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Terms of Use

Last updated:January 1, 2020

Introduction

If you are a minor, your parent or guardian must agree to these Terms on your behalf.

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).

If our product has an accompanying End User License Agreement ("EULA") it shall prevail and govern over these Terms. By using or installing our applications, online offerings or software (our "products") you are agreeing to be bound by these Terms.

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 sections.

The following products have Specific Terms:

The following general Terms apply to our products:

GENERAL TERMS

Apps

For SMART apps you download from the Apple's iTunes store you acknowledge that you have reviewed and accepted Apple's Terms and Conditions, Apple's Privacy Policy, and Apple's Licensed Application End User License Agreement ("LAEULA") 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 SMART apps you download from the Google Play store, You acknowledge that You have reviewed and accepted Google's Terms of Service.

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 Apple and Google apps.

You may review SMART’s Privacy Policy here.

Back to Introduction

Bridgit®

Please ensure you read the Introduction as it contains important information regarding this binding legal agreement between you and SMART. The following Specific Terms are for Bridgit®

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

  1. You may use the software as follows:
    1. Server Software. You may install the server software on such number of servers as you are entitled to based on your purchase of server software licenses. You may use the server software for the sole purpose of supporting 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.
    2. Client Software. You may install, or permit the download of, Bridgit client software on as many clients as you require, provided that the number of concurrent clients using the client software at any given time will be limited the number of concurrent licenses you have purchased.

Back to Introduction

SMART Exchange®(SMEX)

Please ensure you read the Introduction as it contains important information regarding this binding legal agreement between you and SMART. The following Specific Terms are for the SMART Exchange® website ("SMEX").

What can you do with content available on the SMEX?

  • User Generated: Resources on SMART Exchange uploaded by users (i.e., user generated submissions) are licensed under an Attribution 4.0 International Creative Commons license (CC BY 4.0)
  • SMART Provided: Resources on SMART Exchange uploaded by SMART (i.e., SMART provided content) are licensed under an Attribution-NonCommercial-ShareAlike (CC BY-NC-SA)

You can upload content to SMEX if:

  • You are the content's sole creator
  • You have permission to share those portions of the content not created by you and you have credited or attributed the work of others (this includes Creative Commons open resources)

Do not upload content if:

  • The content contains inappropriate material or, you did not create it and do not have permission to share it

Limitation of Liability: The content on SMEX is provided as-is without any warranty or guarantee and you are accessing it and may use it at your own risk. We are not liable for the content or your use of the content.

Availability: Your access to SMEX may be restricted or terminated at any time in SMART’s sole discretion without notice to you.

Portions of SMEX use third-party open source code. To find out more information about third-party code in SMEX and its licenses visit our SMEX Third-Party Code Attribution page.

Back to Introduction

SMART Learning Suite Online™ (SLSO)

Thank you for choosing SMART. This document is a legal agreement between SMART Technologies ULC ("SMART", "we" or "our") and you (where "you" or "your" includes your organization that you are using our product on behalf of).

You represent and warrant that you have the authority to accept this agreement and where applicable bind your organization and ensure it complies with these terms. If you are a minor, your parent or guardian must agree to these terms on your behalf and you should only use our products at school if your school, or district, or teacher has obtained the requisite consent for you to disclose personal information in compliance with our Privacy Policy.

Our software is licensed, not sold. Unless applicable law gives you more rights you may only use our software as expressly permitted in this agreement. You must comply with, and not attempt to circumvent, any law or technical limitation that allows you to activate or use our products only in certain ways.

