This document contains correspondence between Adobe and Sapura Synergy Singapore regarding a breach of an Adobe Training Provider Program Agreement. Adobe notifies Sapura that they are in breach of the agreement for infringing Adobe's copyrights and trademarks. Sapura responds by offering to pay US$349,499 in settlement while denying authorization of the infringement acts. Adobe requests more evidence of infringement. Sapura agrees to an audit and meeting to resolve the issue.
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Please check if your adobe is real or not. found this online
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70Stamford Road, Unit Bl-27,
U Ka Shlng Ubrary Bulldfng,
Singapore 178901
Attention: Mr Chris Teo
Dear Sirs,
NOnOEOFBREACHOFADOBETRAININGPflOVtOERRtOGRAMASREEMENT
IrelandUnited("Adobe")andSapuraSynergyS&igaperePteLtdsrepartiestoan
AdobeTrainingProviderProgramAgreement(-Agreement")vrfthacontractstartdateof16May2013.
theAgreemwt,youareobl^ed.amongrtotherthing?,toconductyouractivitiesInanethicalmanner
andinawaythatreflms^vourablyonyourselfandA(tobe(Clause3.2).
inbreachofyourobligationsundertheAgreement,youhaveInfringedcopyrightsandtraden>arkr^
beo^lngtoAdobeSystemsIncorporated,asdetailedintheletterdated16August2013fromoursofldton.
Rajah & Tann LIP ("letter").
ExhibitA(GeneralTermsandConditions)oftheA^eenwit,Attobebherdxy^Wng
^ofbreachoftheAgreement.IfyoudonotcomplywithalldemandssetoutIntheLettervirfthin10days from the date of this letter, we wiflterminate theAgreement.
In the meantime, all our rights are fuUy and expressly reserved.
Yours sincerely.
Brian Nolan
^Authorised Signatory
^horlsed Signatory
Adobe Systems Software Ireland Umhed
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Orcaort: Mr. C HJa^ni; «. Rawtoy (US);L Sweewr
10. WITHOUT PREJUDICE
PRIVATE & CONFIDENTIAL
Attention: Mr Joseph Ramirez / Ms Vicky Skipp
^Sapura
Sapura Synergy Singapore Pie ud
Co. Reg. No.; 198301440N
GST Reg, No.: MR-850(Kn5-7
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We write in response to your letter to us dated 26 August 2013.
As per our conversations with Craig and Vicky, any acts of Infringement that
took place were entirely the doing of a former manager of Sapura, who is no
longer in Sapura's employ. They were done without the authorisation or
indeed the knowledge of Sapura's higher management, and we would
certainly not have condoned these actions had we known of them. We value
the long-standing and mutually beneficial relationship with Adobe over nearly
the past three decades, and we personally share Adobe's disappointment at
recent events. Sapura has no intention of infringing any of Adobe's Inteiiectual
property rights, and categorically confinns that it will not make copies of any
Adobe software products or related documentation or deal in infringing copies
of Adobe software or Gray Market / Unauthorised Products.
Without admission of liability, Sapura is prepared to pay to Adobe the sum of
US$349,499, and to reimburse Adobe for its reasonable costs (including legal
costs) incurred, in full and final settlement of the matter. This sum of
US$349,499 is derived from the number of infringing copies of Adoi>e's
software products sold, as best as we are currently able to ascertain from our
records, and the respective differences between Sapura's purchase price and
the then-prevailing reseller price of these software products. We have
compiled a tabulation of the relevant figures, as enclosed for your perusal.
Please let us know by 5 September 2013 if Adobe is agreeable to our offer
above. Sapura is sincere in its wish to resolve this unfortunate event
amicably, and to this end we will be happy to let you have sight of our relevant
records, should you so require
Sincerely Yours'
H o C h w e e H e n g C h r i s Te o
11. Sapura
Saptifa Synetgy Singapore Pte ltd
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W I T H O U T P R E J U D I C E
P R I V A T E & C O N F I D E N T I A L
12 th September 2013
Adobe Systems Incoiporated
345 Park Avenue
San Jose, CA 95110-2704
Attention: Mr Joseph Ramirez
Adobe Systems Pte Ltd
8 Temasek Boulevard
#06-02 Suntec Tower Three
Singapore 038988
Auention: Ms Vicky Skipp
S i r / M a d a m
We write in response lo your leiter lo us dated 4 September 2013.
