SMART Terms of Use for Apps

ACCEPTANCE

This is a legally binding agreement between You (where "You" and "Your" includes the organization, institution or corporation this application is being used on behalf of) and SMART Technologies (together with its subsidiaries, collectively "SMART"). These terms of use ("Terms") govern Your use of this SMART application ("App") that was designed for an Apple Inc. mobile device ("Device"). If You do not agree to these Terms do not use this App.

You acknowledge that You have also reviewed and accepted Apple's iTunes Store 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."

Beta versions of this App are also subject to the terms of use and privacy policy of TestFlight App Inc. These agreements are published at: https://testflightapp.com/tos/ and https://testflightapp.com/privacy/.

Please read these Terms carefully as Your use of this App means You have accepted these Terms and agree to be bound by them. If You do not agree to these Terms You must immediately stop using this App and remove it from Your Device. If You are a minor You must have Your parent's or guardian's permission to use this App and Your parent or guardian must agree to these Terms on Your behalf.

LIMITED LICENSE

You are granted a limited, non-transferable, non-exclusive, royalty free, revocable license to download, run and use this App on your Device. You acknowledge and agree that SMART is granting You a license to use this App and is not selling or making an assignment of this App to You.

This App is to be used by You. The sale, transfer, modification, reverse engineering or distribution of this App or the copying of included text or images is strictly prohibited.

CHANGES, MODIFICATIONS & TERMINATION

SMART reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on Your use of this App. Such modifications or additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of this App means You accept and agree to be bound by the modified terms.

SMART may, at any time, modify or discontinue (temporarily or permanently) distributing or updating this App. SMART is not obligated to provide any support services for this App. SMART shall not be liable to You or any third party for any such modification, suspension or discontinuance.

CONSENT TO COLLECTION AND USE OF DATA

You agree SMART may use and store the information You provide to SMART by using this 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. Consequently, the information You provide may be used for marketing or other purposes if You had previously consented or opted-in to these activities.

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).

ACCEPTABLE USE

You agree to obey the law and to respect the intellectual property rights of others. You agree not to submit, display, perform or otherwise distribute any proprietary, copyrighted, trade-secret, confidential or inappropriate information (including photographs, music or videos) that you do not have a valid license for. You are solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your Device. The burden of proving that any content does not violate any laws or third party rights rests solely with You.

In no event may this App be used in a manner that (a) harasses, abuses, threatens, defames or otherwise infringes or violates the rights of SMART or any other party; (b) is unlawful, fraudulent or deceptive; (c) transmits Your or a third party's proprietary information; (d) attempts to introduce viruses or any other malicious computer code; (e) attempts to gain unauthorized access to SMART's computer network or user accounts; (f) encourages conduct that would constitute a crime; or (g) violates this Agreement.

SMART reserves the right, in its sole discretion, to terminate this Agreement and/or demand that You remove this App from Your Device for any reason, including but not limited to, a complaint made to SMART that You have violated a third party's intellectual property rights.

DISCLAIMER OF WARRANTIES & LIABILITY LIMITATIONS

THIS APP MAY BE UNDER CONTINUOUS DEVELOPMENT BY SMART AND IT IS LIKELY THAT BUGS WILL BE PRESENT. AS SUCH, ANY USE OF THIS APP IS PROVIDED "AS-IS" AND AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMART AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT WITH REGARD TO THE SMART PRODUCT AND ANY COMPONENT THEREOF, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. SMART DOES NOT WARRANT THAT THE OPERATION OF THIS APP IS INTERRUPTION OR DEFECT FREE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

EXCEPT AS PROVIDED HEREIN, THERE ARE NO OTHER WARRANTIES, CONDITIONS OR PROMISES ABOUT THIS APP, EXPRESSED OR IMPLIED, AND ALL SUCH WARRANTIES, CONDITIONS AND PROMISES ARE EXCLUDED TO THE FULL EXTENT PERMITTED BY LAW. WITHOUT LIMITATION TO THE FOREGOING:

SMART DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THIS APP WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME SMART MAY REMOVE THIS APP FOR INDEFINITE PERIODS OF TIME, OR CANCEL THIS APP AT ANY TIME, WITHOUT NOTICE TO YOU;
SMART DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT THIS APP WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SMART DISCLAIMS ANY LIABILITY RELATING THERETO. YOU ARE BE RESPONSIBLE FOR BACKING UP YOUR OWN DEVICE.

IN NO CASE WILL SMART, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY SMART, ITS EMPLOYEES OR AGENTS.

SMART WILL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THIS APP, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND SMART HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMART AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, ACCOUNTING POSITIONS TAKEN BY YOU, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF SMART OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SMART AND YOU. SMART WOULD NOT HAVE PROVIDED THIS APP TO YOU FOR FREE WITHOUT SUCH LIMITATIONS.

YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL DATA, AIRTIME OR OTHER FEES ASSOCIATED WITH THE TRANSMITTAL OF INFORMATION AND THE USE OF YOUR DEVICE.

WAIVER AND INDEMNITY

BY USING THIS APP YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD SMART, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THIS APP OR ANY ACTION TAKEN BY SMART AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM SMART, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS AS A RESULT OF ITS DECISION TO REFUSE TO PROCESS ANY INFORMATION YOU PROVIDE TO SMART, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THIS APP OR TO TAKE ANY OTHER ACTION. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES (AND ANY MISUSES) THAT OCCUR UNDER OR THAT ORIGINATE FROM YOUR DEVICE WHILE USING THIS APP.

THIRD PARTY CODE

This App may include computer programming code that was not authored by SMART ("Third Party Code"). This Third Party Code is subject to the terms of its respective license, which required notices are reproduced in another document within this App. SMART does not endorse or promote any products or services by these third parties. You acknowledge that it is your responsibility to read, accept and comply with the terms and conditions of all such Third Party Code licenses.

GENERAL

You represent and warrant that: (i) You are not located in, and will not transfer this App to a national of, a country that is subject to a United States or Canadian Government embargo, or that has been designated by the U.S. or Canadian Government as a "terrorist supporting" country; and (ii) You are not listed on any government "watch list" of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.

These Terms constitute the entire agreement between You and SMART relating to this App. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. SMART's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. SMART will not be responsible for failures to fulfill any obligations due to causes beyond its control.

Only certain employees of SMART are authorized to make modifications to these Terms, or to make any additional representations, commitments or warranties binding on SMART. Any waiver of these Terms herein by SMART must be in a writing signed by an authorized officer, or legal counsel, of SMART and expressly reference the applicable provisions of these Terms.

Your use of or access of this App should not be construed as SMARTs purposefully availing itself of the benefits or privilege of doing business in any province or jurisdiction other than Alberta. Consequently, these Terms are governed by Alberta law and the applicable federal laws of Canada as this App, Your acceptance and the performance of, is performed entirely within Alberta, without regard to its choice of law or conflicts of law principles that would require the application of law of a different jurisdiction. You also agree the forum for any disputes are the provincial and federal courts of the Province of Alberta, City of Calgary, and such courts will have exclusive jurisdiction. These 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 Your information as SMART deems necessary to satisfy any applicable law, regulation, legal process or governmental request. Any translation of these Terms is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of these Terms will govern.

Copyright © 2012, SMART Technologies. All rights reserved. SMART, SMART Board, and SMART related brands are trademarks of SMART Technologies ULC or its affiliates, and may be registered in Canada, the United States and other jurisdictions.

Last updated: March 26, 2012