REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
November 17, 2026
FROM
Don Le, Chief Information Officer, Innovation and Technology Department
SUBJECT
Title
Non-financial Agreements with TechSmith Corporation for Video Editing Software
End
RECOMMENDATION(S)
Recommendation
1. Approve the following agreements, including non-standard terms, with TechSmith Corporation for the use of Camtasia and Snagit video editing software, for the period of November 17, 2026, and continuing until terminated by either party:
a. Non-financial Account Terms of Service
b. Non-financial End User License Agreement
2. Authorize the Chief Information Officer to electronically accept the agreements in Recommendation No. 1, and any future updates, subject to review by County Counsel, provided that such updated terms do not substantively modify the terms of the agreements.
3. Direct the Chief Information Officer to transmit any future non-substantive updated terms to the agreements in Recommendation No. 1, to the Clerk of the Board of Supervisors within 30 days of acceptance or execution.
(Presenter: Don Le, Chief Information Officer, 388-5501)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Improve County Government Operations.
Operate in a Fiscally-Responsible and Business-Like Manner.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). The Account Terms of Service and End User License Agreement (Collectively “Agreements”) with TechSmith Corporation (TechSmith) are non-financial in nature and do not commit the County to make any purchase. If future purchases are made under the Agreements, the Innovation and Technology Department (ITD) will adhere to County purchasing policies and return to the Board of Supervisors (Board) for approval, if necessary.
BACKGROUND INFORMATION
The ITD Business Solutions Development Division (Division) develops, maintains, supports, and enhances business applications for hardware and software platforms used by County departments. The Division also consults with County departments to identify ways to increase efficiency through technology, including services such as process review, cost analysis, and recommendations for acquiring and integrating new systems. Various departments within the County utilize video editing software to train their personnel, create presentations, and more effectively relay information.
Camtasia and Snagit are software applications created and published by TechSmith that support the development of training, instructional, and presentation materials. Camtasia allows users to record and edit high-quality videos, tutorials, presentations, and screen demonstrations for internal training and virtual or in-person learning. Snagit complements Camtasia by allowing users to quickly capture screenshots and screen recordings, add annotations and visual instructions, and create step-by-step guides and other instructional materials. Together, the applications provide users with tools to efficiently create clear, professional, and engaging visual content that can improve communication, training, and knowledge sharing.
On January 9, 2024 (Item No. 22), the Board approved non-financial End User License Agreement No. 24-28, including non-standard terms, with TechSmith for the use of Camtasia video editing software for the period commencing on the date of the first use of the software and continuing until terminated.
ITD reviewed TechSmith’s terms in August 2026 for possible use of Snagit’s share destination connector for Microsoft Corporation’s (Microsoft) OneDrive. OneDrive is used by the County as cloud storage to securely store, share, and collaborate on files. The updated terms, once accepted will automatically supersede and terminate Agreement No. 24-28.and include provisions related to new functionality, including the OneDrive share destination connector, which allows users to send Snagit captures directly to OneDrive for storage and sharing. This functionality provides a more streamlined method for sharing and collaborating on captured content through the County’s Microsoft environment. The changes to the End User License Agreement (EULA) were considered substantive and along with the new agreements, require Board approval. The new TechSmith Agreements are applicable to the use of Camtasia and Snagit video editing software.
The Agreements are TechSmith’s standard commercial contracts, which include terms that differ from the standard County contract and omit certain County standard contract terms. The Agreements are non-negotiable and accepted when downloading the software. The non-standard and omitted terms include:
1. Governing law is Michigan.
• The County standard contract requires California governing law.
• Potential Impact: The Agreements will be interpreted under Michigan law. Any questions, issues or claims arising under these Agreements will require the County to hire outside counsel competent to advise on Michigan law, which may result in fees that exceed the total cost of the Agreements.
2. Venue for disputes arising under the Agreements is in Ingham County, Michigan.
• County Policy 11-05 requires venue for disputes in Superior Court of California, County of San Bernardino, San Bernardino District.
• Potential Impact: Having a venue in Ingham County, Michigan may result in additional expenses that exceed the amount of the Agreements.
3. TechSmith disclaims all liability to the County, without exception, for all damages resulting from the use or provision of the services, TechSmith’s site, and all related products.
• The County standard contract does not include a limitation of liability.
• Potential Impact: Claims could exceed the liability cap and the cost of the Agreements, leaving the County financially liable for the excess. County Counsel cannot advise on, whether and to what extent Michigan law may limit or expand the exclusion of limits to the extent prohibited by applicable law.
4. The Agreements do not require TechSmith to indemnify the County, as required by County Policies 11-05 and 11-07, including for intellectual property infringement claims.
• The County standard contract indemnity provision requires the contractor to indemnify, defend, and hold County harmless from third-party claims arising out of the acts, errors or omissions of any person. The standard contract provision for intellectual property indemnity is: Contractor will indemnify, defend, and hold harmless County and its officers, employees, agents and volunteers, from any and all third-party claims, costs (including without limitation reasonable attorneys’ fees), and losses for infringement of any United States patent, copyright, trademark or trade secret (Intellectual Property Rights) by any goods or services.
• Potential Impact: TechSmith is not required to defend, indemnify or hold the County harmless from any claims, including indemnification for claims arising from TechSmith’s negligent or intentional acts and intellectual property infringement. If the County is sued for any claim, including intellectual property infringement based on its use of TechSmith’s software or services, the County may be solely liable for the costs of defense and damages, which could exceed the total Agreement amount. County Counsel cannot advise on whether and to what extent Michigan law may allow the County to require TechSmith to defend or indemnify it absent an express provision in the Agreements.
5. The County is required to indemnify TechSmith against any and all third-party claims, and any and all liability, damages and costs including, but not limited to, reasonable attorney fees, arising from the County’s use of the software and the County’s content, and the distribution of the same, the County’s violation of the Agreement, or the infringement of any intellectual property or any claims that are alleged to result in the invasion of privacy, slander, libel or for infringement on a person’s rights of publicity due to the publication or distribution of the County’s content.
• The County standard contract does not include any indemnification or defense by the County of a contractor.
• Potential Impact: By agreeing to indemnify TechSmith, the County could be contractually waiving the protection of sovereign immunity. Claims that may otherwise be barred against the County, time limited, or expense-limited could be brought against TechSmith without such limitations and the County could be responsible to defend and reimburse TechSmith for costs, expenses, and damages, which could exceed the total cost of the Agreements. County Counsel cannot advise on whether and to what extent, Michigan law may limit or expand this term.
6. The Agreements do not require TechSmith to meet the County’s insurance standards as required pursuant to County Policies, 11-05, 11-07 and 11-07SP.
• County policy requires contractors to carry appropriate insurance at limits and under conditions determined by the County’s Risk Management Department and as set forth in County policy and in the County standard contract.
• Potential Impact: The County has no assurance that TechSmith will be financially responsible for claims that may arise under the Agreements, which could result in expenses to the County that exceed the total cost of the Agreements.
7. TechSmith may amend the terms of the Agreements at any time, without notice to the County, by posting the changes on their website.
• County Policy 11-06 requires that any changes to the contract to be reduced to writing, executed and attached to the original contract and approved by the person(s) authorized to do so on behalf of the contractor and County.
• Potential Impact: The County could be agreeing to new terms without review by anyone, including County Counsel, and without approval of the new terms by the Board. County Counsel cannot advise on whether and to what extent Michigan law may affect the enforceability of unilateral changes to the terms.
ITD recommends approval of the Agreements with TechSmith, including non-standard terms, to allow ITD to use video editing software that supports training, presentations, and learning. ITD requires video editing and screen capture software to create instructional materials, training videos, presentations, demonstrations, and other County business communication. Camtasia and Snagit meet these functional requirements and allow staff to efficiently create, modify, and reuse existing training and instructional material. Continued use also maintains compatibility with existing project files and established workflows, while transitioning to an alternative product would require additional evaluation, testing, file conversion, and staff training that could result in additional costs and operational downtime.
ITD also recommends authorizing the Chief Information Officer to electronically accept the Agreements in Recommendation No. 1, and any future updates, subject to review by County Counsel, provided that such updated terms do not substantively modify the terms of the Agreements to avoid potential business interruption, as the Agreements are TechSmith’s commercial agreements, TechSmith may periodically update or modify the terms without providing the County with prior notice.
PROCUREMENT
The Agreements, including non-standard terms, will be used to accompany future purchase orders to be approved, as necessary, per County Policy 11-04, Procurement of Goods, Supplies, Equipment and Services, provided that TechSmith does not substantively modify the terms of the Agreements.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Kaleigh Ragon, Deputy County Counsel, 387-5455) on October 23, 2026; Purchasing (Lisa Zhu, Buyer III, 388-0529) on October 23, 2026; Risk Management (Noel Cantrell, Administrative Supervisor, 386-8890) on October 23, 2026; and County Finance and Administration (Lizveth Varela, Administrative Analyst, 387-4883) on October 26, 2026.