We nole from your letter that Adobe's posiiion is that it "hos evidence that the extent of infringement" is
"significantly gjeater". Based on our invesugatiorus thus far, the infringement was as stated in our
tabulation given to you on 29 August 2013, As 5'ou know, any infringing acta tliat took place were done
by our fonner employee, without the knowledge of the company. Sapura does not and would not have
condoned such acts, and has absolutely no intention of committing any further acts of infringement
However, as we have indicated from the start, it is not Sapura's intention to disclaim responsibility and
our first position has been to compensate you for your loss. It is also clearly not our intention to delay the
resolution of this matter as .seen by the proactive steps taken by us since we found out about our
employee's breach.
Towards this end, we have engaged independent external auditors to review the extent of our former
employee's breach. We anticipate that the auditor's report will be ready by the end of this week.
We would invite you to share witli us your evidence of your stated significantly greater infringemCTt in
order that Sapura may take this into account in any settlement amount.
With reference lo sub-paragraphs 1 and 2 of your leiter of 4 September, we are concurrently compiling
the supporting documents for the transactions referred to in the table attached to our letter of 29August,
as well as for any replication of Adobe software etc. By their very nature, the documents m support of the
t a b u l a t i o n i s v o l u m i n o u s . "
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12. To the best of our knowledge, and oar investigation so far has not shown otherwise, the former employee
had only duph'cated the CDs containing the software. There is evidence that the same employee was
ask^ to duplicate (he packaging, but based on the records in our possession, this was not proceeded with.
As for sub-paragraph 3 of your letter, to the best of our knowledge and again our investigation has not
disclosed otherwise, we do not and have not dealt wiih any illegal copies of Adobe software products
and/or Grey Market or Unaudiorised Products, save for the infringement that is already the subject of our
correspondence. We would reiterate that as a well-established business, we will not and do not deal witli
matters which are contrary to law.
In this vein, we have no objection in principle to providing Adobe with a Statutory Declaration accepting
the findings of the auditors and/or our findings as to the extent of the in&ingemcnt by the former
employee, on the condition that this is kept confidential as part of any settlement readied between us.
As we have stated, wc have no objections to showing you the documents requested, or discussing tlie
basis of settlement with you. We assume that you would prefer a expeditious closure of this matter as wo
do. May we suggest that parties meet on a vwthout prejudice basis to work through these issues towards
an early settlement.As you would no doubt agree, such exchange of concespoadence is not only time
consuming, but so far has not moved towards any closure of this matter.
Please do let us know ifAdobe would be amenable to meet anytime on the week of 23 Sq>tember 2013 to
27 September 2013 and we will make the necessary arrangements for the requested documents and
auditor's report to be made available at Uie meeting.Adobe would no doubt also have its evidence
available den.
Looking forward to your favourable response.
l//4,
Ho Chwee Heng
D i r e c t o r
Sapura Synergy Singapore Pte Ltd
t / ( > X
C h r b Te a
Executive Director
Sapura Synergy Singapore Pte Ltd
13. WITHOUTPREJUDICE-FORTHEPURPOSESOFSETTLEMENTDISCUSSIONONLY
CS 5 Reseller Cost
Sapura's Purchase Price from Adobe
6 5 1 7 1 8 3 0 6 S 1 7 1 8 9 1 6 5 1 7 1 8 9 2 6 5 1 7 1 8 9 3 6 5 1 7 1 8 9 4 6 5 1 7 1 8 9 5
Acrobat, MacAcrobat, Win Photoshop, Win Photoshop, Mac InDesign, Mac InOesign, Win Total
u s $ u s $ u s $ u s $ u s $ u s $ u i T "
3 9 3 3 9 3 6 4 9 6 4 9 6 4 9 6 4 9
W 9 . ^ 2 2 1 0 5 1 0 5 1 0 5
2 9 3 2 9 3 5 4 4 5 4 4 5 4 4 5 4 4
CS 5 Sold Without Bundle
(a) Sold with original CD
(b) Sold with duplicated CD
Difference between reseller cost
and our purchase pnce
39,1681 349.4991