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Adobe Support Policies: Terms and Conditions

Terms and Conditions of Support Plan Offerings for Customers

Adobe® Bronze Support Program Service Agreement

This Agreement is between Adobe Systems Incorporated and Customer ordering the Adobe® Bronze Support Program (“Support Program”), 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. The two Adobe entities shall be referred to collectively as "Adobe". Customer hereby agrees that the following terms and conditions shall govern the delivery of support services by Adobe to Customer under the Support Program with respect to applicable registered Adobe products (“Products”) and where indicated with respect to third-party products and technologies. Subject to Customer’s termination right as set forth in Section 4 below, ordering the Support Program indicates Customer’s acceptance of the terms and conditions contained in this Service Agreement. This Service Agreement is effective upon receipt and acceptance of Customer’s order by Adobe or by the authorized reseller from whom support is purchased (“Commencement Date”).

  1. Services.
    1. Adobe will provide Customer the support services (“Support Services”) described at www.adobe.com/support/programs/bronze.html (the “Support Site”). Such descriptions, as may be amended from time to time, are deemed to be part of this Service Agreement. The Adobe software products for which Bronze Support is available are listed on the Support Site. Bronze Support is not available for all Adobe software products. Bronze Support is sold in multiple incident packs and can be used by multiple users, although, each contact with a new incident as described in section 2 will count towards decrementing the multi-pack.  Support Services will be delivered by a member of Adobe's technical support team to the Technical Support Contacts during the regional hours of operation as listed on the Support Site. Support is delivered in English only unless the Customer is in a location where localized support has been made available by Adobe.
  2. Restrictions. Adobe may limit or terminate the Support Services being provided if Customer uses the Support Services in an abusive or fraudulent manner, as determined by Adobe in its reasonable discretion. Resale, assignment and transfer of ownership are strictly prohibited and will be grounds for termination of the Support Terms. Adobe will only provide Support Services for Products that are properly registered with Adobe as documented on the Support Site. A single support incident will be restricted to support on an issue that focuses on one aspect of the product – e.g. use of a specific documented feature of the product or assistance with a specific problem or error message. While this issue may involve other aspects of the product, addressing other aspects constitutes a separate issue and requires an additional support incident. A single support incident may involve multiple phone calls, emails and off-line research. Adobe Support Engineers are responsible for determining what characterizes a single support incident and communicating this to the Customer. Adobe Support Engineers will make reasonable efforts to resolve the issue but Adobe cannot guarantee that every issue will be resolved.
  3. Exclusions. Adobe shall not be required to provide any Support Services relating to problems or issues arising out of or from (i) Customer’s use of the Products in a manner for which they were not designed; (ii) damage to the media on which the Products are provided or to the computer on which the Products are installed; (iii) Customer’s negligence, misuse, or modification of the Products; (iv) versions of Products other than the most recent version (e.g., 5.x) and one version back (e.g., 4.x), provided that Adobe shall also not be required to provide any Support Services for Products that are no longer listed on the Support Site as supported products; (v) third-party products and technologies not associated with network installation assistance as listed on the Support Site as supported technologies or (vii) conflicts related to replacing or installing hardware, drivers, and software that have not been Adobe certified.
  4. Term and Termination.
    1. Absent early termination for the reasons stated herein, this Service Agreement shall have a term of one year or until all incidents are used, which ever comes first, from the Commencement Date when purchased directly though an Adobe call center or one year from the 1st of the following month established by the Commencement Date when purchased from an Adobe on-line store or through the Adobe Open Options volume software licensing programs. 
    2. Notwithstanding anything to the contrary herein, these Support Terms may be terminated by Adobe for failure of Customer to pay Adobe the Annual Support Fee if such failure to pay continues for ten (10) days after Adobe gives Customer written notice of such failure. Adobe may also terminate these Support Terms if Customer materially breaches the terms of these Support Terms and fails to cure such breach within thirty (30) days of written notice thereof, except that a material breach of any license granted to Customer in the terms of use or end user license agreement applicable to the Software End User Licensing Agreement shall be grounds for immediate termination.
