Terms of Use

Last updated: December 17, 2014

Introduction

Thank you for choosing SMART. This Terms of Use ("Terms") document is a legal agreement between SMART Technologies ULC (referred to as "SMART", "we", "us" or "our") and you (where "you", "your" or "user" includes you, your organization, your school or your company that you are using or installing the application, online offerings or software on behalf of). You represent and warrant that you have the authority to accept these Terms and where applicable, bind your organization, school or company and ensure all of its end users comply with these Terms. If you are a minor, your parent or guardian must agree to these Terms on your behalf. Please see the additional provisions that apply to minors under our Privacy Policy and Creating an Account.

By using or installing our applications, online offerings or software (our "products") you are agreeing to be bound by these Terms and any End User License Agreement ("EULA") that accompanies our products. If our product has an accompanying EULA it shall prevail and govern if in conflict with any of these Terms. These Terms also apply to our updates, patches and any related Internet or mobile based applications or services unless other terms accompany them.

SMART may modify these Terms at any time by notifying you on this page. You are responsible for regularly visiting this page to obtain notice of any changes and to stop using the applicable product if you do not agree to the amended Terms. In other words, changes to our Terms will appear here and your continued use of our products means you accept and agree to be bound by the modified Terms; if you do not agree, do not use our products.

Many of our products have specific terms of use that apply to only that product ("Specific Terms"). These Specific Terms supplement and shall prevail if in conflict with the general Terms (found in this Introduction and in the GENERAL TERMS section below). The following products have Specific Terms:

· Bridgit^®

· SMART Ecosystem Network (SEN)

· SMART Exchange^®

· SMART Learning Space (SLS)

· SMART Meeting Pro^®

· SMART Meeting Pro^® Personal Edition (MPPE)

· SMART Notebook^®

· SMART Notebook^® Express online and SMART Notebook^® for Web

· SMART Response^®

The following general Terms apply to all our products (including the ones that have Specific Terms):

GENERAL TERMS

· Apps

· Class Action Waiver

· Cookies

· Creating an Account

· Disclaimer of Warranties and Limitation of Liability

· Downloaded Software - Trial and Other

· Export Restrictions

· Feedback

· Governing Law

· Invalidity of Provisions

· Moderators

· Reporting a Concern, Dispute or Take-Down Request

· Revoking Your License

· Security

· SMART Gallery

· SMART Provided Content

· Third Party Offerings and Sites

· UC Point

· User Provided Content (Submissions)

Bridgit^®

Please ensure you read the Introduction as it contains important information regarding this binding legal agreement between you and SMART. The following Specific Terms for Bridgit supplement, and shall prevail if in conflict with, the general Terms (found in the Introduction and at the bottom of this page). For clarity, the Terms apply to all our products (including this one) but these particular Specific Terms only apply to this product.

SMART grants and you accept a non-exclusive, non-transferable license to use the software with SMART products subject to the following limitations:

1. You may use the software as follows:

a. Server Software. You may install the server software on such number of servers as you are entitled to based on your initial purchase of server software licenses and any additional purchases of server software licenses. You may use the server software at any time on such number of server(s) for the sole purpose of supporting the Bridgit clients. The server software supports usage by more than one client at a time, but it may be used only to support up to the number of concurrent clients you are entitled to based on your purchase of concurrent licenses. Any attempt to use the software in violation of these limitations is a breach of this agreement.

b. Client Software. You may install, or permit the download of, the Bridgit client software on as many clients as you require, provided that the number of concurrent clients using the client software at any given time will be limited the number of concurrent licenses you have purchased.

Back to Introduction

SMART Ecosystem Network (SEN)

Please ensure you read the Introduction as it contains important information regarding this binding legal agreement between you and SMART. The following Specific Terms for the SMART Ecosystem Network ("SEN") supplement, and shall prevail if in conflict with, the general Terms (found in the Introduction and at the bottom of this page). For clarity, the Terms apply to all our products (including this one) but these particular Specific Terms only apply to this product.

Certain users may apply for and may be granted access to the SEN, and are herein referred to as SEN Members. Access to the SEN may enable SEN Members to apply for member accreditations and other program offerings. All such programs and offerings are subject to additional terms and conditions governed by the respective accreditation or other programs.

Continuing access to the SEN is contingent on maintaining membership with the SEN and related accreditations in good standing (including, without limitation, payment of any membership fees) and compliance with these Terms. SMART reserves the right to discontinue a program, offering, SEN Member's accreditation and/or SEN Members' membership in SMART's sole discretion, including, without limitation, in any of the following circumstances:

· SMART determines that a program or accreditation is not meeting a commercial need, or is otherwise no longer supported; or

· the SEN Members (including, without limitation, any of its employees, individual contractors or other staff):

o fails to abide by the terms of any and all applicable accreditation programs;

o fails to return loaner equipment in accordance with the loan terms;

o is determined to not be a bona fide or qualified ecosystem participant;

o fails to pay associated program or accreditation fees, if any, in a timely manner;

o makes disparaging, libelous, or other inappropriate remarks about SMART or other SEN Members; or

o otherwise fails to abide by any applicable Terms.

The contractor directory available through the SEN is provided for reference only to advise SEN Members of organizations that have received certain levels of accreditation or other designations. SMART does not endorse, warrant or recommend any third party contractors, including those listed on the contractor directory. Any feedback on these contractors from other SEN Members is the opinion of such SEN Members only, and does not necessarily reflect the opinion of SMART.

Any pricing information provided through the SEN is subject to change without notice.

SMART shall not, subject to agreement between the SEN Member (or other applicable party) and SMART otherwise, do any of the following with Submissions made by the SEN Member specifically to the SEN portion of the website:

· Resell, distribute or otherwise attempt to commercialize or make available (subject to agreement with the SEN Member) digital works that are submitted by SEN Members for the purpose of obtaining accreditation on such works.

· SMART further recognizes that certain trademarks, service marks, logos or other protected marks that are uploaded by SEN Members to the SEN forum or supplied as part of the accreditation application process may only be used by SMART for the specified purpose for which they were provided, which includes promoting the SEN Member's involvement with the SEN.

Any software made available through the SEN (or via a link through the SEN) shall be subject to the Terms of the Trial and other Software or Application Downloads section below, however, shall also be subject to the following:

· SEN Member, if an organization, must ensure that its employees, contractors and other staff are only granted access to such software under confidentiality agreement (for software not generally available to the public) and are aware of and comply with the terms of the license and these Terms.

· SEN Member may only use the software for internal development purposes, including for testing.

· SEN Member may not sell, resell, distribute, license or sub-license the software in any way.

· SEN Member may use and display commercial grade software for demonstration and marketing purposes at tradeshows and sales demonstrations, provided that this right is limited only to SEN Member's direct employees, individual contractors and other staff (and not to SEN Member's distribution channel).

Any documentation made available to the SEN Member through the SEN shall only be used by SEN Member for its exclusive use (including the use of any or all of its employees, individual contractors and other staff), and not for distribution, redistribution, modification, or attempt to modify the same to any third party.

Upon termination of membership in the SEN for any reason, SEN Member must destroy any software and related license keys, documentation or other rights obtained to the software obtained through membership in the SEN, immediately return loaner equipment obtained under any SEN program, and stop exercising any logo or other rights obtained under a SEN program.

Back to Introduction

SMART Exchange^®

Please ensure you read the Introduction as it contains important information regarding this binding legal agreement between you and SMART. The following Specific Terms for the SMART Exchange^® website ("Site") supplement, and shall prevail if in conflict with, the general Terms (found in the Introduction and at the bottom of this page). For clarity, the Terms apply to all our products (including this one) but these particular Specific Terms only apply to this product.

Certain content, applications or software on the Site may be made available for a fee and may be subject to additional or alternate terms of use, which are available upon registration for such service.

To the extent permitted by our licensors, SMART grants you a non-exclusive, worldwide, limited, royalty-free, non-sublicenseable, non-transferable license to SMART provided content or user generated submissions made available on the Site on a no-fee basis ("Exchange Content"), subject to the following conditions and to your contractual agreement to refrain from using any Exchange Content beyond the scope of this license:

· Your license is limited to non-commercial purposes and, without limiting that restriction, you agree not to download large quantities of Exchange Content for non-commercial redistribution, or any Exchange Content for commercial distribution or the creation of or addition to a competing offering.

· You may access, copy, distribute, publish, and otherwise use unmodified Exchange Content subject to the condition that you maintain a reference to the original author and/or the SMART logo or trademark to the extent the same was contained on the Exchange Content.

· You may edit modifiable Exchange Content and distribute, publish, and otherwise use such modified content, subject to the condition that you retain and conspicuously reproduce attribution to the original creator referred to in the content (typically on the title page or first page of the document).

· You may not alter or remove any proprietary notices, credits and copyrights and other embedded information included with the Exchange Content.

