This is a supplement to the Swapability Customer Agreement (the “Agreement”) and is included in the Agreement. Any capitalized terms used but not defined below have the meanings in the Agreement. The purpose of this supplement is to allow your affiliates to be Authorized Users in a multi-user license, subject to the terms below.
1. If you designate any of your affiliates as Authorized Users, you will be responsible for their use of the service(s). Accordingly, your designation of users requires them to comply with the applicable terms of the Agreement (including this supplement), including any conditions or restrictions with respect to use of, or access to, the service(s)
2. For the avoidance of doubt, allowing your affiliates to be Authorized Users does not mean that you may copy or resell any Swapability service(s), or make the products or services available to your affiliates on a standalone basis. Rather, it means only that your affiliates may access your instance of the software or services in order to support their role with your organization.
3. Examples include:
3.1 You accessing your Swapability account to view your Swapability matches.
3.2 One of your affiliates accessing their Swapability account under your multi-user license to create projects they need assistance with.
3.3 One of your affiliates accessing their Swapability account under your multi-user license to save staff profiles they are willing to offer in exchange.
4. You may not charge your affiliates for any use of Swapability itself, but may charge your affiliates as part of an overall program that includes access to your instance of the software or services. An approved example would be splitting costs for a multi-user license.
5. As an Authorized User, your affiliates may interact with the software but may not receive any administrator, configuration or similar access to the services. For example, your affiliates may use the system to find staff exchange matches, but they may not be administrators for the multi-user license in order to add additional users.
6. Swapability will not have any direct or indirect liability or obligation to any of your affiliates. For the avoidance of doubt, your affiliates are not parties to, or third party beneficiaries under, the Agreement.
7. You will defend, indemnify and hold harmless Swapability from and against any loss, cost, liability or damage, including attorneys’ fees, for which Swapability becomes liable arising from or relating to any claim brought against us by your affiliates arising out of their use of the software or services through your license.