    3. Customer acknowledges that Adobe has the right to discontinue the manufacture and development of any of the Software and the Support Services for any Software, including without limitation the distribution of older Software versions, at any time in its sole discretion, provided that Adobe agrees not to discontinue the Support Services for the Software during the current annual term of this Service Agreement, subject to the termination provisions herein. Adobe reserves the right to alter these Support Services from time to time, using reasonable discretion but in no event shall such alterations result in (i) diminished support from the level of support set forth herein; (ii) materially diminished obligations for Adobe; (iii) materially diminished rights of Customer, or (iv) higher Annual Support Fees during the then-current term. Adobe shall provide Customer with thirty (30) days prior written notice of any permitted material changes to these Support Services contemplated herein.
  5. Support Activation. All Support Programs purchased from an Adobe on-line store or through the Adobe Open Options program must be activated by calling Adobe within thirty (30) days of the Commencement Date. Activation instructions and contact information can be found at www.adobe.com/go/supportactivation. Activation requires that the customer provides serial numbers of the licenses for which support was purchased and names of authorized contacts that will be using the support program. Upon activation, Adobe will send the customer a welcome letter outlining how to access Adobe person-to-person phone and eCase technical support. Adobe Support Programs that are not activated will expire one year from the Commencement Date as described in section four (4) above.
  6. Refund Policy. If a customer does not agree to these terms and conditions, a full refund of the annual fee may be requested within the first thirty (30) days after the Commencement Date so long as the customer has not activated or used the Support Program. Refund requests must be submitted to the Adobe authorized reseller from which the Support Program was purchased or submitted to Adobe if purchased directly from Adobe.
  7. Renewals. Bronze support is paid up front and will expire one year from the commencement date or when all incidents are used, which ever comes first. If purchased from an Adobe reseller (such as those reselling Adobe software licenses under the Adobe AOO (Adobe Open Options) Program, pricing for Bronze support is determined by such reseller. At time of renewal, the renewal price will be determined between Customer and an Adobe reseller or as set by standard published pricing.
  8. Warranty and Disclaimer. Adobe will use commercially reasonable efforts to provide the Support Services in a professional manner, but Adobe cannot guarantee that every question or problem raised by Customer can or will be resolved. Nothing in this Service Agreement shall be construed as expanding or adding to the warranty for the Software set forth in the Product End User License Agreement or any other agreement with Adobe governing use of the software. EXCEPT 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 TO CUSTOMER IN ITS JURISDICTION, ADOBE MAKES, AND CUSTOMER RECEIVES, NO WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATED TO OR ARISING IN ANY WAY OUT OF THIS SERVICE AGREEMENT OR THE PROVISION OF MATERIALS OR SERVICES UNDER THIS SERVICE AGREEMENT. ADOBE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  9. LIMITATION OF LIABILITY. ADOBE’S LIABILITY UNDER THIS SERVICE AGREEMENT IS LIMITED TO THE AMOUNTS PAID BY CUSTOMER FOR THE SUPPORT SERVICES ORDERED BY CUSTOMER. IN NO EVENT SHALL ADOBE HAVE ANY LIABILITY FOR ANY SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OF EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS, ARISING IN ANY WAY OUT OF THIS SERVICE AGREEMENT UNDER ANY THEORY OF LIABILITY, WHETHER OR NOT ADOBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
  10. Additions. Any additional services added to this Service Agreement by written notice to Customer will be governed by the terms of this Service Agreement.
  11. General. This Service Agreement may not be assigned by Customer. Any assignment in violation of the foregoing shall be null and void. This Service 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 Service 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 Service 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 Service Agreement. If any action at law or in equity is necessary to enforce the terms of this Service 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. Sections 8, 9 and 10 shall survive expiration or earlier termination of this Service Agreement for any reason.

Adobe® Gold Support Program Service Agreement for FLP Purchases

This Agreement is between Adobe Systems Incorporated and Customer ordering the Adobe® Gold Support Program (“Support Program”), 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. The two Adobe entities shall be referred to collectively as "Adobe". Customer hereby agrees that the following terms and conditions shall govern the delivery of support services by Adobe to Customer under the Support Program with respect to applicable registered Adobe products (“Products”) and where indicated with respect to third-party products and technologies. Subject to Customer’s termination right as set forth in Section 4 below, ordering the Support Program indicates Customer’s acceptance of the terms and conditions contained in this Service Agreement. This Service Agreement is effective upon receipt and acceptance of Customer’s order by Adobe or by the authorized reseller from whom support is purchased (“Commencement Date”).

  1. Services.
    1. Adobe will provide Customer and the allotted authorized users “Technical Support Contacts” the support services (“Support Services”) described at adobe.com/support/programs/gold.html (the “Support Site”). Such descriptions, as may be amended from time to time, are deemed to be part of this Service Agreement. The Adobe software products and technologies for which Gold Support is available are listed on the Support Site. Gold Support is not available for all Adobe software products. Support Services will be delivered by a member of Adobe's technical support team to the Technical Support Contacts during the regional hours of operation as listed on the Support Site. Additional Technical Support Contracts may be purchased and registered as authorized users of the Support Program. Support is delivered in English only, unless the Customer is in a location where localized support has been made available by Adobe.
    2. Customer shall have access to Adobe's eSupport services via remote computer access ("eSupport Services"). Should Customer choose to access the eSupport Services, Customer hereby grants permission to Adobe to access the Software, including any and all systems on which it 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; PROVIDED, HOWEVER ADOBE SHALL NOT BE LIABLE FOR ANY FAILURE TO PROVIDE SUPPORT SERVICES AS A RESULT OF CUSTOMER'S SECURITY SETTINGS AND MONITORING OF ADOBE'S ACCESS TO CUSTOMER'S SYSTEMS.
  2. Restrictions. Adobe may limit or terminate the Support Services being provided if Customer uses the Support Services in an abusive or fraudulent manner, as determined by Adobe in its reasonable discretion. Examples of such use include a high number of calls that concern previously resolved issues, repeated posing of questions to which the answer is readily found in the documentation, and discussion of issues that are not related to technical support. Resale or assignment is strictly prohibited and will be grounds for termination of this Agreement. Replacing an authorized user with a different Technical Support Contact is permitted so long as the contact is not the owner of the Support Program and the request is done in writing prior to providing Support Services to the new Technical Support Contact. Adobe will only provide Support Services for Products that are properly registered with Adobe as documented on the Support Site.
  3. Exclusions. Adobe shall not be required to provide any Support Services relating to problems or issues arising out of or from (i) Customer’s use of the Products in a manner for which they were not designed; (ii) damage to the media on which the Products are provided or to the computer on which the Products are installed; (iii) Customer’s negligence, misuse, or modification of the Products; (iv) versions of Products other than the most recent version (e.g., 5.x) and one version back (e.g., 4.x), provided that Adobe shall also not be required to provide any Support Services for Products that are no longer listed on the Support Site as supported products; (v) third-party products and technologies not associated with network installation assistance as listed on the Support Site as supported technologies or (vii) conflicts related to replacing or installing hardware, drivers, and software that have not been Adobe certified.
  4. Term and Termination.

    1. Adobe shall provide the above Support Services under this Agreement for a term of one (1) year from Support Services ("Commencement Date") (the "Initial Term"). Subsequent one year renewal terms are optional. If this Agreement lapses, Customer may be subject to additional fees prior to the reinstatement of Support Services hereunder.
    2. The term "Annual Support Fee" as used in this Agreement means, (i) for the Initial Term, the Annual Support Fee set forth on the applicable purchasing document ("Initial Annual Support Fee"); (ii) for each of the first and second renewal terms, if so renewed, the Initial Annual Support Fee; and (iii) for each of the third and subsequent renewal terms, if so renewed, the then-current list price of the Support Services, however, in no event shall the amount be less than the Annual Support Fee paid for the prior year for the Software covered by such renewal.
    3. Notwithstanding anything to the contrary herein, this Agreement may be terminated by Adobe for failure of Customer to pay Adobe the Annual Support Fee if such failure to pay continues for ten (10) days after Adobe gives Customer written notice of such failure. Adobe may also terminate this Agreement if Customer materially breaches the terms of this Agreement and fails to cure such breach within thirty (30) days of written notice thereof, except that a material breach of any license granted to Customer in the terms of use or end user license agreement applicable to the Software shall be grounds for immediate termination.
    4. Customer acknowledges that Adobe has the right to discontinue the manufacture and development of any of the Software and the Support Services for any Software, including without limitation the distribution of older Software versions, at any time in its sole discretion, provided that Adobe agrees not to discontinue the Support Services for the Software during the current annual term of this Agreement, subject to the termination provisions herein. Adobe reserves the right to alter these Support Services from time to time, using reasonable discretion but in no event shall such alterations result in (i) diminished support from the level of support set forth herein; (ii) materially diminished obligations for Adobe; (iii) materially diminished rights of Customer, or (iv) higher Annual Support Fees during the then-current term. Adobe shall provide Customer with thirty (30) days prior written notice of any permitted material changes to these Support Services contemplated herein.
  5. Decommissioning.When buying Gold Support and the customer has multiple copies of one product, it is a requirement to purchase Gold Support on 100% of those licenses.  This prevents partial cover whilst holding several licenses of the same product, which could lead to support being refused if it is not identifiable which licenses have valid cover.  However, the customer may choose not to renew Gold Support on all the licenses of a particular product where it is no longer required and hence deemed no longer in use.
  6. Warranty and Disclaimer. Adobe will use commercially reasonable efforts to provide the Support Services in a professional manner, but Adobe cannot guarantee that every question or problem raised by Customer can or will be resolved. Nothing in this Agreement shall be construed as expanding or adding to the warranty for the Software set forth in the Product End User License Agreement and/or other applicable agreement with Adobe governing use of the software. EXCEPT 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 TO CUSTOMER IN ITS JURISDICTION, ADOBE MAKES, AND CUSTOMER RECEIVES, NO WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATED TO OR ARISING IN ANY WAY OUT OF THIS SERVICE AGREEMENT OR THE PROVISION OF MATERIALS OR SERVICES UNDER THIS AGREEMENT. ADOBE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  7. LIMITATION OF LIABILITY. IN NO EVENT SHALL ADOBE'S LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNTS PAID BY CUSTOMER FOR THE SUPPORT SERVICES ORDERED BY CUSTOMER FOR THE ANNUAL TERM IN WHICH THE LIABILITY AROSE. IN NO EVENT SHALL ADOBE HAVE ANY LIABILITY FOR ANY SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OF EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS, ARISING FROM OR RELATED TO THIS AGREEMENT UNDER ANY THEORY OF LIABILITY, WHETHER OR NOT ADOBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
  8. Additions. Any additional services added to this Service Agreement by written notice to Customer will be governed by the terms of this Service Agreement.
  9. General. Except as specifically allowed herein, this Service Agreement may not be assigned by Customer. Any assignment in violation of the foregoing shall be null and void. This Service Agreement supersedes 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 Service 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 Service 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 hereto. If any action at law or in equity is necessary to enforce the terms hereof, 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. Sections 5, 6, 7 and 8 shall survive expiration or earlier termination for any reason.

Adobe® Gold Support Program Service Agreement for CLP Purchases

This Agreement is between Adobe Systems Incorporated and Customer ordering the Adobe® Gold Support Program (“Support Program”), 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. The two Adobe entities shall be referred to collectively as "Adobe". Customer hereby agrees that the following terms and conditions shall govern the delivery of support services by Adobe to Customer under the Support Program with respect to applicable registered Adobe products (“Products”) licensed under the Adobe Contractual Licensing Program (“CLP Program”) and where indicated with respect to third-party products and technologies. Subject to Customer’s termination right as set forth in Section 5 below, ordering the Support Program indicates Customer’s acceptance of the terms and conditions contained in this Service Agreement. This Service Agreement is effective upon receipt and acceptance of Customer’s order by Adobe or by the authorized reseller from whom support is purchased (“Commencement Date”).

  1. Services.
    1. Adobe will provide Customer and the allotted authorized users “Technical Support Contacts” the support services (“Support Services”) described at adobe.com/support/programs/gold.html (the “Support Site”). Such descriptions, as may be amended from time to time, are deemed to be part of this Service Agreement. The Adobe software products and technologies for which Gold Support is available are listed on the Support Site. Gold Support is not available for all Adobe software products. Support Services will be delivered by a member of Adobe's technical support team to the Technical Support Contacts during the regional hours of operation as listed on the Support Site. Additional Technical Support Contracts may be purchased and registered as authorized users of the Support Program. Support is delivered in English only unless the Customer is in a location where localized support has been made available by Adobe.
    2. Customer shall have access to Adobe's eSupport services via remote computer access ("eSupport Services"). Should Customer choose to access the eSupport Services, Customer hereby grants permission to Adobe to access the Software, including any and all systems on which it 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; PROVIDED, HOWEVER ADOBE SHALL NOT BE LIABLE FOR ANY FAILURE TO PROVIDE SUPPORT SERVICES AS A RESULT OF CUSTOMER'S SECURITY SETTINGS AND MONITORING OF ADOBE'S ACCESS TO CUSTOMER'S SYSTEMS.
  2. Restrictions. Adobe may limit or terminate the Support Services being provided if Customer uses the Support Services in an abusive or fraudulent manner, as determined by Adobe in its reasonable discretion. Examples of such use include a high number of calls that concern previously resolved issues, repeated posing of questions to which the answer is readily found in the documentation, and discussion of issues that are not related to technical support. Resale or assignment is strictly prohibited and will be grounds for termination of this Service Agreement. Replacing an authorized user with a different Technical Support Contact is permitted so long as the contact is not the owner of the Support Program and the request is done in writing prior to providing Support Services to the new Technical Support Contact. Adobe will only provide Support Services for Products that are properly registered with Adobe as documented on the Support Site.
  3. Transfer of Ownership. Transfer of support is allowed when in conjunction with transfers of CLP Product licenses made in compliance with Customer’s CLP Program membership agreement. In such cases, transfer of support may be made under the following conditions; a) the active support program is transferred in conjunction with registered CLP products supported by the program; b) both the initial holder of the CLP product license and the transferee licensees complete and sign the Transfer of License documents per the CLP Program Guide; c) the transferee expressly binds itself in writing to the terms of this agreement. Support purchased for licenses acquired via the Student Licensing Program under the Adobe CLP program are not transferable by the Student.
  4. Exclusions. Adobe shall not be required to provide any Support Services relating to problems or issues arising out of or from (i) Customer’s use of the Products in a manner for which they were not designed; (ii) damage to the media on which the Products are provided or to the computer on which the Products are installed; (iii) Customer’s negligence, misuse, or modification of the Products; (iv) versions of Products other than the most recent version (e.g., 5.x) and one version back (e.g., 4.x), provided that Adobe shall also not be required to provide any Support Services for Products that are no longer listed on the Support Site as supported products; (v) third-party products and technologies not associated with network installation assistance as listed on the Support Site as supported technologies or (vii) conflicts related to replacing or installing hardware, drivers, and software that have not been Adobe certified.
  5. Term and Termination.