· You are permitted to use Exchange Content that is in a .galleryitem or a .gallerycollection file format only with SMART products (such as SMART Table software, SMART Table Toolkit software, SMART Notebook software and SMART Notebook express software or web application). Use for any other purpose is not permitted. You may not use the Exchange Content on third party software, or include it in any product for sale or for a fee. If the Exchange Content is incorporated into a .notebook file, and the .notebook file is exported into another file format, that other file format may be used on third party software, provided it is not included in a product for sale or for a fee.

The license granted herein may be terminated by SMART immediately and without notice if we determine, in our reasonable discretion, that you are using content published on this Site for commercial purposes (e.g., without limitation, by publishing portions of the content on this Site in books or Sites that you make available only for a charge, or by deep-linking to portions of this Site from a commercial Site), or you fail to comply with any other term or condition of these Terms. Upon termination of the license, you shall cease to access or use any content published on the Site (except content that you contributed yourself, without any edits contributed by others).

Certain content or applications on the Site provided by SMART or other content providers are only accessible for a fee ("Paid-for Content"), as indicated on the Site. In such case, SMART is acting only to refer you to the reseller of this content. Once you have selected the items you wish to purchase, you will be redirected to an online store hosted and run by DR MYCOMMERCE, INC. D/B/A REGNOW ("RegNow"), the reseller of the Paid-for Content. That site will be subject to separate terms as specified by RegNow, and all transactions you conduct on that site are between you and RegNow. SMART shall not be responsible for any aspect of that transaction.

In relation to the Paid-for Content, you acknowledge that you, RegNow or the Publisher, and not SMART:

· handles all aspects of the sale of all Paid-for Content, including the financial transaction and calculation of taxes payable by you in relation to the transaction;

· is responsible for the remission of all applicable sales or other taxes in relation to the transaction;

· administers refunds, addresses support issues relating to the download of the Paid-for Content, incomplete or errors in the download or transactions; and

· uptime and accessibility of the shopping cart and RegNow site.

You acknowledge and hereby consent to SMART obtaining information relating to the transaction (including your personal information), whether directly from you or from RegNow. This information will be handled in accordance with our Privacy Policy.

The availability of the Paid-for Content after you complete a transaction is set out in the RegNow terms and you acknowledge that SMART is not responsible in the event that you do not download the Paid-for Content within the time specified in those terms. You also acknowledge that you will only download the number of copies purchased by you.

Your license rights to the Paid-for Content provided will in all cases be limited as follows:

· Use is limited to "non-commercial use", which with respect to Paid-for Content means the user's personal use and use on classroom devices associated with the user. Provided it is used only for non-commercial use, you may make minor modifications, additions, deletions and alterations to the Paid-for Content, which is called a derivative work. You must acknowledge the source of the Paid-for Content in your derivative works. This Paid-for Content and your derivative works cannot be further distributed or shared outside of your own classroom use.

In addition to the Terms relating to Disclaimer of Warranties and Limitation of Liability, you acknowledge that NEITHER SMART, NOR ITS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS OR EMPLOYEES IS RESPONSIBLE FOR ANY ISSUES REGARDING THE QUALITY, NATURE, OR DELIVERY OF, OR THE BILLING PRACTICES FOR THE PAID-FOR CONTENT, WHICH INCLUDES WITHOUT LIMITATION, ANY CLAIM THAT TO THE PAID-FOR CONTENT VIOLATES A PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY.

Back to Introduction

SMART Learning Space (SLS)

Please ensure you read the Introduction as it contains important information regarding this binding legal agreement between you and SMART. The following Specific Terms for the SMART Learning Space ("SLS") supplement, and shall prevail if in conflict with, the general Terms (found in the Introduction and at the bottom of this page). For clarity, the Terms apply to all our products (including this one) but these particular Specific Terms only apply to this product.

Certain users may be create an account for access to the SLS members only portion of the Site (the "SLS Site"), and are herein referred to as "SLS Members". In addition to these Specific Terms (which continue to apply to the SLS Site), the SLS users may be subject to additional terms at the time of creating a member account and/or at the time of purchasing courses, resources or other offerings within the SLS Site.

SLS Members acknowledge that course material and other reference materials made available on the SLS Site is for such Member's personal use only and not to be transferred, copied, shared, sold (or otherwise commercialized), or in the case of courses (such as Flash media presentations) stored or saved electronically other than for the SLS Member to complete such course.

SLS Member acknowledges that certain information, including course history and completion, course transcripts and credits, and certification levels (if applicable), may be stored on systems managed by SMART, even if such courses are offered online and/or without charge. SLS Member acknowledges that such information shall be viewable by both the SLS Member and SMART (and its representatives), and may be stored by SMART for an indefinite period. Should there be any error in the information about an SLS Member, that SLS Member may contact SMART at SLS@smarttech.com to correct the information.

SLS Members acknowledge that, while SMART endeavors to maintain continuous availability and the contents of the website, it cannot guarantee that the website and the related training materials and courses will be available at any given time. SLS Member hereby releases SMART from any losses or liabilities it may incur as a result of unavailability of the website or training materials or courses. In the event a paid training course or material is interrupted or unavailable at its designated time, upon request SMART shall make such course or material available to the SLS Member as soon as reasonably practical thereafter, or refund the amount paid for such course or material at SMART's option.

Payment and Refund Policy:

Payment in full is required prior to registration for any course to be completed. SLS Member acknowledges that SMART may utilize the services of a third party for payment processing.

In the event the registered SLS Member is unable to attend a training event (whether provided "in person", meaning training performed live in the same physical location, or online), such training is not transferable.

Free online training courses may be canceled at any time. SMART shall provide a full refund for any courses that have been fully paid provided the SLS Member has provided at least five (5) full business days notice of non-attendance. After such time, if the SLS Member advises SMART of his or her non-attendance prior to the commencement of the course, SMART shall credit the SLS Member's account with the amount paid for such course. Such credit may be used by such SLS Member on other SMART provided courses within one (1) year of the date of the original course. If the notice of non-attendance is not provided prior to the commencement of the course, the entire course fee shall be forfeit by the SLS Member.

Course Credits:

SMART may from time to time offer programs enabling SLS Members to accumulate credits for hours of development training completed. These programs may be subject to additional Terms and are subject to change from time to time. Any credits offered through such programs shall have no cash value and may be applied only towards SMART offered programs (including certifications), trainings, events or other offerings specified by SMART. Unless otherwise specified, credits accumulated must be used within two (2) years of earning them, or they will be forfeit.

Back to Introduction

SMART Meeting Pro^®

Please ensure you read the Introduction as it contains important information regarding this binding legal agreement between you and SMART. The following Specific Terms for SMART Meeting Pro supplement, and shall prevail if in conflict with, the general Terms (found in the Introduction and at the bottom of this page). For clarity, the Terms apply to all our products (including this one) but these particular Specific Terms only apply to this product.

Subject to payment of applicable license fees, if any, SMART grants and you accept a non-exclusive, non-transferable (subject to subsection (c) below), perpetual, non-sub-licensable license to use Meeting Pro subject to the following limitations:

a. Meeting Pro is licensed per Room, where "Room" means a meeting space in a single physical location containing one computer and at least one, but not more than 16, Display Devices (defined below) where all such Display Devices are connected to the same single computer.

b. Unless you have written permission from SMART, you can only connect your computer running Meeting Pro to the following "Display Devices":

a. the SMART Board(tm) interactive whiteboard (600 and 800 series);

b. the SMART integrated flat panels;

c. the SMART Podium(tm) interactive pen display (ID422w, DT770, ID350, ID370, SP518, and SP524 series);

d. the SMART Board interactive display overlay (400 series); and/or

e. such other SMART product introduced by SMART from time-to-time and identified by SMART as Display Devices for this Software.

c. For each software license acquired, you may use such software on a single computer owned and controlled by you. Provided that you do not exceed the number of licenses acquired, you may deactivate and reactivate the software four (4) times on different computers (all owned and controlled by you) to address equipment replacement or changes in staffing.

d. You acknowledge that in order to enable the collaboration capabilities of the software functionality you will be required to separately purchase either: i) a server and/or user licenses of Bridgit^® conferencing software, or ii) other third party server products, all of which will be subject to the applicable SMART or third party (respectively) end user license agreements. You also acknowledge that the following are required for the proper use of Meeting Pro with Lync, and that it is your responsibility to obtain proper licenses for the following for Microsoft Lync client software and access to Microsoft Lync server software.

e. Maintenance programs (see immediately below) are offered by SMART in certain jurisdictions. In those jurisdictions where Maintenance programs are offered, you must purchase one year of Maintenance at the time the software license is acquired.

Maintenance.

"Maintenance" for Meeting Pro means access to commercially released updates and upgrades (meaning new versions and point releases of the software which contain enhancements improving the functionality or capabilities of the software) for the specific license of software associated with or offered together with the Maintenance program, in all cases limited to that which SMART makes generally available to its subscribed Maintenance customers. Under the Maintenance program you will receive commercially released updates and upgrades: new versions of the software that include components, performance, features and feature sets that are new to the software and a change from your previously purchased version (e.g. from version 2.2 to version 3.0); and you will receive future activation support to activate the updated or upgraded software from your previously purchased version.

Maintenance specifically excludes services in connection with computer viruses or conflicts involving software that is not installed or introduced by SMART. Maintenance further excludes add-ons, plug-ins, customizations, new applications, modules or other software that is not generally and regularly made available to users of the software for no additional fee, but rather is separately made available by SMART.

The Maintenance period is calculated commencing one (1) year from the date of purchase of the software license offering associated with the Maintenance program, and continues for the duration of the term based on the length of the Maintenance program purchased by you (the "Maintenance period"). You may elect to purchase a longer Maintenance program, as may be made available by SMART, for each license of the software. Ongoing Maintenance beyond the initial or subsequent Maintenance period(s) may be separately purchased and shall be subject to the terms of any applicable additional Maintenance program agreement provided by SMART at such time (if any). In the event an extension to the Maintenance period is not obtained prior to the expiry of the Maintenance period then in effect, you must bring Maintenance fees in arrears up to date to qualify for ongoing Maintenance or may purchase an upgrade for the applicable software license (with the associated required Maintenance fee, if applicable).

SMART reserves the right to terminate or modify available Maintenance programs at any time in its sole discretion; provided, that any such modifications will not affect any Maintenance programs already ordered and accepted by SMART prior to such modifications during the applicable Maintenance period, except as mutually agreed by both parties.

Business Gallery.

Your use of the SMART supplied images, pictures, SMART Meeting Pro pages, backgrounds or themes (each referred to as an "Item") forming all or part of the Business Gallery (which may available in your software) are subject to the following conditions:

· You may access, copy, distribute, publish, print, and otherwise use modified or unmodified Items for internal circulation or for reasonable external circulation, provided in all cases its use is for your business purposes and subject to the conditions and exclusions set out in this section.

· You shall not remove, modify or obscure any trade-mark, copyright or other proprietary notices contained in (including in the metadata) or appearing on such Items.

· You may modify Items and save each modified Item as a new Item, provided that each such derivative work is subject to the terms of this license as an Item, including that you retain and reproduce source information and/or attribution to the original creator referred to in the Item (for example, including in the metadata). This provision applies to derivative works of derivative work Items.

· Items may be incorporated into a fcw file format, the .fcw file may be exported into another file format, however, you are permitted to use an Item only in a file format that the software supports (such as Adobe PDF^®, and SMART Meeting Pro software). Beyond these file formats, you may not use the Item on third party software. This restriction may not be circumvented by altering the .galleryitem file format, or otherwise altering the Items.

· You may not use the Items as part of its branding or attempt to incorporate any Item, or substantial portion of it, in its trade-mark or commercial packaging, advertising or marketing.

· You are not permitted to use the Items in whole or in part for resale, whether the original SMART Gallery Item or a derivative thereof, other than as incorporated into a document, presentation, or other similar formyou're your business purposes.

· You are not permitted to upload, distribute, sell or otherwise transfer or make available the Items in mass or bulk amounts, regardless of whether for commercial or non-commercial purposes; and shall not be (whether in original or modified form) offered, distributed, transmitted, or displayed in bulk or in mass, on or in a site, product, offering or service, including those competitive to SMART's offerings or otherwise.

· Third parties may further copy and distribute Items received from you provided such Items are in a file format supported by Meeting Pro and further provided that any use (including copying and distribution) is only in relation to the intended business purpose of your business, and further provided such third party maintain any copyright or other proprietary notices (including in the digital metadata.

Back to Introduction

SMART Meeting Pro^® Personal Edition (MPPE)

Please ensure you read the Introduction as it contains important information regarding this binding legal agreement between you and SMART. The following Specific Terms for SMART Meeting Pro Personal Edition (MPPE) supplement, and shall prevail if in conflict with, the general Terms (found in the Introduction and at the bottom of this page). For clarity, the Terms apply to all our products (including this one) but these particular Specific Terms only apply to this product.

Subject to payment of applicable license fees, if any, SMART grants and you accept a non-exclusive, non-transferable (subject to subsection (a) below), perpetual, non-sub-licensable license to use MPPE subject to the following limitations:

a. Minimum Number of Licenses. You must purchase a minimum of 10 MPPE licenses

b. License. For each software license acquired, you may use such software on a single computer owned and controlled by you (i.e. one license per user is required). Provided that you do not exceed the number of licenses acquired, you may deactivate and reactivate the software on different computers (all owned and controlled by you) to address equipment replacement or changes in staffing.

c. Additional Software Required. You acknowledge that in order to enable the collaboration capabilities of the MPPE software functionality you will be required to separately purchase either: i) a server and/or user licenses of Bridgit^® conferencing software, or ii) other third party server products, all of which will be subject to the applicable SMART or third party (respectively) end user license agreements.

d. Maintenance. Maintenance programs (see immediately below) are offered by SMART in certain jurisdictions. In those jurisdictions where Maintenance programs are offered, you must purchase one year of Maintenance at the time the software license is acquired.

Maintenance.

"Maintenance" for MPPE means access to commercially released updates and upgrades (meaning new versions and point releases of the software which contain enhancements improving the functionality or capabilities of the software) for the specific license of software associated with or offered together with the Maintenance program, in all cases limited to that which SMART makes generally available to its subscribed Maintenance customers. Under the Maintenance program you will receive commercially released updates and upgrades: new versions of the software that include components, performance, features and feature sets that are new to the software and a change from your previously purchased version (e.g. from version 2.2 to version 3.0); and you will receive future activation support to activate the updated or upgraded software from your previously purchased version.

Business Gallery.

· You shall not remove, modify or obscure any trade-mark, copyright or other proprietary notices contained in (including in the metadata) or appearing on such Items.

· You may not use the Items as part of its branding or attempt to incorporate any Item, or substantial portion of it, in its trade-mark or commercial packaging, advertising or marketing.

· Third parties may further copy and distribute Items received from you provided such Items are in a file format supported by MPPE and further provided that any use (including copying and distribution) is only in relation to the intended business purpose of your business, and further provided such third party maintain any copyright or other proprietary notices (including in the digital metadata.

Back to Introduction

SMART Notebook^®

Please ensure you read the Introduction as it contains important information regarding this binding legal agreement between you and SMART. The following Specific Terms for the SMART Notebook supplement, and shall prevail if in conflict with, the general Terms (found in the Introduction and at the bottom of this page). For clarity, the Terms apply to all our products (including this one) but these particular Specific Terms only apply to this product.

The following definitions are applicable to these Specific Terms:

"Classroom" means the combination of a set number of instructor devices (such number of instructor devices as designated upon purchase of the software product license or associated licensed product) together with a reasonable number of student devices (as determined to be the likely number of students participating in such classroom based on the instructor to student ratio as established by SMART from time to time for the applicable software product), unless agreed to otherwise by SMART and your organization.

"Licensed Product" means each applicable SMART product that includes in its price, or ships with, the applicable software application, however, in the case of SMART Notebook software, the following Licensed Products grant the following associated license:

a. SMART Board^® interactive whiteboard grants a SMART Notebook Software license;

b. SMART Podium^™ interactive pen display grants a SMART Notebook Software license;

c. SMART Response^™ interactive response system grants a SMART Notebook Software license (for each Response hardware class pack acquired);

d. SMART Document Camera^™ document camera grants the associated number of SMART Notebook Software licenses;

e. SMART Slate^™ wireless slate grants a SMART Notebook Software license;

f. SMART Table^® interactive learning center grants two (2) SMART Notebook Software Licenses; and

g. SMART LightRaise^™ interactive projector grants a SMART Notebook Software license.

"Maintenance" for Notebook means access to commercially released updates and upgrades (meaning new versions and point releases of the software which contain enhancements improving the functionality or capabilities of the software) for the specific license of software associated with or offered together with the Maintenance program, in all cases limited to that which SMART makes generally available to its subscribed Maintenance customers. Under the Maintenance program you will receive commercially released updates and upgrades: new versions of the software that include components, performance, features and feature sets that are new to the software and a change from your previously purchased version (e.g. from version 2.2 to version 3.0); and you will receive future activation support to activate the updated or upgraded software from your previously purchased version.

"Site" means the locations for which the license is intended and in which the rooms will be counted for the purpose of site licensing, and for clarity, may include a school, multiple schools under one school district, or multiple schools within more than one district, provided all are listed in the licensee organization's purchase order or other sales order request for the license, and which may also include remote use by teachers of that Site (allowing them to work from home or other remote location for class preparation purposes).