SMART GRANTS YOU AND YOU ACCEPT A REVOCABLE, NON-EXCLUSIVE, NON-TRANSFERABLE AND NON-ASSIGNABLE LICENSE TO USE SLSO SUBJECT TO THE FOLLOWING:

  1. REVOKING YOUR LICENSE. This license is effective until revoked or terminated. You may terminate this agreement at any time by notifying us. If you do not comply with the terms of this agreement, including the linked terms, we may immediately revoke your license and terminate this agreement. Our software, or portions of it, and services may be offered on a subscription basis. For subscriptions, unless the subscription is renewed your license to the subscription is automatically revoked and your software (the subscription portions) will stop working at the end of the subscription period without any additional notice to you. SMART may, at any time, modify or discontinue (temporarily or permanently) distributing or updating our products. Unless obligated by law or warranty, SMART is not required to provide any support or maintenance to you and we shall not be liable to you or any third-party for any suspension or discontinuance of our products.
  2. 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. If you are unable to access these terms in the official language of your country please contact SMART and a copy will be provided to you.
  3. GOVERNING LAW. If you are a school, government organization or your company’s policies prohibit you from accepting a governing law and jurisdiction outside of your home state or province then the laws of your state, province or country where you live (or, if a business, where your principal place of business is located) govern all claims and disputes concerning the applicable SMART product or service. Otherwise, this agreement is governed by and construed in accordance with the laws of Alberta, Canada and 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. 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. 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.
  4. CLASS ACTION WAIVER. To the extent permitted by law, any and all proceedings to resolve or litigate a dispute must be conducted solely on an individual basis. Neither you nor SMART shall seek to have any dispute heard as a class action, jury trial, private attorney general action, or in any other proceeding in which either party acts, or proposes to act, in a representative capacity.
  5. LINKED TERMS. You are also bound by the following terms and conditions: In the event of a conflict or variance between the linked terms and the terms in the body of this agreement, the terms in the body of this agreement shall prevail and govern. If you are unable to access these links please contact SMART and a copy will be provided to you.
  6. LIMITED WARRANTY. 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.
  7. NO WARRANTY. OTHER THAN THE LIMITED WARRANTY AS STATED ABOVE IN SECTION 6, THE SOFTWARE 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 THE SOFTWARE AND 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 SOFTWARE IS OR WILL BE INTERRUPTION FREE, DEFECT FREE OR WILL MEET YOUR NEEDS.
  8. NO LIABILITY. To the maximum extent permitted by applicable law, in no event shall SMART or its suppliers, third-party providers, 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, third-party providers, licensors, resellers or distributors have been advised of the possibility of such damages. IN ANY CASE, SMART'S ENTIRE LIABILITY SHALL NOT EXCEED THE PURCHASE PRICE.
  9. FEEDBACK. We do not claim any intellectual property rights over material you create. We do appreciate your direct 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.
  10. BETA CHANNEL AND TRIAL SOFTWARE. The beta channel and trial software is meant for advanced users who are comfortable using pre-release software and providing feedback. Problems you may encounter in beta channel releases are not supported by SMART support. Moving to the beta channel may cause your board or software to behave unexpectedly. Updates will be installed automatically and all bugs or crashes will be automatically reported. Returning to the stable channel requires a factory reset that erases all settings and returns them to their default values. You consent that SMART or an authorized SMART representative may contact you (by phone, e-mail or mail) with information about SMART solutions, training, events and special offers. You can withdraw your consent at any time.
  11. EXPORT RESTRICTIONS. You agree that you shall comply with all domestic and international export laws and regulations that apply. 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.
  12. INVALIDITY OF PROVISIONS. If any provision of this agreement is invalid, illegal or unenforceable in any respect, such provision shall be severed from this agreement or the applicable linked terms, and the validity, legality or enforceability of the remaining provisions shall not in any way be affected or impaired. 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.
  13. ASSIGNMENT. You may not assign this agreement or your license without our prior written consent, which may not be granted. SMART on the other hand, may assign this agreement without your consent. Subject to the foregoing, this agreement shall be binding upon and enure to the benefit of the parties to it and their respective legal representatives, successors and permitted assigns.
  14. ENTIRE AGREEMENT. This agreement, together with the linked terms, constitutes the entire understanding of the parties and supersedes all prior end user license agreements, representations, negotiations, tender documents and proposals between the parties with respect to the subject matter of this agreement.
  15. CONTACTING YOU. We (including our software), or an authorized representative of SMART, may contact you about this agreement or operational messages by: a) calling you or sending an email or regular mail to the addresses we have on file for you; b) providing notification, system messages or updates via the software; or c) posting a message where you found these legal terms. You understand and agree that if you use our product after the date on which we provide notice to you that the terms of this agreement or the linked terms have changed, you will be agreeing to and accepting the updated terms. Unless other terms accompany them, these terms also apply to related updates, patches and related Internet or mobile based applications.
  16. COOKIES AND THIRD-PARTY CODE. We use cookies to enhance your experience. Portions of our service 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 the Cookie Policy section of our Privacy Policy. Portions of SLSO use third-party open source code. To find out more information about third-party code in SLSO and its licenses visit our SLSO Third-Party Code Attribution page.
  17. CREATING AN ACCOUNT AND USING THE SLS ONLINE SERVICES.

