End User License Agreement

Copyright (C) 2011 by Swift Creative LLC

IMPORTANT, READ CAREFULLY: END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY, IDENTIFIED HEREIN AS “YOU” OR “YOUR”) AND SWIFT CREATIVE LLC (IDENTIFIED HEREIN AS “SWIFT”) FOR SWUSI (IDENTIFIED HEREIN AS “SWUSI”). SWIFT IS WILLING TO GRANT YOU THE FOLLOWING LICENSE TO USE SWUSI ACCORDING TO THIS EULA ONLY ON THE CONDITION THAT YOU ACCEPT ALL TERMS IN THIS EULA. BY INSTALLING OR USING SWUSI YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA AND THAT YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, SWIFT IS NOT WILLING TO LICENSE SWUSI TO YOU AND YOU ARE NOT AUTHORIZED TO USE SWUSI.

SWUSI is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Unauthorized reproduction or distribution is subject to civil and criminal penalties.

1. Grant Of License. SWIFT grants YOU the right to use SWUSI.

2. Restrictions. YOU may not use, copy, modify, or transfer SWUSI or any copy thereof, in whole or in part, except as expressly provided in this EULA. YOU may not reverse engineer, disassemble, decompile, or translate SWUSI, or otherwise attempt to derive the source code of SWUSI, or authorize any third party to do any of the foregoing. YOU may not use results from SWUSI to extend or enhance other software or products, except as expressly provided by this EULA. Except as expressly permitted in this Section 2, any attempt to transfer any of the rights, duties or obligations hereunder is void. YOU may not rent, lease, loan, resell for profit, or distribute SWUSI, or any part thereof. YOU agree to comply with all applicable laws regarding the use of SWUSI.

3. YOUR Restrictions. YOU agree:

3.1. to make all payments due to the appropriate party for the use of SWUSI in a timely fashion if applicable;

3.2. to notify SWIFT promptly by email at [email protected] if YOU suspect unauthorized use of SWUSI and that YOU remain responsible for such unauthorized use;

3.3. not to assign, transfer, or delegate this EULA or YOUR rights or obligations under it without the prior written consent of SWIFT and that any attempt to do such an assignment without prior written consent is void;

3.4. that YOU are responsible for the results obtained from YOUR use of SWUSI;

3.5. that YOU are not a specifically designated individual or entity under any U.S. (or other) embargo or otherwise the subject, either directly or indirectly, to any order issued by any agency of the U.S. Government (or any other government) limiting, barring, revoking or denying, in whole or in part, YOUR export privileges and that YOU will notify SWIFT immediately in the event YOU become subject to any such order;

4. Renewal and Termination.

4.1. Without prejudice to any other rights, this EULA will terminate immediately without notice if YOU fail to comply with the terms and conditions of this EULA. Upon notice of termination, YOU agree to discontinue use and return or destroy all copies of SWUSI.

5. Ownership. The SWUSI is licensed, not sold, to YOU for use only under the terms of this EULA, and SWIFT reserves all rights not expressly granted to YOU. As between the parties, all title and copyrights in and to SWUSI and any copies thereof are owned by SWIFT or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of SWUSI is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants YOU no rights to use such content.

6. U.S. Government Restricted Rights SWUSI is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is SWIFT CREATIVE LLC, 4532 W KENNEDY BLVD STE 239, TAMPA, FL 33609.

7. Export Restrictions. YOU agree that YOU will not export or re-export the SWUSI to any country, person, entity or end user subject to U.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Libya, North Korea, and Syria. YOU warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied YOUR export privileges.

8. NO WARRANTY. SWUSI IS PROVIDED TO YOU “AS IS” AND ANY USE OF SWUSI IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SWIFT AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

9. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWIFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE SWUSI, EVEN IF SWIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

10. LIMITATION OF LIABILITY. SWIFT’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS EULA SHALL NOT EXCEED THE AMOUNT RECEIVED BY SWIFT FROM YOU UNDER THIS AGREEMENT.

11. Miscellaneous. This EULA is governed by the laws of the State of Florida, in the United States of America, without regard to or application of conflicts of law rules or principles. The Federal and State Courts located in Pinellas County shall have sole jurisdiction over any disputes arising hereunder and the parties hereby submit to the personal jurisdiction of such courts. If any provision of this EULA is held to be unenforceable, that provision will be removed to the minimum extent necessary and the remaining provisions will remain in full force. In the event any proceeding or lawsuit is brought by SWIFT or YOU in connection with this EULA, the prevailing party in such proceeding or lawsuit shall be entitled to receive its costs, expert witness fees and reasonable attorney’s fees, including costs and fees on appeal. The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Neither this EULA nor any rights or obligations of YOU hereunder may be assigned by YOU in whole or in part without the prior written approval of SWIFT. Any assignment in derogation of the foregoing shall be null and void. This EULA is the complete and exclusive statement of the agreement between SWIFT and YOU which supersedes any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of this EULA. This EULA shall not be modified except by a subsequently dated written amendment or exhibit signed by both parties by their duly authorized representatives. Should YOU have any questions concerning this EULA, or if YOU desire to contact SWIFT for any reason, please write:

SWIFT CREATIVE LLC
4532 W KENNEDY BLVD, STE 239
TAMPA, FL 33609

Privacy Policy The SWUSI Privacy Policy can be found on the SWUSI website at http://www.swusi.com/privacy.