In the event that you wish to use SMART Notebook, SMART Response, or SMART Notebook Student Edition Software with any third party (i.e. non-SMART) interactive display device, you must obtain a SMART Notebook software license

You acknowledge that your product usage information may be tracked by SMART for research and usability assessment purposes. This feature may be opted into or out of by the individual, or by your organization (through the organization's administrator). This usage tracking does not collect personal information (as defined in the Personal Information Protection and Electronic Documents Act (Canada)). It is the responsibility of your organization to ensure that the default selection is consistent with its internal policies.

Any rights not granted by this license are reserved. For each SMART Notebook software licensed and fully paid for by you, SMART grants and you accept a non-exclusive, non-transferable, non-sub-licensable license to use the software subject to the following terms, conditions and limitations:

Notebook Classroom License:

a. 4 activations per Classroom.

b. May be used in school or at home by teacher or student on any device, on any hardware (SMART or other) related to the classroom (i.e., teacher laptop).

c. One year of Maintenance is included as part of the software package license fee. With the exception of purchases through certain resellers, this one year period is calculated commencing on the date of purchase of the Software. For certain resellers, the term of Maintenance is calculated differently and it is the responsibility of the reseller to advise licensee organization of such different calculation, and ongoing Maintenance beyond the initial one year term may be separately purchased and shall be subject to the terms of any applicable Maintenance agreement provided by SMART. In the event an extension to the Maintenance term is not obtained prior to the expiry of the Maintenance term then in effect, End user must bring Maintenance fees in arrears up to date to qualify for ongoing Maintenance or may purchase an upgrade for the applicable license (with the associated Maintenance fee, if applicable).

Notebook Site License:

a. Unlimited activations within the Site.

b. In order to qualify for this license, licensee organization must obtain the license based on the total number of Classrooms within the Site.

c. May be used in school or at home.

d. May be used on student devices.

e. May be used on any hardware, SMART or other.

f. One year of Maintenance for all installations of the software within the Site is included with the purchase of this license. In the event the number of rooms within the Site increases (as calculated on the anniversary of obtaining the SMART Notebook Site license, licensee organization must purchase the additional licenses (based on the differential in licensing fees) for such number of rooms in order to use the software in such additional rooms and to continue to qualify for the SMART Notebook Advantage Maintenance Site License.

Notebook Subscription License

a. 30 activations per teacher (i.e. 1 teacher and any students of that teacher may activate the software but no more than a combined total of 30 times)

b. May be used in school or at home.

c. May be used on student devices.

d. May be used on any hardware, SMART or other.

e. The software is available for use during the subscription period but after that period expires the right to use the software ends and the software will deactivate without further notice to you.

f. The software may be updated to any new versions released during the term of the subscription and downgraded to any older versions supported by SMART.

g. This license has no effect on other Notebook licenses you may hold. (i.e. a holder of a Notebook Classroom license retains that license before, during and after the use of any other Notebook Subscription license).

SMART Notebook Student Edition Software:

a. Based on the specified number of licenses obtained, you may use the Student Edition software:

i. on one computing device per license provided it is not the primary device attached or connected (including wirelessly) to a SMART interactive display device without the associated SMART Notebook software license for such software use; and

ii. in the event Student Edition software is installed on a SMART USB, you may use the software on any computing device, provided always that the computing device is not attached or connected (including wirelessly) to a SMART interactive display device actively using the Student Edition software without the associated license for such software use.

SMART Notebook Math Tools Software:

Based on the specified number of computing devices licensed, each license allows you to use the Math Tools software on a single computing device. You must accept the terms of this license for each install of Math Tools on any separate computing device. In order for Math Tools to function properly, you must have a compatible version of SMART Notebook software for use on such computing device, which use shall be subject to these license Terms.

For SMART Sync Classroom Management Software:

a. Based on the number of instructor devices and the associated student devices licensed for the applicable Classroom, you may use:

i. the teacher install version of the Sync Classroom Management software on such number of computing devices intended for instructors consistent with the number of instructor devices licensed; and

ii. the student install version of the Sync Classroom Management software on such number of computing devices intended for students consistent with the number of student devices licensed for that Classroom.

SMART Sync Software - SMART Classroom Suite Installation:

a. Based on the number of instructor devices and the associated student devices licensed for the applicable Classroom, you may use:

i. the teacher install version of the software on such number of computing devices intended for instructors consistent with the number of instructor devices licensed; and

ii. the student install version of the software on such number of computing devices intended for students consistent with the number of student devices licensed for that Classroom.

SMART Document Camera Mixed Reality Tools:

For each the SMART Document Camera Mixed Reality Tools, one SMART Notebook software license is provided for use on such computing device.

For each SMART Document Camera obtained by the licensee organization, you may install and use the software on such computing devices as are required while the software is in use on the associated licensed product. In order for the SMART Document Camera Mixed Reality Tools to function properly, you must have a valid license of a compatible version of SMART Notebook software for use on each such computing device, which use shall be subject to these license Terms.

For SMART Notebook 3D Tools Software:

For this SMART Notebook 3D Tools software that is licensed independent of SMART Document Camera Mixed Reality Tools, based on the specified number of computing devices licensed, each license allows you to use the 3D Tools software on a single computing device. In order for the software to function properly, you must have a compatible version of SMART Notebook software (version 10.8 or higher) for use on such computing device.

For SMART Classroom Suite Interactive Learning Software:

a. Based on the number of instructor devices licensed and the associated student devices allocated per Classroom, the following licenses are granted:

i. SMART Notebook Software - SMART Classroom Suite Installation: end users are granted one (1) SMART Notebook Software license per instructor device licensed.

ii. SMART Notebook Student Edition Software – SMART Classroom Suite Installation: Based on the number of associated student devices per Classroom, end users may use the software on such number of student devices.

iii. SMART Response CE Interactive Response Software - SMART Classroom Suite Installation: Based on the number of instructor devices licensed, end users may use the software (in CE mode) on such number of instructor devices.

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SMART Notebook^® Express online and SMART Notebook^® for Web

Please ensure you read the Introduction as it contains important information regarding this binding legal agreement between you and SMART. The following Specific Terms for the SMART Notebook Express online application ("Express") and the SMART Notebook for Web online application ("NB Web") supplement, and shall prevail if in conflict with, the general Terms (found in the Introduction and at the bottom of this page). For clarity, the Terms apply to all our products (including this one) but these particular Specific Terms only apply to this product.

SMART grants you a limited, revocable, non-transferable, royalty free license to use Express and NB Web accessible through the Internet, provided that:

· You do not and do not attempt to reverse engineer, reverse compile, translate, decompile, disassemble, modify, create derivative works or otherwise attempt to derive source code from (or the underlying ideas, algorithms, structure or organization of) the Express or NB Web application or any component thereof, for any purpose, including for the purpose of discovering any aspect of the technology inherent therein;

· You do not and do not attempt to modify, enhance, adapt, vary the Express or NB Web application, or create derivative works based on the Express or NB Web application, or merge or separate the Express or NB Web application or any component thereof without SMART's prior written consent;

· You do not and do not attempt to rent, lease, lend or sublicense, distribute or supply the Express or NB Web application or any component thereof to any other party; or

· You do not and do not attempt to download, save, store, or copy Express or NB Web application to your personal computer or other electronic device.

You agree to comply with all applicable laws regarding the use of the Express or NB Web application and any of its components. All rights not expressly granted are reserved by SMART.

All title and intellectual property rights in and to the content which may be accessed and used through the Express or NB Web application is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. Your download of any text, images or other content to a file created while using Express or NB Web application is subject to the Terms of the respective content download site or licenses that apply to such content. You acknowledge that neither Express software nor NB Web application is intended to have equivalent functionality as SMART Notebook software, but rather is a subset of the functionality offered by the SMART Notebook software.

To the extent that any support services are provided (for a fee or otherwise) relating to this product, such support services are provided in the Province of Alberta, Canada, and the transaction shall be deemed to have occurred in Alberta, Canada.

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SMART Response^®

Please ensure you read the Introduction as it contains important information regarding this binding legal agreement between you and SMART. The following Specific Terms for SMART Response supplement, and shall prevail if in conflict with, the general Terms (found in the Introduction and at the bottom of this page). For clarity, the Terms apply to all our products (including this one) but these particular Specific Terms only apply to this product.

Provided you own a SMART Response Interactive Response System (including the related hand-held devices), you may use the SMART Response software (which includes the PE, LE and XE modes of the software, as well as mixed mode allowing combinations of these modes) on computing devices. For each SMART Response hardware class pack (comprised of 24/32 clickers), you may use this software on one computing device connected (including wirelessly) to SMART interactive display device(s). Additional computing devices may be licensed to use the software with SMART interactive display devices only through obtaining additional valid SMART Notebook software licenses.

Any assessment or other data or information collected through or compiled by the software (collectively, the "Assessment Data") is your responsibility. Assessment Data should be stored on the instructor device, your network or some other digital storage device owned by you. Assessment Data handling policies and practices (including security and back-ups) are your sole responsibility. To the maximum extent permitted by applicable law, SMART disclaims any responsibility or liability relating to access, storage, handling, privacy, security, integrity, misuse or back-up of such Assessment Data.

SMART Response CE Interactive Response Software: Based on the number of instructor devices licensed and the associated student devices allocated for that classroom, the end users may use the SMART Response software CE mode on a number of student devices permitted based on the classroom allocation. End users may also use SMART Notebook Student Edition on such number of student devices licensed.

To use the CE software on any instructor device connected to a SMART interactive display device, you must have or obtain a valid SMART Notebook Software license for use on the computing device connected (including wirelessly) to such interactive display device.

SMART Response VE Interactive Response Software – Subscription Based License:

For the duration of the valid subscription period:

i. Based on the number of instructor devices licensed, you may use the SMART Response software VE mode on the applicable number of instructor devices, provided that in order to use of the software on any SMART interactive display device, you must have or obtain a valid SMART Notebook Software License on such instructor device.

ii. End users can access the SMART Response VE Interactive Response System web application on a reasonable number of computing devices as are associated with the instructor devices by way of an assessment ID provided by the instructor device and a student ID provided from your organization.

iii. End users accessing the SMART Response VE Interactive Response System web application must have internet connectivity and a web browser to access the application. Upon expiry of the subscription period, you shall cease to have access to the SMART Response VE Interactive Response System web application.

iv. For the duration of the valid subscription period, you shall be entitled to access and use the most current version of the web application. For the duration of the valid subscription period, the instructor devices licenses for SMART Response VE software shall be entitled to Maintenance for the software.

SMART Response VE Local Interactive Response Software:

Based on the number of instructor devices licensed, you may use the SMART Response software VE mode on the applicable number of instructor devices, provided that in order to use of the software on any SMART interactive display device, you must have or obtain a valid SMART Notebook Software license on such instructor device.

End users can access the SMART Response VE Interactive Response System web application on a reasonable number of computing devices as are associated with the instructor devices by way of an assessment ID provided by the instructor device and a student ID provided from the your organization.

Use of SMART Response VE Local mode of the Software may be subject to additional terms of use displayed in the login page of the SMART Response VE Local webpage. End users accessing the SMART Response VE Local mode Interactive Response System web application must have intranet connectivity and a web browser to access the application.

Your organization shall be responsible for hosting the server, and related uptime, maintenance and accessibility for the SMART Response VE Local mode server, domain name, and related site.

Maintenance.

"Maintenance" means access to commercially released updates and upgrades (meaning new versions and point releases of the software which contain enhancements improving the functionality or capabilities of the software) for the specific license of software associated with or offered together with the Maintenance program, in all cases limited to that which SMART makes generally available to its subscribed Maintenance customers. Maintenance specifically excludes services in connection with computer viruses or conflicts involving software that is not installed or introduced by SMART. Maintenance further excludes add-ons, plug-ins, customizations, new applications, modules or other software that is not generally and regularly made available to users of the software for no additional fee, but rather is separately made available by SMART.

One year of Maintenance is included as part of the Software license fee. The year is calculated commencing on the date of purchase of the Software. Ongoing Maintenance beyond the initial one year term may be separately purchased and shall be subject to the terms of any applicable Maintenance agreement provided by SMART. In the event an extension to the Maintenance term is not obtained prior to the expiry of the Maintenance term then in effect, end user must bring Maintenance fees in arrears up to date to qualify for ongoing Maintenance or may purchase an upgrade for the applicable license (with the associated Maintenance fee, if applicable).

Back to Introduction

GENERAL TERMS

Please ensure you read the Introduction as it contains important information regarding this binding legal agreement between you and SMART.

Our products are licensed, not sold. Unless applicable law gives you more rights you may only use our products as expressly permitted in these Terms and any accompanying EULA. You must comply with and not attempt to circumvent any law (particularly copyright law) or technical limitation that allows you to activate or use our products in only certain ways.

The Terms do not limit any rights that SMART may have under trade secret, copyright, patent or other laws. SMART reserves the right at all times to disclose any information as SMART deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

Headings are included for convenience only, and shall not be considered in interpreting these Terms.

Apps

For apps available on Apple's iTunes store, You acknowledge that You have reviewed and accepted Apple's Terms and Conditions published at:http://www.apple.com/legal/itunes/us/terms.html#APPS; Apple's Privacy Policy: http://www.apple.com/privacy; and Apple's Licensed Application End User License Agreement ("LAEULA"): http://www.apple.com/legal/macapps/stdeula/. For the purposes of the LAEULA these Terms are a "valid end user license agreement between You and the Licensor of that App Store Product."

For apps available on the Google Play store, You acknowledge that You have reviewed and accepted Google's Terms of Service published at: https://play.google.com/intl/en-US_us/about/play-terms.html.

For apps available on BlackBerry World, You acknowledge that You have reviewed and accepted BlackBerry's Terms and Conditions published at:http://ca.blackberry.com/legal.html.

For apps available on the Windows Phone App Marketplace, You acknowledge that You have reviewed and accepted Microsoft's Terms of Service published at:http://www.windowsphone.com/en-gb/store/terms-of-service.

You agree SMART may use and store the information You provide to SMART by using our app, which includes but is not limited to: Your name, address, phone number, email address, industry, serial numbers, operating system, and optional photographs or videos. This information may be used to create, cross-reference, supplement or replace information SMART has regarding You or Your products. You agree SMART may collect and use technical data and related information, including but not limited to: technical information about Your Device and system that is gathered to facilitate the provision of app updates, app support, push notifications and other services to You (if any).
SMART may, at any time, modify or discontinue (temporarily or permanently) distributing or updating our apps and SMART shall not be liable to You or any third party for any such modification, suspension or discontinuance. SMART is not obligated to provide any support services for our apps.

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Class Action Waiver

To the extent permitted by law, any and all proceedings to resolve or litigate a dispute must be conducted solely on an individual basis. Neither you nor SMART shall seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts, or proposes to act, in a representative capacity.

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We use cookies to enhance your experience. Portions of our respective products will not work or will create a sub-optimal user experience without cookies turned on. To find out more about the cookies we use please visit: http://www.smarttech.com/Legal/Privacy+Policy#cookie

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Creating an Account

Certain products require the user to complete a registration process to create an account. Such services may include (but are not limited to) participating on online community portions of our products, and setting personal preferences for use in the products. Depending on the product, as part of the registration process, you may be required to provide certain information, including your first and last name and a username. Although some features currently allow posting with only a username, SMART reserves the right in the future to require such posts within the product be associated with the user first and last name. Membership in certain communities may also require email, last name, and other information to create an account. Only some of this information is made available to other community members, which will be apparent on the member profile page, and the rest of the information users may elect to show to other members of the community. Any personally identifiable information you provide in the account creation or maintenance process will be managed by SMART in accordance with its Privacy Policy.

You agree that the information that you supply during the registration process will be true, current, accurate and complete, and you agree not to (i) register under the name of another person; (ii) choose a username that may be deemed offensive; (iii) choose a username for the purposes of deceiving or misleading other users as to your true identity; (iv) choose a username that incorporates a solicitation (e.g. yourproduct, yourservices, yourwebsite); or (v) violate the intellectual property or other rights of any person or entity. You agree to not impersonate any other person, including any other user, moderator or SMART. You agree to maintain and promptly update your registration data as necessary to keep it true, current, accurate and complete.

If, after investigation, SMART has reasonable grounds to suspect that any registered user's information is untrue, inaccurate, not current or incomplete, SMART may suspend or terminate that registered user's account and prohibit any and all current or future use of the product (or any portion of it) by that user.

SMART is concerned about the privacy and safety of all its users, and in particular, of children. For this reason, if you are a minor, you may not create an account for any of the services offered on the product without the consent of your parent or guardian. Some portions of the product may allow minors to participate in forums limited to a specific user group and subject to the registration process, parental or guardian consent, identity verification and other additional terms of that forum. If you are a minor, please do not send any personal information about you to us, other than what we request from you when you sign up for these limited portions of the product or the services. In the event that we learn that we have collected personal information from a minor without parental or guardian consent being obtained (including by his or her school, district, and/or teacher), or if we learn a minor has provided us personal information beyond what we request when he or she signs up for the applicable product, we will delete that information. If you believe that a minor may have provided us personal information beyond what is requested when signing up, or the required parental or guardian consent has not been obtained, please contact us immediately at privacy@smarttech.com.

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Disclaimer of Warranties and Limitation of Liability

Third-party content is the sole responsibility of the person originating that content. You agree that we do not control, and are not responsible in any way for third-party content, including, without limitation, a failure on the part of the participant to obtain the requisite consents in order to share any personally identifiable information.

SMART warrants to you that the software, when properly installed and used, shall operate in substantial accordance with our published specifications for a period of ninety (90) days from the date of purchase. Subject to entitlements under a maintenance program (if any), you assume the entire cost of all necessary upgrades, servicing, repairs or correction of the software. SMART's sole obligation under this limited warranty shall be, at SMART's option and expense, to either: a) refund the purchase price paid by you for the defective software; or b) to replace the defective software with software that substantially conforms to applicable SMART published specifications. Any replacement software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

OTHER THAN THE LIMITED WARRANTY AS STATED ABOVE, THE PRODUCT IS PROVIDED "AS-IS" AND ITS USE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMART AND ITS SUPPLIERS, LICENSORS, DISTRIBUTORS AND RESELLERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NONINFRINGEMENT WITH REGARD TO SMART PRODUCTS AND ANY COMPONENT THEREOF, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. SMART DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCT IS OR WILL BE INTERRUPTION FREE, DEFECT FREE OR WILL MEET YOUR NEEDS.

To the maximum extent permitted by applicable law, in no event shall SMART or its suppliers, licensors, resellers or distributors be liable for any special, incidental, indirect, exemplary, consequential or punitive damages whatsoever (including, without limitation, damages for any injury to any person or property, damages for loss of profits, business interruption, loss of business information, loss of privacy, damages for procurement of substitute goods or services, damages for loss of use, loss of data, damages for failure to meet any duty including the duties of good faith or of reasonable care, for negligence or any other pecuniary loss) arising out of the use of or inability to use the software or any component thereof or the provision of or failure to provide support services, whether based on contract, tort, negligence, strict liability or otherwise, even if SMART or its suppliers, licensors, resellers or distributors have been advised of the possibility of such damages. IN ANY CASE, SMART'S ENTIRE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED TEN CANADIAN DOLLARS ($10.00).

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Downloaded Software - Trial and Other

SMART may make certain products (including trial and beta versions of software) applications, widgets or add-ons available to you for download. You agree that if you are given a product activation or installation key for any SMART downloaded software, you will retain that key for your personal use and not make it available to others or post or display the key information for use by others.

Unless otherwise agreed to by SMART, SMART shall not be required to technically support the downloaded software. Unless you purchase a maintenance program (where available), your access to the downloaded software does not entitle you to access to any updates, upgrades or bug fixes that may subsequently become available.

All title and intellectual property rights in and to the content which may be incorporated through use of downloaded software or SMART products is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. Unless otherwise agreed to by SMART, this license grants you no rights to use such content.

ALL DOWNLOADED SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTY.

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Export Restrictions

You agree that you shall comply with all domestic and international export laws and regulations that apply to the product. In particular, you agree that you shall not export or re-export the software (including components) or any process or service that is the direct product of the software to any country, person or entity subject to Canadian, American or your own country's export restrictions.

Our software is a "Commercial Item", as that term is defined at 48 CFR 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 CFR 12.212 or 48 CFR 227.7202, as applicable. Consistent with 48 CFR 12.212 or 48 CFR 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to US 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 of this agreement.

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Feedback

We do appreciate your suggestions but please be aware that any comments, feedback or ideas you share with us while not under a non-disclosure agreement shall be treated as non-confidential and you will, and do hereby, assign us all right, title and interest to them. This means we are free to use them for any purpose, without compensation, acknowledgment or other obligation of any kind to you.

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Governing Law

This agreement is governed by and construed in accordance with the laws of Alberta, Canada. You irrevocably agree that any dispute, including litigation, involving this agreement or SMART must be brought in the courts in the City of Calgary, Province of Alberta. You shall not assert any claim that you are not subject to the jurisdiction of such courts, that the venue is improper, that the forum is inconvenient or any similar objection, claim or argument. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Notwithstanding this, you agree that SMART shall still be entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

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Invalidity of Provisions

If any provision of the Terms is invalid or unenforceable under applicable law, that portion will be construed consistent with applicable law as nearly as possible, or failing that, deemed omitted, and the remaining provisions will continue in full force and effect. The failure by a party to exercise any right shall not operate as a waiver of such party's right to exercise such right or any other right in the future.

Any waiver or modification of these Terms by SMART must be in writing and signed by an authorized officer of SMART and they must expressly reference the applicable provisions of the Terms.

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Moderators

SMART has no obligation to monitor Submissions (defined in the User Provided Content section) or other materials. However, moderators (yours, ours or both) may monitor Submissions. Moderators are not obligated to pre-screen Submissions, monitor on a "real time" basis, or edit Submissions. As a user, you may see content that is offensive or objectionable and it is your responsibility to report it.

SMART reserves the right to manage the Submissions in order to facilitate the orderly distribution of information through the product. For that purpose, SMART may, at its election, designate SMART employees and/or outside entities to act as moderators for the product.

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Reporting a Concern, Dispute or Take-Down Request

If you believe someone is violating these Terms you may report such abuse to info@smarttech.com. Additionally, you may request SMART remove any Submission you have made and, upon confirmation that the Submission is yours, SMART will try to remove the Submission. If you believe another user is violating your copyright, you may send a take-down notice to SMART at privacy@smarttech.com including a) your contact details (name, telephone, email, address); b) identifying the Submission in question, and c) details on the basis of the infringement claim. SMART will make an assessment and if, in our sole opinion, such action is merited, we will remove the Submission in question. Other than this removal remedy, SMART shall have no further obligations or liability regarding copyright infringement disputes for submissions.

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Revoking Your License

If you do not comply with the terms of this agreement we may revoke your license and terminate this agreement. In such event, you must immediately stop using the product and, if applicable, destroy all your copies.

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Security

You are responsible for maintaining the confidentiality of your passwords, account information and access. You are also entirely responsible for any and all activities (and any misuses) that occur under or that originate from your account (including temporary accounts established with temporary identification numbers, such as with the use of Response VE software, for example), including activities committed by any friend, family, co-worker, employee, guest or anyone with access to your account. You agree to ensure that you exit from your account at the end of each session (if you use a shared computer) and to notify SMART immediately of any unauthorized use of your account or any other breach of security. Additionally, you could be held liable for losses incurred by SMART or another party due to someone else using your account or username. You may not use anyone else's account at any time, without the permission of the account holder.

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SMART Gallery

In addition to the Terms, you acknowledge that SMART supplied images, pictures, multimedia, SMART Notebook files or pages, backgrounds or themes forming all or part of the SMART Gallery are subject to the following additional conditions:

· You are permitted to use an image that is in a .galleryitem or a .gallerycollection file format only with SMART products (such as SMART Table software, SMART Table Toolkit software, SMART Notebook software and SMART Notebook express software or web application). Use for any other purpose is not permitted. You may not use the image on third party software, or include it in any product for sale or for a fee. You may not import directly into any third party software any .galleryitem or .gallerycollection image. This restriction may not be circumvented by merely converting .galleryitem or .gallerycollection images into a .notebook file format.

· Images may be incorporated into a .notebook file (meaning part of a lesson or more than just the .galleryitem or .gallerycollection image). The .notebook file may be exported into another file format and that other file format may be used on third party software, provided it is not included in a product for sale or for a fee.

· You may access, copy, distribute, publish, and otherwise use unmodified images subject to the condition that you maintain a reference to the original author and/or the SMART logo or trademark to the extent that same was contained on the image, and further subject to the rest of these conditions.

· You are not permitted to modify, adapt, reverse engineer, or otherwise alter images or the SMART Lesson Activity toolkit template (including flash) code.

· Images that are SMART Notebook files, backgrounds, pages, themes, interactive files, or multimedia may be modified, subject to the other terms of this agreement, including retaining and conspicuously reproducing source information and/or attribution to the original creator referred to in the image.

· You are not permitted to use the images in whole or in part for resale or any commercial purpose, whether or not incorporated into another product or offering, and whether the original SMART Gallery image or a derivative thereof.

· You are not permitted to download the images in mass or bulk amounts, regardless of whether the intent is to use such content for commercial purposes; and are not to be (whether in original form or modified) offered, distributed, transmitted, or displayed, on or in a site, product, offering or service, including those competitive to SMART's offerings or otherwise.

· Certain images (such as the 3D or Mixed Reality images) may not be fully or properly viewable without the use of the SMART Mixed Reality software, which may only be available under a separate license and associated license fee.

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SMART Provided Content

While reasonable efforts have been made to ensure the information on our website and in our products is as accurate and up-to-date as necessary for the purposes for which it is to be used, the information does not represent a commitment on the part of SMART. SMART MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO ITS USE. Information published may contain references to products, programs or services that are not announced or available in all countries. Such references do not imply that SMART intends to make such products, programs or services available in any specific country. The information available is provided as a convenience only.

Images (such as SMART product images, for example) and all other content contained in our products that is not specifically offered for download by the users (such as through the SMART Exchange^® website, for example) is the property of SMART or its licensees and you agree not to copy, publish, distribute, display or otherwise use such materials other than viewing them, without the express written permission of SMART.

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Third Party Offerings and Sites

Our products, primarily because of user Submissions, may contain or reference links to third party websites. Clicking on links contained in Submissions is done so at your own risk. The inclusion of any link or reference to a third party service, product or promotion is not and does not necessarily imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by SMART of any information contained in any third party site.

If you decide to use third party services, you are responsible for reviewing and understanding the terms and conditions governing any third party services (including their privacy policies). You agree that the third party, and not SMART, is responsible for the performance of the third party services, your privacy, the information contained in such third party site and for your use or inability to use such third party site.

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PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY. BY ACCESSING OR USING OUR SITES, OR OTHERWISE AGREEING TO OUR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR YOU ARE UNDER 18 YEARS OF AGE, YOU ARE NOT ELIGIBLE TO USE THE SERVICES. IF YOU ARE USING THE SERVICES ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, IN WHICH CASE "YOU" OR "YOUR" WILL REFER TO SUCH ENTITY.
Your use of services provided by UC Point (the "Services") and the delivery of these Services, as well as, the use of UC Point Websites (the "Sites") and the services made available on these Sites, are subject to these Terms. Certain features of the Services or Sites may be subject to additional guidelines, terms, or rules (collectively, "Additional Terms"), which will be posted in connection with such features. All Additional Terms are incorporated by reference into these Terms.
We may make changes to these Terms from time to time. When we do, we will revise the "last updated" date given above. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of our Services after such changes have been published to our Services will constitute your acceptance of such revised Terms.

Language

Any translation we may do is for convenience and in the event of a conflict between the English and non-English versions, the English version shall prevail and govern.

Beneficiaries

"Beneficiaries" shall include UC Point and SMART Technologies ULC., and our respective suppliers and licensors, affiliates, and the directors, officers and employees of the foregoing. The releases from and limitations of liability, exclusive remedies and indemnities in this agreement shall apply regardless of how caused and under any theory of liability, including without limitation negligence, strict liability, breach of contract or otherwise of the party whose liability is limited and shall extend to all members of Beneficiaries. Such provisions may be enforced by members of the Beneficiaries on their own behalf or by us on their behalf.

License to Use our Services

Subject to these Terms, we grant to you a non-sublicensable, non-transferable, non-exclusive, revocable, limited license to use our Services for: (i) your personal, if you are an individual, or (ii) your internal business purposes, if you are a company or other legal entity, and not for resale or further distribution. Your right to use our Services is limited by all terms and conditions set forth in these Terms.

Except for your pre-existing rights and this license granted to you, we and our licensors retain all right, title and interest in and to our Services, including all related intellectual property rights. Applicable intellectual property laws protect our Services, including United States copyright law and international treaties.
Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our Services; (ii) rent, lease or sublicense access to any of our Services; (iii) circumvent or disable any security or technological features or measures of our Services; or (iv) introduce software or automated agents or scripts to the Site so as to produce multiple accounts, generate automated searches, requests and queries, or strip, scrape, or mine data from the Site.

Access to our Services

We do not provide you with the equipment to access our Services. You are responsible for all fees charged by third parties related to your access and use of our Services (e.g., charges by Internet service providers).

We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of our Services without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of our Services.

We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any material that you post or submit for posting, and to restrict, suspend, or terminate your access to our Services at any time, for any or no reason, with or without prior notice, and without liability.

Restrictions

You must comply with all applicable laws when using our Services. Except as may be expressly permitted by applicable law, or as UC Point may authorize expressly in writing, you will not, and will not permit anyone else to: (i) store, copy, modify, distribute, or resell any of the information; audio, visual, and audio visual works, or other content made available on our Services (collectively, "Service Content") or compile or collect any Service Content as part of a database or other work; (ii) use any automated tool (e.g., robots, spiders) to access or use our Services or to store, copy, modify, distribute, or resell any Service Content; (iii) rent, lease, or sublicense your access to our Services to another person; (iv) use any Services or Service Content for any purpose except for your own personal use, or, if you are a legal entity, for your internal business purposes; (v) circumvent or disable any digital rights management, usage rules, or other security features of our Services; (vi) use our Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, our Services; or (vii) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of our Services or any Service Content.

Registration Process

If you decide to register for our Services, you must provide certain limited information about yourself as prompted to do so by the Service. We reserve the right to refuse the Service to any user.
When you register for the Services, you must create a user account ("Account"). You will promptly update all Account information to keep it true, accurate, and complete. We reserve the right to require you to alter your user name and/or password if we believe that your Account is no longer secure, but we have no obligation to do so. You will not: (a) provide any false information as part of your Account information; (b) create an Account for anyone other than yourself; (c) create or use more than one Account at any given time; (d) transfer your Account to anyone else; (e) permit others to use your Account; or (f) use or access other persons' Accounts.

By registering for the Service, UC Point will provide you with access to the Site. Either you or UC Point may terminate your Account at any time for any reason, and, if we terminate your Account, UC Point shall have no liability whatsoever for any such termination. In addition, any terms hereof that contemplate continuing effectiveness, including, without limitation, terms regarding ownership, disclaimer of warranties, limitations of liability, indemnity, and governing law/venue shall survive any termination of your Account and/or these Terms.

Privacy Policy

We may collect registration and other information about you through our Services. Our collection and use of this information is governed by our Privacy Policy, available athttps://smart.uc-point.com/privacypolicy/ucp_privacy_policy.html. Our Privacy Policy only applies to our collection of information about visitors to smart.uc-point.com and our registered users of our Service. Our Privacy Policy does not apply to visitors to your websites through which you use our Service.
As a condition of using the Service you agree that you will conspicuously post your own appropriate privacy policy or notice ("Privacy Notice") disclosing the collection and use of information from your website visitors by you and our Service. You will disclose in your Privacy Notice:

1. that you use a third party service that uses unique identifiers to tracks usage and activities of visitors to your site using cookies and browser data and to match and combine that data with information about the characteristics and activities of those visitors collected by cookies and data from third party aggregators,

2. that the collected information includes user ID, IP address, location data (to zip code), access times, pages viewed, browser information (e.g., type and language), referring website, and operating system,

3. how you use the information you receive from our Service,

4. that you share aggregate and de-identified data with third parties for their own purposes, and

5. a link to more information about how visitors may opt-out of UC Point's cookie collection.

You agree that in addition to the foregoing it is your responsibility to ensure that your privacy policy or notice and your use of the information relating to our Service will be in compliance with applicable laws and regulations which may impose additional requirements and restrictions on your use of our Service and the information you collect through our Service. You further agree that UC Point has the right to collect, store, use, share, and publish in aggregated or sanitized (de-identified) form information collected from you and your website through your use of the Service. You agree that you will not use our Service in connection with any website or online service directed towards children or that knowingly collects information from children.

License Grant from You

You hereby grant a royalty-free license to UC Point AG and Beneficiaries to use, copy, transmit and modify your customer data for the purposes of providing the service and the limited purpose of aggregating the data and using it in an anonymous fashion. Your data will not be sold and does not contain any personally identifiable information. Restricted Areas of the Services

Certain parts of our Services, including account management features, may be password-restricted to registered users or other authorized persons ("Password-Protected Areas"). If you are authorized to gain access to any Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to your password or our Services that is known to you.

Links and Third Party Content

Our Services may display, or contain links to, third party products, services, and Web sites. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed, authored, or made available by other users or other third parties on our Services, or which is accessible through or may be located using our Services (collectively, "Third Party Content") are those of the respective authors or producers and not of us or our shareholders, directors, officers, employees, agents, or representatives.

We do not control Third Party Content and cannot and do not guarantee the accuracy, integrity or quality of such Third Party Content. We are not responsible for the performance of, we do not endorse, and we are not responsible or liable for, any Third Party Content or any information or materials advertised in any Third Party Content. By using our Services, you may be exposed to content that is offensive, indecent, or objectionable. We are not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any third party service or Third Party Content. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through our Services.

Use Policies

You are solely responsible for any content and other material that you submit, publish, transmit, or display on, through, or with our Services.
You will not use our Services to: (i) upload, post, email, or otherwise transmit any Submission that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm us or third parties in any way; (iii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (iv) upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (v) upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright, or other right of any party; (vi) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation; (vii) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (ix) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (x) "stalk" or otherwise harass another; or (xi) collect or store personal data about other users.

Trademarks

"UC Point," the UC Point logo, and any other product or service name or slogan displayed on our Services are trademarks of UC Point and its Beneficiaries, suppliers, or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of UC Point, Beneficiaries, or the applicable trademark holder. You may not use any meta-tags or any other "hidden text" utilizing "UC Point" or any other name, trademark or product or service name of UC Point or Beneficiaries without our prior written permission. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of UC Point or Beneficiaries and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in our Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or Beneficiaries.

Feedback

We or Beneficiaries may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about our Services ("Feedback"). You agree that we or Beneficiaries may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancements and modifications to our Services. You hereby grant to us, Beneficiaries, and our assigns a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner any for any purpose, without in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party. We and Beneficiaries will treat any Feedback you provide to us as non-confidential and non-proprietary.

Disclaimer of Warranties

USE OF THE SERVICES AND THE SERVICE CONTENT IS AT YOUR SOLE RISK. THE SERVICES AND THE SERVICE CONTENT EACH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE AND BENEFICIARIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICES OR ANY SERVICE CONTENT, AND YOU RELY ON THE SERVICES AND SERVICE CONTENT AT YOUR OWN RISK. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WEWILL NOT BE LIABLE FOR THE FOLLOWING CATEGORIES OF LOSSES: A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, AND B)DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF OUR SERVICES AND SERVICE CONTENT IN ALL CASES WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF BENEFICIARIES OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES AND SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF: THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SERVICES AND SERVICE CONTENT, OR FIFTY U.S. DOLLARS ($50).

BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THESE LIMITATIONS OF LIABILITY SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Indemnity

You will indemnify and hold us, and BENEFICIARIES harmless from any costs, damages, expenses, and liability caused by your use of the Services and Service Content, your violation of these Terms, or your violation of any rights of a third party through use of the Services or Service Content.

Legal Notices

Enforcement of these Terms will be governed by the laws of the State of California, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or your use of the Services or Service Content will lie in the state and federal courts located in Santa Clara County, within the State of California, and you irrevocably agree to submit to the jurisdiction of such courts. Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.

Class Action Waiver

To the extent permitted by law, any and all proceedings to resolve or litigate a dispute must be conducted solely on an individual basis. Neither you nor Beneficiaries shall seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts, or proposes to act, in a representative capacity.

Copyright Policy

You may not post, distribute, or reproduce in any way any UC Point copyrighted material, trademarks, or other proprietary information unless you have the right to do so. It is UC Point's policy to, in its sole discretion, terminate the Account of any user who infringes copyright rights of UC Point, BENEFICIARIES or third parties. If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please follow the requirements for appropriate notifications under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. At a minimum, you must provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; an identification of the location on the Site of the material that you claim is infringing; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. UC Point's Copyright Agent for notice of claims of copyright infringement can be reached by writing the following: [insert email address for Copyright Agent] or at our address listed below, attention "Copyright Agent".

Electronic Communications

The communications between you and UC Point use electronic means, whether you use the Site or send us emails, or whether UC Point posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from UC Point in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that UC Point provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

Contact Us

If you have any questions or concerns about our Services or these Terms, you may contact us at: legal@uc-point.com

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User Provided Content (Submissions)

In these Terms, the expression "Submission" means content submitted by users, and includes, but is not limited to, any user contributed file (including a file created in SMART Notebook^® software format or SMART Table^® software format, .pdf format, PowerPoint^® and Microsoft^® Word), text, images, content, video, sound files, communications, opinions, links, software, data, and any other content any user provides. Users may contribute submissions in a variety of manners including, but not limited to content upload pages or other methods of file content sharing, message boards, chats (discussion forums) blogs, calendar of events, audio and/or podcasts, video blogs, personal web pages, wiki pages and/or other message or communication facilities designed by SMART to enable users to communicate or share materials with others.

You acknowledge that all submissions, whether publicly posted or privately transmitted, accessible through our products are the sole responsibility of the person from whom the Submission originated, and YOU ARE USING SUCH SUBMISSION AND ALL MATERIAL CONTAINED THEREIN AT YOUR OWN RISK. SMART does not control the submissions provided by users, and can therefore not guarantee the accuracy, quality, integrity or ownership of such Submission. You acknowledge that you may be exposed to Submission material that you find offensive or indecent, or for which the underlying rights have not been properly obtained. You acknowledge that SMART assumes no responsibility for content posted by third parties which is available through our products. You are solely responsible for your use of the submissions and any disputes you may have with other users, even though SMART may provide a method for users to advise of a dispute or complaint (please see the Reporting a Concern, Dispute or Take-Down Request section for additional information).

Users may include hypertext links in submissions to content hosted and maintained by third parties so long as the content on such websites, if posted in our products, would not violate our Terms. SMART exercises no control whatsoever over such other websites and web-based resources. SMART does not endorse or guarantee the accuracy of any Submission or other content in our products. You agree that SMART is not responsible for the accuracy or availability of any third party content, advertising, promotions, products or other materials accessible through our products and will not be liable for any damages incurred as a result of the submission or use of any such content.

SMART reserves the right, but is under no obligation, to review any submissions and to remove or refuse to remove or post any submissions or links within submissions in its sole discretion.

While SMART strives to maintain your privacy (see our Privacy Policy), you should always use caution when giving out any personally identifiable information about yourself (particularly your students) or your children in any Submissions. Any Submissions that you make can potentially be obtained and used by others. SMART does not control or endorse the content, messages or information found in any Submissions in our products. SMART specifically disclaims any responsibility or liability with regard to the Submissions and any actions resulting from your participation in any Submissions.

SMART reserves the right in its sole discretion, but without obligation, to remove any Submissions containing phone numbers, street addresses or otherwise personally identifying information as it cannot verify such information or confirm the desire of said information to be posted by the individual to which this information pertains. SMART may, subject to a removal request from the affected individual, leave information of an identifiable individual posted if SMART believes such information to be business contact information intended for public access in such manner.

You retain all ownership rights in your Submissions. However, by submitting any Submissions (in any form whatsoever), you are granting SMART, its respective subsidiaries, affiliates, suppliers, successors, assigns, licensees, sub-licensees, resellers and distributors an irrevocable royalty free, perpetual, worldwide, non-exclusive, sub-licensable, transferable, license to use, reproduce, copy, merge, distribute, transmit, broadcast, post, publicly display, publicly perform, translate and reformat your submissions (in whole or in part) in any manner now known or in the future discovered and/or to incorporate it in other works in any form, media, or technology now known or later developed.

While in certain portions of some products, you are able to remove Submissions made by you or restrict access to them, you acknowledge that this license cannot be terminated or the waiver revoked by you once the Submission is made. For example, if other users have downloaded your Submission for creation of a lesson, they continue to have the right to use such Submission that was downloaded in accordance with these Terms even after you remove your Submission.

You shall not contribute or edit any Submission, unless:

· you have the legal right to submit your Submissions, which includes, without limitation, that you are the author or licensee of any copyrighted content that you provide, and that you are legally permitted to contribute it in accordance with a license or arrangements with your employer or third parties for use consistent with the manner the Submissions will be used as permitted under these Terms;

· where the Submissions are photographs, images, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that each person depicted in such Images, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Images as set forth in these Terms, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images; and

· you believe that it is correct, non-offensive and legal and does not infringe any third party rights (including, without limitation, under anti-defamation laws).

You are expected to respect and interact with other users in the public forums as you would in any public arena and refrain from using offensive, harassing or otherwise inappropriate language in any Submission. You acknowledge that you are responsible for your interaction with other users.

Use of our products for any activity that violates local, provincial, national, international law, order or regulation, is a violation of these Terms.

You hereby authorize SMART to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and/or (ii) system administrators at Internet service providers or other network or computing facilities in order to enforce these Terms.

YOU ACKNOWLEDGE THAT A PARTY AGGRIEVED BY YOUR UPLOADING OF ANY CONTENT WHICH IS, INTER ALIA, A BREACH OF COPYRIGHT OR DEFAMATORY MAY TAKE LEGAL ACTION WHICH COULD RESULT IN YOUR PERSONAL INFORMATION BEING DISCLOSED AND YOU HAVING TO PAY COMPENSATION TO THE AGGRIEVED PARTY.

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Term and Termination

This thirty (30) day agreement starts when you begin using our product and automatically renews on month to month basis unless terminated by either party.

SMART may at any time may terminate this agreement in its sole discretion, including, without limitation, for breach by you of any of your representations, warranties or obligations under this agreement, or for inactivity by you with respect to use of the product.

You may at any time terminate this agreement by sending a termination request to SMART at info@smarttech.com. Your termination of this agreement shall not relieve you from any payment obligations that may have arisen prior to such termination. Upon termination you must immediately stop using our products. The following sections shall survive the termination of this agreement: Introduction, GENERAL TERMS, Class Action Waiver, Disclaimer of Warranties and Limitation of Liability, Export Restrictions, Feedback, Governing Law, Invalidity of Provisions, Dispute or Take-Down Request, Security, SMART Gallery, SMART Provided Content, Third Party Offerings and Sites, User Provided Content (Submissions) and Term and Termination.

HAVE A QUESTION FOR US? We would love to hear from you:

SMART Technologies ULC
Attention: Legal Department
3636 Research Road N.W.
CALGARY, AB CANADA T2L 1Y1
+1.403.245.0333

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