Terms of Use

ScreenBeam Inc. (“ScreenBeam”) enables schools and other educational bodies to make learning safe, managed  and mobile through access to and use of its proprietary applications including Orchestrate and online platforms accessible from the website and associated domains of https://www.ScreenBeam.com/ (“Platform”), ScreenBeam’s hardware devices (Device) and ScreenBeam’s mobile applications (“Mobile Apps”) and other locally-installed software (“Smart Agents”) related to the Platform(the Platform together with the Smart Agents and the Mobile Apps, or devices, the “ScreenBeam Offering”). Any access to or use of the ScreenBeam Offering is subject to the terms and conditions in this Terms of Use (“TOU”). ScreenBeam may, at its discretion, update the TOU at any time without any prior notice. You can access and review the most current version of the TOU at the URL for this page or by clicking on the “Terms of Use” link within the ScreenBeam Offering or as otherwise made available by ScreenBeam.

PLEASE REVIEW THE TOU CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SCREENBEAM OFFERING (OR ALLOWING END USERS TO ACCESS OR USE THE SCREENBEAM OFFERING), YOU AGREE TO BE BOUND BY THE TOU, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU ARE ENTERING INTO THE TOU ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED AND LAWFULLY ABLE TO BIND SUCH ENTITY TO THE TOU, IN WHICH CASE THE TERM “YOU” SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THE TOU, YOU MAY NOT ACCESS OR USE THE SCREENBEAM OFFERING.

You represent and warrant that you are: (i) over eighteen (18) years of age or the age of majority in your jurisdiction, whichever is greater; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the ScreenBeam Offering under the laws of your country of residence or any other applicable jurisdiction.

In addition to these TOU, your access to and use of the ScreenBeam Offering is subject to the ScreenBeam Privacy Policy, any terms agreed to in writing by ScreenBeam and you regarding the scope of access to and use of the ScreenBeam Offering and/or ScreenBeam’s provision of support services to you, and any usage or other policies relating to the ScreenBeam Offering posted or otherwise made available to you by ScreenBeam (collectively, “Additional Terms”). The Additional Terms are part of the TOU and are hereby incorporated by reference and you agree to be bound by the Additional Terms.

(a)        ScreenBeam grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view pages within the Platform.

(b)        To the extent that the Platform provides access to any online software, applications or other similar components, ScreenBeam grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use such components only in the form within the Platform.

(c)        ScreenBeam grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install, run and use the Mobile Apps on a mobile device that you own and control (which term shall include any device owned by you that you lend to end users), in executable, machine-readable, object code form only.

(d)        ScreenBeam grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install, run and use the Smart Agents on a device that you own and control (which term shall include any device owned by you that you lend to end users), in executable, machine-readable, object code form only.

(e)        All rights granted to you under this TOU are subject to your compliance with the TOU and all Additional Terms in all material respects and may only be exercised by you for your personal, non-commercial use or internal business purposes.

Some components of the ScreenBeam Offering may be provided with or have incorporated into them third-party software (“Third-Party Software”), which may include software licensed under “open source” or other licenses approved by the Open Source Initiative. All Third-Party Software are subject to their own license terms available at https://opensource.screenbeam.com  If you do not agree to abide by the applicable terms for any Third-Party Software, you should not install or use the applicable components. You acknowledge and agree that: (i) ScreenBeam has no proprietary interest in any Third Party Software; (ii) to the extent permitted by applicable law and notwithstanding the rest of the TOU, any Third Party Software is provided “AS IS” with all faults and neither the licensor of such Third-Party Software nor any ScreenBeam Party shall be liable for any damages, claims, liabilities or expenses (whether direct, indirect, incidental, special, exemplary, punitive or consequential) related to such Third Party Software or the use thereof; and (iii) such Third-Party Software may be subject to separate license restrictions and obligations set forth in the respective license agreements related to such software.

