1 JobTraQ® License Agreement
1.1 Registered Versions:
This license applies to the registered version of JobTraQ. If you are using an evaluation [30 day demo] version of JobTraQ, see the section  titled “Evaluation License” below for additional provisions that apply to your Evaluation Use.
1.2 Acceptance by Use:
Please return any accompanying registration form to receive registration benefits.
NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY INSTALLING, COPYING, OR OTHERWISE USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 6 AND 7; AND LIABILITY IN SECTION 8. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE. IF YOU ACQUIRED THE SOFTWARE ON TANGIBLE MEDIA (e.g. CD) WITHOUT AN OPPORTUNITY TO REVIEW THIS LICENSE AND YOU DO NOT ACCEPT THIS AGREEMENT, YOU MAY OBTAIN A REFUND OF THE AMOUNT YOU ORIGINALLY PAID IF YOU: (A) DO NOT USE THE SOFTWARE AND (B) RETURN IT, WITH PROOF OF PAYMENT, TO THE LOCATION FROM WHICH IT WAS OBTAINED WITHIN THIRTY (30) DAYS OF THE PURCHASE DATE.
a) All of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to:
i. Swift or third party computer information or software;
ii. digital images, stock photographs, clip art, sounds or other artistic works (“Stock Files”);
iii. related explanatory written materials or files (“Documentation”);
iv. and data model elements; and
b) Upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Swift (collectively, “Updates”).
“Use” or “Using” means:
To access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation. “Permitted Number” means one (1) server unless otherwise indicated under a valid license (e.g. volume license) granted by Swift.
“Computer” or “Server” means:
An electronic device that accepts requests and delivers information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
Swift Software Incorporated, a Maryland corporation, P.O. Box 3928, Frederick, Maryland 21705.
2 Software License
As long as you comply with the terms of this JobTraQ® License Agreement (the “Agreement”), Swift grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation. Some third party materials included in the Software may be subject to other terms and conditions, which are typically found in a “Read Me” file located near such materials.
2.1 General Use
You may install and Use a copy of the Software on your compatible server, up to the Licensed Number of servers.
2.2 Backup Copy
You may make one backup copy of the Software, provided your backup copy is not installed or used on any computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under Section 4.
2.3 Server Based Client Access License.
JobTraQ® is server based software, intended to be installed on a Server and primarily accessed via web browser based client access, except for certain utilities and tools which may run on the server or from an administrator’s computer system. Client access is defined as a single user, administrator, client, or person connecting to the JobTraQ® system via any means in order to utilize the JobTraQ® system or any JobTraQ® features built in or customized, data contained within the system and does NOT include access via any special separately licensed interfaces provided by Swift, it’s suppliers and or development or integration partners. While it is up to the system administrator to properly configure the appropriate system to support the expected level of utilization, there are no “per user”, “per seat” or “per access” limitations to the JobTraQ® software license agreement EXCEPT FOR THOSE DEFINED IN SECTION 2.3.1 “ASSIGNEE LICENSING AND ACCESS” AND OR SUBSECTIONS OF 2.3.1. Client or “non assignee” access as defined in section 2.3 is unlimited provided that each server or computer on which JobTraQ® is installed, or from which it is being accessed is licensed according to all of the terms and conditions of this agreement.
2.3.1 Assignee Licensing and Access
220.127.116.11 Terms and definitions:
An individual JobTraQ® task, project, or other work item that will be created in the JobTraQ® system (regardless of input method) and assigned to an “assignee”. Tasks (and/or projects or other work items) can be inserted into JobTraQ® via anonymous forms, the XML API, a client login, or a staff login. Tasks can be assigned to any one or more individual user accounts and/or any one or more queues.
An open task is designated as any task that is in any “open” or “in progress” status or any status that is not expressly configured with a root status type of “closed”.
A closed task is designated as any task that is in any “closed” or “completed” status.
Any contact record of the type “individual” created or otherwise annotated in the JobTraQ® system.
A Queue is defined as any (non individual) organizational unit that “tasks” are assigned to so that work can be completed by someone who has access to that queue.
The assignee of a task is the (one or more) individual(s) and/or queue(s) entered into the “assignee” field of a JobTraQ® task. Placing one or more individuals or queues into the assignee field makes them an “assignee”.
Assignee License [Requirements/Privileges]:
An assignee license, when allocated to an individual or queue, grants that individual or queue the ability to be entered into the “assignee” field of more than 5 “open” JobTraQ® tasks. Placing one or more individuals or queues into the assignee field makes them an “assignee”.
The owner of a task is the individual or queue entered into the “owner” field in a JobTraQ® task (work element, task, project, etc.). The owner of a task is NOT an assignee and therefore does NOT require an assignee license in order to use the JobTraQ® system, unless they are also the “assignee”. Rather, the owner is the person or entity (organizational unit) in whose behalf a task (a JobTraQ® task or project) is being done, completed or annotated.
18.104.22.168 Assignee License requirements, restrictions and allocations:
– Any individual or queue that will have more than 5 OPEN tasks assigned to it at any given time WILL require that a valid “assignee license” be assigned to them.
