The SwiftView® Standard Viewer, SwiftView® Pro Viewer, SwiftView® Pro+PDF Viewer, SwiftConvert, SwiftConvert+PDF, SwiftConvert+PROPDF, SwiftServe, SwiftStamp, SwiftPublish, SwiftReprint, SwiftExtract and Directory Monitor are standard software products (PRODUCT) owned exclusively by PaperBOS, LLC (COMPANY). SwiftView® is a Registered Trademark of PaperBOS, LLC. The specific COMPANY PRODUCT and LICENSE, together known as “LICENSED SOFTWARE”, is identified on the COMPANY invoice, order confirmation presented to CUSTOMER at time of purchase or subsequent correspondence between COMPANY and CUSTOMER. The Evaluation Copy of a 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 LICENSE. For the purposes of Updates only, the term CUSTOMER also includes third parties enabled by this LICENSE to use SwiftView. BY DOWNLOADING, INSTALLING, OR USING COMPANY LICENSED SOFTWARE, THE CUSTOMER ACKNOWLEDGES THAT IT IS BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. LICENSE COMPANY grants the CUSTOMER the right to use PRODUCT under the terms of one or more of the following licenses. The COMPANY invoice or order confirmation presented to CUSTOMER at time of purchase or subsequent correspondence defines which of these apply: SwiftView Single-user License - standard purchase. Single user, single PC system/workstation. COMPANY will provide CUSTOMER a license file for each licensed system/workstation which contains the system name of the system/workstation being licensed. The PRODUCT is licensed to a single user for use on that single system or workstation. This LICENSE is host-locked to a single system or workstation by its host name. SwiftView Single-user License - high quantity purchase, single-user, multiple systems/workstations. COMPANY will provide a binary copy of the LICENSED SOFTWARE which includes CUSTOMER's legal company name, location and number of system/workstation licenses purchased. COMPANY licenses that binary copy of the LICENSED SOFTWARE to be installed on the number of systems/workstations as specified in the LICENSE. CUSTOMER must have some reasonable procedure in place to ensure that the LICENSED SOFTWARE is not normally installed on more systems/workstations than the number of licenses stated in the LICENSE and in an associated Agreement between COMPANY and CUSTOMER. Requires a separate signed agreement between COMPANY and CUSTOMER. SwiftView Application Server License - standard purchase. Multiuser, single system. COMPANY will provide CUSTOMER a LICENSE file for each licensed server which contains the system name of the server being licensed. The PRODUCT is licensed for use by multiple users on that single application server. 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 users are licensed for viewing local or network-accessible files. The maximum number of licensed users is listed both on the COMPANY invoice and in the COMPANY LICENSE file(s). If the number of network users exceeds the licensed amount, then additional user licenses must be purchased. CUSTOMERS agree to make a good faith effort to track the total number of licensed users. COMPANY may issue one or more LICENSE files to provide full coverage to the CUSTOMER. COMPANY will provide CUSTOMER LICENSE file(s) that will be locked to the network server(s) by their host name(s). SwiftView LAN (local area network) License. Only one copy of the COMPANY LICENSE file is allowed, except for system backup purposes. The LICENSE file and the PRODUCT installer 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. This LICENSE is locked to the network server by its host name. SwiftView WAN (wide area network) License. Only one copy of the COMPANY LICENSE file is allowed, except for system backup purposes. The LICENSE file and the PRODUCT installer 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 Web Site License – Intranet. The COMPANY LICENSE file must reside in the "root" of the licensed web site. The PRODUCT may be installed on a limited number of single users, single PC system/workstations which share a common intranet location and access a valid LICENSE file via that intranet via host, URL or IP Address. The maximum number of licensed user copies is listed both on the COMPANY invoice and in the LICENSE file(s). If the number of intranet user copies exceeds the licensed amount, then additional user licenses must be purchased. CUSTOMER agrees to make a good faith effort to track the total number of user licenses. 