty.

    1. Software License. The Software is licensed to Customer for use subject to all the terms and conditions of the GNU Lesser General Public License, Version 3 ("LGPL3"). The name "BlazeDS" and the BlazeDS logo must not be used to endorse or promote products derived from this software without prior written permission from Adobe. Similarly, products derived from this open source software may not be called "BlazeDS", nor may "BlazeDS" appear in their name or the BlazeDS logo appear with such products, without prior written permission of Adobe.
    2. Warranty. Adobe warrants to Customer that the certified builds of the Software in its unmodified original form as provided by Adobe hereunder will perform substantially in accordance with the documentation accompanying such Software for the ninety (90) day period following Customer’s purchase of the Subscription Services when used on the recommended operating system, platform and hardware configuration. This limited warranty does not apply to any modified Software, patches, sample code, and font software converted into other formats. All warranty claims must be made within such ninety (90) day period. If the Software does not perform as warranted above, the entire liability of Adobe and Licensee’s exclusive remedy shall be limited to either, at Adobe’s option, the replacement of the Software or termination of this Subscription Agreement and the Subscription Services and the refund of the pro-rated portion of the fees paid to Adobe based on the remaining full months in the Customer’s Subscription Services. THE FOREGOING LIMITED WARRANTY IS THE ONLY WARRANTY MADE BY ADOBE AND STATES THE SOLE AND EXCLUSIVE REMEDIES FOR ADOBE’S, ITS AFFILIATES’ OR ITS SUPPLIERS’ BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE IN CUSTOMER’S JURISDICTION, ADOBE, ITS AFFILIATES AND ITS SUPPLIERS PROVIDE THE SOFTWARE AS-IS AND WITH ALL FAULTS AND EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING PERFORMANCE, SECURITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, QUIET ENJOYMENT, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

  2. Support Services.

    If Customer subscribes and pays the Annual Subscription Fee, Adobe shall provide the following Support Services:

    1. Adobe will provide Customer technical support only to a maximum of named Customer technical support contact ("Technical Support Contacts"). The maximum number of Technical Support Contacts per support program is as follows: one (1) for Bronze subscriptions, and three (3) for Gold subscriptions.
    2. Adobe will provide Support Services for Software to be accessed by Technical Support Contact(s) during the hours of operation listed at http://www.adobe.com/support/programs/policies/sla.html (excluding holidays) via Adobe’s web site for Bronze Subscriptions, and via prioritized, toll-free telephone and Adobe’s web site for Gold Subscriptions. Technical Support Contacts for Gold subscriptions may access technical support 24x7 for Production Server Down (critical P1 issues) as described in section 6.
    3. Adobe will provide code corrections as required to correct Software malfunctions in order to bring the Software into substantial conformity with applicable documentation. If Customer encounters a problem in the usage of the Software, Customer will provide Adobe with sufficient detail to permit Adobe to understand and reproduce the problem. Adobe will use reasonable efforts to diagnose the problem and if it is mutually determined by Customer and Adobe that the problem represents an error in the Software that causes it to not to operate in substantial conformity with applicable documentation, Adobe will use commercially reasonable efforts to provide a fix release to Customer. In addition, Adobe may, at its sole discretion and from time to time, make fix releases generally available to users of the Software. Code corrections and other Support Services only apply to the original certified code that has been made available to Customer through the subscription purchased. Support Services does not apply to other code that has been linked, whether statically or using a shared library, to the original certified software.
    4. Adobe shall provide to Customer, at no additional charge, all upgrades for the Software to make the Software current, provided that Adobe’s obligations under this Section with respect to each major version (defined by a x.0 version number) of a specific Software product shall continue for a maximum of five (5) years after the first release of that major version of that Software product. "Upgrades" mean those versions of the Software products that Adobe, at its discretion, deems to be logical improvements or extensions to the Software products and that have been released for general commercial distribution. In particular, upgrades are designated point releases by Adobe (e.g., 4.2 to 4.3 or 4.3 to 5.0 if 5.0 is the next version release in the series). Releases designated by Adobe as third digit releases (e.g., 4.2.2 to 4.2.3) are not considered upgrades for the purposes of this Agreement, but rather they are considered as fix releases which must be requested by Customer. Fix releases provided to Customer pursuant to this Support Agreement will only be for the current version of each Software product.
    5. Customer shall have access to Adobe’s eSupport services via remote computer access. Should Customer choose to access such services, Customer hereby grants permission to Adobe to remotely access the Software from an external computer controlled by Adobe, including any and all of Customer’s systems on which the Software resides, for the sole purpose of providing Support Services to Customer. CUSTOMER ACKNOWLEDGES THAT IT MAY CONTROL ALL ADOBE ACCESS TO THE SOFTWARE AND TO CUSTOMER’S SYSTEMS BY SELECTING A "HIGH" SECURITY SETTING AND MONITORING ALL SUCH ACCESS.
    6. Adobe will provide technical support only to Customer as the original purchaser of the Subscription Services, and not to any other person.

