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Terms and Conditions

 

TERMS OF USE

ScreenBeam, Inc. (“ScreenBeam”) makes information, products and services available through this ScreenBeam web site (the “ScreenBeam Site”) subject to the following terms and conditions. By accessing this ScreenBeam Site, you agree to these terms and conditions. ScreenBeam reserves the right to change these terms and conditions, and the products, services, prices, and programs mentioned in this ScreenBeam Site at any time, at its sole discretion, without notice. ScreenBeam reserves the right to seek all remedies available by law and in equity for any violation of these terms and conditions. Any rights not expressly granted herein are reserved.
COPYRIGHT AND PROPRIETARY RIGHTS
This ScreenBeam Site and all software offered through or used on this ScreenBeam Site are our property or the property of our suppliers, sponsors, licensors or affiliates (collectively, “Business Partners”), and are protected by United States and international copyright law, trademark law, and trade secret law, as well as other laws, rules and regulations. We own a copyright in this ScreenBeam Site and in the selection, coordination and arrangement of the content available through this ScreenBeam Site. Except as expressly provided herein, neither we nor our Business Partners grant any rights to you under any patents, copyrights, trademarks or trade secret information. Accordingly, unauthorized use of this ScreenBeam Site or any content available on this ScreenBeam Site may violate patent laws, copyright laws, trademark laws, trade secret laws, laws pertaining to privacy and publicity rights or other laws or regulations. Copyright © 2003 ScreenBeam, Inc. All Rights Reserved. ScreenBeam, the ScreenBeam logo and all page headers, custom graphics and button icons are the service marks, trademarks, and/or trade dress of ScreenBeam (“Trademarks”). All other service marks, trademarks, product names and company names or logos displayed in this ScreenBeam Site are the property of their respective owners. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify any of the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this ScreenBeam Site, without our prior written consent. We prohibit the use of any metatags or any other “hidden text” utilizing any of the Trademarks without our prior written consent. We also prohibit the use of any of the Trademarks as a “hot” link on or to any other web site, unless we approve the establishment of such a link in advance.

USE OF SOFTWARE AND SERVICES
Use of any software or service offered through this ScreenBeam Site is subject to the terms and conditions of the license and service agreement which accompanies the software or service. If no license and service agreement accompanies a download of an update to a product, the terms of the license and service agreement which accompanied the original product being updated will govern. You will not be able to use, download, or install any software or utilize any service unless you agree to the terms of such license and service agreement.

USE OF SECURE PORTIONS OF WEB SITE
Access to secured/password protected areas of this ScreenBeam Site are restricted to authorized users. By accessing any secured/password protected area of this ScreenBeam Site you represent, warrant and covenant that you are authorized to do so and to engage in the activities and communications that you conduct thereunder. You agree to be solely responsible for the confidentiality and use of your password or username, as well as for any activities or communications conducted on or through this ScreenBeam Site using your password. Unauthorized individuals attempting to access secured/password protected areas of this ScreenBeam Site may be subject to prosecution. If you wish to cancel a password or username, or if you become aware of any loss, theft or unauthorized use of a password or username, please notify ScreenBeam immediately. ScreenBeam reserves the right to delete or change any password or username at any time, for any reason.

PRICING AND AVAILABILITY OF PRODUCTS AND SERVICES
Pricing and availability of software, services and products set forth on the ScreenBeam Site are subject to change without notice. This ScreenBeam Site can be accessed from countries around the world and may contain references to ScreenBeam software, services or products that have not been announced in your country. These references do not imply that ScreenBeam intends to announce, offer or provide such software, services or products in your country.

USE OF CONTENT OF WEB SITE
Except as otherwise indicated on this ScreenBeam Site, you may view, print, copy, and distribute the content on this ScreenBeam Site subject to the following terms and conditions: (i) the content is used solely for informational, personal, non-commercial purposes, (ii) any copy or portion of the content must include all copyright and proprietary notices in the same form and manner as on the original, (iii) the content may not be modified in any way, and (iv) ScreenBeam reserves the right to revoke such authorization at any time, and your use thereof shall be discontinued immediately upon notice from ScreenBeam. As used in the foregoing sentence, “content” does not include the layout or design of this ScreenBeam Site, elements of which are protected by trade dress or other laws and may not be imitated or reproduced in whole or in part, or logos, graphics, sounds or images on this ScreenBeam Site, which may be reproduced or distributed only when expressly permitted by ScreenBeam.

DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A SEPARATE AGREEMENT BETWEEN YOU AND ScreenBeam, ALL INFORMATION, PRODUCTS, SOFTWARE AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. WE ARE NOT RESPONSIBLE FOR PRINTING OR TYPOGRAPHICAL ERRORS. NEITHER WE NOR ANY OF OUR BUSINESS PARTNERS REPRESENT OR WARRANT THAT THIS SITE OR THE CONTENT PROVIDED ON OR THROUGH THIS SITE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED OR ERROR-FREE, OR THAT INACCURACIES OR DEFECTS IF ANY, WILL BE CORRECTED; NOR DO WE OR THEY MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE OR ANY CONTENT AVAILABLE ON OR THROUGH THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE AND EACH OF OUR BUSINESS PARTNERS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

LIMITATIONS OF LIABILITY
IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT AVAILABLE THROUGH THIS SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR BUSINESS PARTNERS, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING OR DISTRIBUTING THIS SITE OR ANY PART THEREOF (“COVERED PARTIES”), BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THIS SITE OR ANY CONTENT MADE AVAILABLE ON OR THROUGH IT, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In the event that ScreenBeam is liable for any damages arising in connection with this Site or any content made available on or through it, the aggregate liability of ScreenBeam and the Covered Parties shall not exceed in the aggregate the lesser of $1,000 and the amounts actually paid to ScreenBeam by you or for your use under the applicable License and Service Agreement for the one-month period preceding the first event that gave rise to the claims. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. SUBMISSIONS ScreenBeam may, but is not obligated to, review or monitor areas on this ScreenBeam Site where users may transmit or post communications but is not responsible for the accuracy of any information, data, opinions, advice, or statements transmitted or posted on or through this ScreenBeam Site. You are prohibited from posting or transmitting to or from this ScreenBeam Site any libelous, obscene, defamatory, pornographic, or other materials that would violate any laws. However, if such communications do occur, ScreenBeam will have no liability related to the content of any such communications.

THIRD-PARTY WEB SITES
This ScreenBeam Site may provide links to third-party web sites which are not under ScreenBeam’s control. ScreenBeam makes no representations about third-party web sites. When you access a non-ScreenBeam web site, you do so at your own risk. ScreenBeam is not responsible for the reliability of any data, opinions, advice, or statements made on third-party web sites. ScreenBeam provides these links merely as a convenience. The inclusion of such links does not imply that ScreenBeam endorses, recommends, or accepts any responsibility for the content of such web sites.

THIRD-PARTY PRODUCTS AND SERVICES
This ScreenBeam Site may contain references to third-party products and services for informational purposes. ScreenBeam makes no recommendations or endorsements about third-party products and services. References to third-party services and products are provided by ScreenBeam “as is”, without warranty of any kind, either express or implied.

USE OF THE ScreenBeam WEB SITE BY CHILDREN
While ScreenBeam’ product ad campaigns and marketing materials may be viewed by children, we do not target children as customers or solicit data from them. ScreenBeam encourages parents and guardians to spend time online with their children and to participate in the interactive activities offered on the sites their children visit. No information should be submitted to, or posted at, this ScreenBeam Site by visitors under 18 years of age without the consent of their parent or guardian.

GOVERNING LAW AND JURISDICTION
You agree that all matters relating to your access to, or use of, this ScreenBeam Site shall be governed by the laws of the state of California. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Santa Clara County in California and the United States District Court for the Northern District of California, with respect to such matters. ScreenBeam makes no representation that information on this ScreenBeam Site are appropriate or available for use in all countries, and prohibits accessing materials from territories where contents are illegal. Those who access this site do so on their own initiative and are responsible for compliance with all applicable laws.

EXPORT CONTROL LAWS
Products available on the ScreenBeam Site may be subject to United States export controls. No products from this site may be shipped, downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, or any other country to which the United States has embargoed goods, or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Denial and Prohibition Orders. By purchasing products or downloading or using software from this site, you are agreeing to the foregoing and all applicable export control laws. You are also warranting that you are not under the control of, located in, or a resident or national of any such country or on any such list. The information on export laws provided herein is not necessarily complete. For more information on export laws, please refer to 15 C.F.R. §§736, 738, 744, 746, or telephone the United States Commerce Department, Bureau of Export Administration at (408) 998-7402, (202) 482-2440, or (202) 482-4811.

UNITED STATES GOVERNMENT RIGHTS
All ScreenBeam products and publications are commercial in nature. The software, publications, and software documentation available on this ScreenBeam Site are “Commercial Items”, as that term is defined in 48 C.F.R.§2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are defined in 48 C.F.R. §252.227-7014(a)(5) and 48 C.F.R. §252.227-7014(a)(1), and used in 48 C.F.R. §12.212 and 48 C.F.R. 227.7202, as applicable. Pursuant to 48 C.F.R. §12.212, 48 C.F.R.§252.227-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R. §52.227-19, and other relevant sections of the Code of Federal Regulations, as applicable, ScreenBeam’s products, publications, commercial computer software, and commercial computer software documentation are distributed and licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in the license agreements that accompany the products and software documentation, and the terms and conditions herein.

Last updated September 12, 2019

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