User Handbook USB Licence Agreement – September 2013
The User Handbook USB Licence entitles your company to receive on USB stick the
latest available snapshot of the User Handbook.
SWIFT intends to make a new snapshot available at each major release in the area of
Standards, SWIFTNet and Alliance. See http://www.swift.com/ for more information
about planned snapshots.
Between 2 snapshots, the latest available version of the User Handbook can be consulted
online on http://www.swift.com/.
The present agreement (the “Agreement”) governs the provision and use of the User
Handbook provided to the Customer on a USB stick.
1. Parties
The User Handbook on USB is developed and commercialised by the Society for
Worldwide Interbank Financial Telecommunication SCRL ("SWIFT").
The customer is the SWIFT user, partner, service bureau or other organisation whose
subscription to the User Handbook USB Licence has been accepted by SWIFT (the
"Customer").
The User Handbook USB Licence is not available to individual consumers.
2. Delivery
Delivery occurs on a USB.
The Customer is responsible for procuring appropriate hardware, software and other
equipment, facilities or services to access and use the User Handbook on USB.
3. Allowed use
The Customer may (or may authorize at its own risk and under its sole responsibility
Affiliated Customers to) download the User Handbook available on USB on one or more
computers and servers for consultation by an unlimited number of staff members or other
persons under the responsibility of the Customer or Affiliated Customers worldwide.
Customers that are Member–Concentrators may make the User Handbook USB available
to their serviced SWIFT users, whether by remote online access or in copy, for
consultation by an unlimited number of staff members or other persons under the
responsibility of their serviced SWIFT users worldwide, without additional fee to the
Member–Concentrators or their serviced SWIFT users. When Member-Concentrators
choose not to subscribe to a User Handbook USB licence, SWIFT will charge the User
Handbook Online fees to their serviced SWIFT users.
Any consultation of the User Handbook on USB as allowed under this section shall be
subject to any proprietary rights and other legal notices appearing in the User Handbook
on USB.
For the purposes of this Agreement, "Affiliated Customers" means any affiliated
company of the Customer that is also registered with SWIFT as a SWIFT user, partner or
service bureau (typically, other SWIFT users registered in the same group of affiliated
users as the Customer for traffic aggregation purposes). To be considered as an affiliated
company, the company must majority–own and control, be majority–owned and
controlled by, or be majority–owned and controlled by the same entity as the Customer.
The Customer may make copies of the User Handbook USB as are reasonably necessary
for the allowed use, or for back–up and disaster recovery purposes. Any such copy shall
include all proprietary rights and other legal notices appearing in the User Handbook USB
supplied by SWIFT.
4. No other uses
Except to the extent expressly permitted under Article 3, the Customer may not, nor
authorize others to:

translate, enhance or otherwise modify any parts of the User Handbook USB,
including remove, alter, cover, obscure or cancel from view any proprietary rights
and other legal notices appearing in the User Handbook USB;

copy or otherwise reproduce the User Handbook USB;

rent, lease, sell, sub–license, distribute to or allow access to or otherwise provide
or transfer the User Handbook USB to third parties.
5. Price
The Customer must pay to SWIFT all charges and fees applicable to it for the subscription
to the User Handbook USB Licence.
These charges and fees are as notified by SWIFT to the Customer from time to time
(typically, in the then current version of the SWIFT Price List).
Equally, the terms and conditions relating to invoicing by SWIFT and payment by the
Customer are as notified by SWIFT to the Customer from time to time (typically, in the
then current version of the SWIFT Price List).
6. Intellectual Property
All rights in the User Handbook USB, including copyright and any other intellectual
property rights of whatever nature, are and remain vested with SWIFT or its licensors.
The Standards contained in the User Handbook USB are further licensed subject to the
SWIFT Standards IPR policy – end user licence agreement, available at
http://www.swift.com/ > About SWIFT > Legal
7. SWIFT Liability
SWIFT’s sole responsibility under this Agreement shall be to provide the User Handbook
USB to the Customer.
SWIFT’s maximum aggregate liability for any losses or damages in connection with this
Agreement shall in no event exceed the amount of the fees and charges paid by the
Customer for the year in which the Customer has incurred or sustained such losses or
damages. In all cases, SWIFT shall not be liable to the Customer for any indirect, special
or consequential losses or damages even if SWIFT has been advised of the possibility
thereof.
8. Duration
The Customer subscribes to the User Handbook USB Licence on a calendar year basis.
Unless terminated in accordance with the terms of this Article, a standing User Handbook
USB Licence will automatically be renewed for another calendar year.
The Customer may terminate the User Handbook USB Licence by serving a termination
notice to SWIFT through SWIFT’s ordering service on http://www.swift.com/ before
December 1, of each year.
SWIFT may terminate the User Handbook USB Licence for convenience at any time upon
three (3) months prior written notice to the Customer.
SWIFT may also terminate the User Handbook USB Licence with immediate effect upon
written notice to the Customer if:
the Customer ceases to be a SWIFT user, partner or service bureau (as the case may
be);
the Customer (or an Affiliated Customer or other person specified in para 2 of clause 3
above) breaches the allowed use of the User Handbook USB; or
the Customer (or an Affiliated Customer) fails to comply with a written notice to
remedy any other breach of the terms of this Agreement within thirty (30) calendar
days.
Upon termination of the User Handbook USB Licence for any reason whatsoever, the
Customer (and all Affiliated Customers) shall immediately stop (and cause any Affiliated
Customers to immediately stop) any download or other use of the User Handbook USB.
9. General provisions
This Agreement constitutes the entire agreement between the Customer and SWIFT as
regards the provision and use of the User Handbook USB, superseding any other oral or
written agreements regarding the same subject matter.
The User Handbook USB Licence is personal, and the Customer (or any Affiliated
Customer) may not assign its rights or obligations under this Agreement to any third party
without the prior written permission of SWIFT.
This Agreement is governed by Belgian law, and Customer and SWIFT agree to submit to
the exclusive jurisdiction of the Brussels' courts (Belgium).