  3. Annual Support Fee / Initial Term and Renewals.

    1. Initial Term. The initial term for Support Services is (1) year, unless otherwise agreed in writing by Adobe and Customer. Technical Support for Bronze subscriptions will expire in one year or when all incidents are used, which ever comes first.
    2. Renewals. If Customer elects to renew Support Services, if purchased from an Adobe reseller, Customer may obtain pricing for Support Services from an Adobe reseller. At time of renewal, the renewal fee will be determined between Customer and an Adobe reseller or as set by standard published pricing. Such fee could be greater than the fee for the initial year of Support Services.

  4. Right to Discontinue or Modify Services.

    Customer acknowledges that Adobe has the right to discontinue the manufacture and development of any of the Software and the support for that Software, including the distribution of older Software versions, at any time in its sole discretion, provided that Adobe agrees not to discontinue the support for that Software during the current annual term of this Agreement, subject to the termination provisions herein. Support Services shall not automatically renew if Adobe discontinues Support Services for all of the Software covered by this Support Agreement. Notwithstanding the foregoing, if Adobe discontinues the manufacture and support for a particular piece of Software, Support Services for any remaining Software covered by this Support Agreement shall not be adversely affected. Adobe reserves the right to alter the Support Services, from time to time, using reasonable discretion but in no event shall such alterations result in: (a) diminished support from the level of support set forth herein; (b) materially diminished obligations for Adobe; or (c) materially diminished rights of Customer. Adobe shall provide Customer with sixty (60) days prior written notice of any material changes to the Support Services contemplated herein.

  5. Service Requests.

    1. The priority or severity of service request for Gold Subscriptions, which consists of the error or question reported to Adobe by one of Customer’s Technical Support Contacts based on a material failure of the Adobe Software to conform to the published product specifications ("Service Request") will be established based on Case Priority definitions which are included in section 6 of this agreement. Service Requests for Bronze Subscriptions will be responded to in four (4) business hours.
    2. Adobe shall undertake reasonable efforts to; a) Acknowledge receipt of a Service Request from a Technical Support Contact within the time allotted ("Response Time"). This will generally be via the same medium of communication by which the Service Request was reported; b) Provide a short status report to Customer within a reasonable time; c) Solve the Service Request by providing a remedy that could take the form of eliminating the defect, providing updates, or demonstrating how to avoid the effects of the defect with reasonable commercial effort. The remedy may also include error corrections, patches, bug fixes, workarounds (i.e. temporary solutions used to complete a task that would not otherwise be possible due to a problem or limitation in the affected Adobe Software Product), replacement deliveries or any other type of software or documentation corrections or modifications. Each party acknowledges that despite a party's reasonable efforts, not all problems may be solvable.
    3. Processing time for Adobe starts from the date and time when Adobe Enterprise Support acknowledges receipt of a Service Request. If the Service Request cannot be solved within a commercially reasonable timeframe, the Service Request may be escalated within the Adobe Enterprise Support organization.

  6. Gold Subscriptions/ 24x7 Support and Response Time Objectives

    1. Gold Subscription 24x7 Support

      Adobe will provide to Customer 24X7 production server down support service ("24X7 Support") according to the following:

      1. 24X7 Support is for eligible server software products;
      2. 24X7 Support is for the applicable server software products beyond the operational times listed at http://www.adobe.com/support/programs/policies/sla.html
      3. 24X7 Support is only applicable for Critical (Priority 1) Cases (as further defined below in Section B (RESPONSE TIME OBJECTIVES)) outside of the core hours of support;
      4. Target response times for Critical (Priority 1) Case requests shall be (1) hour from the time Customer contacts Adobe (as further defined below in Section B (RESPONSE TIME OBJECTIVES));
      5. Customer shall initiate all Critical (Priority 1) Case requests via telephone and must be able to reproduce the alleged error and provide Adobe with a designated contact during the remedy period, either onsite or by pager, to assist with data gathering, troubleshooting, testing and applying the proposed solution. In the event Customer does not comply, Adobe, in its sole discretion, may downgrade the priority level of this case;
      6. If Adobe, in its sole discretion, determines that remote troubleshooting and investigation techniques employed by Adobe have been unsuccessful and that on-site support is the most effective way to provide the services and deliverables, Customer will not be charged for such on-site support, but will be subject to travel and living expenses; and
      7. For the avoidance of doubt, non-Critical (Priority 1) Case requests made shall be responded to by Adobe within the core program hours.
    2. Gold Subscription RESPONSE TIME OBJECTIVES

      Accurately prioritizing your technical issue is critical to our mutual success and the following guidelines will assist in determining the appropriate priority level and response time objectives.