    These Apply to Students:

    1. IF YOU ARE A MINOR, YOUR PARENT OR GUARDIAN MUST AGREE TO THESE TERMS ON YOUR BEHALF. IT IS YOUR RESPONSIBILITY TO CONFIRM WITH YOUR TEACHER, OR PARENT, OR GUARDIAN THAT YOUR SCHOOL HAS OBTAINED YOUR PARENT OR GUARDIAN’S EXPRESS CONSENT TO USE OUR SLS SERVICES.
    2. If you no longer wish to be bound by this agreement, you must stop using the SLS services and written notice to your parent or guardian or school, as the case may be, and they must notify SMART. Upon receipt of such notice, SMART may terminate or suspend your account. Please note that termination may not result in the deletion of your information and submissions unless specifically requested by your parent or guardian or school, and to the extent required by applicable law. If you would like your personal information removed from our SLS services after termination please refer to the Opting Out or Removing "Personal Information" section in our Privacy Policy.
    3. ANY PERSONALLY IDENTIFIABLE INFORMATION YOU PROVIDE WILL BE MANAGED BY SMART IN ACCORDANCE WITH ITS PRIVACY POLICY.

    These Apply to Schools:

    1. You agree to our Privacy Policy.
    2. Upon termination, we will suspend your access to the SLS services and your data, including all your students’ data, will be deleted so it is your responsibility to back it up to your own computer prior to termination.
    3. As an account administrator, SMART Learning Suite Online requires you to complete a registration process to create an account.
    4. Both parties (you and SMART) are responsible for complying with all applicable privacy legislation.
    5. Prior to submitting any personally identifiable information to SMART or granting users access to SMART Learning Suite Online, you are solely responsible to obtain all parental, guardian, teacher, or other consents required.
    6. You are responsible to monitor and manage: (i) any opt-outs of parental, guardian or other consent that would require removal of a student, teacher or other individual from our services or require a change in the way SMART can collect or use a user’s information; (ii) use of SMART Learning Suite Online, and (iii) any delivery of student data or educational records from you to SMART.
  18. SURVIVAL. The obligations set forth in the preamble and Sections 2 to 9 inclusive and Sections 12 and 14 shall survive termination of this agreement.
  19. HAVE A QUESTION?

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

    Copyright © 2017 SMART Technologies ULC

Back to Introduction

SMART Meeting Pro®

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

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

  1. 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.
  2. Unless you have written permission from SMART, you can only connect your computer running Meeting Pro to the following "Display Devices":
    1. SMART Board® interactive whiteboard
    2. SMART Board® integrated flat panels
    3. SMART Podium®
    4. SMART Board® interactive display overlay, and/or
    5. such other SMART product introduced by SMART from time-to-time for use with this Software.
  3. 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.
  4. 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.
  5. 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 in Meeting Pro.

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 (does not include resale of Items) and subject to the conditions and exclusions set out in this section.
  • You shall not remove, modify or obscure any trademark, 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).
  • 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 for your business purposes.

Back to Introduction

SMART Meeting Pro® Personal Edition (MPPE)

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

Subject to payment of applicable license fees 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:

  1. Minimum Number of Licenses. You must purchase a minimum of 10 MPPE licenses
  2. 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.
  3. 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.
  4. 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 in Meeting Pro.

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 (does not include resale of Items) and subject to the conditions and exclusions set out in this section.
  • You shall not remove, modify or obscure any trademark, 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).
  • 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 for your business purposes.

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SMART Notebook®

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

SMART Learning Suite Subscription License ("SLS")

  1. 4 activations of SMART Notebook per teacher
  2. May be used in school or at home
  3. Lessons created with Notebook can be used on student devices
  4. May be used on any hardware, SMART or other
  5. The software is available for use during the subscription period but after that period expires the right to use the software ends and some functions or components of the software may no longer be available.
  6. The SLS software may be updated or upgraded by SMART to new versions released during the term of the subscription.
  7. This license has no effect on other Notebook licenses you may hold.

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SMART Professional Development (Learning Space)

Please ensure you read the Introduction as it contains important information regarding this binding legal agreement between you and SMART. The following are Specific Terms for SMART Professional Development Learning Space ("LS").

Certain users may create an account for access to the LS members only portion of the website. In addition to these Specific Terms the LS members may be subject to additional terms at the time of creating a member account or at the time of purchasing courses, resources or other offerings.

You agree that course material and other reference materials made available on the LS website 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 LS member to complete such course.

You agree that certain information, including course history and completion, course transcripts and credits, and certification levels may be stored on systems managed by SMART, even if such courses are offered online and/or without charge. Such information will be managed in accordance with SMART’s Privacy Policy.

While SMART endeavors to maintain continuous availability we cannot guarantee that the website and the related training materials and courses will be available at any given time. LS members hereby release SMART from any losses or liabilities they may incur. 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 LS 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. SMART utilizes the services of a third-party for payment processing.

In the event the registered LS 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 LS member has provided at least five (5) full business days notice of non-attendance. After such time, if the LS member advises SMART of his or her non-attendance prior to the commencement of the course, SMART shall credit the LS member's account with the amount paid for such course. Such credit may be used by such LS 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 forfeited by the LS member.

Course Credits:

SMART may from time to time offer programs enabling LS 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 forfeited.

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SMART Software Admin Portal (SSP)

The SMART Software Admin Portal allows you to manage your account information including product keys, activations and the end dates of your current software entitlements.

As part of SSP the account holder (often a school administrator) can add other administrator members to co-administer the software entitlements. It is very important to note that any administrator added to that account can view your account data, including account information and give or remove SMART software entitlement access to end users (includes display names and e-mail addresses). As such, do not give your SSP login credentials or admin access to anyone you don’t want to have access to this information and who is not bound by your own organization’s privacy policy.

SMART is committed to your privacy and our Privacy Policy is located here.

Portions of SSP use third-party open source code. To find out more information about the third-party code we use in SSP and its open source licenses please visit:

Back to Introduction

GENERAL TERMS

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

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

The Terms do not limit any rights that SMART may have under trade secret, copyright, patent or other laws.

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

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Class Action Waiver

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

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Cookies

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 our tasty Cookie page:

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Creating an Account

Certain products require you to complete a registration process to create an account. Such services may include (but are not limited to) participating in online community portions of our products and setting personal preferences for use in the products. Depending on the product and 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.

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Disclaimer of Warranties and Limitation of Liability

SMART's sole obligation under its limited software warranty shall be, at SMART's option and expense, to either: a) refund the purchase price paid by you for the defective software; or b) to replace the defective software with software that substantially conforms to applicable SMART published specifications. Any replacement software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.

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

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

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Downloaded Trial and Beta Software

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.

