I am a contractor and have a client who I designed an interactive brochure for. They want to take the brochure online as a website, so have requested the images and working files used in the brochure.
I have been told that the client will need to purchase their own license if they are to receive a copy of the images and there was no way to transfer the license to them, and was told this by adobe staff over the phone, but now I see in similar questions around here and in these clauses:
(A) Employer or Client Use. You may purchase a license pursuant to these Terms on behalf of your employer, provided that you represent and warrant that you have the authority to bind your employer to these Terms. You may use the license granted in these Terms for the benefit of one of your clients, provided that you transfer your license to your client, and your client must comply with these Terms. You are solely responsible and liable for use of the Work by your employer or client. You must purchase additional licenses for the same Work if you intend to use the same Work for the benefit of other clients.
4.2 Employee and Contractor Use. Unless you are subject to section 4.3 below, you may not transfer the unmodified Work. However, you may transfer files containing the Work or permitted derivative works to employees or subcontractors, provided that such employees and subcontractors agree to abide by the restrictions in these Terms and only use the Work on your behalf. The employees and subcontractors have no additional rights to use the Work.
Does this mean that I can give the images to my client for this project, so long as I don't use the images for other clients? Would that constitute me buying a license on their behalf?
You may use the license granted in these Terms for the benefit of one of your clients, provided that you transfer your license to your client, and your client must comply with these Terms. You are solely responsible and liable for use of the Work by your employer or client.
You can use the image for work for your client and when you use the same image for a different client you need to license again. The client must adhere to terms that are at least as stringent as Adobe's.
Regards, Abambo Hard- and Software Engineer and Photographer.