1. Home
2. Support
3. Programs
4. Policies

Adobe Support Policies: Terms and Conditions

Terms and Conditions of Support Plan Offerings for Customers

• Adobe® Bronze Support Program Service Agreement
• Adobe® Gold Support Program Service Agreement for CLP Purchases
• Standard, Premium and Advanced Service Agreement for Day Products
• Advantage Support Program Service Agreement
• Enterprise Solution Management (ESM) Program Service Agreement

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.

   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: Monday – Friday 09:30 – 17:00 GMT/CET.

   Bronze Support is sold in single or multiple incident packs.

   Unused incidents expire one (1) year from date of purchase.

   Incidents may be used by multiple users, although, each contact with a new incident as described in Section 2 will count towards decrementing the multi-pack.

   Incidents may be used with any Adobe product for which Bronze Support is available. Bronze Support is not available for all Adobe software products.

   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 this agreement. Adobe will only provide Support Services for Products that are properly registered with Adobe. 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 (www.adobe.com/support) 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. Except for early termination as permitted 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, 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.
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 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 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 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. Support Services will be delivered by a member of Adobe's technical support team to up to three allotted authorized users (“Technical Support Contacts”) during the regional hours of operation: Monday – Friday 09:00 – 17:00 GMT/CET.

      Additional Technical Support Contracts may be purchased separately and registered as authorized users of the Support Program.

      Unlimited support incidents may be logged via Phone and Web contact channels during the term of service purchased.

      Incidents may be used with any Adobe product for which Gold Support is available. Gold Support is not available for all Adobe software products.

      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.
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 (www.adobe.com/support) 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 1 st 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. If 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.

STANDARD, PREMIUM AND ADVANCED SERVICE AGREEMENT FOR DAY PRODUCTS

This Agreement is between Adobe Systems Incorporated and Customer ordering the Adobe® 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"). Subject to Customer's termination right as set forth in Section 9 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"). Certain capitalized terms set forth herein shall have the meanings set forth in the applicable Software Agreement.

1. Definitions.
   "Authorized Support Contact" means Customer personnel registered with Adobe's technical support organization and authorized by Customer to submit Support Requests to, and work with, Adobe's technical support personnel. To qualify as an Authorized Support Contact, a person must be appropriately trained on the use and administration of the Software.
   
   "Defect" means any substantial and reproducible failure of the Software to conform with the Specifications.
   
   "Incident" means any Defect or other problem with the Software. Feature enhancements do not qualify as Incidents.
   
   "Support" means Updates and Technical Support as described in this Service Agreement.
   
   "New Release" means a release of the Software which consists of a new version with enhancements, added functionality or new features, typically denoted by a change to the number to the left of the first decimal point (e.g., a change from 3.x to 4.x), for which Adobe charges its customers who receive Maintenance services.
   
   "Order" or "Purchase Order" means the initial order document and any future order (in any form) that is approved by both parties in writing.
   
   "Response SLA" means the elapsed time from Adobe's receipt of a properly documented Support Request for an Incident from an Authorized Support Contact to Adobe's assignment of an appropriately qualified engineer to work on the Incident.
   
   "Software" means the object code version of the software identified in the Software Agreement together with all Updates thereto. The term "Software" does not include (i) software modules or other software that may be included in Adobe's electronic delivery of the Software but not identified in the Software Agreement, or (ii) any open source or other third-party software included with Adobe's electronic delivery of the Software.
   
   "Specifications" means the technical specifications of the Software set forth in the Documentation. "Support Request" means the complete report of any Incident and request for Technical Support in accordance with this Service Agreement using Adobe's online incident tracking system.
   
   "Target Resolution SLA" means the elapsed time from Adobe's receipt of a properly documented Support Request for an Incident from an Authorized Support Contact to Adobe's resolution of the Incident; provided, that Customer hereby acknowledges and agrees that Adobe shall be obligated to take commercially reasonable efforts to resolve all Incidents and no guarantee can be given that all Incidents will be resolved within the Target Resolution SLAs.
   
   "Technical Support" means Adobe's web-based and telephone technical support for the Software as described in this Service Agreement.
   
   "Updates" mean, without limitation, all updates, upgrades, bug fixes, patches, and error corrections to, and minor and major releases of, the Software that Adobe makes generally available to its customers purchasing Maintenance as further described in this Service Agreement, whether such Updates were provided prior to the date of this Service Agreement or are provided as part of this Service Agreement.
2. Updates.
   Provided that Customer is current on its Support Services fee payments to Adobe, Adobe shall make available to Customer all Updates that Adobe makes generally available to its customers. Adobe will notify Customer from time to time as Updates become available. Such Updates will become part of the "Software" as that term is used in this Service Agreement and the applicable Software Agreement, when the Updates are made available to Customer by Adobe. Customer shall be responsible for all aspects of installing the Updates on its servers, including the cost of installing such Updates, scheduling the installation of such updates and providing the personnel to perform the installation. As part of providing Updates, Adobe will also make available to Customer any updates to third-party software that is (i) necessary for the operation of the Software, and (ii) provided by the third-party licensor thereof for no additional fee. Adobe makes no representation or warranty that there will be any particular number of Updates during the Maintenance term.
3. Technical Support.
   Provided that Customer is current on its Maintenance fee payments to Adobe, Adobe shall make the following Technical Support available for diagnosing and troubleshooting Incidents reported in Support Requests. After receiving each Support Request, Adobe will provide Customer with a recommended course of action which could include proceeding in good faith and with Customer's cooperation to attempt to resolve the Incident, or, recommending that Customer seek additional professional services for the matter due to the fact that it is outside the scope of Adobe's Technical Support services.
   
   Customer has the option of choosing among and paying for three different Technical Support levels: Standard, Advanced and Premium. The Technical Support level chosen and the applicable Maintenance fee payment that applies to that Technical Support level by Customer will be set forth in the Order.
   
   3.1. Standard. Standard Support includes Web-based only technical support through Adobe's customer portal, during regular business hours, excluding holidays observed by Adobe.
   
   3.1.1. Response SLAs. The following initial Response SLAs apply for Standard Support: (i) within four business hours for "critical" severity Incidents, (ii) within 36 hours for "high" severity Incidents, and (iii) within 48 hours for "low" severity Incidents.
   
   3.1.2. Target Resolution SLAs. Under Standard Support, the following Target Resolution SLAs apply: (i) within 48 hours for "critical" severity Incidents, (ii) within 5 days for "high" severity Incidents, and (iii) with the New Release of the Software for "low" severity Incidents.
   
   3.1.3. Authorized Support Contacts. Under Standard Support, Customer may have up to two Authorized Support Contacts.
   
   3.2. Advanced. Advanced Support includes (i) Web-based technical support through Adobe's customer portal, and (ii) telephone support 24 hours a day, 7 days a week, 365 days a year (24x7x365).
   
   3.2.1. Response SLAs. The following initial Response SLAs apply for Advanced Support: (i) within four business hours for "critical" severity Incidents, (ii) within 36 hours for "high" severity Incidents, and (iii) within 48 hours for "low" severity Incidents.
   
   3.2.2. Target Resolution SLAs. Under Advanced Support, the following Target Resolution SLAs apply: (i) within 48 hours for "critical" severity Incidents, (ii) within 5 days for "high" severity Incidents, and (iii) with the New Release of the Software for "low" severity Incidents.
   
   3.2.3. Authorized Support Contacts. Under Advanced Support, Customer may have up to four Authorized Support Contacts.
   
   3.3. Premium. Premium Support includes (i) Web-based technical support through Adobe's customer portal, and (ii) telephone support 24 hours a day, 7 days a week, 365 days a year (24x7x365).
   
   3.3.1. Response SLAs. The following initial Response SLAs apply for Premium Support: (i) within two hours for "critical" severity Incidents, (ii) within 24 hours for "high" severity Incidents, and (iii) within 36 hours for "low" severity Incidents.
   
   3.3.2. Target Resolution SLAs. Under Premium Support, the following Target Resolution SLAs apply: (i) within 24 hours for "critical" severity Incidents, (ii) within three days for "high" severity Incidents, and (iii) with the New Release of the Software for "low" severity Incidents. 3.3.3. Authorized Support Contacts. Under Premium Support, Customer may have up to four Authorized Support Contacts.
   
   3.4. Determination of Severity Levels. Incident severity levels are used to define the impact that an Incident is having on Customer's operations. Customer should include its assessment of the severity level of the Incident in its initial Support Request related to the Incident so that Adobe will be able to perform an appropriate evaluation. Adobe will assign the final priority level to the Incident based in part on Customer's severity level assessment. The following guidelines apply for purposes of assessing the severity level of each Incident:
   
   Low level severity is (i) where the Software is usable, but does not provide a function in the most convenient manner; or (ii) a minor problem with the Software or a Software documentation error.
   
   High level severity is a detrimental situation with the Software (and no workaround to the problem is available) where (i) Software performance degrades substantially under reasonable loads causing a severe impact on use of the Software, (ii) the Software is usable but such use is materially incomplete, or (iii) one or more mainline Software functions or Software commands is inoperable.
   
   Critical level severity is an emergency production situation where the Software is totally inoperable or fails catastrophically and there is no workaround.
   
   3.5. Limitations. Technical Support is not appropriate in connection with and does not include (i) Customer's failure to incorporate any Update, (ii) unauthorized modifications, customizations, additions or extensions to or of the Software, (iii) feature enhancements or other circumstances where professional services will be more appropriate, (iv) situations where Customer has not otherwise complied with its obligations under the applicable Software Agreement or this Service Agreement, (v) situations where the Software is being used in combination with any other software that it is not intended to be operated or be used with, or (vi) Incidents caused by Customer's negligent use of the Software. Customer is responsible for backing up its data and Adobe has no responsibility hereunder for making any backups of Customer's data.
4. General Terms and Conditions. The following general terms and conditions apply to Adobe's Maintenance obligations hereunder.
   
   4.1. Submission of Support Requests. All Support Requests must be submitted via Adobe's online Technical Support Incident tracking system, which is a part of the Customer Portal by an Authorized Support Contact. Adobe does not respond to Support Requests submittal by e-mail. Customer is responsible for providing all reasonable information requested by Adobe when submitting a Support Request.
   
   4.2. Telephone Reporting of Critical Incidents. All "critical" Incidents under Advanced Support or Premium Support must be reported to Adobe by telephone (number to be provided by Adobe) in addition to the required web-based submission of each Support Request.
   
   4.3. Customer Cooperation. Customer agrees to provide reasonable cooperation to Adobe to the extent necessary for Adobe to perform its Technical Support. Such cooperation shall include providing Adobe access to Customer's personnel and remote access to Customer's network and environment where the Software is running.
   
   4.4. Availability of Authorized Contact. Customer must ensure that an Authorized Support Contact is available, on-demand, to help diagnose related problems in Customer's network, servers, operating systems, databases and other related applications. Furthermore, Adobe requires that Customer has reasonable support agreements in place for their production system's underlying network products and providers, server hardware, operating system, databases and other running applications. Adobe technical support personnel working on critical Incidents may need to collaborate with Customer's hardware, software and service vendors to isolate the exact cause of an Incident. Additionally, Adobe requests that Customers have an established and tested backup and recovery process in place.
   
   4.5. English Only. Adobe offers Technical Support in English only. Adobe may provide Technical Support in other languages but does not guarantee it.
   
   4.6. Software Version. Adobe's obligations with respect to Maintenance services are expressly conditioned upon the installation and use by Customer of either: (i) the most current version of the Software; or (ii) the immediately preceding New Release, for a period of twelve (12) months after the most current New Release is made available to the Customer.
5. Programs
   The Program(s) (as defined in the applicable Software Agreement) are licensed to Customer for use subject to all the terms and conditions of the applicable Software Agreement, including without limitation disclaimers of warranties and limitation of liabilities. Cus¬tomer agrees and acknowledges that any and all new or upgraded copies of the complete Program(s) provided hereunder are for re¬placement of the copies of the Program(s) previously licensed to Customer under the applicable Software Agreement and are not provided as additional copies. Copies of the Program(s) that are replaced must be destroyed. Nothing in this Service Agreement shall be construed as increasing the number of copies of Program(s) licensed to Customer.
6. Initial Term and Renewals/Annual Support Fee
   a) Initial Term and Renewals. Adobe shall provide the above Support Services under this Service Agreement for a term of one (1) year from the date of delivery of the Program(s) from Adobe, unless otherwise stated (the "Initial Term"), provided that the Program(s) will not reach End of Life before the end of that term. Adobe will provide Customer with a renewal reminder in advance of expiration of the then-current term for Support Services, so that Customer can order a further one year period for Support Services. Upon receiving Customer's order Adobe shall invoice Customer for the next renewal term to Customer.
   
   Notwithstanding the above, Adobe's obligations under this Service Agreement will automatically end on the day on which the Program Version(s) actually licensed by Customer reach(es) End of Life.
   
   b) Initial Annual Support Fee. The Annual Support Fee for the Initial Term ("Initial Annual Support Fee") shall be a percentage of the total price paid or payable for the Program(s) under the applicable Software Agreement, such percentage to be set out in the applicable Software Agreement.
   
   c) Annual Support Fee for Renewals. If Customer elects to renew Support Services for any Commercial Adobe Software licensed hereunder, provided that version of software then held by Customer has not been end-of-lifed, the term "Annual Support Fee" as used in this Service Agreement means, (i) for the Initial Term, the Annual Support Fee established at time of first purchase, (ii) for the first through the fourth renewal term, if so renewed, the Annual Support Fee increased by three percent (3%) or the Consumer Price Index (CPI) for the 12-month period preceding the renewal date, whichever is less, (iii) and for the fifth and subsequent renewal term(s), the lesser of the Annual Support Fee percentage as set out in the applicable Software Agreement of the then-current List Price for the software or the Annual Support Fee for the immediately preceding renewal term increased by the applicable CPI for the 12-month period preceding the renewal date. If (a) the Support Services are not renewed prior to, or concurrently with, the expiration thereof and (b) Customer elects to reinstate Support Services subsequent to such expiration, then, in addition to any applicable Product license fees, Customer will be responsible for paying the Support fees otherwise payable for the lapsed period and a reinstatement fee prior to the reinstatement of Support Services.
7. Payment
   All payments due under this Service Agreement shall be paid in the currency of and to the bank account referenced in the invoice and are due thirty (30) days from the date of invoice.
8. Right to Discontinue or Modify Support Services.
   a) Right to Discontinue Services. Customer acknowledges that Adobe has the right to discon¬tinue the manufacture and development of any of the Programs and/or the Support Services for any of the Programs, including without limitation the dis¬tribution of older Program versions, at any time in its sole discre¬tion, provided that Adobe agrees not to discontinue the Support Services for that Program during the current annual term of this Service Agreement, subject to the termination provisions herein. This Service Agreement shall not automatically renew if Adobe discontinues Support Services for all of the Program(s) covered by this Service Agreement. Notwithstanding the foregoing, if Adobe discontinues the manufacture, development and Support Services for a particular Program, Support Services for any remaining Program(s) covered by this Service Agreement shall not be adversely affected.
   
   b) Right to Modify Services. 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 (i) diminished support from the level of support set forth herein; (ii) materially diminished obliga¬tions for Adobe; or (iii) materially diminished rights of Customer. Adobe shall provide Customer with sixty (60) days prior written notice of any permitted material changes to the Support Services contem¬plated herein.
9. Termination for Cause
   a) Termination for Failure to Pay. Notwithstanding anything to the contrary herein, Adobe may terminate this Service Agreement immediately upon written notice in the case of non-payment of support fees owed by Customer under this Service Agreement for more than thirty (30) days.
   
   b) Termination for Material Breach. Either party may terminate this Service Agreement immediately upon written notice given at least thirty (30) days after such party gives the other written notice of a material breach by the other party of any term or condition of this Service Agreement unless the breach is cured before that day.
   
   c) Termination for Insolvency. Adobe may terminate this Service Agreement immediately upon written notice if Customer shall become insolvent or if it applies for the opening of insolvency proceedings or similar proceedings or if such proceedings are opened or if such application has been rejected for lack of assets. Customer shall notify Adobe immedi¬ately if one of the foregoing events occurs.
10. Limitation of Liability
    ADOBE DOES NOT GUARANTEE, REPRESENT OR WARRANT CONSULTA¬TION RESULTS, IDENTIFICATION OF ALL VIRUSES, OR THAT ALL ER¬RORS AND BUGS WILL BE CORRECTED. ADOBE DISCLAIMS ALL WAR¬RANTIES AND CONDITIONS NOT EXPRESSLY SET OUT IN THIS SERVICE AGREEMENT, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADOBE OR ITS LICENSORS SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR LEGAL THEORY, TORT (INCLUDING NEGLI¬GENCE), CONTRACT OR OTHERWISE FOR ANY LOST PROFITS, LOST DATA OR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, INDIRECT, PU¬NITIVE OR SPECIAL DAMAGES ARISING OUT OF OR RELATING TO THIS SERVICE AGREEMENT EVEN IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. 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 SERVICE AGREEMENTEXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO ADOBE FOR THE SUPPORT SERVICES IN THE ANNUAL SUPPORT TERM IN WHICH SUCH LIABILITY AROSE.

Advantage Support Program Service Agreement

The following sets forth the terms and conditions under the Advantage Support Program:

1. Services.

   1. The technical support services provided by Adobe to a customer who has purchased Advantage Support, when customer has also purchased Adobe Support, are to:

      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.
      2. Provide access to a team of designated contacts for the management of technical support issues.
      3. Monitor complex or critical issues, and work closely with the Technical Support Managers for proper escalation.

