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A. This Adobe Training Provider Program Agreement (this Agreement) sets forth the terms and conditions agreedto between Adobe (as defined below) and the individual or entity submitting the membership application form(Member) as a member in the Adobe Training Provider Program (the Program). The parties to the Agreement areAdobe and Member as described in the Program membership application form. If Member is resident in the UnitedStates, Canada, or Mexico, Adobe means Adobe Systems Incorporated, a Delaware corporation (Adobe Delaware).If Member is resident in any other country, Adobe means Adobe Systems Software Ireland Limited, a companyincorporated in the Republic of Ireland (Adobe Ireland). All references to Adobe herein will correspondingly eitherrefer to Adobe Delaware or Adobe Ireland.B. The Program. If accepted into the Program, a member will be eligible to acquire access to various specifiedbenefits (Benefits). The Benefits will be related to specified Adobe products, including without limitation certainsoftware (Products) and services for corresponding fees (Membership Fees). The Benefits will be limited to thosethat Adobe from time to time in its sole discretion makes available to Members meeting various specified conditionsor requirements to be eligible for such Benefits (the Membership Prerequisite(s)). This Agreement covers theProgram. Currently available Benefit options, Membership Fees and conditions and restrictions with respect to anysuch Benefits are described in the corresponding Adobe Program Benefits appendix and other appendices, asapplicable (each, an Appendix and collectively, Appendices) that is/are attached hereto and incorporated herein bythis reference. As additional Benefits are made available to Program Members from time to time, Adobe reserves theright to add additional terms, restrictions, and conditions (collectively, Additional Terms) applicable to such newBenefits. Member acknowledges and agrees that Adobe may require Member to accept such Additional Terms priorto making such new Benefits available to Member.
C. Exhibits. Additional terms and conditions to this Agreement are attached to and made a part of this Agreementas exhibits (Exhibits).
In connection with Members participation in the Program, Member and Adobe agree as follows:
1. ENROLLMENT IN THE PROGRAM. To apply for enrollment, 2.3 Support Services. Members Benefits may includeMember must submit a complete membership application, certain support services from Adobe (Support Services)including marketing materials, product samples, and under the support policies of Adobe, as modified from time toadditional documents, as described in the applicable time by Adobe in its sole discretion, and the terms andmembership application form (Membership Application). conditions on Exhibit B (Adobe Support Services).Adobe will evaluate Members Membership Application andwill notify Member of Adobes acceptance or rejection of 2.4 Training. Member may be invited to participate inMembers Membership Application. Adobe may reject various training programs proposed by Adobe from time toMembers Membership Application at its sole discretion for time. All such training is subject to availability and may beany reason, including, but not limited to, a determination that subject to additional fees and costs.Member does not meet any applicable MembershipPrerequisites. If accepted, Member will be responsible for all 2.5 Newsletters, Technical Bulletins and Other Content.of Members expenses incurred in connection with Members Members Benefits may include newsletters, technicalparticipation in the Program. bulletins and other content from Adobe (Adobe Content). Member will be bound by the terms and conditions of any2. PROGRAM BENEFITS. and all agreements distributed with or as part of Adobe Content and is bound by the terms attached hereto as Exhibit2.1 General. Adobe shall use reasonable commercial C (Adobe Content). If Member does not agree to such termsefforts to provide the Benefits to Member. Adobe will only and conditions, Member shall not use such Adobe Content.provide Member with the Benefits for the Products that arelicensed to Member under a valid, Adobe authorized, end 2.6 Pre-Commercial Release Software. Members Benefitsuser software license agreement for the applicable Product may include access to software and related documentation(an End User License Agreement) and for which Member prior to their commercial release by Adobe (Pre-Releasehas satisfied or fulfilled any applicable Membership Software). If such Benefit is provided, Member will be boundPrerequisite. Notwithstanding the foregoing, Adobe reserves by the terms of any and all agreements distributed with or asthe right to change any Benefit offered or provided under the part of Pre-Release Software and is bound by the terms forProgram upon thirty (30) days notice. Adobe shall not be any and all Pre-Release Software attached hereto as Exhibit Drequired to provide any Benefit relating to questions or (Adobe Pre-Release Software). If Member does not agree toproblems arising out of: (a) Members use of any Product or such Pre-Release Software terms and conditions, MemberBenefit in a manner for which it was not intended; (b) shall not use the Pre-Release Software.accident; or (c) Members negligence, misuse, or modificationof any Product or Benefit. 2.7 NFR Software. Members Benefits may include access to Not for Resale copies of Adobe software, including2.2 Access to Adobes Sites. Access to Adobes sites on related documentation, provided by Adobe to Member forthe World Wide Web is governed by Adobes applicable demonstration, and/or training and/or integration purposesTerms of Use, located at only (NFR Software). Such NFR Software will be specified inhttp://www.adobe.com/misc/copyright.html and the Adobes most current List of NFR Products and SKUs locatedapplicable privacy policy, located at on the website indicated by Adobe from time to timehttp://www.adobe.com/misc/privacy.html, each of which may (currently http://www.adobe.com/cfusion/partnerportal) orbe accessed via the footer of the Adobe.com website of successor site as indicated by Adobe. If such Benefit isMembers country of residence (accessible through the upper provided, Member will be bound by the terms of any and allright hand corner of www.Adobe.com (e.g., the German site agreements distributed with or as part of NFR Software and isfor German residents, the US site for US residents, etc.)). In bound by the terms for any and all NFR Software attachedMembers uses of Adobes sites and as otherwise applicable hereto as Exhibit E (NFR Software) and in Appendices. Ifto Members participation in the Program, Member will Member does not agree to such terms, Member shall not usecomply with these policies, as modified from time to time by the NFR Software.Adobe in its sole discretion. Member may be granted accessto restricted portions of Adobes sites in connection with a 2.8 Evaluation Software. With respect only to entities thatBenefit or group of Benefits (Restricted Site). Member will enter into a license or sublicense to use Adobe software onlylimit Members use of the Restricted Site in the manner for that entitys internal purposes and not for resale, re-specified by Adobe and subject to the restrictions on the use licensing or redistribution of any kind (End User), Membersand disclosure of Confidential Information in Section 7. Benefits may include requesting from Adobe and distributing to End Users copies of Adobe software and installing and integrating such Adobe software on an End User computer Copyright 2007 Adobe. All rights reserved. Terms of Use http://www.adobe.com/misc/copyright.html Privacy Policy http://www.adobe.com/misc/privacy.html Page 2 of 19system or network for evaluation purposes only by such End terminate Members right to link to Adobes sites, at AdobesUser (Evaluation Software). Member shall request copies of sole discretion for any reason, including, but not limited to, aEvaluation Software on Adobes website, or if not available on determination that Members Site: is unsuitable for oran Adobe website by request to the Adobe Partner Account incompatible with the Program; incorporates images orManager. Evaluation Software may only be installed on an content that are in any way unlawful, offensive, profane,End User computer system, and Member shall ensure that its harmful, threatening, defamatory, obscene, harassing oruse by End Users shall be subject to the terms and conditions racially, ethically or otherwise objectionable; facilitates illegalof the End User License Agreements accompanying such activity, promotes or depicts sexually explicit images, obsceneEvaluation Software. If the End User does not agree to such or pornographic images; promotes or depicts violence;terms and conditions, Member shall not install or integrate promotes discrimination based on race, sex, religion,the Evaluation Software on the End Users computer system. nationality, disability, sexual orientation or age; incorporatesMember shall ensure that the Evaluation Software may only any materials that infringe or assist others to infringe on anybe used by End User for no more than sixty (60) days. copyright, trademark or other intellectual property rights; orMember acknowledges, and shall ensure, that each End User contains or promotes politically sensitive or controversialagrees and acknowledges, that the time period that an End issues (collectively Restricted Content). Member shall notUser may use the Evaluation Software is limited and that the permit any Restricted Content to be incorporated onEvaluation Software may stop functioning after such time Member's Site, and Adobe also reserves the right to terminateperiod has expired. Subject to the terms of this Agreement this Agreement if any Restricted Content is incorporated onand payment of applicable Membership Fees, Adobe hereby Members Site after acceptance of Members Membershipgrants Member a nonexclusive, nontransferable, Application and the commencement of the term of thisnonassignable, nonsublicensable, revocable, limited license Agreement.to install and integrate the Evaluation Software into thecomputer systems of End Users, and to test such installations 2.11 Additional Benefits. Members Benefits may includeand integrations of the Evaluation Software. Benefits for which additional terms and conditions apply. Such terms and conditions, if any, are or will be attached2.9 Adobe Referrals to Member. Members Benefits may hereto as Appendices.include possible referrals of Adobe customers to Member byAdobe. In connection with its receipt of any such Benefits, 3. MEMBER OBLIGATIONSMember grants Adobe the right to post Members name,contact information and other applicable information to 3.1 Fees and Payment. In consideration of the BenefitsAdobes websites and to otherwise disclose and disseminate provided hereunder, Member shall pay to Adobe, without anysuch information to potential customers. Referral listings will deduction or set-off whatsoever, the applicable Membershipgenerally include Members business name, city, telephone Fee(s) as set out in the applicable Appendix(ices). Unlessnumber, and a summary of capabilities as provided on otherwise specifically provided, all prices are in U.S. dollars,Members Membership Application. Customer referrals to FOB (under Incoterms 2000 published by the ICC) AdobeMember pursuant to the Program will be based upon the shipping point, and are exclusive of applicable sales, use orinformation provided by Member in Members Membership value-added taxes or other taxes, import or export fees, dutiesApplication. Member certifies that such information is or tariffs, and any other taxes, duties, or fees of any kind thataccurate and complete. Whether to make referrals, or the may be levied in connection with the transactions coveredprocess of making referrals, will be determined by Adobe in hereby, all of which shall be paid by Member.its sole discretion, taking into account Members 3.2 Code of Conduct for Members. During the term,geographical location, equipment, capabilities, services Member shall conduct its activities in an ethical manner andprovided and the like. Adobe reserves the right to cease in a way that reflects favorably on itself and Adobe.providing customer referral Benefits to Member at any time,as determined by Adobe in its sole discretion. 3.3 Marketing. Where appropriate, each party shall at all2.10 Links. Member may be authorized to place links to times during the term of this Agreement use reasonableAdobes website(s), available through the Program, from commercial efforts to market and promote the other partysMembers World Wide Web site (Members Site). If so software or services. Each party acknowledges, however, that the other party may have similar obligations underauthorized, Adobe will provide Member with guidelines and relationships with third parties and compliance with suchgraphical artwork to use in connection with linking to obligations shall not constitute a breach hereof.Adobes website(s), and Member may select or remove suchlinks, subject to the terms of this Agreement. Member will 4. Adobe Trademarks, Intellectual Property.properly code all links to Adobes websites in the mannerspecified by Adobe, comply with terms governing the use of 4.1 Trademarks. Subject to the terms of this Agreement andAdobe Trademarks set forth in Section 4 of this Agreement payment of applicable Membership Fees, Adobe grantsand will cooperate with Adobe in establishing and Member a nonexclusive, nontransferable, nonassignable,maintaining such links. Member is also responsible for nonsublicensable, revocable, limited license to use Adoberemoving and/or informing Adobe of potential stale links. Trademarks, if any, expressly authorized for use inAdobe may reject Members Membership Application or conjunction with a Benefit, in its advertising and promotionalCopyright 2007 Adobe. All rights reserved.Terms of Use http://www.adobe.com/misc/copyright.htmlPrivacy Policy http://www.adobe.com/misc/privacy.html Page 3 of 19materials during the term of this Agreement, solely in 5.3 Termination with Cause. If either party breaches aconjunction with the applicable Products and the applicable material term of this Agreement, either party may terminateBenefit(s) and strictly in accordance with the terms of this this Agreement if the breaching party does not cure suchAgreement. For purposes of this Agreement, Adobe breach within ten (10) days after receiving written notice ofTrademarks means, with respect to a Benefit, the artwork, such breach.Logos, or other images provided by Adobe to Member on theapplicable portions of Adobes sites for use in conjunction 5.4 Termination of Rights. Upon termination or expirationwith such Benefit. Logo means, with respect to a Benefit, of this Agreement or any Benefit provided hereunder, allthe Adobe Program logo(s) depicted in the applicable licenses to any and all Products, Adobe Content, Pre-Releaseportions of Adobes sites, or any replacement logo(s) that may Software, Confidential Information, or Adobe Trademarksbe developed and made available by Adobe from time to licensed hereunder or in conjunction with the terminated ortime to Member for use in conjunction with such Benefit. expired Benefit shall terminate, and all such Products, AdobeAdobe may revoke Members license to Adobe Trademarks at Content, Pre-Release Software, NFR Software, Evaluationany time in its sole discretion. Member may not alter, modify, Software, Confidential Information, or Adobe Trademarks andor change the Adobe Trademarks in any way. Members tangible embodiments thereof shall be returned orlicense to use Adobe Trademarks under this Agreement is destroyed. If Member chooses to destroy such Products,expressly conditioned on Members continued good standing Adobe Content, Pre-Release Software, NFR Software,under the Program, and Members use of the Adobe Evaluation Software, Confidential Information, or AdobeTrademarks must be in strict accordance with Adobes Trademarks and tangible embodiments thereof, thentrademark usage guidelines, including the Adobe Trademark Member shall provide Adobe with written verification of suchGuidelines for third parties who license, use or refer to Adobe destruction. Upon termination or expiration of thistrademarks, currently located at the Permissions and Agreement or any Benefit provided hereunder, Member shalltrademark guidelines pages of Adobes official web site at have no further rights or obligations, as applicable, under thishttp://www.adobe.com/misc/agreement.html (or a successor Agreement or in conjunction with the terminated or expiredsite thereto), and the Adobe Trademarks Terms and Benefit, unless otherwise provided in this Agreement, andRestrictions on Use attached hereto as Exhibit F (Adobe Member must immediately discontinue all representationsTrademarks Terms and Restrictions on Use), each as amended that it is a Member of the Program. The termination orby Adobe from time to time in Adobes sole discretion. expiration of any particular Benefit shall not result in the termination of this Agreement or any other Benefit in4.2 Intellectual Property. All materials, including without existence as of such termination date, unless expressly solimitation, the Products, and any associated documents, provided.drawings, models, apparatus, sketches, designs, and lists)provided or made accessible to Member by Adobe in 5.5 Refund. Upon termination of this Agreement by Adobeconnection with the Program shall remain the sole and in accordance with Section 5.2, Member will be entitled toexclusive property of Adobe, its licensors and suppliers and receive, upon Members written request to Adobe withinshall be returned to Adobe promptly at Adobes request, thirty (30) days of such termination, a prorated refund oftogether with any copies thereof. Member shall abide by the Membership Fees paid for any applicable Benefit(s) affectedterms of all applicable End User License Agreement(s) or such by such termination based on the number of monthsother agreement(s) as may be agreed to by the parties. With remaining in the term for such Benefit(s).respect to technical information Member may provide toAdobe in connection with any Products, Adobe may use such 5.6 Survival. Sections 3.1, 4.2, 5.4, 5.5, 5.6, 7, and 10-12 willinformation for purposes relating to this Agreement survive expiration or earlier termination of this Agreement forincluding, without limitation, product support and any reason.development. 6. MODIFICATIONS BY ADOBE. Upon thirty (30) days notice to5. TERM AND TERMINATION. Member, Adobe, in its sole discretion, reserves the right to change the terms of this Agreement and the Benefits offered5.1 Term. The term of this Agreement will commence on the or provided hereunder from time to time, including, withoutdate Member receives notice of Adobe's acceptance of limitation, ending Benefits relating to a Product should suchMembers Membership Application and continue for a term of Product be discontinued. These changes will becometwelve (12) months unless sooner terminated or revised effective immediately at the end of such notice period andpursuant to this Agreement. This Agreement may be will be deemed to modify and supplement the terms of thisextended or renewed upon written consent of Adobe. There Agreement. Such changes will govern any existing or futureshall be no automatic renewal or extension of this Agreement Benefits provided to Member hereunder. MEMBERSor any Benefit provided hereunder. CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING SUCH NOTICE WILL CONSTITUTE MEMBERS BINDING5.2 Termination without Cause. Adobe, in its sole ACCEPTANCE OF THE CHANGE. IF ANY MODIFICATION ISdiscretion, may terminate this Agreement or any Benefit UNACCEPTABLE TO MEMBER, MEMBERS ONLY RECOURSE ISprovided hereunder without cause or judicial intervention TO TERMINATE THIS AGREEMENT WITHIN THIRTY (30) DAYSupon thirty (30) days notice to Member. OF SUCH NOTICE. IN SUCH EVENT, MEMBERSHIP WITHIN THECopyright 2007 Adobe. All rights reserved.Terms of Use http://www.adobe.com/misc/copyright.htmlPrivacy Policy http://www.adobe.com/misc/privacy.html Page 4 of 19PROGRAM SHALL BE CANCELLED, AND MEMBERS SOLE AND Adobe responsible for the consequences of suchEXCLUSIVE REMEDY WILL BE A PRO RATA REFUND, UPON interruptions. Nothing in this Agreement shall be construedMEMBERS WRITTEN REQUEST, FOR BENEFITS PAID FOR BY as expanding or adding to any warranty for any ProductMEMBER THAT WERE SUBSTANTIALLY REDUCED AS THE licensed under an End User License Agreement. EXCEPT FORRESULT OF SUCH MODIFICATION. THE FOREGOING EXPRESS LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADOBE MAKES, AND7. CONFIDENTIAL INFORMATION. As used in this Agreement, MEMBER RECEIVES, NO WARRANTIES, TERMS,Confidential Information means any and all trade secrets, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EXPRESS,know-how, inventions, techniques, processes, algorithms, IMPLIED, STATUTORY, OR OTHERWISE BY ANY COUNTRY ORsoftware programs, hardware, schematics, software source JURISDICTION, RELATED TO OR ARISING IN ANY WAY OUT OFdocuments and any other information marked as confidential THIS AGREEMENT OR THE PROVISION OF BENEFITS,or that Member should reasonably have known to be PRODUCTS OR SERVICES UNDER THIS AGREEMENT. ADOBEconfidential that is made available to Member by Adobe, in its SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY, TERM,sole discretion, in connection with the Program. Member REPRESENTATION OR CONDITION OF MERCHANTABILITY,shall not make use of, disseminate, or in anyway disclose SATISFACTORY QUALITY, FITNESS FOR A PARTICULARAdobes Confidential Information, except to the extent PURPOSE, INTEGRATION, AND NON-INFRINGEMENT.necessary for Members performance under this Agreement NOTWITHSTANDING THE FOREGOING, MEMBERand any other purpose Adobe may hereafter authorize in ACKNOWLEDGES THAT THE WARRANTY DISCLAIMERwriting. In particular, Member shall maintain the existence, CONTAINED IN EXHIBIT D (ADOBE PRE-RELEASE SOFTWARE),features, and capabilities of any Pre-Release Software NOT THIS WARRANTY PROVISION, GOVERNS THE PRE-disclosed to Member as secret and confidential until the Pre- RELEASE SOFTWARE.Release Software is introduced by Adobe for license to thegeneral public or publicly announced by Adobe. Member 9. NO OTHER WARRANTIES. Neither Member, nor any of itsshall treat Adobes Confidential Information with the same employees or agents, has any right to make anydegree of care as it accords to its own confidential representation, warranty, or promise to any third party oninformation but in no event with less than reasonable care. behalf of Adobe that is not (a) explicitly stated in anMember may disclose Adobes Confidential Information only applicable End User License Agreement, Product label orto those of its employees and consultants who need to know container or (b) specifically authorized in writing by Adobe.such information and who have previously agreed in writingto be bound by terms and conditions at least as protective of 10. INDEMNITY. Member will be solely responsible for and willAdobes Confidential Information as are the terms and defend, indemnify and hold Adobe and Adobes officers,conditions of this Agreement. Members obligations under directors, agents, employees and representatives harmlessthis Agreement with respect to a portion of Adobes from and against any and all claims, suits, damages, losses,Confidential Information shall cease when (but only to the liabilities, obligations, penalties and expenses, including legalextent that) Member can document with clear and fees and expenses, relating to or based on: (a) any claims ofconvincing evidence that: (a) it is or becomes generally negligence, misrepresentation, or error or omission on theavailable to the public through no fault or breach of Member; part of Member or agents, consultants or other(b) it was in Members possession free of any obligation of representatives of Member; and (b) any claims based uponconfidence at the time it was communicated to Member by any warranty, term, condition or representation made byAdobe; (c) it was rightfully in Members possession free of any Member or Members employees or agents that differ fromobligation of confidence subsequent to the time it was the warranty provided by Adobe in any applicable End Usercommunicated to Member by Adobe; (d) it was developed by License Agreement, Product label or container unlessemployees, agents, or consultants of Member independently Member has obtained Adobes prior written specificof and without reference to any information communicated authorization otherwise.to Member by Adobe; or (e) it is required to be disclosed byany applicable law, regulation, regulatory authority or court 11. LIMITATION OF LIABILITY.of law. NOTHING IN THIS SECTION 7 WILL EXTEND OR 11.1 SUBJECT TO SECTION 11.2, ADOBES AGGREGATEVARY THE TERMS OF ANY END USER LICENSE GRANTED LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE) ORTO MEMBER BY ADOBE (INCLUDING, WITHOUT OTHERWISE (a) WITH RESPECT TO OR IN CONNECTION WITHLIMITATION, ANY RESTRICTIONS RELATING TO THE USE ANY PROVISION OF THIS AGREEMENT OR ANY TRANSACTIONOF SOFTWARE). CONTEMPLATED BY THIS AGREEMENT, (b) FOR ANY8. LIMITED WARRANTIES. While Adobe shall use reasonable DAMAGES CAUSED BY OR RELATED TO A BENEFIT, SERVICE,commercial efforts to provide the Benefits under this PRODUCT OR DEFECT OR FAILURE IN ANY PRODUCT, SERVICEAgreement in a professional manner, Adobe cannot OR BENEFIT, OR (c) IF A COURT OF COMPETENT JURISDICTIONguarantee that every question or problem raised by Member HOLDS ANY OF THE ABOVE LIMITATIONS OR DISCLAIMERSwill be resolved or that published or orally disseminated INVALID, SHALL BE LIMITED TO TWICE THE AMOUNTreferrals to Member will be accurate or will result in additional ACTUALLY PAID BY MEMBER TO ADOBE UNDER THIScustomers. Certain technical difficulties may, from time to AGREEMENT FOR SUCH PRODUCT, SERVICE OR BENEFIT.time, result in service interruptions. Member will not hold ADOBES LIABILITY IS CUMULATIVE, WITH ALL OF MEMBERSCopyright 2007 Adobe. All rights reserved.Terms of Use http://www.adobe.com/misc/copyright.htmlPrivacy Policy http://www.adobe.com/misc/privacy.html Page 5 of 19LOSSES BEING AGGREGATED TO DETERMINE SATISFACTION residents. If Member is a resident of the Peoples Republic ofOF THE LIMIT. MEMBER HEREBY RELEASES AND FOREVER China or Singapore, this Agreement shall be governed by andDISCHARGES ADOBE FROM ANY AND ALL OBLIGATIONS, interpreted in all respects by the laws of Singapore, withoutLIABILITIES, CLAIMS, OR DEMANDS IN EXCESS OF THE reference to conflict of laws principles, as such laws areFOREGOING LIMITATION. THE PARTIES ACKNOWLEDGE THAT applied to agreements entered into and to be performedOTHER PROVISIONS OF THIS AGREEMENT RELY UPON THE entirely within Singapore between Singapore residents. IfINCLUSION OF THIS SECTION. SUBJECT TO SECTION 11.2, Member is a resident of any other country, this AgreementAND EVEN IF ADOBE HAS BEEN ADVISED OF THE POSSIBILITY shall be governed by and interpreted in all respects by theOF SUCH DAMAGES, IN NO EVENT SHALL ADOBE BE LIABLE laws of the Republic of Ireland, without reference to conflictFOR of laws principles, as such laws are applied to agreements entered into and to be performed entirely within the Republic (A) LOSS OF BUSINESS PROFITS, BUSINESS of Ireland between residents of the Republic of Ireland. In any INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF event, this Agreement will not be governed by the United REVENUE, LOSS OF GOODWILL, LOSS OF DATA OR LOSS OF Nations Convention on Contracts for the International Sale of ANTICIPATED SAVINGS, OR Goods, the application of which is expressly excluded. (B) FOR INDIRECT, CONSEQUENTIAL, SPECIAL, OR 12.3 Forum. If Member is a resident of the United States, INCIDENTAL DAMAGES OR LOSS ARISING OUT OF THIS Canada or Mexico, all disputes arising under this Agreement AGREEMENT OR THE USE OR THE INABILITY TO USE ANY will be brought in Superior Court of the State of California or PRODUCT(S) OR BENEFIT(S). the Federal District Court of San Jose in Santa Clara County, as permitted by law. If Member is a resident of Japan, allNOTWITHSTANDING THE FOREGOING, MEMBER disputes arising under this Agreement will be brought inACKNOWLEDGES THAT THE LIMITATION OF LIABILITY Tokyo District Court in Japan. If Member is a resident of theCONTAINED IN EXHIBIT D (ADOBE PRE-RELEASE SOFTWARE), Peoples Republic of China or Singapore, all disputes arisingNOT THE LIMITATION OF LIABILITY PROVISION OF THIS under this Agreement will be referred to and finally resolvedSECTION, GOVERNS THE PRE-RELEASE SOFTWARE. Because by arbitration in Singapore in accordance with the Arbitrationsome states and jurisdictions do not allow the exclusion or Rules of Singapore International Arbitration Centre for thelimitation of liability for consequential, special, or incidental time being in force which rules are deemed to bedamages or the exclusion of implied warranties or limitations incorporated by reference to this Section. The tribunal shallon how long an implied warranty may last, some of the above consist of one (1) arbitrator jointly selected by both parties. Iflimitations and disclaimers may not apply to Member. This the parties cannot agree on the choice of arbitrator withinAgreement does not exclude, restrict or modify any liability thirty (30) calendar days after notice of the dispute by eitherimposed under the law that cannot, by such law, be excluded, party, such arbitrator shall be appointed by the Chairman ofrestricted or modified when applied to Member as identified the Singapore International Arbitration Centre. Thein the applicable Membership Application. arbitration will be conducted in the English language, provided that any witness whose native language is not11.2 WHERE THIS AGREEMENT IS GOVERNED BY THE English may give testimony in his or her native language, withLAWS OF THE REPUBLIC OF IRELAND PURSUANT TO SECTION simultaneous translation into English (at the expense of the12.2, NOTHING IN THIS AGREEMENT SHALL LIMIT ADOBE'S party presenting any such witness). Judgment upon theLIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS award rendered may be entered and shall be enforceable inNEGLIGENCE, FRAUD, WILFUL MISCONDUCT OR GROSS any court of competent jurisdiction having jurisdiction overNEGLIGENCE. the parties. If Member is a resident of any other country, all12. MISCELLANEOUS. disputes arising under this Agreement will be brought in the Courts of Ireland in Dublin, Ireland.12.1 Attorneys Fees. If an action is commenced to enforceeither partys rights under this Agreement, the prevailing 12.4 Severability. If any provision of this Agreement isparty in such action shall be entitled to recover its reasonable unenforceable or invalid under any law or be so held bycosts and attorneys fees. applicable court or arbitrators decision, such unenforceability or invalidity shall not render this Agreement unenforceable or12.2 Governing Law. If Member is a resident of the United invalid as a whole, and, in such event, such provision shall beStates, Canada or Mexico, this Agreement shall be governed changed and interpreted so as to best accomplish theby and interpreted in all respects by the laws of the State of objectives of such unenforceable invalid provision within theCalifornia, without reference to conflict of laws principles, as limits of applicable law of applicable court decisions.such laws are applied to agreements entered into and to beperformed entirely within California between California 12.5 Notice. Any notices required or permitted to be givenresidents. If Member is a resident of Japan, this Agreement pursuant to this Agreement shall be in writing, sent via email,shall be governed by and interpreted in all respects by the certified mail, return receipt requested, postage pre-paid, orlaws of Japan, without reference to conflict of laws principles, delivered by hand, to the business or email addresses of theas such laws are applied to agreements entered into and to parties set forth in the Membership Application or to suchbe performed entirely within Japan between Japanese other address as may be furnished in writing to the otherCopyright 2007 Adobe. All rights reserved.Terms of Use http://www.adobe.com/misc/copyright.htmlPrivacy Policy http://www.adobe.com/misc/privacy.html Page 6 of 19party. Notices shall be deemed effective on the earlier of the or any or all of the provisions hereof. Member hereby waivesdate of receipt or the fourth day after deposited in the mail. If any requirement that Adobe post a bond or other security innotice is sent to Adobe, it shall be sent to the attention of the conjunction with any application for injunctive or otherGeneral Counsel. In addition, Member will refer to Adobe equitable relief.sites specified herein from time to time during the term ofthis Agreement to ensure its continued compliance with the 12.10 Assignment; Name Change. This Agreement mayterms of this Agreement, including without limitation, the not be assigned, in whole or in part, by Member without theAdobe sites specified in Sections 2.2 and 4 of this Exhibit A prior written approval of Adobe. Should Member undergo aand Section 4 of Exhibit F. change of control, Adobe will be entitled to terminate this Agreement immediately on written notice to Member. For the12.6 No Agency. Nothing contained herein, including purposes of this Section 12.10, a change in the persons orwithout limitation the title of this Agreement, shall be entities who control fifty percent (50%) or more of the equityconstrued as creating any agency, partnership, or other form securities of Member shall be considered a change of control.of joint enterprise between the parties, and neither party has Adobes rights and obligations, in whole or in part, under thisthe authority to bind or incur any obligation on behalf of the Agreement may be assigned by Adobe. Subject to theother. foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and12.7 Complete Agreement. Each Exhibit and Appendix permitted assigns. Adobe will have the right to terminate thisattached hereto is incorporated by this reference and made a Agreement in case of any attempted assignment or transfer inpart of this Agreement as if its terms were fully set forth in the contravention of this provision, and any such attempt will bebody of this Agreement. This Agreement, including all such null and void. In addition, if Member changes its corporateExhibits and Appendices, constitutes the entire agreement name or structure, Member shall notify Adobe in writing atbetween Adobe and Member and supersedes and terminates least ten (10) days prior to such change taking effect.any and all prior agreements or contracts, written or oral,entered into between the parties relating to the subject 12.11 Force Majeure. Neither party shall be liable for anymatter hereof. In the event of any inconsistency between this failure or delay in performance under this Agreement thatAgreement and the provisions in any Membership might be due, in whole or in part, directly or indirectly, to anyApplication, the terms of this Agreement shall govern. In contingency, delay, failure, or cause of any nature beyond theaddition, if there is any inconsistency between this reasonable control of such party, including, without in anyAgreement and the Appendix(ices), for the Appendices the way limiting the generality of the foregoing, fire, explosion,terms of the Appendix(ices) shall govern. Subject to Section 6, earthquake, storm, flood or other weather, unavailability ofand except as expressly provided herein, this Agreement shall necessary utilities or raw materials, including phone, Internetnot be modified except by a subsequently dated written or other communications systems, strike, lockout,amendment signed on behalf of Adobe and Member by their unavailability of components, activities of a combination ofduly authorized representatives. Any additional services, workmen or other labor difficulties, war, insurrection, riot, actProducts or Benefits added to this Agreement by notice from of God or the public enemy, law, act, order, export controlAdobe will be governed by the terms of this Agreement. regulations, proclamation, decree, regulations, ordinance, orEACH PARTY AGREES THAT IT HAS ONLY RELIED UPON THE instructions of Government or other public authorities, orREPRESENTATIONS EXPRESSLY SET OUT IN THIS AGREEMENT. judgment or decree of a court of competent jurisdiction (notNEITHER PARTY WILL BE LIABLE FOR ANY REPRESENTATION arising out of breach by such party of this Agreement).MADE PRIOR TO ENTERING INTO THIS AGREEMENT EXCEPT ASEXPRESSLY SET FORTH OTHERWISE HEREIN, UNLESS SUCH 12.12 Warranty. MEMBER WARRANTS THAT IT HAS FULLREPRESENTATION IS FRAUDULENTLY MADE. POWER AND AUTHORITY TO ENTER INTO AND PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT AND THAT THE12.8 Waiver. The waiver by a party of a breach of any PERSON SIGNING THIS AGREEMENT ON MEMBERS BEHALFprovisions contained herein shall be deemed effective only HAS BEEN DULY AUTHORIZED AND EMPOWERED TO ENTERwhen in writing and shall in no way be construed as a waiver INTO THIS AGREEMENT. MEMBER WARRANTS THAT THISof any succeeding breach of such provision or the waiver of AGREEMENT IS NOT LIMITED OR RESTRICTED BY, AND IS NOTthe provision itself. IN CONFLICT WITH, ANY COMMERCIAL ARRANGEMENT, OBLIGATION, CONTRACT, AGREEMENT OR OTHER12.9 Remedies. The parties expressly agree that a INSTRUMENT TO WHICH MEMBER IS BOUND OR SUBJECT.violation of Sections 2.6, 2.7, 2.8, 4, 7, Exhibit C (Adobe MEMBER FURTHER WARRANTS THAT IT SHALL COMPLY WITHContent), Exhibit D (Adobe Pre-Release Software), Exhibit E ALL END USER LICENSE AGREEMENTS AND HAS SATISFIED(Adobe NFR Software) or Exhibit F (Adobe Trademarks Terms AND FULFILLED ANY BENEFIT PREREQUISITE THAT MAY BEand Restrictions on Use) of this Agreement may cause REQUIRED AS PROVIDED HEREUNDER.irreparable harm to Adobe and that a remedy at law is likelyto be inadequate. Therefore, in addition to any and all 12.13 Export Control. Member will not export, directly orremedies available at law, Adobe will be entitled to seek an indirectly, any technical data or software product acquiredinjunction or other equitable remedies in all legal from Adobe pursuant to this Agreement or any Productproceedings in the event of any threatened or actual violation utilizing any such data or software product to any country forCopyright 2007 Adobe. All rights reserved.Terms of Use http://www.adobe.com/misc/copyright.htmlPrivacy Policy http://www.adobe.com/misc/privacy.html Page 7 of 19which the U.S. Government or the government of a Member represents and warrants that, in the performance of itsState of the European Union or any agency thereof at the obligations hereunder, Member has not made, and will nottime of export requires an export license or other government make, any such proscribed payment. Member further agreesapproval without first obtaining such license or approval. that if subsequent developments cause the representationsMember shall be solely responsible for obtaining, and made herein to be no longer accurate or complete, Membermaintaining in full force and effect, all licenses, permits and will immediately so advise Adobe.authorizations required under any such Member to performits obligations under this Agreement. 12.15 Publicity. Member consents to publication of its name by Adobe as a Member of the Program or any12.14 Compliance with Laws; Foreign Corrupt Practices applicable component thereof.Act. Member will comply with all applicable laws including, ifappropriate and applicable, the provisions of Executive Order 12.16 Third Party Beneficiaries. Member11246, as amended, Section 402 of the Vietnam Era Veterans acknowledges and agrees that Adobes licensors are thirdReadjustment Assistance Act of 1974 (38 USC4212), and party beneficiaries of this Agreement, with the right toSection 503 of the Rehabilitation Act of 1973, as amended, enforce the obligations set forth in this Agreement.and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250 and 60-741. The affirmative action clause and regulations 12.17 Independent Investigation. MEMBERcontained in the above shall be incorporated by reference in AKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, HASthis Agreement. Without limiting the generality of this HAD AN OPPORTUNITY TO CONSULT WITH ITS OWN LEGALsection, Member hereby acknowledges and agrees that ADVISERS IF IT SO DESIRED, AND AGREES TO ALL OF THEcertain laws of the United States, including the Foreign TERMS AND CONDITIONS OF THIS AGREEMENT. INCorrupt Practices Act, 15 U.S.C. 78dd-1 et. seq., as INTERPRETING THIS AGREEMENT, NO WEIGHT SHALL BEamended, prohibit any person subject to the jurisdiction of PLACED UPON THE FACT THAT THIS AGREEMENT HAS BEENthe United States from making any payment of money or DRAFTED BY ADOBE. MEMBER UNDERSTANDS THAT ADOBEanything of value, directly or indirectly, to any foreign MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) PROVIDEgovernment official, foreign political party or candidate for BENEFITS ON TERMS THAT MAY DIFFER FROM THOSEforeign political office for the purpose of (a) influencing any CONTAINED IN THIS AGREEMENT OR OPERATE A BUSINESSact or decision of such official, political party, party official, or THAT IS SIMILAR TO OR COMPETES WITH MEMBERScandidate in his or its official capacity, including a decision to BUSINESS. MEMBER IS ALSO AWARE THAT ADOBE RESERVESfail to perform his or its official functions; or (b) inducing such THE RIGHT TO OFFER SEPARATE AND DIFFERENTofficial, political party, party official, or candidate to use his or PROMOTIONAL AND/OR INCENTIVE ARRANGEMENTS TO ITSits influence with the government or instrumentality thereof SUPPLIERS, KEY CUSTOMERS AND OTHER THIRD PARTIES.to affect or influence any act or decision of such government MEMBER HAS INDEPENDENTLY EVALUATED THEor instrumentality, in order to assist Member in obtaining or DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ISretaining business for or with, or directing business to any NOT RELYING ON ANY REPRESENTATION, GUARANTEE, ORthird party. Member hereby represents and warrants that STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.Member, its owners, directors, and employees, are notofficials or representatives of any government-owned orgovernment-controlled entity or political party or officialthereof, or political candidate. In addition, Member hereby
In connection with Members participation in the Program, Member and Adobe agree as follows:
1. Although Adobe will attempt to provide a timely initial interoperable with other software, Member will first requestresponse as part of Support Services and may follow-up prior written approval from Adobe, and Adobe may imposewith additional responses as necessary, Adobe makes no such reasonable conditions (including, without limitation, aguarantees with respect to response time or resolution of reasonable fee) on such use to ensure that Adobes rights inan issue. Support Service Benefits apply only to current the Pre-Release Software are protected. When requestingMembers who are not in material breach of this Agreement. and receiving Support Services, Member will not provideAdobe will not be liable under this Agreement to the extent Adobe with any information, including informationthat its delay or failure to comply with its obligations is incorporated in Members software, which is confidential tocaused by a Member's breach of this Agreement. Member or any third party. Any notice, legend, or label to the contrary contained in any materials provided by2. All information, software, or other materials provided Member to Adobe shall be without effect. With respect toby Adobe in connection with Support Services are supplied information Member provides to Adobe as part of theAS IS without warranty of any kind as to their accuracy or Support Services, Adobe may use such information for itscompleteness. ADOBE DOES NOT GUARANTEE RESULTS OR business purposes, including for product support andIDENTIFICATION OR CORRECTION OF PROBLEMS. OTHER development.THAN AS EXPRESSLY PROVIDED ABOVE AND TO THEEXTENT PERMITTED BY APPLICABLE LAW, ADOBE 4. To the extent Membership Fees for Support ServicesDISCLAIMS ANY AND ALL CONDITIONS, TERMS, are based on the number of Support Cases or similarREPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, concept, such measurement unit means a single questionSTATUTORY OR OTHERWISE, BY ANY COUNTRY OR on a single subject posed via World Wide Web emailJURISDICTION INCLUDING WITHOUT LIMITIATION ANY support form by Member to Adobes support organizationIMPLIED WARRANTIES, TERMS OR CONDITIONS OF that is discrete and code-related or concerns another issueMERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR related to an applicable Product. Any queries forA PARTICULAR PURPOSE, INTEGRATION, AND clarification from Adobes support organization and theNONINFRINGEMENT WITH RESPECT TO THE SERVICES, response to them by Member will count as part of theSOFTWARE, OR OTHER MATERIALS PROVIDED IN original Support Case. Bug reports from Member without aCONNECTION WITH OR RELATED TO THE SUPPORT request for a workaround from Adobes supportSERVICES. Without limiting the foregoing, Member shall be organization will not count as a Support Case. Any unusedsolely responsible for any restoration of lost or altered files, Support Cases remaining at the end of a Support Servicesdata or programs. Benefits period will not be refunded or credited. Unless otherwise specified, the Support Services Benefits period3. Any code that Adobe provides in connection with shall be twelve (12) months from the date the term of thisSupport Services is licensed to Member under and will be Agreement commences.used by Member only in accordance with the terms andconditions of the End User License Agreement 5. At Adobes discretion and based upon the informationaccompanying the corresponding Adobe software in Members Membership Application, the English languagedevelopment kit or Product. Adobe retains all rights in such version of certain Products may be provided to Membercode. Member has no right to copy, modify, decompile, and licensed to Member under an End User Licensereverse engineer, sublicense or otherwise distribute such Agreement. Only English language versions of Products arecode, except as may be expressly provided in the relevant supported by certain portions of the Support Services.End User License Agreement and any other terms and Adobe reserves the right to refuse delivery of certainconditions accompanying the code. However, to the extent Products to Members who are competitors of Adobe (asapplicable law grants Member the right to decompile in determined by Adobe) or whose local law requires deliveryorder to obtain information necessary to render the code in a language other than English.
1. LICENSE GRANT. Subject to the terms and without limitation, all copyright and other proprietary rightsconditions of this Agreement and payment of applicable worldwide in all media. Member may not use AdobeMembership Fees, Adobe hereby grants Member a Content except as expressly permitted under thisnonexclusive, nontransferable, nonassignable, Agreement without Adobes prior written consent, whichnonsublicensable, revocable, limited license to view, may be granted or denied in Adobes sole discretion. Ifevaluate, and make up to five (5) print copies (provided that Member is located in North America, requests for suchMember reproduces all copyright and other restricted rights permission may be made to email@example.com. Ifnotices on all visible or tangible copies) of the Adobe Member is located in Europe, Middle East or Africa, requestsContent, if any, for its internal purposes only and solely in for such permission may be made toconjunction with the applicable Products and the email@example.com. If Member is located in the Asiaapplicable Benefit(s). Pacific region or Central or South America, requests for such permission may be made to email@example.com. RESTRICTIONS. Except and unless expresslypermitted in this Exhibit, Member may not: reproduce, 4. REMEDIES. Member acknowledges that the Adobealter, enhance, modify, prepare derivative works of, display, Content (and the licensed materials contained therein) ispublish, disclose, distribute, rent, sublicense, lease, sell, highly proprietary in nature and that unauthorized copying,transfer, assign or otherwise use the Adobe Content, in modifying, transferring, selling, distributing, displaying,whole or in part. Without limiting the foregoing, Member is publishing, preparing derivative works, or other use mayexpressly prohibited from placing or installing all or any cause Adobe and/or its suppliers irreparable injury thatportion of the Adobe Content on any electronic media cannot be adequately compensated for by means of(except for the one computer at Members principal place of monetary damages. Any breach of this Agreement bybusiness to which the Adobe Content is delivered), Member, its customers, its affiliates, or any third party, mayincluding, but not limited to, local or wide area networks, be enforced by Adobe and/or any of its suppliers who maytimesharing services, multiple processing units, multiple seek equitable relief (including, but not limited to,site arrangements, service or software rental bureaus, list injunctive relief) in addition to any other available rightsservers, online services, electronic bulletin boards or forums, and remedies.World Wide Web sites or any other server that is Internet-enabled.
Member hereby agrees to be bound by the terms and conditions of any and all End User License Agreements applicable forany and all Product(s). Member hereby agrees to be bound by the terms and conditions of this Exhibit for any and all Pre-Release Software obtained by Member. Further, Member and Adobe agree as follows:
1. LICENSE GRANT. Subject to the terms of this OTHERWISE BY ANY COUNTRY OR JURISDICTION,Agreement and payment of applicable Membership Fees, RELATED TO, ARISING FROM OR IN CONNECTION WITHAdobe grants Member a nonexclusive, nontransferable, THE PRE-RELEASE SOFTWARE. ADOBE SPECIFICALLYnonassignable, nonsublicensable, revocable, limited DISCLAIMS ANY AND ALL CONDITIONS, TERMS,license to (a) use the Pre-Release Software (in executable REPRESENTATIONS AND WARRANTIES FOR THE PRE-code form) solely for internal evaluation and trial RELEASE SOFTWARE INCLUDING, BUT NOT LIMITED TOpurposes and providing Feedback; and (b) make a THOSE OF PERFORMANCE, MERCHANTABILITY,reasonable number of copies of the Pre-Release Software CONDITION OF WARRANTY, SATISFACTORY QUALITY,solely for backup or archival purposes and as necessary FITNESS FOR A PARTICULAR PURPOSE, INTEGRATION ANDfor testing and evaluation as set forth in this Agreement. NON-INFRINGEMENT.
2. RESTRICTIONS. Member acknowledges that the Pre- 4. PRE-RELEASE ONLY. Member acknowledges thatRelease Software and its structure, organization and Adobe: has not publicly announced the availability of thesource code constitute valuable trade secrets of Adobe Pre-Release Software; has not promised or guaranteed toand its suppliers. Member will have no right to (a) modify, Member that such Pre-Release Software will beenhance, adapt, alter, translate, or create derivative works announced or made available to anyone in the future; hasfrom the Pre-Release Software; (b) merge the Pre-Release no express or implied obligation to Member to announceSoftware with other software; (c) sublicense, lease, rent, or introduce the Pre-Release Software; and may notloan, sell, export, or otherwise transfer or distribute the introduce, commercialize or make publicly available aPre-Release Software to any third party; (d) reverse product similar to or compatible with the Pre-Releaseengineer, decompile, disassemble, or otherwise attempt Software. Accordingly, Member acknowledges that anyto derive the source code for the Pre-Release Software; or research or development that it performs regarding the(e) otherwise use or copy the Pre-Release Software except Pre-Release Software or any product associated with theas expressly allowed under Section 1 above. However, to Products is done entirely at Members own risk (includingthe extent applicable law grants Member the right to any costs and liabilities). Adobe is not obligated todecompile the Pre-Release Software in order to obtain provide maintenance, technical support or updates toinformation necessary to render the Pre-Release Software Member for any Product.interoperable with other software, Member will firstrequest prior written approval from Adobe, and Adobe 5. LIMITATION OF LIABILITY.may impose such reasonable conditions (including,without limitation, a reasonable fee) on such use to 5.1 SUBJECT TO SECTION 5.2, IN NO EVENT SHALLensure that Adobes rights in the Pre-Release Software are ADOBE BE LIABLE, WHETHER IN CONTRACT, TORTprotected. Except as expressly set forth in this Exhibit, (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY OFMember acquires no license under any intellectual THE FOLLOWING DAMAGES WHATSOEVER INCLUDINGproperty rights of Adobe under this Exhibit, and Adobe (A) THIRD-PARTY, SPECIAL, OR INCIDENTALretains all right, title and interest in and to the Pre-Release DAMAGES (INCLUDING DAMAGES FOR LOSS OFSoftware and any derivative works thereof. BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS3. WARRANTY AND DISCLAIMER. Member acknowledges OF BUSINESS INFORMATION, LOSS OF DATA, LOSSthat the Pre-Release Software: is in pre-commercial OF GOODWILL, LOSS OF REVENUE OR LOSS OFrelease version(s) form; does not represent a final product ANTICIPATED SAVINGS, AND THE LIKE), ORfrom Adobe; and may time-out, have limited functionality, (B) INDIRECT OR CONSEQUENTIAL LOSS, RELATEDcontain bugs, errors, and other problems that could cause TO, ARISING FROM OR IN CONNECTION WITH THEcomputer software, hardware, system failures, or loss of PRE-RELEASE SOFTWARE OR THE USE OR THEaccess to data. The Pre-Release Software may contain INABILITY TO USE ANY OF THE PRE-RELEASEtime bombs or other license management software. SOFTWARE,EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION ANDTO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRE- EVEN IF ADOBE HAS BEEN ADVISED OF THE POSSIBILITYRELEASE SOFTWARE IS PROVIDED TO MEMBER AS IS, OF SUCH DAMAGES. MEMBER HEREBY RELEASES ANDAND ADOBE MAKES, AND MEMBER RECEIVES NO FOREVER DISCHARGES ADOBE FROM ANY AND ALL SUCHWARRANTIES, TERMS, REPRESENTATIONS OR CONDITIONS DAMAGES. IN THE EVENT THAT A COURT OF COMPETENTOF ANY KIND, EXPRESS, IMPLIED, STATUTORY, ORCopyright 2007 Adobe. All rights reserved.Terms of Use http://www.adobe.com/misc/copyright.htmlPrivacy Policy http://www.adobe.com/misc/privacy.html Page 11 of 19JURISDICTION HOLDS ANY OF THE ABOVE LIMITATIONS agreement as may be agreed to by the parties. WithOR DISCLAIMERS INVALID, ADOBES AGGREGATE respect to technical information Member may provide toLIABILITY SHALL BE LIMITED TO TWICE THE AMOUNT Adobe in connection with any Pre-Release Software,ACTUALLY PAID BY MEMBER TO ADOBE UNDER THIS Adobe may use such information for its businessAGREEMENT. ADOBES LIABILITY IS CUMULATIVE, WITH purposes, including, without limitation, for productALL OF MEMBERS LOSSES BEING AGGREGATED TO support and development.DETERMINE SATISFACTION OF THE LIMIT. THE PARTIESACKNOWLEDGE THAT OTHER PROVISIONS OF THIS 7. FEEDBACK. If requested by Adobe, Member willAGREEMENT RELY UPON THE INCLUSION OF THIS provide reasonable feedback with respect to the Pre-SECTION. Because some states and jurisdictions do not Release Software evaluations, including without limitationallow the exclusion or limitation of liability for reasonable feedback on usability, bug reports, test resultsconsequential, special, or incidental damages or the and documentation (collectively Feedback) and developexclusion of implied warranties or limitations on how long a test sample and either send paper samples withan implied warranty may last, some of the above comments to Adobe or, where appropriate, sendlimitations and disclaimers may not apply to Member. machine-readable files as test samples. Member grants toThis Agreement does not exclude, restrict or modify any Adobe a non-exclusive, worldwide, royalty-free, fully paid-liability imposed under the law that cannot, by such law, up right and license to reproduce, distribute, makebe excluded, restricted or modified when applied to derivative works based upon, publicly display, publiclyMember as identified in the applicable Membership perform, make, use, sell, and export the Feedback asApplication. incorporated within Adobe products and services, including without limitation the right to sublicense such5.2 NOTHING IN THIS AGREEMENT SHALL LIMIT rights through multiple tiers of sublicensees.ADOBE'S LIABILITY FOR DEATH OR PERSONAL INJURYCAUSED BY ITS NEGLIGENCE, FRAUD, WILFUL 8. DEBUG APPLICATION. If debug application software forMISCONDUCT, OR GROSS NEGLIGENCE. any Pre-Release Software is made available to Member, Member may reproduce and use such debug application6. INTELLECTUAL PROPERTY. All materials (including, software only for its internal Adobe-related codingwithout limitation, the Pre-Release Software and any purposes, and Member may not use the debugassociated documents, drawings, models, apparatus, application software, its libraries, symbol files, or anysketches, designs, and lists) furnished to Member by component thereof for purpose not explicitly permittedAdobe shall remain the sole and exclusive property of under this Section 8. Such debug application software isAdobe and shall be returned to Adobe promptly at its provided as a development tool only. The debugrequest, together with any copies thereof. Upon public application software is Adobes proprietary technology,release or commercialization of the Pre-Release Software, and Member shall treat it as Adobes ConfidentialMember will destroy all prerelease versions of the Pre- Information. The waiver of warranty provision in thisRelease Software received from Adobe, including all Exhibit and the limitation of liability provision of thisassociated documentation, and to abide by the terms of Exhibit shall apply to any debug application softwarethe applicable End User License Agreement or such other made available to Member.
Member hereby agrees to be bound by the terms and conditions of any and all End User License Agreements applicable forany and all Product(s). Member hereby agrees to be bound by the terms and conditions of this Exhibit and the applicableAppendix (ices) for any and all NFR Software obtained by Member. Further, Member and Adobe agree as follows:
1. LICENSE GRANT. Subject to the terms of this Agreement install and access the corresponding NFR Software on aand payment of applicable Membership Fees, Adobe single server that may be accessed by up to five (5)hereby grants Member a nonexclusive, nontransferable, workstations for demonstration and training purposes only.nonassignable, nonsublicensable, revocable, limited license Member acknowledges that notwithstanding anything toto use the NFR Software (in executable code form) solely for: the contrary, the licenses to all NFR Software provided to(a) demonstrations; (b)training purposes (Training Member will expire as of the expiration or termination ofServices) at: (i) the physical locations of Member where the this Agreement. Unless expressly provided herein, MemberNFR will be installed (including those facilities identified in may not install the NFR Software on an End User system andthe Member program application and all facilities rented or if installed on the personal system of a Member employee,leased on a temporary basis for the explicit purpose of must be removed if such employee should cease to beproviding instructor-led, classroom technical training) employed by Member. Use of the NFR Software is subject(Member Location), (ii) a rented or leased classroom to the terms and conditions of the license agreement that isfacility, or (iii) an End Users site (provided that the NFR contained in the NFR Software in electronic form as part ofSoftware may not be installed on an End Users systems, the product installer or which accompanies the NFRservers or network without the prior written consent of the Software. If there is any conflict between the terms of theAdobe Order Management group); (c) installation and NFR Software license and the terms of this Agreement, theintegration of the NFR Software into the secured computer terms of this Agreement shall prevail.systems of an End User, and testing of such installation andintegration of the NFR Software, only as necessary in 4. PROHIBITIONS. Member acknowledges that the NFRconnection with and for enablement of the Software. Use Software and its structure, organization and source codeof NFR Software shall not be for production purposes; and constitute valuable trade secrets of Adobe and its suppliers.(d) for training, for such period of time when Training Member will have no right to (a) modify, enhance, adapt,Services are performed at the End Users site when Training alter, translate, or create derivative works from the NFRServices are being provided by Member per the terms of an Software; (b) merge the NFR Software with other software;Appendix. (c) sublicense, lease, rent, loan, sell, export, or otherwise transfer or distribute the NFR Software to any third party; (d)2. Conditions of Use. Member shall not use the NFR transfer this Agreement or any license to use the NFRSoftware for any purposes other than those permitted Software (e) reverse engineer, decompile, disassemble, orhereunder or under an Appendix. otherwise attempt to derive the source code for the NFR Software; or (e) otherwise use or copy the NFR Software3. Restrictions on License. The NFR Software may not except as expressly allowed under Section 1 above.be resold, transferred or otherwise distributed to third However, to the extent applicable law grants Member theparties. Member shall be entitled to one copy of the NFR right to decompile the NFR Software in order to obtainSoftware per product per platform for each Member information necessary to render the NFR SoftwareLocation for each of the purposes set forth in Section 1 interoperable with other software, Member will first requestabove. Member shall request the NFR Software through the prior written approval from Adobe, and Adobe may imposeissuance of no charge purchase orders. The NFR license is such reasonable conditions (including, without limitation, arestricted to twelve (12) workstations for each Adobe reasonable fee) on such use to ensure that Adobes rights insoftware product. The total of twelve (12) NFR licenses is in the NFR Software are protected. Except as expressly settotal and cannot be expanded by combining with benefits forth in this Exhibit, Member acquires no license under anythat Member may have under other agreements with intellectual property rights of Adobe under this Exhibit, andAdobe or under Appendices. If used for Training Services, Adobe retains all right, title and interest in and to the NFRup to twelve (12) people authorized by Member (not Software and any derivative works thereof.including the trainer), may use the NFR Software provideunder the NFR license on site at a single training location 5. WARRANTY AND DISCLAIMER. Member acknowledges thatper training session. For the purposes of this Agreement, the NFR Software: is in pre-commercial release version(s)use on a workstation means that such workstation is not form; does not represent a final product from Adobe; andused as a local area network server and allows the NFR may time-out, have limited functionality, contain bugs,Software to be accessed by a single processor only. errors, and other problems that could cause computerNotwithstanding the foregoing, if the Adobe software software, hardware, system failures, or loss of access to data.product is intended for server applications, Member may The NFR Software may contain time bombs or other license management software. EXCEPT AS EXPRESSLY PROVIDEDCopyright 2007 Adobe. All rights reserved.Terms of Use http://www.adobe.com/misc/copyright.htmlPrivacy Policy http://www.adobe.com/misc/privacy.html Page 13 of 19IN THIS SECTION AND TO THE MAXIMUM EXTENT SHALL BE LIMITED TO TWICE THE AMOUNT ACTUALLY PAIDPERMITTED BY LAW, THE NFR SOFTWARE IS PROVIDED TO BY MEMBER TO ADOBE UNDER THIS AGREEMENT. ADOBESMEMBER AS IS, AND ADOBE MAKES, AND MEMBER LIABILITY IS CUMULATIVE, WITH ALL OF MEMBERS LOSSESRECEIVES NO WARRANTIES, TERMS, REPRESENTATIONS OR BEING AGGREGATED TO DETERMINE SATISFACTION OF THECONDITIONS OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, LIMIT. THE PARTIES ACKNOWLEDGE THAT OTHEROR OTHERWISE BY ANY COUNTRY OR JURISDICTION, PROVISIONS OF THIS AGREEMENT RELY UPON THERELATED TO, ARISING FROM OR IN CONNECTION WITH THE INCLUSION OF THIS SECTION. Because some states andNFR SOFTWARE. ADOBE SPECIFICALLY DISCLAIMS ANY jurisdictions do not allow the exclusion or limitation ofAND ALL CONDITIONS, TERMS, REPRESENTATIONS AND liability for consequential, special, or incidental damages orWARRANTIES FOR THE NFR SOFTWARE INCLUDING, BUT the exclusion of implied warranties or limitations on howNOT LIMITED TO THOSE OF PERFORMANCE, long an implied warranty may last, some of the aboveMERCHANTABILITY, CONDITION OF WARRANTY, limitations and disclaimers may not apply to Member. ThisSATISFACTORY QUALITY, FITNESS FOR A PARTICULAR Agreement does not exclude, restrict or modify any liabilityPURPOSE, INTEGRATION AND NON-INFRINGEMENT. imposed under the law that cannot, by such law, be excluded, restricted or modified when applied to Member6. LIMITATION OF LIABILITY. as identified in the applicable Membership Application.6.1 SUBJECT TO SECTION 6.2, IN NO EVENT SHALL ADOBE 6.2 NOTHING IN THIS AGREEMENT SHALL LIMITBE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING ADOBE'S LIABILITY FOR DEATH OR PERSONAL INJURYNEGLIGENCE) OR OTHERWISE FOR ANY OF THE FOLLOWING CAUSED BY ITS NEGLIGENCE, FRAUD, WILFULDAMAGES WHATSOEVER INCLUDING MISCONDUCT, OR GROSS NEGLIGENCE. (A) THIRD-PARTY, SPECIAL, OR INCIDENTAL DAMAGES 7. INTELLECTUAL PROPERTY. All materials (including, without (INCLUDING DAMAGES FOR LOSS OF BUSINESS limitation, the NFR Software and any associated documents, PROFITS, BUSINESS INTERRUPTION, LOSS OF drawings, models, apparatus, sketches, designs, and lists) BUSINESS INFORMATION, LOSS OF DATA, LOSS OF furnished to Member by Adobe shall remain the sole and GOODWILL, LOSS OF REVENUE OR LOSS OF exclusive property of Adobe and shall be returned to Adobe ANTICIPATED SAVINGS, AND THE LIKE), OR promptly at its request, together with any copies thereof. Upon public release or commercialization of the NFR (B) INDIRECT OR CONSEQUENTIAL LOSS, RELATED TO, Software, Member will destroy all prerelease versions of the ARISING FROM OR IN CONNECTION WITH THE NFR NFR Software received from Adobe, including all associated SOFTWARE OR THE USE OR THE INABILITY TO USE documentation, and to abide by the terms of the applicable ANY OF THE NFR SOFTWARE, End User License Agreement or such other agreement as may be agreed to by the parties. With respect to technicalEVEN IF ADOBE HAS BEEN ADVISED OF THE POSSIBILITY OF information Member may provide to Adobe in connectionSUCH DAMAGES. MEMBER HEREBY RELEASES AND with any NFR Software, Adobe may use such information forFOREVER DISCHARGES ADOBE FROM ANY AND ALL SUCH its business purposes, including, without limitation, forDAMAGES. IN THE EVENT THAT A COURT OF COMPETENT product support and development.JURISDICTION HOLDS ANY OF THE ABOVE LIMITATIONS ORDISCLAIMERS INVALID, ADOBES AGGREGATE LIABILITY
1. Member acknowledges that, except for the license 3. Upon reasonable request from Adobe, Member willexpressly granted in this Agreement, Member has not notify Adobe of the locations of Members use of the Adobeacquired and will not acquire any right, interest or title to Trademarks and promptly provide Adobe with suitablethe Adobe Trademarks by reason of this Agreement or specimens of materials created by or for Member that usethrough the exercise of any rights in the Adobe Trademarks any of the Adobe Trademarks. Adobe shall be entitled togranted to Member hereunder. Member further review Members use of the Adobe Trademarks periodicallyacknowledges that all proprietary rights in the Adobe to evaluate Members compliance with Adobes qualityTrademarks and the goodwill associated therewith are standards. If Adobe so requests, Member will submit tosolely owned by and belong to Adobe, and that all Adobe any uses of the Adobe Trademarks for Adobesadditional goodwill associated with the Adobe Trademarks approval prior to the dissemination of the materials, suchcreated through their use by Member will inure to Adobes approval not to be unreasonably withheld. If at any timesole benefit. As between Member and Adobe, Adobe will Adobe determines that Member is not maintainingbe considered the creator of the Adobe Trademarks, and all adequate quality standards, Member shall be considered inrights in the Adobe Trademarks will be Adobes property. In breach of this Agreement and subject to the terminationaddition, Member hereby grants, assigns and conveys to provisions of Section 5.3 of Exhibit A. Member shall remedyAdobe any and all rights Member may now have or may be any material deficiencies in its use of the Adobe Trademarksdeemed to have in the future with respect to the Adobe and/or quality of Members services or products provided inTrademarks or any portion of them. At Adobes request and conjunction with the Adobe Trademarks, as determined byreasonable cost, Member shall execute all documents as are Adobe in its sole discretion and upon reasonable noticenecessary to vest such rights in Adobe. Member will not from Adobe, as soon as reasonably possible but in anyregister or attempt to register any brand, names, marks, or event not later than ten (10) days following notice fromother elements of the Adobe Trademarks as a trademark, Adobe.service mark, Internet domain name, trade name, or anysimilar trademarks or name, with any domestic or foreign 4. Member will use the Adobe Trademarks only ingovernmental or quasi-governmental authority which connection with services or products that: (a) meet orwould be likely to cause confusion with any of the Adobe exceed all applicable (U.S. and non-U.S.) laws andTrademarks. Member will not to commit any act that would regulations; (b) are advertised in compliance with allcause any of the Adobe Trademarks to vest in the public applicable (U.S. and non-U.S.) fair advertising laws anddomain in any jurisdiction. Other than as set forth in this regulations; (c) comply with all other applicable (U.S. andAgreement, Member shall make no use of the Adobe non-U.S.) laws and regulations; (d) are of a quality andTrademarks or of any designation confusingly similar to any reputation consistent with the high quality of Adobeof the Adobe Trademarks without Adobes prior written products and services; and (e) are advertised in a mannerconsent. consistent with industry standards. Member shall mark every use of the Adobe Trademarks with the proper2. Member further agrees that Member will not have the trademark notices set forth in the applicable list of Adoberight to, and Member will not, (a) use any method other trademarks currently located at Permissions and trademarkthan that authorized in writing by Adobe for the purpose of guidelines pages of Adobes official web site atidentifying Member as a member of the Program or http://www.adobe.com/misc/agreement.html, or aestablishing a link from Members Site to Adobes; (b) use successor site thereto. Member shall ensure that thethe Adobe Trademarks in any manner that suggests an appropriate trademark symbol(s) will appear in superscriptendorsement or validation of any product or service of a whenever the Adobe Trademarks are included in anycompany other than Adobe, except as expressly permitted advertisement, brochure, or other material created orby this Agreement; (c) use the Adobe Trademarks in circulated by or for Member. Member shall display theconnection or association with any matter that is unsuitable following acknowledgment of trademark ownership on anyfor or incompatible with the Program or in connection or advertising, promotional or other materials created orassociation with any matter relating to any Restricted circulated by or for Member that include the AdobeContent as that term is defined in Section 2.10 of this Trademarks: [List of Adobe Trademarks used, beginningAgreement; or (d) use the Adobe Trademarks or any other with Adobe and the Adobe logo, if used, followed bynames, marks, symbols, copyrights, logos, fanciful or other other Adobe Trademarks in alphabetical order] are eithercharacters, designs, representations, figures, drawings, registered trademarks or trademarks of Adobe Systemsphotographs, ideas or other proprietary designations or Incorporated in the United States and/or other countries.properties owned, developed, licensed or created by Members use of the Adobe Trademarks shall comply at allAdobe, except as expressly permitted by this Agreement. times with this Agreement, the Adobe Trademark
If Member is either an Adobe Certified Instructor or an Adobe Authorized Training Center (each, as defined below) andhas been accepted to receive Benefits under the Program, the following additional terms shall apply. Member andAdobe agree as follows:
1.1 Adobe Authorized Training Center or AATC means an organization that satisfies the Certification Requirements, offers Adobe Product classes taught by Adobe Certified Instructors, and meets all requirements of the Program, each as determined by Adobe.1.2 Adobe Certified Expert means an individual who has earned the Adobe Certified Expert certificate and who meets all requirements of the Adobe Certified Expert Program, as determined by Adobe.1.3 Adobe Certified Instructor or ACI means an individual who satisfies the Certification Requirements, has earned the Adobe Certified Expert Certificate, provided acceptable proof of instructor skills, and meets all requirements of the Program, each as determined by Adobe.1.4 Certification Requirements means the requirements listed in Section 2 below which may be changed by Adobe from time to time. A Members fulfilling all Certification Requirements shall be deemed a Membership Prerequisite.1.5 Major Upgrade means a Product upgrade designated by a change in version number to the left of the decimal place or otherwise designated as a Major Upgrade under this Agreement by Adobe. For example, unless otherwise designated by Adobe, Acrobat 6.0.1 is not a Major Upgrade, but Acrobat 7.0 is a Major Upgrade.1.6 Marketing Information includes, but is not limited to, stationery, business cards, advertisements, brochures, Web pages, training manuals, and other promotional information.1.7 Materials means the ACI or AATC Welcome Kit and such other items, if any, provided by Adobe to Member.1.8 Training Provider means any Member who is either an Adobe Certified Instructor or an Adobe Authorized Training Center.
All of the following requirements must be met, as determined by Adobe, for each Product or Major Upgrade for whichTraining Provider seeks to receive initial certification or to maintain certification to train customers in order for eachsuch Product or Major Upgrade to be an Authorized Product:
2.1 Training Provider must have received notice of acceptance into the Program from Adobe. This is a one-time requirement and need not be repeated for each Product or version for which certification is sought as long as the Agreement is in force and has not expired or been terminated.2.2 To be certified and maintain certification as a Training Provider, one hundred percent (100%) of the Training Providers current and future Product classes must be delivered by Adobe Certified Instructors.2.3 Prior to certification for each Product version, for each instructor that will teach any portion of a Product course for which Training Provider seeks authorization, Adobe must receive confirmation that the instructor has passed the appropriate Adobe Product Proficiency Exam or Adobe Product Proficiency Recertification Exam (each, an Exam) in the form of an electronic score report from the testing provider or a valid copy of the printed score report received at the time of the Exam. This is an ongoing requirement, and Training Provider must update Adobe for each Product or version for which certification is sought as long as this Agreement is in force. A passing score on an Exam is good only for the particular Product and version (including minor upgrades) that is the subject of such Exam. To avoid expiration of the certification previously obtained by the instructor for the Product after a Major Upgrade, the instructor must complete and pass the applicable Exam within ninety (90) days after such Exam is first made available for the applicable Major Upgrade. In addition, Training Providers instructors must successfully obtain and maintain a Verification of Instructor Skills as demonstrated by one of the methods set forth in the materials accompanying the Membership Application. The Verification of Instructor Skills is a one- time requirement and need not be repeated by Training Providers instructors for each Product or version for which certification is sought as long as any such Verification is in force and has not expired or otherwise been
None (other than any fees incurred in connection with the Exam and applicable license fees)
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View here the free Earlex VAP75 manual. Have you read the manual but does it answer your question? Then ask your question on this page to other Earlex VAP75 owners.
Ask the question you have about the Earlex VAP75 here simply to other product owners. Provide a clear and comprehensive description of the problem and your question. The better your problem and question is described, the easier it is for other Earlex VAP75 owners to provide you with a good answer.

subset: commoncrawl


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Partners in Care – Carers and Case Workers Stronger Together; Working with Adolescents
This course has no current classes. Please the waiting list.
The challenges of working with adolescents in Out of Home care are complex; caseworkers and carers alike may be unprepared for the demands and changing needs of 12 – 18 years olds and this can lead to relationship breakdowns between carers, caseworkers and the children and young people they care for.
In these critical years, young people face fear and uncertainty as they transition to adulthood, independence and ultimately leaving care. They are confronted with a changing identity and perhaps mixed feelings about being in care and contact with biological family. There may be confusion about what their future holds whilst the caseworker and carer debate decisions on behalf of 'what's in the best interests of the child'.
'Partners in Care' takes a collaborative peer approach where case workers and carers share power and knowledge, pool their skills and redefine roles to negotiate a consistent approach in working with adolescents. Together you will develop a common shared language and discover a new way of connecting.
At this two day workshop you can expect to:
- Explore the strengths and limitations of the caseworker and carer roles
- Negotiate shared understandings and agreements to achieve consistency of approach
- Learn about and apply tools and techniques to support opening up conversations with adolescents
- Learn new skills and utilise tools that will equip you to help young people find their own voice and articulate meaningful goals
- Assess where young people are at with their thinking and their goals
- Be able to use the SMART goal framework (it is harder then it seems)
- Engage and assess a young person's motivation
- Take away practical tools and resources to strengthen and enhance your practice
Who should attend?
Foster carers and case workers working with adolescents in the 12-18 year age group. Ideally each worker will attend with a carer to maximise the learning for this course.


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I had the privilege of working with Kevin Beckner when we both served on the Hillsborough County Metropolitan Planning Organization. Kevin is an intelligent, ethical, and dedicated public servant who makes decisions based on what he believes is best for our community. He was known for his thorough preparation and robust dialogue regarding the issues at hand. Kevin Beckner will make a very solid and hard-working Clerk of the Circuit Court.
Joe Affronti, Sr.
Former Mayor, Temple Terrace
I proudly endorse Kevin Beckner. His experience as a financial planner, his understanding of Hillsborough County and his impeccable judgement and foresight make him the perfect person to serve as Clerk of the Circuit Court.
Joe Citro
Tampa City Council
Education is the new currency. This is a quote which I am certain Kevin Beckner will apply as the Clerk of the Circuit Court. Kevin's experience with large budgets management and people skills will serve to benefit the needs of our Hillsborough County Public School employees and students.
Lynn Gray
Hillsborough County Public School Board Member, District 7
As Florida's Insurance Consumer Advocate, I served as our independent watchdog, protecting consumers from price gouging and insurance scams. I watched Kevin Beckner lead the fight for consumers' rights on the Hillsborough County Commission, exposing bogus claims and tackling insurance fraud. His work with law enforcement on long-needed PIP reform resulted in lower insurance costs for all Floridians, and he convinced his fellow Commissioners to pursue a damages claim against BP Oil, resulting in the largest award of any county in Florida: $28.5 million. Kevin is focused, capable, and determined – he's exactly who we need as Clerk of the Circuit Court.
Sean Shaw
Former Florida Insurance Consumer Advocate, and State Representative, District 61
As the former Chief Financial Officer for the State of Florida, I know firsthand what skill sets and background are required to effectively run this important branch of government. I have known Kevin Beckner for years and watched him serve with integrity and efficiency while on the board of the Hillsborough County Commission. With his years of public service as a County Commissioner balancing a $4 billion budget and over 17 years as a Certified Financial Planning Professional, Kevin is my choice and the right person to lead Hillsborough into the future as Clerk of the Circuit Courts.
Alex Sink
Former Chief Financial Officer, State of Florida
Kevin is smart, honest, and ethical. He cares deeply about good government and he pays attention to details. He is the right person to be Clerk of the Circuit Court.
Ed Turanchik
Attorney and Former County Commissioner
Kevin Beckner is a trailblazer with a commitment to service and a track record as a champion for fiscal responsibility, inclusion, and historic change in Hillsborough County. I am proud to stand with Kevin as he seeks to continue his journey as the Clerk of our Circuit Court.
Luis Viera
Tampa City Council Chair
Kevin has the demeanor and experience to be an excellent Clerk of the Circuit Court. He will help our community by managing our court system which touches so many people's lives.
Erin Aebel
As a former member of the Hillsborough Civil Service Board, I watched Kevin lead a collaborative effort among key stakeholders to create a new strategic plan for the Civil Service Board, including developing a new mission statement, vision statement, and goals. I also watched him implement innovative methodologies to incorporate paperless and web technology into our daily operations to make our organization more efficient and effective. Finally, I watched him manage taxpayer funds to successfully execute the many functions of our board and staff consistently under budget. Those qualities of collaborative leadership, visionary strategic planning, innovative use of technology, and efficient use of funds, when combined with his extensive network and knowledge of Hillsborough County operations, make him an excellent choice for Clerk of Court.
Neal Carbaugh
Retired Colonel, United States Air Force
Former Hillsborough County Civil Service Board Member
I have known Kevin as both a county commissioner and as an involved community citizen and I know his expertise and professionalism will provide to the citizens of HIllsborough county the best candidate to serve as Clerk of the Circuit Court.
Robert Glaser
President/CEO, Smith & Associates Real Estate
I've known Kevin for many years and consider him to be a friend and mentor. As a County Commissioner, he collaborated with the business community, grassroots organizers, and government agencies to effect lasting change in Hillsborough County. Kevin's integrity and financial background make him the perfect fit for the Clerk of the Circuit Court and I'm thrilled he's seeking elected office again. We could not be in better hands.
Ed Lally
Political & LGBTQ+ Activist
Kevin has a knack for bringing diverse communities together to find solutions that are only possible because new perspectives and vantage points are allowed to emerge. We need smart, capable, inclusive and disciplined leadership. Kevin hits the mark.
Nadine Smith
LGBT Activist
As County Commissioner, Kevin Beckner worked to expand the Civil Citation Program countywide to make sure our children get a second chance in life. He helped pave the way local policymakers address violence and post-incarceration continuums of care in the community. It's refreshing to see leadership in action!
Robert Blount
Hillsborough County Resident
I followed Kevin's service on the Board of County Commissioners and found him to be a servant of all the citizens. He consistently chose to champion human rights' initiatives to strengthen our community at-large that include: Civil Citations for juvenile offenders, violence prevention in our neighborhoods (Safe & Sound), human rights protection of all citizens, career development training for non-violent ex-offenders and a county-wide Diversity Council, to name a few.
We need effective, compassionate leaders. Kevin Beckner has proven himself to be one of those leaders and, in my opinion, he is the right person to lead the Office of the Clerk of Circuit Court.
Dr. Samuel L. Wright
President/CEO, Dr. Samuel L. Wright Consulting, LLC
As a former local governmental agency attorney I worked closely with Kevin for over 10 years. I saw his dedication to making improvements in our community and I know he always does his homework. I know that Kevin's interest in elected office is for the right reason, government that is efficient and inclusive. Kevin is by far the best qualified person to serve as our next Clerk of the Circuit Court.
Rick Tschantz
Attorney, Carlton Fields
Kevin has always been an excellent public servant and watchdog of our tax dollars. His 'thinking outside of the box' will serve us well.
Simon M. Canasi
Tampa Hispanic Heritage Man of the Year, 2019 and Former Hillsborough County Civil Service Board Member
I worked closely with Kevin as the Chair of the Hillsborough County Civil Service Board and throughout a difficult transition which he displayed extreme knowledge and leadership. Kevin consistently displayed the highest level of professionalism during every interaction, meeting and conversation. Kevin's experience and integrity would make him an excellent Clerk of the Circuit Court.
Ernie E. Trichler, II
Attorney and Former Chair of Hillsborough County Civil Service Board


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- Forum >
- Topic: Italian >
- "Loro lavoreranno."
"Loro lavoreranno."
Translation:They will work.
May 19, 2014
6 Comments
Can this mean what one would assume if heard out of context in English-- "They will work" as in "well, they will perform the function, but it's not ideal"? Could it refer to inanimate objects?