ViewMedica Web Terms and Conditions

SWARM INTERACTIVE, INC.

LICENSE AGREEMENT FOR INTERNET ANIMATIONS

PLEASE READ THIS LICENSE CAREFULLY BEFORE INSTALLING THE SWARM INTERACTIVE ANIMATION VIEWER ON YOUR SITE. BY USING THE VIEWER, YOU ARE AGREEING TO BE BOUND BY THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE VIEWER.

1. Governing Terms. The viewer.swf (Viewer), Animations displayed in the Viewer and any documentation are licensed, not sold, to you by Swarm Interactive, Inc. (Swarm) for use only under the terms of this License, and Swarm reserves all rights not expressly granted to you. The terms of this License will govern any Viewer and Animation upgrades provided by Swarm that replace and/or supplement the original Swarm product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

2. Uses and Restrictions. (a) This License allows you to install and use one copy of the Viewer on a single Web site. (b) You may not copy, in whole or in part, decompile, reverse engineer, disassemble, modify, or create derivative works of the Viewer or Animations.

3. Transfer. You may not rent, lease, lend, redistribute or sublicense the Viewer or Animations. This License is not transferable without the written consent of Swarm.

4. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from Swarm if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the Viewer or Animations. Swarm may terminate the License at any time for any actual, threatened or suspected violation of the License or any actual, threatened or suspected unauthorized use of the Viewer or Animations.

5. Representation. Swarm hereby represents and warrants to Licensee that: (a) Swarm has the full corporate right, power and authority to enter into this License and to perform the acts required of it hereunder; (b) the execution of this License by Swarm, and the performance by Swarm of its obligations and duties hereunder, do no and will not violate any agreement to which Swarm is a party or by which it is otherwise bound; and (c) Swarm owns or has licensed all rights in the Viewer and Animations.

6. Disclaimer of Warranties. You expressly acknowledge and agree that use of the Viewer and Animations is at your own risk. The quality, performance and accuracy of all material is to be found acceptable by you before you install the Viewer on your site. To the extent permitted by applicable law, the Viewer and Animations are provided "as is", with all faults and without warranty of any kind. No oral or written information or advice given by Swarm or a Swarm authorized representative shall create a warranty.

7. Limitation of Liability. To the extent not prohibited by law, in no event will Swarm be liable for personal injury, or any damages, including, without limitation, damages for loss of profits, business interruption arising out of or related to your use or inability to use the Viewer or Animations. In no event shall Swarm's total liability to you for all damages exceed the amount of twenty five dollars ($25.00).

8. Governing Law. This Agreement shall be construed in accordance with the laws of Florida. Licensee consents to the jurisdiction of the courts of Florida. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

9. Complete Agreement. This Agreement constitutes the entire agreement between the parties hereto and shall not be modified, amended, or changed in any way except by a written agreement signed by Swarm. In the event of a dispute between the English and any non-English version of this Agreement, the English version of this License shall govern.