The SwiftView® Viewer, SwiftView® Pro Viewer, SwiftView® Pro+PDF Viewer, SwiftConvert, SwiftServe, SwiftStamp, SwiftPublish, SwiftReprint, and SwiftExtract are standard software products owned exclusively by SwiftView, Inc. (COMPANY). A specific software product (PRODUCT) is identified on the COMPANY invoice or confirmation of payment.
SwiftView® is a Registered Trademark of SwiftView, Inc.
The Evaluation Copy of a SwiftView software product functions for 30 days without a license. Once “timed out”, to continue using the product you must purchase and install a valid license as defined in LICENSE, and install the Production Copy of PRODUCT. CUSTOMER is the owner of a valid SwiftView License. For the purposes of Updates only, the term CUSTOMER also includes third parties enabled by this license to use SwiftView.
By purchasing a COMPANY product, CUSTOMER acknowledges that it is bound by the terms and conditions of this License Agreement.
COMPANY grants the CUSTOMER the right to use PRODUCT under the terms of one or more of the following licenses. The COMPANY invoice or confirmation of payment presented to CUSTOMER at time of purchase defines which of these apply:
SwiftView Single-user License – standard purchase. Single user, single PC system/workstation. COMPANY will supply CUSTOMER a license file or a password string for each licensed system/workstation which contains the system or encrypted name of the system/workstation being licensed. The PRODUCT is licensed to a single user for use on that single system or workstation. Alternatively, the COMPANY may supply CUSTOMER with a registration key for the number of PRODUCT licenses purchased. This registration key can be used to license PRODUCT on the number of single user, single PC systems/workstations listed on the COMPANY invoice or confirmation of paynment presented to CUSTOMER at time of purchase. CUSTOMERS may use the registration key to enable and license PRODUCT on multiple single user, single PC systems/workstations and to move licenses between PC systems/workstations as long as the total number of PC system/workstations installed concurrently does not exceed the number of licenses purchased.
SwiftView Network License. The PRODUCT is licensed to a limited number of single users, single PC system/workstations which share a common network or intranet, and access a valid COMPANY license file via that network or intranet. The maximum number of licensed copies is listed both on the COMPANY invoice and in the COMPANY license file(s). If the number of network copies exceeds the licensed amount, then additional licenses must be purchased. CUSTOMER agrees to make a good faith effort to track the total number of copies. COMPANY may issue one or more license files to provide full coverage to the customer. COMPANY will email CUSTOMER license file(s) that will be locked to the network server(s) by their host name(s).
SwiftView Application Server License – standard purchase. Multiuser, single system. COMPANY will email CUSTOMER a license file or a password string for each licensed server which contains the system or encrypted name of the server being licensed. The PRODUCT is licensed for use by multiple users on that single application server.
SwiftView Web Site License. The COMPANY Web Site License file must reside in the “root” of the licensed web site. The SwiftView Plug-in Production Copy may be installed on an unlimited number of systems at no charge and provides access to document files located on the licensed web site.
SwiftStamp License. SwiftStamp is licensed for execution on one system and inserts encrypted SwiftView licenses in PCL, HPGL or TIFF files. Files licensed in this manner may be viewed by anyone in any location at no additional charge using a SwiftView Viewer Production Copy. Files modified after stamping are no longer viewable. This license specifically excludes use of SwiftStamp in a “stamping service” selling use of the SwiftView Viewer and optionally SwiftReprint enabling a third-party to use the product without having to purchase a license.
SwiftView LAN (local area network) License. Only one copy of the COMPANY LAN license file is allowed, except for system backup purposes. The license file and the SwiftView Production Copy must reside on a single local area network (LAN) file server. All users on the licensed LAN are licensed for full, unrestricted viewing of local or network-accessible files. Wide-area networks (WANs spanning multiple ethernet segments) are not LANs.
SwiftView WAN (wide area network) License. Only one copy of the COMPANY WAN license file is allowed, except for system backup purposes. The license file and the SwiftView Production Copy installer(s) must reside on a single Intranet web site accessible only on the licensed WAN. All users on the licensed WAN are licensed for full, unrestricted viewing of local or network-accessible files.
SwiftView Single-user License – high quantity purchase, single-user, multiple system/workstation. COMPANY will email a binary copy of the product which includes CUSTOMER’s legal company name and number of system/workstation licenses purchased. COMPANY licenses that copy of SwiftView to be installed on the number of Microsoft Windows PC systems/workstations as specified in the applicable invoice and issued license file. CUSTOMER must have some reasonable procedure in place to ensure that the SwiftView Viewer is not normally installed on more systems/workstations than the number of licenses stated in the license.
SwiftServe Concurrent User License. SwiftServe is licensed to execute on a single system and supplies files to be viewed to a specific number of concurrent SwiftView Viewer instances. The SwiftView Viewer Production Copy may be installed on any number of systems and view drawings supplied by SwiftServe, limited only by the number of concurrent SwiftServe connections purchased.