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 intranet server(s) by their URL, host name(s) or IP Addresses. SwiftView Web Site License – Internet. The COMPANY PRODUCT LICENSE file must reside in the "root" of the licensed web site. The PRODUCT may be installed on a limited number of single users, single PC system/workstations which share a common internet location and access a valid LICENSE file via that internet via host, URL, or IP Address. The maximum number of licensed user copies is listed both on the COMPANY invoice and in the LICENSE file(s). If the number of internet user copies exceeds the licensed amount, then additional user licenses must be purchased. CUSTOMERS agree to make a good faith effort to track the total number of user licenses. COMPANY may issue one or more LICENSE files to provide full coverage to the CUSTOMER. COMPANY will provide CUSTOMER LICENSE file(s) that will be locked to the internet server(s) by their URL, host name(s) or IP Addresses. SwiftStamp License. SwiftStamp is licensed for execution on one system and inserts encrypted SwiftView viewer LICENSEs in PCL, HPGL, TIFF or PDF files. Files licensed in this manner may be viewed by anyone in any location at no additional charge using a Production Copy of viewer PRODUCT. Files modified after stamping are no longer viewable. This license specifically excludes use of SwiftStamp in a "stamping service" selling use of the viewer PRODUCT and optionally SwiftReprint enabling a third-party to use the PRODUCT without having to purchase a 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 PRODUCT viewer instances. The Production Copy of the viewer PRODUCT 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. WARRANTIES COMPANY represents that COMPANY has the legal right to license COMPANY PRODUCT and that to its knowledge such license does not infringe on any third parties, property, or personal rights. INDEMNIFICATION COMPANY at its own expense will defend any action brought against CUSTOMER to the extent that such action is based upon a claim that COMPANY PRODUCTs used within the scope of this Agreement infringe on a United States patent, copyright, or trademark 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. LIMITATION OF LIABILITY EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, COMPANY GRANTS NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH REGARD TO ANY 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 PRODUCTS. IN NO EVENT SHALL COMPANY BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. APPLICABLE LAW This agreement shall be deemed to have been negotiated and executed in the State of Montana and shall be interpreted and construed in accordance with, and governed by, the laws of the State of Montana. CUSTOMER designates Montana as the forum state for the resolution of any disputes arising out of this agreement. MAINTENANCE AND SUPPORT Maintenance and Support coverage must be purchased and current in order for CUSTOMER to receive the following benefits: * Technical support via email and telephone during COMPANY’s normal hours of support * Access to PRODUCT updates for licensed production use * LICENSE replacements. Updated or replaced LICENSEs 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 requires COMPANY approval and may be subject to a per license transfer fee. COMPANY may decline to issue an updated or replaced LICENSE if, at its sole discretion, COMPANY determines that the CUSTOMER's use of the LICENSE is in violation of the terms and conditions of this Agreement. CUSTOMERs with a SwiftView Web Site License – Internet LICENSE or SwiftStamp LICENSE are REQUIRED to maintain Maintenance and Support coverage, for which COMPANY will automatically invoice CUSTOMER annually for as long as CUSTOMER is actively using the LICENSE. 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 LICENSE and that it has been removed from CUSTOMER systems. CUSTOMERs found to be downloading current versions of PRODUCT when Maintenance and Support coverage has not been maintained are in violation of this Agreement. To remedy this violation, CUSTOMER must reinstate Maintenance and Support coverage in accordance with the COMPANY'S then current Maintenance and 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 maintenance and support coverage is not current. PRODUCT 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 LICENSE(s) granted here are for the term identified on the COMPANY invoice, order confirmation presented to CUSTOMER at time of purchase. If no term is specified, the LICENSE(s) granted here are perpetual unless CUSTOMER violates these provisions, in which case COMPANY has the right to terminate the LICENSE(s) at any time. All LICENSE(s) are granted to the single designated business entity only, as defined on COMPANY invoice, order confirmation presented to CUSTOMER at time of purchase or subsequent correspondence. PaperBOS, LLC is the sole source for LICENSED SOFTWARE. We sell and support our LICENSED SOFTWARE direct to end users and partners worldwide. BY DOWNLOADING, INSTALLING, OR USING COMPANY LICENSED SOFTWARE, THE CUSTOMER ACKNOWLEDGES THAT IT IS BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. DATE 03 March 2023
