The optional programs announced under the Adobe Support Policy are available today but for existing customers will take effect at the time of your next maintenance and support contract renewal. Adobe will continue to communicate a minimum of 12 months in advance when a product is reaching the end of its support lifecycle. In the interim, your existing Maintenance and Support contract(s) will remain in effect and unchanged.
Please work with your Adobe account representative for details regarding the annual support fee. Ongoing Maintenance and Support is also available to you under the following conditions:
Renewals. When renewing Maintenance and Support for any Commercial Adobe Software products listed on Adobe's product list, provided that version of software has not been end-of-lifed, the Annual Support Fee shall be, (i) for the Initial Term, the Annual Support Fee established during the initial purchase, (ii) for the first renewal term, if so renewed, the Annual Support Fee established by the initial purchase increased by three percent (3%), (iii) for the second through the fourth renewal terms, if so renewed, the Annual Support Fee for immediately preceding renewal term increased by three percent (3%), (iv) and for the fifth and subsequent renewal term(s), the lesser of 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 12-month period preceding the renewal date.
Extended support. If the version of a Program licensed by Customer will reach End of Life as defined in Section 1 e) above, Customer may elect to purchase 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 Program. Information about Programs that have been or soon will reach End of Life and Extended Support availability dates by product version are published on Adobe's website at www.adobe.com/support. If Customer elects to purchase Extended Support, the Annual Support Fee for the first year and or the renewal (second year), shall be an additional 25% of the Annual Support fee for the current renewal term.
If extended support is renewed, the renewal fee would be the Annual Support Fee paid for the prior year increased by the applicable Consumer Price Index (CPI)*, for the 12-month period preceding the renewal date. Should Customer upgrade to the next major version of the Software (e.g., upgrade from 4.0 to 5.0), the Annual Support Fee for the upgraded version shall be the lesser of twenty percent (20%) of the then current list price of the license fee for such upgraded version, or the Annual Support Fee for the last renewal prior to renewing under Extended Support increased by the applicable Consumer Price Index (CPI)*, for the 12-month period preceding the renewal date.
* for the USA and Mexico, CPI is as published by the United States Department of Labor, Bureau of Labor Statistics. For Canada, CPI is as published by the Bank of Canada
- 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"). This Agreement will automatically renew for subsequent one (1) year terms unless one party provides other party with written notice of its desire not to renew at least thirty (30) days before the end of the then-current term. If neither party provides the other party with such written notice of non-renewal, an invoice for the Annual Support Fee (as defined below) will be sent to Customer by Adobe. If this Agreement lapses, Customer may be subject to additional fees prior to the reinstatement of Support Services hereunder.
- Support Services may be terminated by Adobe for: failure of Customer to pay for Support Services; abusive or fraudulent use of Support Services by Customer; or for Breach of License or of Proprietary Rights. If Adobe terminates the Support Services as a result of a breach of License, or of Proprietary Rights, Customer shall immediately cease use of the Software, delete the Software from all computer systems on which it resides, and return to Adobe any media containing the Software as well as any related materials. Sections 2, 5, 7 and 8 shall survive expiry or termination of this Agreement. When Support Services expire, Customer shall have continued use of Software it received under this Agreement, subject to the continued adherence to the terms and conditions of this Agreement and/or the relevant license agreement with Adobe.
The new Adobe Support Policy will not apply to all Adobe products. For example, the policy will not apply to Adobe products for which Adobe has already communicated a date for the end of Adobe Support, and in some cases Adobe may determine to apply an alternative support time line based on customer need, or for which Adobe decides to apply an alternative support time line in its sole discretion.