Term of Service
END USER LICENSE AGREEMENT PRODUCTS
3. CHANGES TO AGREEMENT
SmartTechnologies MAY CHANGE THIS EULA AT ANY TIME UPON NOTICE TO YOU BY POSTING A NEW VERSION ON THE SERVICES. YOU ARE RESPONSIBLE FOR PERIODICALLY REVIEWING THIS EULA TO ENSURE THAT YOU ARE FAMILIAR WITH THE MOST RECENT VERSION. Your use of the Services after we post any changes to this EULA constitutes Your agreement to those changes.
BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD. IF YOU ARE ACCEPTING THIS EULA ON BEHALF OF A COMPANY, ORGANIZATION, EDUCATIONAL INSTITUTION, OR AGENCY INSTRUMENTALITY OR DEPARTMENT OF A GOVERNMENT (AN €œENTITY€) AS ITS AUTHORIZED LEGAL REPRESENTATIVE, THEN YOU REPRESENT AND WARRANT THAT YOU HAVE THE POWER AND AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, AND REFERENCES TO €œYOU€ HEREIN REFER TO BOTH YOU, THE INDIVIDUAL END USER, AND THE ENTITY ON WHOSE BEHALF YOU ARE ACCEPTING THIS EULA.
Subject to Your compliance with this EULA, SmartTechnologies herby grants You a limited non-transferable, non-sublicensable, non-exclusive, revocable license to use the Services through the Website or by downloading and installing our Applications. SmartTechnologies reserves all rights not expressly granted by this EULA and You hereby acknowledge that all title and ownership of the Program and all associated intellectual property rights are and shall remain with SmartTechnologies. When accessing the Services through the Applications that were downloaded from an app store or app distribution platform, such as the Apple App Store or Google Play, (the €œApp Provider€), You acknowledge and agree that: (a) this EULA are concluded between us, and not with the App Provider, and that we are solely responsible for the Applications (not the App Provider); (b) the App Provider has no obligation to furnish any maintenance and support services with respect to the Applications; (c) in the event of any failure of the Applications to conform to any applicable warranty, (i) you may notify the App Provider and the App Provider will refund the purchase price for the Applications to you (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Applications, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility; (d) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Applications or your possession and use of the Applications, including, but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; (e) in the event of any third party claim that the Applications or your possession and use of that Applications infringes that third party€™s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this EULA; (f) the App Provider, and its subsidiaries, are third party beneficiaries of this EULA as it relates to your license of the Applications, and that, upon your acceptance of the terms and conditions of this EULA, the App Provider will have the right (and will be deemed to have accepted the right) to enforce this EULA as related to your license of the Applications against you as a third party beneficiary thereof; and (g) you must also comply with all applicable third party terms of service when using the Applications.
6. PAYMENTS AND PURCHASES OF VIRTUAL GOODS
SmartTechnologies may license to you certain virtual goods to be used within SmartTechnologies Services. Unless otherwise specified, these virtual goods shall be deemed an integral part of the Software. These virtual goods may be licensed both for a fee using €œreal world money€ and without any separate fee, as applicable from time to time. These virtual goods may also be licensed by using third party virtual currency, such as Facebook Credits or by using separate activation codes. Any and all virtual goods are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use. Please note that any payment for licenses for virtual goods or redemption of third party virtual currency is always FINAL AND NON-REFUNDABLE. SmartTechnologies may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. SmartTechnologies shall have no liability to you or any third party in the event that SmartTechnologies exercises any such rights.
SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT SmartTechnologies IS NOT REQUIRED TO PROVIDE A REFUND FOR VIRTUAL GOODS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS, WHETHER YOUR LOSS OF LICENSE UNDER THIS EULA WAS VOLUNTARY OR INVOLUNTARY.
7. THE SERVICES DO NOT PROVIDE PROFESSIONAL MEDICAL ADVICE
SmartTechnologies provides the Services for educational purposes only. SmartTechnologies is not a medical organization and cannot give you medical advice or diagnosis. The information made available through the Services should not be interpreted as a substitute for physician consultation, evaluation, or treatment. If you have questions or concerns about individual health matters, You should seek the advice and services of a qualified medical and/or health care professional. YOUR USE OF THE SERVICES DOES NOT ESTABLISH A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND SmartTechnologies . YOU HEREBY AGREE THAT, BEFORE USING THE SERVICES, YOU WILL CONSULT YOUR DOCTOR REGARDING ANY MEDICAL PROBLEMS YOU MAY BE AT RISK FOR RESULTING FROM EXERCISE, CHANGES IN YOUR DIET, OR SMOKING RELATED HABITS.
8. SMOKING RELATED INFORMATION, ESTIMATIONS AND CALCULATIONS
SmartTechnologies' smoking related information, estimations, and calculations ("Smoking Statistics Database") are provided by third party services or entered directly by SmartTechnologies. SmartTechnologies is not responsible for any incorrect, inaccurate, or unreliable information provided by the Smoking Statistics Database. You are solely responsible for making sure any smoking related information or estimations from the Smoking Statistics Database is accurate, correct, and complete. You may not copy, duplicate, distribute, display, sell, translate, publish, transmit or modify any information from the Smoking Statistics Database for commercial purposes without the express written consent of SmartTechnologies.
9. NUTRITION DATABASE AND FOOD INFORMATION
SmartTechnologies' food database ("Nutrition Database") is comprised of nutritional information entered directly by SmartTechnologies, nutritional information provided by third party services, and nutritional information entered by SmartTechnologies members. Any SmartTechnologies member has the ability to enter nutritional information, as well as modify existing nutritional information. SmartTechnologies is not responsible for any incorrect, inaccurate, or unreliable information provided by the Nutrition Database. You are solely responsible for making sure any food nutrition information in the Nutrition Database is accurate, correct, and complete. You may not copy, duplicate, distribute, display, sell, translate, publish, transmit or modify any information in the Nutrition Database for commercial purposes without the express written consent of SmartTechnologies.
10. ACCURACY OF THIRD PARTY INFORMATION
You understand that by using the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the SmartTechnologies shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable. You also understand that by using the Services