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

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Export Restrictions

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

Our software is a "Commercial Item", as that term is defined at 48 CFR 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 CFR 12.212 or 48 CFR 227.7202, as applicable. Consistent with 48 CFR 12.212 or 48 CFR 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to US Government end users (a) only as Commercial Items, and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions of this agreement.

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Feedback

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

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Governing Law

If you are a school, government organization or your company’s policies prohibit you from accepting a governing law and jurisdiction outside of your home state or province then the laws of your state, province or country where you live (or, if a business, where your principal place of business is located) govern all claims and disputes concerning the applicable SMART product or service.

Otherwise, this agreement is governed by and construed in accordance with the laws of Alberta, Canada and 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. 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.

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.

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Invalidity of Provisions

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

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

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Moderators

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

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

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Reporting a Concern, Dispute or Take-Down Request

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

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Revoking Your License

If you do not comply with these Terms we may revoke your license(s) and terminate this agreement.

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Security

You are responsible for maintaining the confidentiality of your passwords, account information and access. You are also entirely responsible for any and all unauthorized activities (and any misuses) that occur under or that originate from your account, 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 and to notify SMART immediately of any unauthorized use of your account or any other breach of security.

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SMART Gallery

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

  • You are permitted to use an image that is in a .galleryitem or a .gallerycollection file format only with SMART products (such as SMART Table software, SMART Table Toolkit software, SMART Notebook software and SMART Notebook express software or web application). Use for any other purpose is not permitted. You may not use the image on third-party software, or include it in any product for sale or for a fee. You may not import directly into any third-party software any .galleryitem or .gallerycollection image. This restriction may not be circumvented by merely converting .galleryitem or .gallerycollection images into a .notebook file format.
  • Images may be incorporated into a .notebook file (meaning part of a lesson or more than just the .galleryitem or .gallerycollection image). The .notebook file may be exported into another file format and that other file format may be used on third-party software, provided it is not included in a product for sale or for a fee.
  • You may access, copy, distribute, publish, and otherwise use unmodified images subject to the condition that you maintain a reference to the original author and/or the SMART logo or trademark to the extent that same was contained on the image, and further subject to the rest of these conditions.
  • You are not permitted to modify, adapt, reverse engineer, or otherwise alter images or the SMART Lesson Activity toolkit template (including flash) code.
  • Images that are SMART Notebook files, backgrounds, pages, themes, interactive files, or multimedia may be modified, subject to the other terms of this agreement, including retaining and conspicuously reproducing source information and/or attribution to the original creator referred to in the image.
  • You are not permitted to use the images in whole or in part for resale or any commercial purpose, whether or not incorporated into another product or offering, and whether the original SMART Gallery image or a derivative thereof.
  • You are not permitted to download the images in mass or bulk amounts, regardless of whether the intent is to use such content for commercial purposes; and are not to be (whether in original form or modified) offered, distributed, transmitted, or displayed, on or in a site, product, offering or service, including those competitive to SMART's offerings or otherwise.
  • Certain images (such as the 3D or Mixed Reality images) may not be fully or properly viewable without the use of the SMART Mixed Reality software, which may only be available under a separate license and associated license fee.

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SMART Provided Content

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

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

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Third Party Offerings and Sites

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

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

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.

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User Provided Content (Submissions)

In these Terms, the expression "Submission" means content submitted by users.

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.

You retain all ownership rights in your Submissions and SMART will never sell your Submissions or personal information. However, we need to be able to reproduce your Submissions as part of the service (i.e., others can read them). As such, by submitting any Submissions you are granting SMART, for the sole purpose of providing the applicable service, a royalty free, worldwide, non-exclusive, license to use, reproduce, merge, distribute, transmit, display, perform, translate and reformat your submissions (in whole or in part) in any manner required to operate the applicable service.

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 Submissions 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).

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 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.

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

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Term and Termination

This agreement starts when you begin using our product and automatically renews until terminated by either party.

You may at any time terminate this agreement by sending a termination request to SMART at privacy@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

© 2020, SMART Technologies ULC
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