ViewMedica Stock Terms of Service

Quick Summary

We want you to feel clear and confident about how you can use our stock images and video clips. Here’s a plain-English overview. This summary is for convenience only. Please read the full Terms of Service for the complete agreement. The full legal agreement below still controls.

What you can do

• Use content in ads, brochures, websites, presentations, books, magazines, and editorial projects.
• Use content in broadcasts, films, or public performances (up to 250,000 audience size).
• Use content in videos or posts shared on social media platforms (YouTube, Facebook, Instagram, TikTok, etc.), as long as it is part of your own creative work.
• Share files with your designers, printers, or web developers as needed.
• Make one backup copy of any licensed content.

What you can’t do (without an Extended License)

• Put content on merchandise for resale (shirts, mugs, posters, etc.).
• Reproduce content more than 250,000 times.
• Show to a broadcast audience over 250,000 people.
• Use content as a logo, trademark, or endorsement.
• Install on more than one server or location.
• Use content in any unlawful or defamatory way.

Other key points

• Licenses are non-transferable – you can’t sublicense or resell them.
• Content is provided as-is (no warranties).
• Our liability is limited to the fees you paid in the past 12 months.
• For most issues, we’ll give you 10 days to fix the problem before any termination.
• If we need to change these terms, we’ll give at least 15 days advance notice.

Full ViewMedica Stock Terms of Service

SWARM INTERACTIVE, INC. LICENSE AGREEMENT FOR STOCK CONTENT

1. Definitions

• Agreement: These Terms of Service together with Swarm’s Site Terms of Use and Privacy Statement as provided on the swarminteractive.com website, as amended from time to time by Swarm.
• Credits: Purchased units used to download Swarm Licensed Content.
• Registration Data: The information you provide to register for Services (see Section 11).
• Service or Services: The Swarm services to which you are granted access under this Agreement including the stock image Service and the video clip licensing Service.
• Swarm: Swarm Interactive, Inc. and its successors and assigns.
• Swarm Licensed Content or Content: All information, data, text, software, music, sound, photographs, illustrations, audio or video files, messages or other materials owned or licensed by Swarm, and furnished under the terms of this Agreement.
• Term: The duration of this Agreement as described in Section 9.
• we / our / us: Swarm Interactive, Inc. and its successors and assigns.
• you / your: The end user of the Services, whether a natural person, sole proprietorship, partnership, limited liability company, corporation, or other entity.

2. Governing terms

This Agreement governs your use of Services and constitutes a legally binding agreement between you and Swarm. By accessing or using the Services, or by submitting a credit card authorization, you agree to these Terms. If you do not agree, you may not access or use the Services. Your access to or use of any Services may also be subject to your acceptance of separate agreements with Swarm. This Agreement also governs your continued purchase and use of Services, including any additional Swarm services made available through the Services you select.

3. Uses

Swarm grants you a non-exclusive, non-transferable, worldwide, perpetual license to use the Content as permitted under this Agreement. All rights in any Content created by Swarm remain Swarm’s property. You may use Content for:

• Promotional products including advertisements, printed ads, packaging, presentations, brochures and other promotional materials that are not for resale or license.
• Books, book covers and illustrations.
• Magazines, newspapers, or other editorial uses.
• Broadcast video, film, video products, and public performances.
• Electronic publications and online display.
• Educational posters, courtroom visualizations, and other printed displays not for resale or license.
• Transferring files containing Licensed Content to clients, printers, or web developers for Allowed Uses an unlimited number of times.
• Creating one back-up copy of the Licensed Content, stored in a single location.

4. Restrictions

You may not use Content in any of the following ways (unless you purchase an Extended License where noted):

• On items for resale, license, or distribution for profit (such as posters, mugs, or t-shirts).
• Reproducing more than 250,000 copies.
• Broadcast video, film, or public performances to an audience of more than 250,000 people.
• Licensing, sublicensing, copying, assigning, leasing, loaning, selling, republishing, uploading, posting, transferring, or distributing the Content or Service to third parties.
• In a way that competes with Swarm’s business, including ViewMedica Stock Medical Images Service and ViewMedica Patient Education System.
• Installing in more than one location or posting to a web or network server for use by others.
• As part of a trademark, service mark, or logo, or in a way that suggests endorsement.
• In a manner that Swarm reasonably considers infringing, obscene, pornographic, defamatory, or unlawful.
• Removing copyright or watermarks from Licensed Content.
• Decompiling, disassembling, debugging, using automated programs, or reverse engineering the Services or Content.
• Using the Services for any unlawful purpose or in violation of this Agreement.

5. Notification of use beyond standard limits

If you reproduce beyond 250,000 copies, you must notify Swarm and pay $10.10 per excess reproduction unless you purchase an Extended License.

6. Optional extended license

Extended Licenses provide additional rights for resale, higher reproduction, and large-audience uses.

7. No sublicenses, no transfers

The license is not sublicensable and may not be transferred without Swarm’s written approval.

8. Payments and credits

Video clip licensing fees depend on intended use and clip length. Stock image Service is credits-based. Credits are non-refundable, non-transferable, and expire one year after last purchase.

9. Term and renewal term

The initial term is one year from acceptance and automatically renews annually until terminated.

10. Cancellation and termination

Immediate termination (48 hours notice) if Swarm reasonably believes use may cause harm or infringement. For all other breaches, Swarm will provide 10 days notice and an opportunity to cure before suspension or termination.

11. Registration

You must provide accurate and current information. Failure to do so may result in suspension or termination.

12. Feedback

You grant Swarm a royalty-free, perpetual license to use suggestions or feedback you provide.

13. Reservation of rights and ownership

Content and Services are licensed, not sold. All rights remain with Swarm.

14. Indemnification

You agree to indemnify and hold harmless Swarm and its affiliates from claims arising out of your breach of this Agreement.

15. Representations and warranties

Each party represents it has authority to enter this Agreement and its performance will not violate other agreements.

16. Warranty disclaimers

The Services and Content are provided “as is” without warranties of any kind.

17. Limitation of liability and damages

Swarm’s total liability is limited to fees you paid in the 12 months prior to a claim. No indirect or consequential damages.

18. Government restricted rights

Content is “restricted computer software” subject to applicable federal acquisition regulations.

19. Governing law

This Agreement is governed by the laws of North Carolina.

20. Attorneys’ fees

The prevailing party in any legal action may recover reasonable attorneys’ fees.

21. Complete agreement and changes

This Agreement is the entire agreement between the parties. For material changes, Swarm will provide at least 15 days’ advance notice before changes take effect.

Effective Date: August 18, 2025