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 Access

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. 

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