      Response time objectives:

      Priority Severity Response time
      1 Critical 1 business hour
      2 Urgent 2 business hours
      3 Important 4 business hours
      4 Minor 1 business day

      CRITICAL (Priority 1) — the problem results in extremely serious interruptions to a Customer’s production system. It has affected, or could affect, the entire user community. Tasks that should be executed immediately cannot be executed because of a complete crash of the system or interruptions in main functions of the production system. Data integrity is compromised and the service request requires immediate processing as the issue can result in financial losses.

      URGENT (Priority 2) — the problem results in serious interruptions to normal operations or will negatively impact an enterprise-wide production system rollout. In a production system, important tasks cannot be performed, but the error does not impair essential operations, processing can still continue in a restricted manner, and data integrity may be at risk. In a development system, the problem hinders deployment. The service request requires timely processing, because the malfunction could cause serious interruptions to critical processes or negatively impact business decisions.

      IMPORTANT (Priority 3) — the problem causes interruptions in normal operations. It does not prevent operation of a system, or there could be minor degradation in performance. The error is attributed to malfunctioning or incorrect behavior of the software. The issue will affect a pilot or proof-of-concept deadline.

      MINOR (Priority 4) — the problem results in minimal or no interruptions to normal operations (no business impact). The issue consists of "how to" questions, installation and configuration inquiries, enhancement requests, or documentation questions. If Adobe’s support staff estimates that a reported technical issue or business situation requires additional attention, an internal management escalation procedure will be followed. A management escalation process will be enacted when response-time targets are, or will be, exceeded or when you are dissatisfied with the solution provided.

  7. Proprietary Rights.

    The Software is licensed, not sold. All intellectual property rights, including all copyrights and patent rights, in and to the Software shall, at all times, remain with Adobe or its licensors. Adobe and its licensors reserve all rights not expressly granted to Customer. Physical copies of the Software remain the property of Adobe. Customer must fully reproduce any copyright or other notice marked on any part of the Software on all authorized copies and must not alter or remove any such copyright or other notice.

  8. Termination.

    Support Services may be suspended or terminated by Adobe for: failure of Customer to pay for Support Services; abusive or fraudulent use of Support Services by Customer; or for Customer’s uncured breach of the license for the Software or of the Proprietary Rights section. If Adobe terminates the Support Services as a result of Customer’s uncured breach, Customer shall immediately cease use of the Software, delete the Software from all computer systems on which it resides, and return to Adobe any media containing the Software as well as any related materials. Sections 1, and 7through10 inclusive shall survive expiry or termination of this Agreement. When Support Services expire, Customer shall have continued use of Software it received under this Agreement, subject to the continued adherence to the terms and conditions of this Agreement and/or the relevant license agreement with Adobe.

  9. Limited warranty/ Disclaimer and Limitation of Liability.

    SUPPORT SERVICES SHALL BE PERFORMED IN A PROFESSIONAL AND DILIGENT MANNER, BY QUALIFIED PERSONNEL. ADOBE DOES NOT GUARANTEE, REPRESENT OR WARRANT CONSULTATION RESULTS, IDENTIFICATION OF ALL VIRUSES, OR THAT ALL ERRORS AND BUGS WILL BE CORRECTED. IN NO EVENT SHALL ADOBE’S OR ADOBE’S LICENSORS’ TOTAL CUMULATIVE LIABILITY TO CUSTOMER (FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATED TO THE SUPPORT SERVICES PROVIDED UNDER THIS SUPPORT AGREEMENT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO ADOBE FOR THE SUPPORT SERVICES IN THE SUPPORT TERM IN WHICH SUCH LIABILITY AROSE.

  10. General.

    This Support Agreement may not be assigned by Customer. Any assignment in violation of the foregoing shall be null and void. This Support Agreement supersede all other written and oral proposals, purchase orders, prior agreements, and other communications between Customer and Adobe concerning the subject matter hereof and constitutes the entire agreement between Adobe and Customer regarding provision of Support Services. If Customer is a resident of the United States, Mexico, or Canada then (i) this Support Agreement shall be governed by the laws of the State of California without reference to conflict of law principles; and (ii) Customer consents to the personal jurisdiction of the state and federal courts located in Santa Clara County, California. If Customer is a resident of any other country, then (i) this Support Agreement shall be governed by the laws of the Republic of Ireland without reference to conflict of law principles, as such laws are applied to agreements entered into and to be performed entirely within the Republic of Ireland between residents of the Republic of Ireland; and (ii) Customer consents to the personal jurisdiction of the courts located in Courts of Ireland in Dublin, Ireland for all disputes relating to this Support Agreement. If any action at law or in equity is necessary to enforce the terms of this Support Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs and expenses in addition to any other relief to which such prevailing party may be entitled. Nonperformance of either party shall be excused to the extent that performance is rendered impossible by fire, flood, earthquake, governmental acts or orders or restrictions, or any other reason where failure to perform is beyond the control and not caused by the negligence of the non-performing party.