SUBLICENSING/REVENUE GENERATING USE NOT PERMITTED
This agreement does not apply to organizations or entities whose products or services enable otherwise unlicensed persons or entities to use COMPANY Products, or which generate revenue from a third party for the processing of the third party’s documents or data that includes the use of COMPANY Products. Agreements for that purpose must be individually negotiated. Examples include, but are not limited to, integration into other software applications (OEMs), application service providers (ASPs), and value-added resellers (VARs) of all kinds.
COMPANY represents that COMPANY has the legal right to license SwiftView and that to its knowledge such license does not infringe on any third parties, property or personal rights.
COMPANY at its own expense will defend any action brought against CUSTOMER to the extent that such action is based upon a claim that products used within the scope of this agreement infringe on a United States patent or copyright, provided that CUSTOMER notifies COMPANY promptly in writing of the action and all prior claims relating to such action. COMPANY shall have sole control of the defense and all negotiations for its settlement or compromise.
If an infringement is determined by a court of competent jurisdiction, COMPANY may, at its own expense and discretion license technology from a third party or modify the product to remove the infringement.
THE FOREGOING STATE THE ENTIRE LIABILITY OF COMPANY WITH RESPECT TO INFRINGEMENT OF ANY COPYRIGHT BY COMPANY PRODUCTS OR ANY PART THEREOF.
If COMPANY products are used by CUSTOMER in the processing or distribution of private consumer information, CUSTOMER at its own expense will defend and indemnify COMPANY in any action brought against COMPANY for said information being obtained by parties not entitled to it, or for violations of federal, state, or local privacy laws, provided that COMPANY notifies CUSTOMER promptly in writing of the action and all prior claims relating to such action. CUSTOMER shall have sole control of the defense and all negotiations for its settlement or compromise, but COMPANY shall provide cooperation as requested in the defense and negotiations, and shall have the right to approve any settlement on its behalf, said approval not to be unreasonably withheld.
LIMITATION OF LIABILITY
EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, COMPANY GRANTS NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH REGARD TO ANY PROGRAMS OR PRODUCTS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THE STATED EXPRESS WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF COMPANY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF PROGRAMS. IN NO EVENT SHALL COMPANY BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
This agreement shall be deemed to have been negotiated and executed in the State of Oregon and shall be interpreted and construed in accordance with, and governed by, the laws of the State of Oregon. CUSTOMER designates Oregon as the forum state for the resolution of any disputes arising out of this agreement.
UPDATES AND SUPPORT
Annual Updates/Support coverage must be purchased and current in order for CUSTOMER to receive the following benefits:
- email and telephone technical support
- download of new PRODUCT versions for licensed production use
- updated, or replacement license files
- request transfer of existing licenses to a related-third-party
Updated, modified, replaced, or transferred license files will be subject to the current terms and conditions of this Agreement as of the date of issuance, not the date of original license purchase. Transfer of existing licenses to a related third-party may be subject to a per license transfer fee. COMPANY may decline to issue an updated, replaced, or transferred license files if, at its sole discretion, COMPANY determines that the CUSTOMER’s use of the license file is in violation of the terms and conditions of this Agreement.
Licensees of a SwiftView Internet Web Site or SwiftStamp product are REQUIRED to maintain Updates/Support coverage, for which COMPANY will automatically invoice CUSTOMER annually for as long as CUSTOMER is actively using the product. If CUSTOMER chooses not to renew coverage for subsequent year, CUSTOMER must notify COMPANY in writing 30 days prior to the end of the current coverage period that it is no longer using the PRODUCT.
CUSTOMER downloading current versions of PRODUCT when Updates/Support coverage has not been maintained are in violation of this Agreement. To remedy this violation, CUSTOMER must reinstate Updates/Support coverage in accordance with the COMPANY’S then current Updates/Support reinstatement policy or purchase new licenses. Purchase of a new license does not give CUSTOMER access to technical support or the right to download current versions of PRODUCT for use with previously purchased licenses for which support coverage is not current. SwiftView updates received under support do not include new features designated by the COMPANY as separate products on its standard price list. COMPANY retains the sole right to determine which features are included in its products.
OTHER TERMS AND CONDITIONS
The licenses granted here are for the term identified on the COMPANY invoice or confirmation of payment. If no term is specified, the licenses granted here are perpetual unless CUSTOMER violates these provisions, in which case COMPANY has the right to terminate these licenses at any time.
All licenses are granted to the single designated business entity only, as defined on COMPANY invoice, confirmation of payment or subsequent correspondence.
SwiftView, Inc., is the sole source for SwiftView Tools products. We sell and support our products direct to end users worldwide.
By licensing a COMPANY product, CUSTOMER acknowledges that it is bound by the terms and conditions of this License Agreement.
10 Oct. 2008