ScreenBeam will use commercially reasonable efforts to provide the support services agreed to by the parties pursuant to the applicable Additional Terms. Otherwise, the TOU does not entitle you to any support for the ScreenBeam Offering.

(a)        In registering for the ScreenBeam Offering, you agree to: (i) provide true, accurate, current, and complete information about yourself as prompted by the ScreenBeam Offering’s registration form (the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or ScreenBeam reasonably suspects that you have done so, ScreenBeam may suspend or terminate your account.

(b)        You may not share your account or password with anyone. You are fully responsible for all activities that occur under your account, whether or not you authorized the particular use or user, and regardless of your knowledge of such use. You agree to notify ScreenBeam immediately of any unauthorized use of your account or password or any other similar breach of security.

(c)        If your account remains inactive for three months or longer, ScreenBeam reserves the right to suspend or terminate your account, with or without notice to you, and delete Your Content (as defined in Section 7(a)), all without liability to you.

(a)        You acknowledge and agree that all information, data, data records, databases, text, software, music, sounds, photographs, images, graphics, videos, messages, scripts, tags and other materials accessible through the ScreenBeam Offering, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not ScreenBeam, are entirely responsible for all Content that originates from or through you, or that is collected by you or on your behalf, including any Content that you or any of your users upload, post, email, transmit or otherwise make available through the ScreenBeam Offering (collectively, “Your Content”).

(b)        You acknowledge and agree that ScreenBeam has no obligation to pre-screen Your Content, although ScreenBeam reserves the right in its sole discretion to pre-screen, refuse or remove any of Your Content. Without limiting the generality of the foregoing sentence, ScreenBeam shall have the right to remove (without liability) any of Your Content that violates the TOU or that it deems objectionable.

(c)        You represent and warrant that: (i) you have all necessary rights and authority to grant the rights set forth in the TOU with respect to Your Content; and (ii) Your Content does not violate any duty of confidentiality owed to another person, or the copyright, trademark, right of privacy, right of publicity or any other right of any other person.

(d)        You shall provide data to ScreenBeam in compliance with all applicable laws, including but not limited to, the Federal Educational Rights and Privacy Act (“FERPA”), Children’s Online Privacy Protection Act (“COPPA”) and Protection of Pupil Rights Amendment (“PPRA”). You represent, warrant, and covenant to ScreenBeam, that you will: (i) comply with all applicable provisions of FERPA relating to disclosures to School Officials (as defined in 34 CFR 99.31 (B)) with a legitimate educational interest, including, without limitation, informing parents in their annual notification of FERPA rights, that you define “school official” to include service providers and define “legitimate educational interest” to include services such as the type provided by ScreenBeam; and (ii) provide sufficient notice and disclosure of the terms of this TOU and the Additional Terms to, and obtain and maintain all necessary rights and consents, including consents required by applicable state and federal law, rules, and regulations, such as COPPA, from, either each user or, where necessary, each user’s parent or legal guardian, to allow ScreenBeam to provide and improve the ScreenBeam Offering and collect and receive user data in accordance with this TOU and the Additional Terms. ScreenBeam relies on consent obtained from schools, acting as an agent of the parent(s) or legal guardian(s) of its students, as permitted by COPPA, for using the ScreenBeam Offering in connection with students under thirteen (13) years of age, if any. You must keep all consents on file and provide them to ScreenBeam if we request them. We recommend that you provide users and their respective parents/guardians, teacher, and other appropriate school personnel with a copy of ScreenBeam’s Privacy Policy and COPPA Notice, and any other parental information made available by ScreenBeam.

(a)        ScreenBeam does not claim ownership of Your Content. However, you grant ScreenBeam and its service providers a worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made Your Content (in any form and any medium, whether now known or later developed) as necessary to provide the ScreenBeam Offering to you. Additionally, you acknowledge and agree that ScreenBeam may collect and use for any lawful purpose Your Content in aggregate form, without identifying individual end users or you.

(b)        You acknowledge and agree that the technical processing and transmission of data associated with the ScreenBeam Offering, including Your Content, may require: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

(c)        Except with respect to Your Content, you acknowledge and agree that, as between you and ScreenBeam, ScreenBeam owns all rights, title and interest (including all intellectual property rights) in the ScreenBeam Offering and all Content and other materials within the ScreenBeam Offering. The ScreenBeam Offering is protected by U.S. and international copyright, trademark, patent and other intellectual property laws and treaties. ScreenBeam reserves all rights not expressly granted to you.

(d)        Except with respect to Your Content, you may not: (i) use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights to the ScreenBeam Offering, except as expressly permitted under the TOU; (ii) reverse engineer, disassemble, decompile or translate, or otherwise attempt to derive the source code, architectural framework or data records of any software within or associated with the ScreenBeam Offering; (iii) frame or utilize any framing technique to enclose any Content; (iv) access the ScreenBeam Offering for the purpose of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the ScreenBeam Offering or any products or services offered by ScreenBeam; (v) rent, lease, lend, sell or sublicense the ScreenBeam Offering or otherwise provide access to the ScreenBeam Offering as part of a service bureau or similar fee-for-service purpose; (vi) remove or obscure any proprietary notice that appears within the ScreenBeam Offering; or (vii) use the ScreenBeam Offering in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

You acknowledge that the ScreenBeam Offering is subject to U.S. export jurisdiction.  You agree to comply with all applicable international and national laws that apply to the ScreenBeam Offering, including, but not limited to, the U.S. Export Administration Regulations administered by the U.S. Department of Commerce, Bureau of Industry & Security (“BIS”) and sanctions imposed by the U.S. Department of Treasury, Office of Foreign Assets Control (“OFAC”), as well as end-user, end-use and destination restrictions enforced by U.S. and foreign governments.

You represent and warrants to ScreenBeam that You shall not engage in the re-export of the ScreenBeam Offering contrary to U.S. and international export control and sanctions regimes.  You agree that You shall immediately notify ScreenBeam in the event of any suspected or actual violation of U.S. export control and sanctions laws.

You are responsible for any and all activities that occur with the usage of the ScreenBeam Offering.  You shall ensure that the ScreenBeam Offering is not used, transferred, or otherwise exported or re-exported to Crimea, Cuba, Iran, North Korea, Syria, or any other country in which the United States and/or European Union maintains an embargo (collectively, “Embargoed Countries”) or to any person or entity on OFAC’s List of Specially Designated Nationals or BIS’ Entity List (“Designated Person”).  These lists of designated persons are subject to change without notice.  By using the ScreenBeam Offering, You represent and warrant that You are not located in, under the control of, or a national or resident of an Embargoed Country or Designated Person.  You agree to obtain any necessary export authorizations for the re-export of the ScreenBeam Offering to ensure compliance with U.S. export and sanctions laws.

In connection with your or any of your end users’ access to or use of the ScreenBeam Offering, you and they shall not:

(a)        upload, post, email, transmit or otherwise make available any Content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or otherwise objectionable; (ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; (v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware; or (vi) consists of information that you know or have reason to know is false or inaccurate.

(b)        impersonate any person or entity, including ScreenBeam personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;

(c)        forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the ScreenBeam Offering;

(d)        act in a manner that negatively affects the ability of other users to access or use the ScreenBeam Offering;

(e)        take any action that imposes an unreasonable or disproportionately heavy load on the ScreenBeam Offering or its infrastructure;

(f)         interfere with or disrupt the ScreenBeam Offering or servers or networks connected to the ScreenBeam Offering, or disobey any requirements, procedures, policies or regulations of networks connected to the ScreenBeam Offering;

(g)        use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the ScreenBeam Offering, or substantially download, reproduce or archive any portion of the ScreenBeam Offering;

(h)        sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the ScreenBeam Offering, including your user account and password; or

(i)         violate any applicable local, state, provincial, federal or international law or regulation.

