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Adobe License Right to Use Agreement
for Personally Owned Computers
In this Agreement, the party who is granting the right to use the license will be referred to as "Hancock",
and the party who is receiving the right to use the license will be referred to as "employee".
The parties agree as follows:
1. GRANT OF USE.
Allan Hancock College (AHC) has an Enterprise Term License Agreement (ETLA) for Adobe Creative
Cloud software sponsored by the Foundation for California Community Colleges. This agreement
enables employees to obtain their own copy of the software to use on personally owned computers for the
purpose of enabling the employee to perform college business. This is called work at home use (WAH).
The employee does not own the software; rather they are authorized to use the software pursuant to the
terms and conditions of the agreements during the licensing period. Upon termination of employment at
AHC, the software must be removed immediately from all personally owned devices.
2. TRANSFER OF RIGHTS.
The employee is not authorized to sell or distribute the Software, as received or modified. The employee
is not authorized to transfer the rights of this agreement to another party. The employee must remove the
supplied Software from their computer before the computer is disposed of, sold, or transferred to any
other party.
3. WARRANTIES. There are no warrantees or implied warranties with the use of this Software. In no
event will Hancock College be liable for direct, indirect, special, incidental, or consequential damages,
that are in any way related to the use of the Software. No support or updates will be provided by Hancock.
4. TERMINATION. This Agreement may be terminated any time by either party.
This Agreement shall terminate automatically when the employee separates from the college.
Further more, this Agreement shall terminate automatically when either Hancock does not renew its
Adobe Licensing agreement or the option for personally owned computers is no longer included as part of
the purchased Adobe Licensing agreement.
When the agreement terminates for any reason, the employee shall immediately remove the supplied
Software from their personally owned computer.
5. DEFAULTS. If the employee fails to abide by the obligations of this Agreement, Hancock shall have
the option to cancel this Agreement by providing 5 days written notice.
6. ARBITRATION. All disputes under this Agreement that cannot be resolved by the parties shall be
submitted to arbitration under the rules and regulations of the American Arbitration Association. Either
party may invoke this paragraph after providing 30 days written notice to the other party. All costs of
arbitration shall be divided equally between the parties. Any award may be enforced by a court of law.
7. MUTUAL HOLD HARMLESS/INDEMIFICATION. The undersigned agrees to defend,
indemnify and hold harmless the Allan Hancock Joint Community College District, its officers,
employees, and agents individually and collectively, from any and all injuries, losses or damages,
including damage to District property which may result from or arise in any way out of the negligence of
the undersigned as related to the software under this agreement.
8. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are
no other promises or conditions in any other agreement whether oral or written. This Agreement
supersedes any prior written or oral agreements between the parties.
9. AMENDMENT. This Agreement may be modified or amended, if the amendment is made in writing
and is signed by both parties.
10. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable
for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that
any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would
become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced
as so limited.
11. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of
this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently
enforce and compel strict compliance with every provision of this Agreement.
12. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of California.
I agree to abide by the conditions of this use agreement. Please initial each statement:
I will read and abide by the license agreement associated with this Software.
I will remove the Software from my personally owned computer immediately upon the earlier of
(a) expiration of the licensed period, or (b) the end of my employment by Allan Hancock
College.
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Employee Printed Name
Phone:
Email Address:
Employee Signature
Date
PLEASE SUBMIT SIGNED FORM TO IT SERVICES, K-14
For IT Services use only:
Approved
Not Approved
User added:
User removed: