SwifDoo Terms & Conditions

To protect your own interests you must carefully read and understand the following important terms before purchasing or using Services (including but not limited to website, and software application).

This License Agreement is a legal agreement between the end user (the “Licensee”) and Aishang Office Technology (the “Licensor”) pursuant to which the Licensor licenses the use of the Licensed Software to the Licensee.

Please read this Agreement carefully. If you have any questions related to this License Agreement, please contact the Licensor at support@swifdoo.com. Any installing, copying, accessing, or using the Licensed Software by the Licensee constitutes Licensee’s acceptance of, and agreement to comply with, all of the terms and conditions of this License Agreement.

By downloading, installing, accessing and using our service, you agree to be bound by the term of the License Agreement and any other applicable agreement. If you do not agree to the terms of this Agreement, you have no right to the product and should not install, copy, download, access or use the product.

1. DEFINITION OF SERVICES

For the purpose of this License Agreement and the Services associated thereto, and notwithstanding any other definitions given herein, “Licensed Software” means: any Software (downloadable on our website, pre-installed on a device, downloadable on a third party website, software as a service (SaaS), obtained on a physical medium such as, but not limited to, CD, DVD, Blu-ray, memory stick), resources, including download areas, communication forums, product information, including any updates, enhancements, new features, and/or the addition of any new Web properties. The Services also include: the Services for which this License Agreement is provided, including but not limited to:

1. third party computer information or software that the Licensor has licensed for inclusion in the Licensed Software; and

2. any written materials or files relating to the Licensed Software (“Documentation”).

2. GRANT OF THE LICENSE

SwifDoo PDF grants Licensee a limited, non-exclusive, non-transferable, non-sub-licensable and revocable license to install or use the Services for purchased period and solely for Licensee’s own private use. Any use or installation of more copies of the Licensed Software that are licensed is prohibited without the prior and written consent of the Licensor. If a Licensee is authorized by the Licensor to distribute the Licensed Software within its organization, all the restrictions contained in the present License shall apply to each individual end user.

3. LICENSE LIMITATIONS

1. Licensee may not create, use, share, or publish all or any portion of the Licensed Software or Documentation;

2. Licensee may not publish, copy, lease, or lend the Licensed Software;

3. Licensee may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Licensed Software;

4. Licensee may not modify, distort, disrupt, or slow down the normal functioning of all or part of the Licensed Product;

5. Licensee may not use the Licensed Software to host applications for third parties, as part of a facility management, timesharing, service provider, or service bureau arrangement; and

6. Licensee may not transmit any virus, trojan horse, worm, bomb, corrupted file or use the Licensed Software in any manner that is illegal or not authorized by this License Agreement.

4. INSTALLATION

Licensee may install the number of copies of the Licensed Software authorized by the Licensor. The Licensee must be the primary user of the computer on which the Licensed Software is installed. The present License Agreement shall apply to all installations of the Licensed Software. The Licensor provides for the purchase of multiple licenses or user accounts. Licensee may install the number of Licenses purchased. Licensee shall be solely responsible for all expenses incurred in Licensee’s installation and use of the Licensed Software.

5. MAINTENANCE, SUPPORT, AND UPGRADE

5.1 MAINTENANCE. Aishang Office Technology is committed to providing Maintenance to the Licensee. In order to improve the Licensed Software, its features, and your user experience. Aishang will supply to the Licensee any improvements or modifications at no additional charge.

As to the software improvement, Aishang Office Technology, subject to and in accordance with our Privacy Policy, automatically collects information concerning the way the various modules and functionalities of the Licensed Software are used, allowing the Licensor to identify user needs and preferences.

Aishang Office Technology only uses this information for the purpose of providing licensed users with the best possible software experience. This collected data will never be disclosed, shared, sold, traded or rented to any third parties for any marketing purposes. For more information, see our Privacy Policy. Users who do not wish to enable this service, may opt-out in the advanced options menu during the installation process.

5.2 SUPPORT. SwifDoo PDF will provide email support to the Licensee for current versions of the product. SwifDoo will answer all of your questions and problems in a timely manner. The Licensor will not guarantee an exact response time but will try to reply to emails within 24 hours during weekdays, except holidays. The Licensee agrees to provide required information so that SwifDoo can confirm and solve your problems.

5.3 UPGRADE. In order to improve user experience, SwifDoo PDF agrees to provide UPGRADE service to the Licensee on the website’s download page from time to time at no charge during the term of this License agreement. Any update provided by the Licensor to Licensee is made on a License exchange basis such that Licensee agrees, as a condition for receiving an Update, that Licensee will terminate all of Licensee’s rights to use any previous version of the Licensed Software.

6. PAYMENT AND DELIVERY TERMS

· The payment/fee for the Services follows from the Agreement between the Parties.

· Payment is to be made either by card through the Website or by digital invoice due ten (10) days from the date of the invoice. The Licensor will invoice the Licensee when the Agreement has been entered into.

· All intellectual property rights and other rights related to the Service are the Licensor’s property and no ownership of intellectual property rights is transferred in this Agreement.

· Nothing in this Agreement shall constitute a transfer of any intellectual property rights or other similar rights to the Licensee or the Licensor, other than a right for the Liencee to use the Services as expressly stated in the Agreement.

6.1 SUBSCRIPTION LICENSE PAYMENT TERM. You agree that your subscription plan begins the moment your initial payment is successfully processed. The renewal of your subscription plan is as follows:

6.1.1 MONTHLY SUBSCRIPTION WITH MONTHLY PAYMENT. Your subscription will automatically renew on your monthly renewal date without notice until you cancel the subscription. You authorize SwifDoo PDF to store Your payment method(s) and to automatically charge your payment every month plus applicable Taxes until you cancel.

6.1.2 YEARLY SUBSCRIPTION WITH YEARLY PAYMENT. You will be charged, the annual rate stated at the time of purchase, plus applicable Taxes. You authorize SwifDoo PDF to store Your payment method(s) and to automatically charge your payment every year plus applicable Taxes until You cancel.

6.2 LICENSE TERM AND RENEWALS. The License Term, Support and Maintenance period, and TAM services period will be indicated in the Order (as applicable). The License Term and any applicable service periods will commence on the Order date (unless a different start date is designated in the Order) and expire on the expiration date indicated in your account. Unless earlier terminated in accordance with this Agreement, each right to use Software will expire at the end of the applicable License Term. Unless you have selected the “auto-renewal” option in your account, any renewals must be mutually agreed upon by the parties in writing. All renewals are subject to the applicable Software or Support and Maintenance continuing to be offered and will be charged at the then-current rates.

6.3 DELIVERY. We will deliver the applicable license keys to you no later than when we have received payment of the applicable fees. You are responsible for accessing your account to determine that we have received payment and your Order has been processed. All deliveries under this Agreement will be electronic. For the avoidance of doubt, you are responsible for installation of the Software, and you acknowledge that Aishang has no further delivery obligation with respect to the Software after delivery of the license keys (if applicable).

7. CONSENT TO USE OF DATA

7.1. SwifDoo PDF (main application and plug-ins) may contact a SwifDoo PDF server to check for updates from time to time.

7.2. SwifDoo PDF may collect user information (including but not limited to file name, author, created time, file size, total pages) to ensure the normal functionality and improve the product quality. During using, we may also collect IP address, device information, and operation behaviour as the Licensor needs to provide necessary service to the Licensee. For instance, SwifDoo PDF will collect your hardware informations about your PC to ensure whether an account exceeds the max device activation.

7.3 You agree that SwifDoo PDF may collect and use the information you provide as a part of the support service. Such information includes but not limited to the order information and login email.

8. OPEN SOURCE STATEMENT IN THE LICENSOR’S SOFTWARE

Sumatra PDF

src/utils and src/mui

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

THIS SOFTWARE IS PROVIDED BY SUMATRAPDF PROJECT AUTHORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL SUMATRAPDF PROJECT AUTHORS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

bzip2

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

2. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.

3. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.

4. The name of the author may not be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

10. INTELLECTUAL PROPERTY RIGHTS

Subject to the license grant hereunder, the Licensed Software and any authorized copies that Licensee makes are the property of, and are owned by the Lisercor and by third parties whose intellectual property has been licensed to the Licensor. The structure, organization and source code of the Product are the valuable trade secrets and confidential information of the Licensor.

11. WARRANTY

11.1. LIMITED WARRANTY ON MEDIA

The Licensor warrants that the media on which the Licensed Software is distributed shall be free from defects for a period of thirty (30) days from the date the Licensed Software is delivered to Licensee. If Licensee discovers a defect in the media during this 7-day period, Licensee must then return the defective media to the Licensor within fifteen (15) calendar days of discovering the defect, and Licensee’s sole remedy is to have either the defective media replaced, or at the Licensor’s sole option, receive a refund of the money that Licensee paid for the Licensed Software.

11.2. NO WARRANTY ON LICENSED SOFTWARE

SUBJECT TO ANY LAW OF PUBLIC ORDER, THE LICENSED SOFTWARE IS PROVIDED TO LICENSEE “AS IS.” THE LICENSOR, AND THE LICENSOR’S SUPPLIERS OR AFFILIATES, MAKE NO WARRANTY AS TO ITS USE OR PERFORMANCE. THE LICENSOR, AND THE LICENSOR’S AFFILIATES, MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, EXCEPT FOR, AND TO THE EXTENT, THAT A WARRANTY MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW IN LICENSEE’S JURISDICTION.

12. LIMIT OF LIABILITY AND EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE LICENSOR, OR THE LICENSOR’S AFFILIATES, BE LIABLE TO LICENSEE FOR ANY DAMAGES, CLAIMS, OR COSTS WHATSOEVER, OR FOR ANY CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A REPRESENTATIVE OF THE LICENSOR OR ONE OF THE LICENSOR’S AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS, OR COSTS, OR FOR ANY CLAIM BY ANY THIRD PARTY. THESE LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE’S JURISDICTION. WITHOUT LIMITING THE GENERAL SCOPE OF THE FOREGOING, THE AGGREGATE LIABILITY OF THE LICENSOR, AND THE LICENSOR’S AFFILIATES, UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS LICENSE, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE,) STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF THE LICERSOR, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. GENERAL

13.1. GOVERNING LAW

This Agreement is subject to, and will be governed by and construed in accordance with the laws in force in the Province of Sichuan, China. The United Nations convention or Contracts for the International Sale of Goods is expressly excluded from the License Agreement.

13.2. RESERVATION OF RIGHTS

The Licensor reserves all rights not expressly granted to Licensee by this License Agreement. The rights of use of the Licensed Software granted to Licensee are limited to the scope of Licensor’s intellectual property rights, and to the intellectual property rights of third parties licensed by the Licensor, and do not include the grant to Licensee of any intellectual property rights of any kind. This License is the entire agreement between Licensee and Licensor with respect to this subject matter and supersedes any and all prior oral or written agreements, representations, negotiations, any additional terms or other similar communication between the parties.

13.3. PRIVACY & PROTECTION OF PERSONAL INFORMATION

See the Privacy Policy disclosure relating to the collection and use of your information.

13.4. COMPLETE AGREEMENT

This License Agreement constitutes the entire and exclusive agreement between the parties concerning the Licensed Software, and it supersedes all prior written and oral understandings and agreements between the parties with regard to its subject matter.

13.5. MODIFICATION

This License Agreement may only be modified or amended by a writing signed by an authorized officer of the Licensor. You acknowledge that the Licensor has the right to discontinue the manufacture and development of any of the software and the support for the software.

13.6. SEVERABILITY

If any provision of this License Agreement is determined by a court of competent jurisdiction to be contrary to law that provision will be enforced to the maximum extent permissible and the other provisions of this License Agreement will remain in full force and effect.

13.7. WAIVER

The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision.

14. INDEMNIFICATION

Licensee will solely indemnify and hold Licensor harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees on a solicitor-client or extrajudicial basis) arising from or relating to Licensee’s use of the Licensed Software. Licensee’s obligations under this section shall survive the expiration or termination of this License Agreement.

15. ADDITIONAL TERMS FOR BETA SOFTWARE

If the Licensed Software that Licensee receives with this License Agreement is a pre-commercial release, also known as “BETA” software (“Pre-release Software”), then, to the extent that any provision in this section is in conflict with any other term or condition in this License Agreement, this section supersedes such conflicting terms and conditions as to the Pre-release Software, but only to the extent necessary to resolve the conflict. Licensee acknowledges that the Pre-release Software does not represent the final product from the Licensor, and may contain bugs, errors, and other problems that could cause system or other failures and data loss. Consequently, the Licensor disclaims any warranty or liability obligations to Licensee of any kind whatsoever and Licensee accepts such disclaimer

NOTWITHSTANDING ANY OTHER PROVISION LIMITING LICENSOR’S LIABILITY, IN APPLICABLE JURISDICTIONS WHERE LIABILITY CANNOT BE SO EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT MAY BE LIMITED, THE LICENSOR LIABILITY, AND THAT OF ITS SUPPLIERS, SHALL BE LIMITED TO THE LESSER OF THE AMOUNT PAID BY LICENSEE OR FIFTY UNITED STATES DOLLARS (USD $50.00).

Licensee acknowledges that the Licensor has not promised or guaranteed to Licensee that the Pre-release Software will be announced or made available to anyone in the future, and that the Licensor has no express or implied obligation to Licensee to announce or introduce the Pre-release Software. The Licensor may decide not to introduce a product similar to, or compatible with, the Pre-release Software. Accordingly, Licensee acknowledges that any research or development that Licensee performs, with the express and prior authorization of Licensor, regarding the Pre-release Software, or any product associated with the Pre-release Software, is done entirely at Licensee’s own risk.

During the term of this License Agreement, if requested by the Licensor, Licensee will provide feedback to the Licensor regarding testing and use of the Pre-release Software, including error or bug reports. If Licensee has been provided the Pre-release Software pursuant to a separate written agreement, then Licensee’s use of the Pre-release Software is also governed by said agreement. Notwithstanding anything in this License Agreement to the contrary, Licensee will return or uninstall all unreleased versions of the Pre-release Software within thirty (30) days of the completion of Licensee’s testing of the Pre-release Software if that date is earlier than the date scheduled for the Licensor first commercial shipment of the publicly and commercially released Software.

16. THIRD PARTY SOFTWARE

Third party software may be distributed together with the Licensed Software (the “Third Party Software”). Any and all such Third Party Software may require notices and/or be subject to different license terms. Such required Third Party Software notices and license terms, if any, may be accessed through the Third Party Software itself. By accepting this License Agreement, Licensee is also accepting the license terms, if any, under which the Third Party Software is made available. Licensee will not enter into a contractual relationship with Licensor regarding such Third Party Software and Licensor accepts no responsibility for Licensee uses of same.

17. TERMINATION

The Term of this License Agreement is for a period of time corresponding to the License type and/or duration purchased from the date of purchase, download or activate the account, until terminated according to its terms. At the end of the Term, Licensee agrees to de-install and destroy or permanently erase all but one copy of the Licensed Software within thirty (30) days of termination or expiration. This Agreement will terminate automatically if the Licensee fails to comply with any of the terms and conditions of the Agreement. Furthermore, upon termination for any reason, Licensee shall return to the Licensor all copies of the Licensed Software, or attest in writing that all copies of the Licensed Software have been destroyed.

18. SURVIVAL

All obligation set forth in this License Agreement shall survive the termination thereof, however caused; but this survival shall not imply or create any continued right to use the Licensed Software after termination of this License Agreement.

19. PROOF OF COMPLIANCE

Within thirty (30) calendar days after request from the Licensor, or a Licensor authorized representative, Licensee will provide full documentation and certification, under penalty of perjury, that Licensee’s use of any and all Licensed Software complies with this License Agreement.

20. PROOF OF COMPLIANCE

The Licensor may revise the Agreement periodically in accordance with the law. The Licensor will notify the Licensee of any substantial changes to this Agreement by posting them on the Licensor’s official website.

End User’s License Agreement (“License Agreement”)