Swifty Proprietary License Agreement
Short Plain English Version:
The Short Plain English Version is just a summary. You have to read the entire document carefully before you use the Swifty Proprietary Software :-)
The SOFTWARE is not sold but licensed. This means you don’t own it, but you can use it under the terms and conditions of this agreement. Other than as part of your website, you can not distribute a copy to anyone else in any way, but you can guide them to the official download pages of our products.
Some of the SOFTWARE is delivered for free from our servers after you have given us permission to do so.
Most of the SOFTWARE is delivered from our servers for a periodical fee.
This paid SOFTWARE is protected with a license key that the licensee receives after pruchase and which is valid for a certain period after which the license can be renewed. As long as the license key is valid, the functionality of the SOFTWARE will be available. When the license key is no longer valid (this can happen when the licensee does not renew the key for the periodical fee) the functionality will no longer be available. But the website content created with the SOFTWARE will not be terminated.
Don’t use the provided images or icons outside your website. So for example, don’t use an image that came with your website on your social media.
If you are a freelancer or a designer working at an agency, we are very grateful that you introduce Swifty software products to your clients. We see you as a very valuable middle man. The license though is granted to the owner of the website these products pertain to. Not to you. We assume you handle our SOFTWARE on behalf of your clients.
We expect you to purchase a license key for each website you want to use the SOFTWARE for. So if you are a freelancer or designer and use Swifty SOFTWARE products on 10 client sites, we expect you to buy license keys for each of the 10 sites. We provide a lot of very valuable software for free. This is our bread and butter. The way we make a living and how we can keep on making great software. And although we also provide some software under the GPL, the software we’re talking about here is not GPL and as such can not be copied and used freely without a valid license key.
Thank you for your understanding and cooperation.
Long and legally binding version:
SOFTWARE: The Proprietary Swifty Software that is listed on the license page of this website,
Licensor: Swifty BV – the one who provides the SOFTWARE and grants this license (us)
Licensee: The individual or legal entity (company/organisation) end-user of the SOFTWARE covered in this license (you)
Designer: The individual or legal entity (company/organisation) helping the Licensee setup/install/use the SOFTWARE. A.K.A. “The Middle Man.”
Subject to the terms and conditions of this agreement, Licensor grants to Licensee, a non-exclusive, non-transferable, limited license to use the SOFTWARE. By buying, downloading and/or using the SOFTWARE, you agree to be bound by the terms of this agreement. If you do not agree, don’t use, buy or download it.
Although some of the SOFTWARE needs to be purchased, this does not imply a transfer of ownership. The Licensee only has the right to use the SOFTWARE but does not own it.
The licensee, can not sell, license, sub-license, give away and/or distribute the SOFTWARE in any way, shape or form other than implementing them on a WordPress website that they own.
A Designer can buy, setup, install, use the SOFTWARE on behalf of their clients, our Licensees subject to the terms and conditions of this agreement, specifically that the Designer purchases separate license keys for each individual website.
The SOFTWARE is protected by copyright laws, both Dutch and international copyright and intellectual property laws and treaties apply. Swifty is a Worldwide Registered Trademark of Swifty BV.
The SOFTWARE may use third party components, the use of which is granted under the copyright holders specified license such as, but not limited to, images and icons.
Most of the images provided as part of some of the SOFTWARE are licensed under a proprietary license for which Licensor has aquired the extended license. This means that for sure the images can be used in Licensee’s website, but the images provided by Licensor can certainly not be used outside Licensee’s website. So for example Licensee can not use one of those images on social media or else where.
Some of the icons that are provided are from the Font Awesome Icons pack that is licensed under the SIL Open Font License. The Open Font License allows the icons to be used, studied, modified and redistributed freely as long as they are not sold by themselves. The fonts, including any derivative works, can be bundled, embedded, redistributed and/or sold with any software provided that any reserved names are not used by derivative works. http://scripts.sil.org/OFL_web
However! Some of the icons that are provided by Licensor as part of some of the SOFTWARE are licensed under different licenses that for sure can be used in your website, but may restrict the use on social media or else where. So, just to be safe, don’t use the icons out side of your website.
Part of the SOFTWARE is delivered for free from our servers after the Licensee has given permission to do so.
Part of the SOFTWARE is delivered from our servers for a – often times periodical – fee.
This paid SOFTWARE is protected with one or more license keys that the licensee receives after pruchase and which are valid for a certain period after which the licenses can be renewed. As long as the license keys are valid, the functionality of the SOFTWARE will be available. When the license keys are no longer valid (this can happen when the licensee does not renew the key for the periodical fee) the functionality will no longer be available. But the website content created with the SOFTWARE will not be affected.
For each of the Licensee’s websites separate license keys are required.
This license grants the Licensee, the non-exclusive, non-transferable right to implement the free SOFTWARE on the pages of any of your WordPress websites provided you do so via the Swifty plugins.
This license grants the Licensee, the non-exclusive, non-transferable right to implement the paid SOFTWARE on the pages of each WordPress website that you have bought a SOFTWARE license key for provided you do so via the Swifty plugins.
When a Designer is creating a website for one of their clients, Designer can use the free SOFTWARE on each site that has Swifty plugins installed on it and Designer can use the paid premium SOFTWARE on each site that Designer has bought a license key for. Designer can not use the same license key for more than one site. (Seriously. You can’t). The prices are low enough, buy one for each site. ;-)
Designer and Licensee are not allowed to remove or alter copyright notices.
Designer and Licensee are not allowed to distribute the SOFTWARE, copies of the SOFTWARE or derivatives thereof other than implementing them as content in the Licensee’s WordPress website.
Designer and Licensee are not allowed to reverse engineer the SOFTWARE.
Designer and Licensee are not allowed to rent, lease, lend or give the SOFTWARE to anyone.
The SOFTWARE we’re talking about here is not GPL and as such can not be copied and used freely without a valid license key.
When in the process of supporting you, code or parts of the SOFTWARE are shared with you this is considered to be part of the SOFTWARE and subject to this agreement. Same goes for upgrades and updates, these too are considered to be part of the SOFTWARE and subject to this agreement.
When using the SOFTWARE, Designer and Licensee must comply with all applicable laws regarding the use of the SOFTWARE. Without prejudice to any other rights, the Licensor may terminate this agreement if Designer and Licensee fail to comply with the terms and conditions of this agreement. In such event, Designer and Licensee can no longer implement SOFTWARE in Licensee’s WordPress website.
The SOFTWARE is licensed, not sold, so Designer and Licensee acknowledge that no title to the SOFTWARE has been transferred to Designer or Licensee and that in fact the title and full ownership rights of the SOFTWARE will remain the exclusive property of the licensor, protected by copyright laws and treaties. All rights reserved.
The Licensor expressly disclaims any warranty for the SOFTWARE. The SOFTWARE is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose beyond the basic product description. The Licensor further disclaims any warranty not expressly described.
In no event or situation shall the Licensor be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of ‘Authorized Users’ use of or inability to use the SOFTWARE, even if the Licensor has been advised of the possibility of such damages. In no event will the Licensor be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. The Licensor shall have no liability with respect to the content of the SOFTWARE or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.