If you elect to provide or make available to ScreenBeam any suggestions, comments, ideas, improvements or other feedback relating to the ScreenBeam Offering (“Suggestions”), ScreenBeam shall be free, and you hereby grant ScreenBeam a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license, to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in your Suggestions in any form and any medium (whether now known or later developed), without credit or compensation to you.

Your dealings with advertisers and other third parties who market, sell, buy or offer to sell or buy any goods or services on the ScreenBeam Offering, including payment for and delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser or other third party. You agree that ScreenBeam shall not be liable for any damage, liability, expense or loss of any kind incurred as a result of any such dealings.

The ScreenBeam Offering or users of the ScreenBeam Offering may provide links or other connections to other websites or resources. You acknowledge and agree that ScreenBeam does not endorse and is not responsible for any content, advertising, products, services or other materials on or available through such sites or resources (“External Materials”). External Materials are subject to different terms of use and privacy policies. You are responsible for reviewing and complying with such terms of use and privacy policies. You further acknowledge and agree that ScreenBeam shall not be liable for any damage, liability, expense or loss resulting from or arising out of use of or reliance on any External Materials.

Subject to any Additional Terms, ScreenBeam reserves the right at any time to modify the ScreenBeam Offering, with or without notice, and ScreenBeam shall not be liable to you or any third party for any such modification; provided, ScreenBeam shall provide you reasonable prior notice if such modification will materially and adversely affect the functionality of the ScreenBeam Offering and you may terminate the TOU by providing written notice to ScreenBeam promptly thereafter.

You shall indemnify, defend and hold ScreenBeam and its affiliates and equity holders, and each of their officers, directors, employees, agents, partners, representatives, advisors and licensors (collectively, “ScreenBeam Parties”) harmless from and against any claim, demand, loss, damage, cost, liability and expense, including reasonable attorneys’ fees, resulting from or arising out of: (a) Your Content; (b) your violation, or any violation by any of your end users, of the TOU, any law or regulation, or any rights (including intellectual property rights) of another party; (c) your failure to receive any consents or provide any notices required to be received or provided under applicable law;  or (d) your use or your end user’s use of the ScreenBeam Offering (including your failure to use certain aspects of the ScreenBeam Offering; your failure to report or take action with respect to actual or potential harmful web activity or harmful actions of end users or information relating to such activity or actions; your decision to act upon information obtained from the ScreenBeam Offering. You may not settle or compromise any indemnified claim without the prior written consent of ScreenBeam.

(a)        YOUR USE AND YOUR END USER’S USE OF THE SCREENBEAM OFFERING IS AT SUCH PERSON’S SOLE RISK. THE SCREENBEAM OFFERING IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SCREENBEAM PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

(b)        SCREENBEAM PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT: (i) THE SCREENBEAM OFFERING WILL MEET YOUR REQUIREMENTS OR THE SCREENBEAM OFFERING WILL PROVIDE ALL DESIRABLE OR NECESSARY INFORMATION TO YOU OR YOUR END USERS; (ii) ACCESS TO THE SCREENBEAM OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;  (iii) THE INFORMATION AND ANY RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SCREENBEAM OFFERING WILL BE ACCURATE, RELIABLE, CURRENT OR COMPLETE; OR (IV) THE USE OF THE SCREENBEAM OFFERING WILL PROTECT YOU OR YOUR END USERS OR ANY OTHER PARTY FROM HARM.

(c)        ALL CONTENT MADE AVAILABLE THROUGH THE SCREENBEAM OFFERING IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ALL INFORMATION BEFORE TAKING OR OMITTING ANY ACTION OR DETERMINING WHETHER TO TAKE ANY ACTION WITH RESPECT TO ANY INFORMATION OBTAINED FROM THE SCREENBEAM OFFERING.

(a)        NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY: (I) SCREENBEAM PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR COST OF COVER, BUSINESS INTERRUPTION, OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF SCREENBEAM PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND (II) IN NO EVENT SHALL SCREENBEAM PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE TOU OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SCREENBEAM OFFERING EXCEED THE AMOUNT PAID BY YOU TO SCREENBEAM FOR ACCESS TO THE SCREENBEAM OFFERING WITHIN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM AROSE.  you may not bring a claim under this TOU more than 6 months after the cause of action arises.

(b)        You hereby release AND DISCHARGE the ScreenBeam parties from all DAMAGES, claims, liabilities, and expenses in connection with: your failure to use certain aspects of the ScreenBeam Offering;  your failure to report or take action with respect to actual or potential harmful web activity or harmful actions of end users or information relating to such activity or actions; YOUR DECISION TO ACT UPON INFORMATION OBTAINED from THE SCREENBEAM OFFERING.

(c)        CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

(a)        Subject to the Additional Terms, if you violate the TOU, all rights granted to you under the TOU shall terminate immediately, with or without notice to you.

(b)        Upon termination of the TOU for any reason: (i) ScreenBeam, in its sole discretion, may remove and discard Your Content; and (ii) any provision that, by its terms, is intended to survive the expiration or termination of this TOU shall survive such expiration or termination.

The TOU shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to the TOU.

The federal and state courts of Santa Clara County, California shall have exclusive jurisdiction over any disputes or legal action arising out of or relating to the TOU or the ScreenBeam Offering.

You represent and warrant that you are not: (a) located in an Embargoed Country or a country otherwise designated by the U.S. Government as a “terrorist supporting” country; or (b) a Designated Person.

Depending upon the jurisdiction in which the ScreenBeam Offering is licensed or related services are used, this TOU may be subject to certain government export and other restrictions, and You shall comply with all applicable laws in connection therewith. You agree that You will not export or re-export the ScreenBeam Offering, reference images or accompanying documentation or use the ScreenBeam Offering or related services in any form without the appropriate authorization. Failure to comply with this provision is a material breach of this TOU and shall result in the automatic termination of this TOU, whether or not ScreenBeam is aware of the same at the time. The ScreenBeam Offering or any software associated with the ScreenBeam Offering may not be exported or re-exported a) into any U.S. embargoed countries or b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity list. By using the ScreenBeam Offering, You represent that You are not located in such a restricted country or on any such list.

This section applies to access to or use of the ScreenBeam Offering by a branch or agency of the United States Government. The ScreenBeam Offering includes “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 and qualifies as “commercial items” as defined in 48 C.F.R. 2.101. Such items are provided to the United States Government: (a) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (b) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 and 227.7202-3. The United States Government shall acquire only those rights set forth in the TOU with respect to the such items, and any access to or use of the ScreenBeam Offering by the United States Government constitutes: (a) agreement by the United States Government that that such items are “commercial computer software” and “commercial computer software documentation” as defined in this section; and (b) acceptance of the rights and obligations herein.

You agree that, except for ScreenBeam Parties and as otherwise expressly provided in the TOU, there shall be no third-party beneficiaries to the TOU.

In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting such unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

The TOU (together with the Additional Terms) constitutes the entire agreement between you and ScreenBeam concerning your access to and use of the ScreenBeam Offering. It supersedes all prior and contemporaneous oral or written negotiations and agreements between you and ScreenBeam with respect to such subject matter. In the event of any conflict between or among the TOU and any Additional Terms to which the TOU refers, the terms and conditions of the TOU shall take precedence and govern. The TOU may not be amended by you except in a writing executed by you and an authorized representative of ScreenBeam. For the purposes of the TOU, the words “such as,” “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation.” You may not assign or delegate any right or obligation under the TOU without the prior written consent of ScreenBeam. The failure of ScreenBeam to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of this TOU is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of the TOU. Any prevention of or delay in performance by ScreenBeam hereunder due to labor disputes, acts of God, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay.