The following provisions detail Adobe’s provision of support services to an eligible entity (“Customer”) for the applicable On-premise Software, On-demand Services, and Managed Services (collectively, the “Products”).  These support services (or portions thereof) (“Support Services”) may have been previously referred to as Gold, Platinum, or Enterprise Support Services.  More information regarding eligibility and applicability of these Support Services may be obtained by contacting Adobe Customer Care.

Live Telephone and Online Technical Support

Adobe will provide live technical support services to up to ten (10) individuals designated by Customer on a 24x7x365 basis.  Local language support, if offered, is available from 9:00 am through 5:00 pm Monday through Friday local time, excluding national holidays and Adobe designated holidays.  Outside these hours, support is available in English language only.  Upon enrollment, Adobe will provide Customer with appropriate telephone numbers to be used for support, and the support sites to be accessed for unlimited online support, depending on the geographical location of Customer and Adobe Products licensed.

Remote Support

Customer may request support services via remote computer access.  If so requested, Customer agrees to allow Adobe permission to remotely access any and all Customer systems on which the Adobe Products depend, via an external computer controlled by Adobe, for the sole purpose of providing support services to Customer. 

Expert Services Appointments

If available for a Product, Customer’s designated technical support contacts may schedule expert services appointments consisting of up to 30 minutes of telephone advice regarding product workflows and best practices. Customer may contact Adobe Customer Care to inquire if such appointments are available for a specific Product.

Initiation and Processing of Service Request

To initiate a request for support services from Adobe, Customer’s designated individual must identify the failure of the applicable Product to perform in accordance with the applicable published product documentation (“Service Request”).  After receipt of a Service Request, Adobe will (a) define the priority of the Service Request, and (b) undertake reasonable efforts to acknowledge receipt of such Service Request within the identified timeframe (“Targeted Response Time”) via the same medium of communication by which the Service Request was reported. 

The priority of each Service Request will addressed as follows:

Priority

Description

Targeted Response Time

Level 1 - Critical

Problem results in extremely serious interruptions to a production system

Tasks that should be executed immediately cannot be executed due to complete crash of a production system or interruptions in mainfunctions of a production system

Problem results in compromised data integrity which could result in financial losses

Problem has affected or could affect entire user community

30 minutes

(Service Request must be initiated telephonically)

Level 2 - Urgent

Problem results in serious interruptions to normal operations and could negatively impact an enterprise-wide installation or urgent deadlines in a production system

Data processing continues but in a restricted manner and data integrity may be at risk which may cause serious interruptions to critical processes

Problem hinders the deployment of an enterprise installation of a pre-production system

1 hour

Level 3 - Important

Problem causes interruptions in normal operations or minor degradation in performance

Problem is attributed to malfunctioning or incorrect behavior of the Product

4 hours

Level 4 - Minor

Problem results in minimal or no interruptions to normal operations but no business impact

Problem typically consists of installation and configuration inquiries

1 business day

Processing of Service Request

Adobe will use reasonable efforts to acknowledge receipt of the Service Request within the Targeted Response Time.  Adobe will use commercially reasonable efforts to diagnose the problem and provide a remedy that could take the form of eliminating the defect, providing updates, or demonstrating how to avoid the effects of the defect using a commercially reasonable level of effort.  Despite Adobe’s exercise of reasonable efforts, not all problems may be solvable. The processing time will start from the date and time when Adobe’s Customer Care team acknowledges receipt of the Service Request. If the Service Request cannot be solved within a commercially reasonable timeframe, the Service Request may be escalated within the Adobe Customer Care organization.  Customer’s designated technical contact must be available to work with Adobe Customer Care while Adobe is in the process of resolving the Service Request.

Right to Modify Targeted Response Times

Adobe reserves the right to alter the Targeted Response Times, from time to time, using reasonable discretion but in no event may such alterations result in:  (a) diminished support from the level of support described herein; (b) materially diminished obligations for Adobe; or (c) materially diminished rights of Customer.  Adobe will provide Customer with 60 days prior written notice of any material changes to the Targeted Response Times identified herein.

Issuance of Updates

In its sole discretion, Adobe may provide Customer with an update to a Product which may consist of code corrections, bug fixes, and minor modifications or enhancements to the Product in order to bring the Product into substantial conformity with the applicable published product documentation.  Updates will only be provided to Customer for the current version of the Product.  All updates are provided to Customer on a license-exchange basis.  Adobe’s issuance of an update to a Product is intended as a replacement of the copy of the Product previously licensed to Customer and are not provided as additional copies.

Maintenance: Issuance of Upgrades

The following provision applies to: purchases of On-premise term licenses, On-demand Services, and Managed Services and purchases of On-premise perpetual licenses, only if Customer is enrolled in a maintenance and support program.  As used herein, “Upgrades” means an upgrade to a Product consisting of a new version release of the Product, or a generally available modification or enhancement to the performance or functionality of the Product that exists in the then-current release of such Product. In its sole discretion, Adobe may provide Customer with an Upgrade to a Product. All Upgrades are provided to Customer on a license-exchange basis. Adobe’s issuance of such Upgrade to a Product is intended as a replacement of the copies of the Product previously licensed to Customer and are not provided as additional copies. Copies of the Products that are replaced must be destroyed. Customer’s use of any Upgrade provided by Adobe is to be governed by the updated license use and restriction terms in the applicable end-user license agreement, if any. 

Right to Discontinue or Modify Support

Adobe has the right to alter, or discontinue the manufacture and development of any of the Products and the support available for those Products, at any time in its sole discretion, provided that Adobe agrees not to discontinue the support for a Product during Customer’s then-current, paid for, support term, subject to the termination provisions in the applicable end-user license agreement between Customer and Adobe, or these terms and conditions. In no event will such alterations made to support during Customer’s then-current support 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 will provide Customer with sixty (60) days prior written notice of any material changes to the support services contemplated herein. 

Additional terms applicable to perpetual On-premise Software licenses

Renewal Fees

If Adobe makes renewals for support available to its customers generally, Adobe will provide Customer with a renewal notice in advance of expiration of the then-current term for support services, so that Customer can order an additional one year term for support. If Customer desires to renew, Adobe will invoice Customer for the renewal term. If Customer allows its support services on its perpetual license to the On-premise Software to lapse, Customer may be subject to additional fees, to cover the lapsed period, prior to the reinstatement of support services. If Customer elects to renew support services for an additional term following the purchase of the On-premise license, the renewal annual support fee is determined as follows:  (a) for the first renewal term, the initial annual fee may be increased by three percent (3%); (b) for the second through the fourth renewal terms, the annual support fee for the immediately preceding renewal term may be increased by three percent (3%); and (c) for the fifth and subsequent renewal terms, the annual support fee will be the lesser of twenty percent (20%) of the then-current list price for the On-premise 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 charged for the prior year for the On-premise Software covered by the applicable renewal.  

Decommissioning

If Customer has purchased multiple perpetual licenses of an On-premise Software and Customer chooses to renew support services, Customer must purchase support services on all of the perpetual licenses of the On-premise Software unless otherwise agreed by Adobe and which would be subject to Adobe’s policies on documenting decommissioned On-premise Software licenses. 

Extended Support

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 On-premise Software.  The Support Lifecycle Policy identifies the availability of Extended Support and its associated cost.

Special offer specific to On-premise Software licenses

Definitions

  • “Bank of Funds” means the total credits issued by Adobe in connection with an On-premise License.
  • “Commitment Period” means the total license term commitment for an On-premise License commencing upon the applicable License Term Start Date and continuing until the final License Term End Date identified for such On-premise License in the applicable Sales Order.
  • “On-premise License” means a term-based (but not perpetual) license to any Adobe Product and Service that is comprised solely of On-premise Software components and does not include access to any On-demand Services or Managed Services. For clarity, any licenses obtained through VIP are not On-premise Licenses for the purposes of this section.
  • “Partner” means, if Customer did not pay Adobe directly, the partner that paid or pays Adobe directly for Customer’s On-premise License.
  • “Support Terms and Conditions” means those terms and conditions located at https://helpx.adobe.com/support/programs/support-policies-terms-conditions.html whether linked dynamically within a Sales Order or statically attached to a Sales Order.

Application

By providing notice in accordance with the “Auto-Renewal” section below, Customer may apply this “Special Offer Specific to On-premise Software Licenses” to any Sales Order for the purchase of an On-premise License(s) that incorporates by reference the Support Terms and Conditions, excluding specifically Sales Orders entered into by the U.S. Federal Government (Sales Orders with state and local governments are not excluded) and Sales Orders under which Customer or Partner, as applicable, is purchasing an On-premise License for deployment within the People’s Republic of China.  If a Sales Order does not include the Support Terms and Conditions, but is otherwise not excluded as set forth in this section, Customer may still apply this “Special Provision Specific to On-premise Software Licenses” by providing Adobe notice in accordance with the “Auto-Renewal” section below.

Successive Monthly Terms

For each On-premise License, the license period is monthly. The Commitment Period is comprised of successive monthly license terms. For example, a three-year Commitment Period with a License Term Start Date of February 10th is comprised of 36 successive monthly terms, each monthly term commencing on the 10th of the month.

Auto-Renewal

During the Commitment Period, On-premise Licenses will automatically renew month to month unless Customer, or Partner if applicable, provides 10 days prior written notice of its intent not to renew.  Customer’s or Partner’s exercise of this option not to renew (thereby acceptance of this offer) will automatically result in termination of the On-premise License at the end of the applicable monthly period (the “Termination Date”).

Bank of Funds

Upon the Termination Date, Customer or Partner, as applicable, will have a Bank of Funds balance in an amount equal to the remaining prepaid and unused fees received by Adobe directly or through a Partner for the applicable On-premise License. Such bank of funds will be held for the Customer’s benefit in accordance with these terms.

Customer’s and, if applicable, Partner’s obligation to pay the total fees for the entire Commitment Period shall survive such termination (each remaining payment a “Surviving Payment”).

Adobe will credit any Surviving Payment made to Adobe by Customer or Partner, as applicable, after the Termination Date to the applicable Bank of Funds.

Customer or Partner, as applicable, may apply its Bank of Funds to any “net new,” separate, mutually agreeable Sales Order for Adobe Products and Services for Customer.

Customer or Partner, as applicable, may not apply its Bank of Funds toward any outstanding or upcoming payment due on a Sales Order executed prior to the applicable Termination Date.

Customer or Partner, as applicable, may not apply its Bank of Funds toward payment of any fees due on a renewal of Products and Services purchased prior to the applicable Termination Date.

Each unused Bank of Funds shall expire without any refund 120 days after the final License Term End Date for the relevant On-premise License identified in the applicable Sales Order.

For clarity, nothing in this paragraph relieves Customer or Partner, if applicable, of its payment obligations as scheduled under any Sales Order under which Customer terminates an On-premise License that gives rise to a Bank of Funds.

Termination of any On-Premise License

Upon termination of any On-premise License hereunder, Customer will discontinue all further use and deployment of the On-premise License, immediately uninstall and destroy all copies of such Products and Services and provide written evidence of such destruction.

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