Terms of Use
Last updated: December 17, 2014
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
Meeting Pro® Personal Edition (MPPE)
·
SMART
Notebook® Express online and SMART Notebook® for
Web
The following general Terms apply to all our
products (including the ones that have Specific Terms):
·
Apps
·
Cookies
·
Disclaimer
of Warranties and Limitation of Liability
·
Downloaded
Software - Trial and Other
·
Feedback
·
Reporting
a Concern, Dispute or Take-Down Request
·
Security
·
Third
Party Offerings and Sites
·
UC
Point
·
User
Provided Content (Submissions)
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
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).
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.
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.
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.
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
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Terms of Service for UC Point ("UC Point,"
"we," or "us").
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
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.
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
© 2014, SMART Technologies ULC
194457_1