1. All use of the Products and Services specified above will be governed by the terms of this ETLA, and the version of the Adobe Enterprise Licensing Terms as of the date Customer issues a purchase order to Reseller and available at www.adobe.com/legal/terms/enterprise-licensing.html, including the General Terms and the applicable Product Specific Licensing Terms (“PSLT(s)”) (collectively, the “Agreement”). If there is any inconsistency between the parts of this Agreement, then the part listed earlier will prevail to the extent of the inconsistency: (i) this ETLA; (ii) the applicable PSLT(s); and (iii) the General Terms. Capitalized terms used in this ETLA have the meanings set out in applicable modules of the Adobe Enterprise Licensing Terms, unless otherwise specified in this ETLA.
2. “Enterprise” means NMCI SAN DIEGO LAB.
3. The initial License Term for the Products and Services extends for twelve months (“Base Year”) but may be renewed for up to two successive one-year terms (each, an Option Year). Customer may renew an Option Year for the same quantities of all of theProducts and Services by submitting a purchase order to Reseller, for such amount that may be agreed upon between Customer and Reseller, at least thirty days prior to the expiration of the then current License Term.
4. Adobe is not entering into a direct purchasing relationship with Customer for the Products and Services. Reseller is solely responsible for setting the terms of payment with Customer (including but not limited to when payments by Customer are due to Reseller).
5. Customer may deploy the specified quantity of Products and Services identified in the Products and Services Pricing Detail within the entirety of Customer's organization. If an individual ceases to be an employee or contractor of Customer during the term of a license or no longer needs to use a Product or Service, and Customer de-installs the Product or Service from the Computer of that employee or contractor, a different employee or contractor may then use a new unique identifier without being deemed an additional User.
6. For those Products and Services that are licensed for a specific quantity, Customer must report any deployment of the Products and Services in excess of the quantities previously purchased using the form found at www.adobe.com/go/trueup. Such reports, along with a corresponding order, must be provided by Customer to Reseller on a monthly basis and must reflect deployments made on specified dates during the preceding monthly period. [Note that Adobe will allow true-ups to be submitted quarterly. The quarterly true-up events will take place on or around 1 February, 1 May, 1 August and 1 November of each year (“Quarterly True-up Events”).] Customer remains responsible for the payment of all license fees set forth in the Products and Services Pricing Detail and true-up reports regardless of whether Customer subsequently un-installs or has deployed a lesser quantity of licenses of the Products and Services than purchased. True-up Fees for additional license purchases under this section will be established by the Reseller.
7. Adobe will provide support services for the Products and Services as described at https://helpx.adobe.com/support/programs/support-policies-terms-conditions.html.
8. Customer acknowledges and agrees that it may not assign or otherwise transfer licenses to the Products and Services under this ETLA to any other government or other entity without Adobe’s prior written approval.
9. By placing a purchase order with Reseller for the Products and Services, Customer will be deemed to have accepted the terms of this ETLA. Customer must also attach a copy of this ETLA to its corresponding purchase order to Reseller.
All use of the Licensed Products (including On-demand Services, Managed Services and On-premise Software) specified above (and applicable License Metrics) shall be governed by the applicable Adobe Enterprise Licensing Terms which consist of the General Terms (2017v1) and the applicable Product Specific Licensing Terms ("PSLT"s) which are available at www.adobe.com/legal/terms/enterprise-licensing.html (collectively "Licensing Terms"). Support terms ("Support Terms") can be found on Adobe's website at http://www.adobe.com/support/programs/policies/terms_customer.html
Product descriptions (and applicable License Metrics) for the Licensed Products are published by Adobe on https://helpx.adobe.com/productdescriptions.html