    1. Except for early termination as permitted herein, or except for instances where Customer has purchased support for different periods (i.e. 6 months, 18 months or 24 month) in order to be coterminous with support for Adobe software licensed under the CLP Program, this Service Agreement shall have a term of one year from the Commencement Date when purchased directly though an Adobe call center or one year from the 1st of the following month established by the Commencement Date when purchased from an Adobe on-line store or through the Adobe Open Options volume software licensing programs.
    2. Notwithstanding anything to the contrary herein, this Service Agreement may be terminated by Adobe for failure of Customer to pay Adobe the Annual Support Fee if such failure to pay continues for ten (10) days after Adobe gives Customer written notice of such failure. Adobe may also terminate this Service Agreement if Customer materially breaches the terms of this Service Agreement and fails to cure such breach within thirty (30) days of written notice thereof, except that a material breach of any license granted to Customer in the terms of use or end user license agreement applicable to the Software End User Licensing Agreement shall be grounds for immediate termination.
    3. Customer acknowledges that Adobe has the right to discontinue the manufacture and development of any of the Software and the Support Services for any Software, including without limitation the distribution of older Software versions, at any time in its sole discretion, provided that Adobe agrees not to discontinue the Support Services for the Software during the current annual term of this Service Agreement, subject to the termination provisions herein. Adobe reserves the right to alter these Support Services from time to time, using reasonable discretion but in no event shall such alterations result in (i) diminished support from the level of support set forth herein; (ii) materially diminished obligations for Adobe; (iii) materially diminished rights of Customer, or (iv) higher Annual Support Fees during the then-current term. Adobe shall provide Customer with thirty (30) days prior written notice of any permitted material changes to these Support Services contemplated herein.
  6. Support Activation . All Support Programs purchased from an Adobe on-line store or through the Adobe Open Options program must be activated by calling Adobe within thirty (30) days of the Commencement Date. Activation instructions and contact information can be found at http://www.adobe.com/go/supportactivation. Activation requires that the customer provides serial numbers of the licenses for which support was purchased and names of authorized contacts that will be using the support program. Upon activation, Adobe will send the customer a welcome letter outlining how to access Adobe person-to-person phone and eCase technical support. Adobe Support Programs that are not activated will expire one year from the Commencement Date as described in section five (5) above.
  7. Refund Policy. If a customer does not agree to these terms and conditions, a full refund of the annual fee may be requested within the first thirty (30) days after the Commencement Date so long as the customer has not activated the Support Program. Refund requests must be submitted to the Adobe authorized reseller from which the Support Program was purchased or submitted to Adobe if purchased directly from Adobe.
  8. Renewals. Gold support is paid up front for a one-year support term and is based on standard published pricing and discount tiers determined by the volume of licenses purchased under CLP. If purchased from an Adobe reseller (such as those reselling Adobe software licenses under the Adobe CLP program), pricing for Gold support is determined by such reseller. However, Customer may be able to avail itself of discounts based on the volume of product licenses that Customer has purchased. At time of renewal, the renewal price will be determined between Customer and an Adobe reseller or as set by standard published pricing. If additional licenses are purchased, the incremental new licenses may make Customer eligible to move into a higher discount level for support.
  9. Warranty and Disclaimer. Adobe will use commercially reasonable efforts to provide the Support Services in a professional manner, but Adobe cannot guarantee that every question or problem raised by Customer can or will be resolved. Nothing in this Service Agreement shall be construed as expanding or adding to the warranty for the Software set forth in the Product End User License Agreement or any other agreement with Adobe governing use of the software. EXCEPT 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 TO CUSTOMER IN ITS JURISDICTION, ADOBE MAKES, AND CUSTOMER RECEIVES, NO WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATED TO OR ARISING IN ANY WAY OUT OF THIS SERVICE AGREEMENT OR THE PROVISION OF MATERIALS OR SERVICES UNDER THIS SERVICE AGREEMENT. ADOBE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

  10. LIMITATION OF LIABILITY . ADOBE’S LIABILITY UNDER THIS SERVICE AGREEMENT IS LIMITED TO THE AMOUNTS PAID BY CUSTOMER FOR THE SUPPORT SERVICES ORDERED BY CUSTOMER. IN NO EVENT SHALL ADOBE HAVE ANY LIABILITY FOR ANY SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OF EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS, ARISING IN ANY WAY OUT OF THIS SERVICE AGREEMENT UNDER ANY THEORY OF LIABILITY, WHETHER OR NOT ADOBE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
  11. Additions. Any additional services added to this Service Agreement by written notice to Customer will be governed by the terms of this Service Agreement.

  12. General. Except as specifically allowed herein, this Service Agreement may not be assigned by Customer. Any assignment in violation of the foregoing shall be null and void. This Service Agreement supersedes 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. For Customers who are CLP Program Members, the governing law for this Service Agreement shall be the same as for Customer’s CLP program membership agreement. For non-CLP Customers, if Customer is a resident of the United States, Mexico, or Canada then (i) this Service 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 Service 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 hereto. If any action at law or in equity is necessary to enforce the terms hereof, 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. Sections 9, 10 and 11 shall survive expiration or earlier termination for any reason.

1. Platinum Maintenance and Support.

If Customer subscribes for Platinum Maintenance and Support for On-premise Software and pays the annual fee for Platinum Maintenance and Support as detailed in the applicable Sales Order (“Annual Support Fee”), Adobe shall provide the following Support Services:

1.1 Adobe will provide Customer technical support to ten (10) named Customer technical support contacts (“Customer’s Technical Support Contacts”). Customer may name additional technical support contacts if mutually agreed between Adobe and Customer in the applicable Sales Order.

1.2 Adobe will provide 24x7x365 prioritized, toll-free Support Services for the On-premise Software to be accessed by Customer’s Technical Support Contacts via telephone, e-mail and Adobe’s Support web site (currently http://www.adobe.com/support, the “Support Site”) for all critical and non-critical issues. Support Services are available in some additional languages in addition to English. Local language support, if offered, is available 9am-5pm Monday through Friday local time excluding national holidays and Adobe designated holidays. Outside of these hours, English language support is available.

1.3  Adobe will provide code corrections as required to correct On-premise Software malfunctions in order to bring the On-premise Software into substantial conformity with applicable Documentation.

(A) If Customer encounters a problem in the usage of the On-premise Software, Customer must 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 On-premise Software that causes it to not to operate in substantial conformity with applicable documentation, Adobe will use commercially reasonable efforts to provide a fix to Customer.

(B) Adobe may, at its sole discretion and from time to time, make Fix Releases for the On-premise Software generally available to users of the On-premise Software, and if so Customer shall be entitled to receive such Fix Releases.

(C) ADOBE DOES NOT GUARANTEE, REPRESENT OR WARRANT CONSULTATION RESULTS, IDENTIFICATION OF ALL VIRUSES, OR THAT ALL ERRORS AND BUGS WILL BE CORRECTED.

1.4 Customer shall have unlimited access to Adobe’s on-line support facility on the Support Site or any successor site.

1.5 Customer shall have access to Adobe’s eSupport services via remote computer access.

(A) If Customer chooses to access such services, Customer grants permission to Adobe to remotely access the On-premise Software from an external computer controlled by Adobe, including any and all of Customer’s systems on which the On-premise Software resides, for the sole purpose of providing Support Services to Customer.

(B) CUSTOMER ACKNOWLEDGES THAT IT MAY CONTROL ALL ADOBE ACCESS TO THE ON-PREMISE SOFTWARE AND TO CUSTOMER’S SYSTEMS BY SELECTING A “HIGH” SECURITY SETTING AND MONITORING ALL SUCH ACCESS.

1.6  The priority or severity of each Service Request will be established based on Adobe's published case priority definitions which are  currently available on the Support Site, at http://www.adobe.com/support/programs/policies/sla.html. 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; and

(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 On-premise Software), replacement deliveries or any other type of software or documentation corrections or modifications.

(D) Each party acknowledges that despite a party's reasonable efforts, not all problems may be solvable. Processing time for Adobe starts from the date and time when the Adobe Support team 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 Support organization.

1.7  During periods of time that Customer subscribes to Platinum Maintenance and Support, Adobe shall provide Maintenance to Customer, at no additional charge. The provision of Maintenance includes all Upgrades for the On-premise 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 On-premise Software product shall continue for a period of time that upgrades for such version of the product are generally made available to customers of Adobe. Any Fix Releases provided to Customer will only be for the current version of each On-premise Software product.

2. Software License for Upgradesand Updates. Customer acknowledges that any and all releases provided by Adobe, whether Fix Releases, or new or Upgrade copies of the complete On-premise Software are for replacement of the copies of the On-premise Software previously licensed to Customer and are not provided as additional copies. Copies of the On-premise Software that are replaced must be destroyed. Notwithstanding the foregoing, the use of any Upgrade provided hereunder shall be governed by the updated license use and restriction terms in the applicable end user license agreement, if any. Customer’s receiving any Fix Releases, updates or Upgrades shall not increase the number of copies of the On-premise Software licensed to Customer.

3. Support Fee/ Initial Term and Renewals.

3.1 Term. The initial term for Platinum Maintenance and Support is one (1) year, unless otherwise provided in the Sales Order (the "Initial Term"). If Adobe makes renewals for Platinum Maintenance and Support available to its customers generally, Adobe will provide Customer with a renewal reminder in advance of expiration of the then-current term for Maintenance and Support Services, so that Customer can order a further one year period for Platinum Maintenance and Support. Renewal terms after the Initial Term are optional, unless provided otherwise in a Sales Order. If Customer desires to renew, Adobe shall invoice Customer for the next renewal term. If Platinum Maintenance and Support lapses, Customer may be subject to additional fees, to cover the lapsed period, prior to the reinstatement of Platinum Maintenance and Support.

3.2 Renewals. Customer may elect to renew Platinum Maintenance and Support for any On-premise Software, provided Platinum Maintenance and Support is generally made available by Adobe for the that version of On-premise Software then held by Customer. If Customer so elects, the renewal Annual Support Fee is determined as follows:

(A) For the first renewal term, the initial Annual Support Fee increased by three percent (3%),

(B) For the second through the fourth renewal terms, the Annual Support Fee for the immediately preceding renewal term increased by three percent (3%), and

(C) For the fifth and subsequent renewal term(s), the lesser of twenty percent (20%) of the then-current list price for the Software or the Annual Support Fee for the immediately preceding renewal term increased by the applicable Consumer Price Index (CPI), for the twelve-month period preceding the renewal date, however, in no event shall the amount be less than the Annual Support Fee paid for the prior year for the On-premise Software covered by the applicable renewal.

4. Right to Discontinue or Modify Support Services. The Adobe software for which Platinum Maintenance and Support is available is listed at https://www.adobe.com/support/programs/policies/policy_enterprise_lifecycle.html. Customer acknowledges that Adobe has the right to discontinue the manufacture and development of any of the On-premise Software and the Support Services for that Software, including the distribution of older On-premise Software versions, at any time in its sole discretion, provided that Adobe agrees not to discontinue the support for that On-premise Software during the then current annual term of this Agreement, subject to the termination provisions herein. If Adobe discontinues the manufacture and support for particular On-premise Software, Support Services for any remaining On-premise Software covered by this PDM during the same annual period shall not be adversely affected; provided however, Adobe reserves the right to alter the Support Services, from time to time, using reasonable discretion but in no event shall such alterations made during the then current annual term 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. ExtendedSupport. If the version of an On-premise Software product licensed by Customer reaches end of life, Customer may elect to purchase extended support (“Extended Support”) for a maximum period of another two (2) years from the end of life date, provided that Extended Support is available for that version of the Software. If Customer elects to purchase Extended Support, the Annual Support Fee for the first year will be an additional 25% of the Annual Support Fee for the then-current renewal term. If Extended Support is renewed, the renewal fee will be the Annual Support Fee paid for the prior year increased by the applicable Consumer Price Index (CPI) for the twelve-month period preceding the renewal date.

6. Decommissioning. When buying Platinum Maintenance and Support and Customer has multiple copies of one Adobe product, if Customer chooses at its option to renew Platinum Maintenance and Support, Customer must purchase Platinum Maintenance and Support on one hundred percent (100%) of those licenses. If Customer wishes to renew Platinum Maintenance and Support on a lesser number of licenses, Customer must secure written approval from Adobe and will be subject to Adobe’s policies on documenting decommissioned licenses.

7. Additional Definitions.

a. "Fix Release" means releases designated by Adobe as third digit releases (e.g., 4.2.2 to 4.2.3). Fix Releases are not considered upgrades for the purposes of this Agreement, and must be requested by Customer.

b. "Service Request" means an error or question reported to Adobe by one of Customer’s Technical Support Contacts based on a material failure of the On-premise Software to conform to the Documentation.

c. "Upgrade" means those versions of the On-premise Software products that Adobe, at its discretion, deems to be logical improvements or extensions to the On-premise 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).

8. Unless otherwise defined herein, capitalized terms will have the meanings ascribed to them in the General Terms.

Technical Solution Management

1. TSM. If Customer subscribes to TSM for On-premise Software and pays the TSM fee detailed in the applicable Sales Order (“Support Fee”), Adobe will provide the following TSM Services:

1.1 Augment the number of named technical support contacts provided in customer’s support agreement to a maximum of five (5) named technical support contacts

1.2 Provide access to a team of designated contacts for the management of technical support issues.

1.3 Monitor complex or critical issues, and work closely with the Technical Support Managers for proper escalation.

1.4 24X7 support service responses for critical issues affecting eligible software products. This means Adobe will provide support for the applicable software products beyond the times mentioned in applicable Adobe technical support TSM. Response time objectives are:

Priority Severity* Response Time
1 Critical 30 minutes: 24/7
2 Urgent 1 business hour
3 Important 2 business hours
4 Minor 1 business day

*Severity definitions are as provided in the terms and conditions for Adobe technical support (Gold or Platinum).

1.5 For Priority 1 critical case requests, the response time will be thirty (30) minutes from the time Customer contacts Adobe. Customer will:

(A) Initiate all critical case requests via telephone,
(B) Reproduce the alleged error, and
(C) 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.
(a) In the event Customer does not fulfill these terms, Adobe, in its sole discretion, may downgrade the priority level of the case.

1.6 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 charged for travel and living expenses.

2. Term. The period of time covered by TSM is a period of 12 months, provided that the underlying Adobe support is also valid until that date, or as otherwise provided in the applicable Sales Order. Thereafter, provided that Customer still subscribes to Adobe support, Customer has the option to renew TSM for additional twelve (12) month periods at the then-current annual TSM fee.

3. Supported Products. Not all Adobe products are eligible for TSM. Adobe will confirm the eligibility of an Adobe product upon Customer request.

Enterprise Support Addendum

  1. Adobe will provide Support during the License Term under the following terms and conditions:

    1.1. Adobe will provide support services for the OnPremise Software specifically identified in the Sales Order for issues 24 hours a day, 7 days a week. Adobe will provide Customer technical support to Customer’s 10 nominated enterprise administrators (“Enterprise Administrators”). Support for the Products and Services is delivered in English only, unless the Customer is in a location where localized support has been made available by Adobe.

    1.2. Customer will have access to Adobe's eSupport services via remote computer access ("eSupport Services"). Should Customer choose to access the eSupport Services, Customer hereby grants permission to Adobe to access the OnPremise Software, including any and all systems on which it resides, for the sole purpose of providing Support for the Products and 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; PROVIDED, HOWEVER ADOBE WILL NOT BE LIABLE FOR ANY FAILURE TO PROVIDE SUPPORT FOR THE PRODUCTS AND SERVICES AS A RESULT OF CUSTOMER'S SECURITY SETTINGS AND MONITORING OF ADOBE'S ACCESS TO CUSTOMER'S SYSTEMS.

    1.3. Adobe will provide to Customer any Upgrades that become available during the License Term for the OnPremise Software licensed under this Agreement. “Upgrades” mean those versions of the OnPremise Software that Adobe, at its discretion, deems to be logical improvements or extensions to the OnPremise Software and that have been released for general commercial distribution. Installation of any particular Upgrades or fix releases will be at Customer’s option. 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 considered as fix releases. Fix releases provided to Customer pursuant to this Support Addendum for the Products and Services will only be for the current version of each OnPremise Software.

    1.4. After an issue is initially reported, target response times for the technical support are as follows: Critical (Priority 1): 30 minutes; Urgent (Priority 2): 2 hours; Important (Priority 3): 4 hours Minor (Priority 4): 1 business day. The Enterprise Administrator reporting the issue will assign the priority level when reporting the issue.

    1.5. For Creative Cloud for Enterprise only: Customer’s Enterprise Administrators may schedule “Expert Services Appointments” consisting of up to thirty (30) minutes of telephone advice regarding Creative Cloud product flows and best practices, designed for end users.

  2. Restrictions. Resale is strictly prohibited. Replacing an authorized user with a different Enterprise Administrator is permitted so long as the request is done in writing prior to providing Support for Creative Cloud for Enterprise to the new Enterprise Administrator.
  3. Exclusions. Adobe will not be required to provide any Support for the Products and Services relating to problems or issues arising out of or from (i) Customer’s use of the Products and Services in a manner for which it was not designed; (ii) Customer’s negligence, misuse, or modification of the OnPremise Software; (iv) versions of OnPremise Software other than the most recent version (e.g., 5.x) and one version back (e.g., 4.x), provided that Adobe will also not be required to provide any Support for OnPremise Product versions that are no longer listed on the Support site as supported products; (v) third-party products and technologies not associated with network installation assistance as listed on the Support site as supported technologies or (vii) conflicts related to replacing or installing hardware, drivers, and software that have not been Adobe certified.
  4. Term and Termination. Customer acknowledges that Adobe has the right to discontinue the manufacture and development of any of products included as part of the Products and Services and Support for the same Products and Services at any time in its sole discretion, provided that Adobe agrees not to discontinue the Support during the License Term, subject to the termination provisions of the Agreement. Adobe reserves the right to alter the terms under which it provides Support for Products and Services from time to time, using reasonable discretion but in no event will such alterations result in (i) diminished support from the level of support set out herein during the License Term; (ii) materially diminished obligations for Adobe; or (iii) materially diminished rights of Customer during the License Term. Adobe will provide Customer with thirty (30) days prior written notice of any permitted material changes to the Support contemplated herein.
  5. Warranty and Disclaimer. Adobe will use commercially reasonable efforts to provide the Support for the Products and Services in a professional manner, but Adobe cannot guarantee that every question or problem raised by Customer can or will be resolved. Nothing in this Addendum for Support for the Products and Services will be construed as expanding or adding to the warranty for the OnPremise Software set out in the OnPremise Software, PDM and/or other applicable agreement with Adobe governing use of the software. EXCEPT 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 TO CUSTOMER IN ITS JURISDICTION, ADOBE MAKES, AND CUSTOMER RECEIVES, NO WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATED TO OR ARISING IN ANY WAY OUT OF THIS SUPPORT ADDENDUM FOR THE PRODUCTS AND SERVICES OR THE PROVISION OF MATERIALS OR SERVICES UNDER THIS SUPPORT ADDENDUM FOR THEPRODUCTS AND SERVICES. ADOBE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.