– Each assignee license must be allocated to one individual or one queue. This can be completed by your system administrator via the JobTraQ licensing interface, and no assistance is required from Swift. You may reallocate licenses without restriction, but in order for an assignee to have more than 5 open tasks at any one time they must currently have a license allocated to them.
22.214.171.124 Limited Use Exception
– You may assign UP TO 5 “OPEN tasks” to any (one or more) JobTraQ® individual account(s) or queue(s) WITHOUT requiring an assignee license.
– The system will not allow you to assign more than 5 “OPEN Tasks” to any individual or queue unless they have an allocated license.
– Even if you are able to “trick the system” or use any unapproved method to in order to complete an assignment in excess of this grace allowance, or if for any reason the software fails to enforce this properly, you are still required to make a best effort to ensure that regular assignees (those queues or individuals that are assigned in excess of 5 “open tasks”) are allocated an assignee license”
126.96.36.199 Closed Task Exceptions
– An unlimited number of “closed” tasks may be assigned to any account WITHOUT requiring an assignee license.
2.4 Support Services
Swift may provide you with support services related to JobTraQ® (“Support Services”). Use of Support Services is governed by the policies and programs described in the user manual, in “online” documentation, and/or in other Swift-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of JobTraQ® and subject to the terms and conditions of this EULA. With respect to technical information you provide to Swift Software as part of the Support Services, Swift may use such information for its business purposes, including for product support and development. Swift will not utilize such technical information in a form that personally identifies you.
Your rights under this License Agreement terminate upon the termination of your JobTraQ® License Agreement. Without prejudice to any other rights, Swift may terminate this License Agreement if you fail to comply with the terms and conditions of this License Agreement. In such event, you must destroy all copies of JobTraQ® and all of its component parts.
2.6 Server/Computer-Specific License
Each permitted copy of JobTraQ® may be used only in connection with a Single named server or computer that is (either a stand-alone computer or a computer connected to a network) owned or leased by you. Once a copy of JobTraQ® has been licensed on a specific server or computer, it may not be used on any other computer, unless you have permanently stopped using (e.g., sold, destroyed, or relinquished possession of) JobTraQ® on the original computer. It may not be used on any additional computers without purchasing additional licenses.
2.6.1 Server / Computer failure, complete upgrade and/or replacement
In the event of a complete system replacement for the machine on to which JobTraQ® had been licensed, you will be required to contact Swift Software Technical Support during normal business hours (email@example.com) to request a transfer key. Swift Software, Inc. reserves the right to refuse to deliver a transfer key for any reason. Under all normal circumstances transfer keys will be provided within 8 business hours of the request.?
3 Intellectual Property Rights
The Software and any copies that you are authorized by Swift to make are the intellectual property of and are owned by Swift Software Incorporated and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Swift Software Incorporated and its suppliers. The Software is protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You may not copy the Software, except as set forth in Section 2 (“Software License”). Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. You agree not to modify, adapt or translate the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested Swift to provide the information necessary to achieve such operability and Swift has not made such information available. Swift has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by Swift or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information should be directed to the Swift Customer Support Department. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners’ names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give you any rights of ownership in that trademark. Except as expressly stated above, this Agreement does not grant you any intellectual property rights in the Software.
The JobTraQ® software and the contents of this associated User Manual are the property of Swift Software, Inc. and are protected by copyright. Any reproduction either in whole or in part is strictly prohibited. For additional copies of the software or this documentation, please contact Swift. Software as well as many other types of works are protected by international copyright laws. Unauthorized copying of those works in any manner may violate the rights of the owner of the copyright in those works and may expose you to civil and criminal penalties. You may not use JobTraQ® software to violate the copyright rights of others. Swift does not authorize you to use the JobTraQ® software for the purpose of violating the copyright rights of others.
3.2 Maintenance of Copyright Notices
You must not remove or alter any copyright notices on all copies of the SOFTWARE PRODUCT.
You may not, rent, lease, sublicense or authorize all or any portion of the Software to be copied onto another users computer or server except as may be expressly permitted herein. You may, however, transfer all your rights to Use the Software to another person or legal entity provided that: (a) you also transfer each this Agreement, the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, Updates and prior versions, and all copies of software converted into other formats, to such person or entity; (b) you retain no copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of the Software.
5 Multiple Environment Software / Multiple Language Software / Dual Media Software / Multiple Copies/ Bundles / Updates
If the Software supports multiple platforms or languages, if you receive the Software on multiple media, if you otherwise receive multiple copies of the Software, or if you received the Software bundled with other software, the total number of your servers or computers on which all versions of the Software are installed may not exceed the Permitted Number. You may not, rent, lease, sublicense, lend or transfer any versions or copies of such Software you do not Use. If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use the Update. You may continue to Use the previous version of the Software on your server or computer after you receive the Update to assist you in the transition to the Update, provided that: the Update and the previous version are installed on the same computer; the previous version or copies thereof are not transferred to another party or computer unless all copies of the Update are also transferred to such party or computer; and you acknowledge that any obligation Swift may have to support the previous version of the Software may be ended upon availability of the Update.
6 NO WARRANTY.
The Software is being delivered to you “AS IS” and Swift makes no warranty as to its use or performance. SWIFT AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, SWIFT AND ITS SUPPLIERS 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 NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
7 Pre-release Product Additional Terms
If the product you have received with this license is pre-commercial release or beta Software (“Pre-release Software”), then the following Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supersede such other term(s) and condition(s) with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a pre-release version, does not represent final product from Swift, and may contain bugs, errors and other problems that could cause system or other failures and data loss. Consequently, the Pre-release Software is provided to you “AS-IS”, and Swift disclaims any warranty or liability obligations to you of any kind. WHERE LEGALLY LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, SWIFT’S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF FIVE DOLLARS (U.S. $5.00) IN TOTAL. You acknowledge that Swift has not promised or guaranteed to you that Pre-release Software will be announced or made available to anyone in the future, that Swift has no express or implied obligation to you to announce or introduce the Pre-release Software and that Swift may not introduce a product similar to or compatible with the Pre-release Software. Accordingly, you acknowledge that any research or development that you perform regarding the Pre-release Software or any product associated with the Pre-release Software is done entirely at your own risk. During the term of this Agreement, if requested by Swift, you will provide feedback to Swift regarding testing and use of the Pre-release Software, including error or bug reports. If you have been provided the Pre-release Software pursuant to a separate written agreement, such as the Swift Software Incorporated Serial Agreement for Unreleased Products, your use of the Software is also governed by such agreement. You agree that you may not and certify that you will not sublicense, lease, loan, rent, or transfer the Pre-release Software. Upon receipt of a later unreleased version of the Pre-release Software or release by Swift of a publicly released commercial version of the Software, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all earlier Pre-release Software received from Swift and to abide by the terms of the End User License Agreement for any such later versions of the Pre-release Software. Notwithstanding anything in this Section to the contrary, if you are located outside the United States of America, you agree that you will return or destroy all unreleased versions of the Pre-release Software within thirty (30) days of the completion of your testing of the Software when such date is earlier than the date for Swift’s first commercial shipment of the publicly released (commercial) Software.
8 LIMITATION OF LIABILITY
IN NO EVENT WILL SWIFT OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN SWIFT REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. SWIFT’S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY.
9 Export Rules.
You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the “Export Laws”). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
10 Governing Law
This Agreement will be governed by and construed in accordance with the substantive laws in force in the State of Maryland, United States. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
11 General Provisions
If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of Swift. Updates may be licensed to you by Swift with additional or different terms. This is the entire agreement between Swift and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.
12 Notice to U.S. Government End Users
The Software and Documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. Swift Software Incorporated, P.O. Box 3928, Frederick, MD 21705, USA. For U.S. Government End Users, Swift agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by reference in this Agreement.
13 Compliance with Licenses
If you are a business or organization, you agree that upon request from Swift or Swift’s authorized representative, you will within thirty (30) days fully document and certify that use of any and all Swift Software at the time of the request is in conformity with your valid licenses from Swift.
14 *** EVALUATION [30 day demo] LICENSE ***
The following license applies to the evaluation [30 day demo] version of JobTraQ. Section 14 replaces section 2 for evaluation users. If you have purchased a license for the registered version of JobTraQ® then section 14 no longer applies to you or your organization. You should carefully read the following terms and conditions before using this software. Unless you have a different license agreement signed by an officer of Swift Software, Inc. your use of this software indicates your acceptance of this license agreement and warranty.
14.1 Evaluation and Registration
This is not free software. Subject to the terms below, you are hereby licensed to use this software for evaluation purposes without charge for a period of 30 days. If you use this software after the 30 day evaluation period, it is required that you purchase a valid license. Payments must be in US dollars drawn on a US bank, and should be sent to:
Swift Software, Inc.
P.O. Box 3928
Frederick, MD 21705.
When payment is received you will be sent valid JobTraQ® license keys and/or a licensed copy of the latest version of the JobTraQ® software. Unlicensed use of JobTraQ® after the 30-day evaluation period is in violation of U.S. and international copyright laws and this license agreement.
14.2 Distribution of Evaluation Version
Provided that you verify that you are distributing the evaluation version you are hereby licensed to make as many copies of the evaluation version of this software and documentation as you wish; give exact copies of the original evaluation version to anyone; and distribute the evaluation version of the software and documentation in its unmodified form via electronic means. There is no charge for any of the above. You are specifically prohibited from charging, or requesting donations, for any such copies, however made; and from distributing the software and/or documentation with other products (commercial or otherwise) without prior written permission.
15 Requesting Additional Information
If you have any questions regarding this Agreement or if you wish to request any information from Swift please use the address and contact information included with this product to contact the Swift office serving your jurisdiction.
Swift Software, JobTraQ®, and JobTraQ® X5 are either registered trademarks or trademarks of Swift Software, Inc. in the United States and/or other countries.