      4. 24X7 support service responses for critical issues affecting eligible software products. This means Adobe shall provide support for the applicable software products beyond the times mentioned in Adobe Support agreement. 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 Support.

   2. For Priority 1 critical case requests, the response time shall be thirty minutes from the time customer contacts Adobe. Customer shall:

      1. Initiate all critical case requests via telephone.
      2. Reproduce the alleged error.
      3. 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 fulfill these terms, Adobe, in its sole discretion, may downgrade the priority level of the case.

   3. 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 Advantage Support is a period of 12 months, provided that the agreement and Adobe Support is valid until that date. Thereafter, provided that the customer still subscribes to Adobe Support, customer has the option to renew Advantage Support for additional twelve (12) month periods at the then-current annual fee which customer can obtain from an authorized reseller of Adobe software and support programs.

3. Fees.

   The annual fee for customer for Advantage Support is as agreed between customer and the Adobe channel entity from which customer orders Advantage Support.

4. Supported Products.

   The Adobe software being licensed by customer under its support agreement can be registered under Advantage Support provided they are eligible for the same.

5. General.

   The support enhancements hereunder shall be governed generally by the terms applicable to Adobe Support, except as specifically modified by these terms.

Enterprise Solution Management (ESM) Program Service Agreement

Under the Enterprise Solution Management (ESM) Program, Adobe will provide customer the following services during the program term:

1. Services.

   1. A designated Solution Account Manager ("SAM").
   2. Orchestration and facilitation by the SAM of Adobe technical resources as needed. Your SAM will facilitate the interactions between these technical resources to enable a holistic approach to solution deployment and management, effective and timely communication across Adobe and customer teams, proactive identification and resolution of emerging issues, and effective prioritization of efforts by considering business impact and support priorities.
   3. A customer-specific account plan that sets out your business objectives, technical services priorities, and a strategic plan to meet your objectives.
   4. Maintaining an understanding/ awareness of Adobe engagement within the account and act as a liaison between customer and other Adobe departments as required.
   5. Twelve (12) days of on-site attendance by the SAM ("Site Visit") during the 12 month term. When requested, and until 12 days have been delivered, Site Visits will be once per month and will not exceed 3 days duration. All travel and living expenses associated with the Site Visit shall be paid for by Adobe. Customer acknowledges and agrees that the Site Visit cannot be carried over to subsequent renewal terms; additional on-site days can be purchased for a fee.
   6. Regular account reviews, scheduled as reasonably determined by the SAM and customer; account reviews may be held remotely or during Site Visits.
   7. Escalation management for Critical requests (as further referred to in the section below).
   8. Proactive communication on relevant/ covered product releases, where available.

2. Technical Support.

   1. Gold Advantage or Platinum Advantage program services are included in the ESM program fee. The technical support services provided to customer as part of the Advantage program are to:

      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.
      2. Provide access to a team of designated contacts for the management of technical support issues.
      3. Monitor complex or critical issues, and work closely with the Technical Support Managers for proper escalation.

      4. 24X7 support service response for critical issues affecting eligible software products. This means Adobe shall provide support for the applicable software products beyond the times mentioned in the Adobe Support agreement. 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 Support.

   2. For Priority 1 critical case requests, the response time shall be thirty minutes from the time customer contacts Adobe. Customer shall:

      1. Initiate all critical case requests via telephone.
      2. Reproduce the alleged error.
      3. 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 fulfill these terms, Adobe, in its sole discretion, may downgrade the priority level of the case.

   3. 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.

3. Term.

   The period of time covered by Advantage Support is a period of 12 months, provided that the agreement and Adobe Support is valid until that date. Thereafter, provided that the customer still subscribes to Adobe Support, customer has the option to renew Advantage Support for additional twelve (12) month periods at the then-current annual fee.

4. Fees.

   The annual fee for customer for Advantage Support is as agreed between customer and the Adobe channel entity from which customer orders Advantage Support.

5. Supported Products.

   The Adobe software being licensed by customer under its support agreement can be registered under Advantage Support, provided they are eligible for the same.

6. General.

   The support enhancements hereunder shall be governed generally by the terms applicable to Adobe Support. Upon full execution, customer will provide its purchase order for the support enhancements above and for the fees listed. Payment terms shall be in accordance with the base support agreement. This ESM agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument.