Government unity. Participation is conditional on the fact that the member (and any affiliate) is a “government entity”, i.e.: (a) a federal, central or national agency, department, commission, council, office, council or authority (executive, legislative or judicial); (b) a municipality, a special constituency, a city, a county or public authority, a department, a commission, a board of directors, an office, a board of directors, an institution or authority or any other executive, legislative or judicial authority created by the Constitution or the status of the state in power, including regional and administrative authorities; or (c) a public body or agency, created and/or funded by federal, regional or local governments, empowered to govern or support citizens, businesses or other public authorities. To avoid doubts, the following entities are not public bodies: private “profit” entities, non-profit organizations, trade or industry associations, higher education institutions and unions, including those working on behalf or with government authorities, unless that entity has a specific letter of authorization from a U.S. government unit in accordance with FAR Part 51. The member represents Adobe by ensuring that it and its related companies are government agencies. A list of qualified “government agencies” for Japan is available at www.adobe.com/jp/aboutadobe/volumelicensing/pdfs/cl5_government_license_table.pdf. 2.4 Members. The Schedule B conditions apply to members of education, government and non-profit members. The member must use a separate VIP agreement for all products made available and ordered in the People`s Republic of China.
5.5 Generalities. The parties are independent contractors and the agreement is not construed as one of the other`s agent or partner. The member cannot surrender this contract (by law or otherwise) without Adobe`s prior written consent, and any prohibited assignment is cancelled. Adobe may, at its sole discretion, resettle or renew the agreement without the member`s prior written consent. This agreement is mandatory for all licensees or authorized agents and will be taken into account in this agreement. The amendments are valid or mandatory, unless they are authorized in writing. This agreement (including the programme guide, the applicable terms of use and, if applicable, all documents or information relating to online registration) constitutes the whole agreement between the parties regarding the purpose of this agreement. If a provision of this agreement is found to be unenforceable, the remainder of the agreement will remain fully in force. 1.2 Resignation. Notwithstanding the above, any party may terminate the contract with or without cause thirty (30) days before the written notification. The termination of this agreement does not affect the Member`s obligations regarding products ordered prior to the termination date, including subscription terms or payment obligations.
In addition, following a written announcement, Adobe may immediately terminate the agreement due to a substantial violation (including, but not limited, any misappropriation or violation of Adobe`s intellectual property rights). When this contract ends, the member`s organization will immediately stop using the products, remove products from all computer systems and computer devices on which they are located, and return all media containing the products and all materials associated with the member`s account manager. Account manager means either (i) reseller if a transaction is made through a reseller, or (ii) representing Adobe if a transaction is made with Adobe.
