EMAIL-SMART & SCREAMA

Email-Smart is the trading name of Screama Limited. This agreement is with Screama Limited. Email-Smart solutions are powered by the Screama platform which is owned by Screama Limited.

 

SCREAMA SUBSCRIPTION LICENCE AGREEMENT & TERMS OF USE

Screama Limited ("Screama", "we" or "us") a company registered in England & Wales Company Registration Number 06228165 and whose registered office is at St George's House, 215-219 Chester Road, Manchester M15 4JE, provides Services and associated Software for inserting marketing and communication messages (Screama Messages) into an organisation’s outbound email. In this Agreement the terms Services & Software are collectively referred to as the Solution or Solutions.

This Subscription Licence Agreement and Terms of Use ("Agreement") constitutes an agreement between Screama and the end-user customer ("Customer", "you" or "user") for all of the Solutions relating to your assigned account ("Account").

Please be aware that, any of the following actions, without limitation or qualification, constitutes your acceptance and agreement to be bound by and to comply with all of the terms and conditions of this Agreement: (i) your registering for a trial account or full fee paying account on the Screama website or other online site (ii) your download of the Software or use of the Service (iii) your logging on to the Screama administration portal (iv) providing your credit card number and billing information (v) making payment for the Solution, or (vii) ticking the checkbox on the website or administration portal to confirm that you have read, understood and agree to the terms and conditions.

Copyright and Licenses: The entire contents of this Agreement, the Solutions and the Screama website are copyrighted under the United Kingdom copyright laws. The owner of the copyright is Screama Limited. The copyright notices and other proprietary legends shall not be removed from the Solutions and no right to use any trademark is granted under this Agreement.

 

SCREAMA SOLUTIONS

This Agreement applies to the use of the Solutions comprising but not limited to (i) the Screama Administration Portal – a web based content management system (ii) the downloadable Screama desktop or server add-in software that is installed on your computer(s) and which operates in conjunction with your email software and (iii) the Screama HTML code that you install on your website which works in conjunction with the Screama portal system.

 

REGISTRATION PROCEDURES & DELIVERY

Upon signing up for the Solution, you agree to provide true, accurate, current and complete name, contact information and other data to Screama and at subsequent times as requested by Screama. If you provide information that is, or that Screama suspects to be, false, inaccurate, not current or incomplete, Screama has the right to suspend or cancel your Account and refuse any and all current or future use of all Solutions, or any portion thereof. At all times, you shall maintain and promptly update registration data as applicable.

 

Upon completion of all registration information and acceptance of this Agreement and where applicable upon receipt of payment, Screama will setup your Account and provide access to the Solutions. This process can take up to 24 hours although typically it takes a matter of minutes from receipt of payment. You are solely responsible for maintaining the confidentiality of your password and at all times, you will be solely responsible and liable for all transactions and activities that occur as a result of your disclosure of such password even if such transactions and/or activities were not authorised by you. You shall immediately notify Screama if any unauthorised use of your Account has occurred or of any other breach of security. In no event shall Screama be liable for any unauthorised activities with your Account.

 

CUSTOMER REPRESENTATIONS

You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the country, state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You represent and warrant that your name, contact information and other registration information are true and correct. You agree to be financially responsible for your use of the Solutions.

 

AUTHORISED USES; PROHIBITED USES

You agree (i) to use the Solution only for lawful purposes and (ii) that you shall not, at any time, use the Solution for any abusive purpose or in any way which interferes with our ability to provide Solution to other customers, prevents or restricts other customers from using the Solution, or damages any Screama or other customer's assets. Specifically, you agree to each of the following:-

 

  • You shall be solely responsible for any content delivered by the Solution;
  • You shall not use the Solutions to create or distribute any images, sounds, messages or other materials which are obscene, harassing, racist, malicious, fraudulent, infringing or libellous, nor use the Solutions for any activity that may be considered unethical or immoral or that violates any third party's rights;
  • You will abide by all rules, regulations, procedures and policies of Screama and any policies of all third-parties' networks associated with the Solutions (e.g. your internet Solution provider) and you shall not interfere with or disrupt such networks;
  • You shall not attempt to gain unauthorised access to the Solution, other accounts, computer systems or networks connected to the Solution, through password mining or any other means:
  • You shall not interfere with another customer's or third-party’s use and enjoyment of the Solution or use the Solution in any manner which disrupts, prevents or restricts any other customer from using the Solution.

Your use of the Solution is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws and false advertising). You are solely responsible for all acts or omissions that occur under your Account and password, including the delivery of content through the Solution. By way of example, and not as a limitation, you agree not to:-

 

  • Use the Solution in violation of any UK or US law regarding the transmission of technical data exported from the United Kingdom.
  • Use the Solution in connection with chain letters, junk email, voice mail, faxes, spamming or any duplicative or unsolicited messages (commercial or otherwise).
  • Harvest or otherwise collect information about others, including email addresses, without their consent.
  • Transmit any material that contains viruses, time bombs, trojan horses, worms, or any other programs that may be harmful or dangerous.
  • Create a false identity (i.e., "ID Spoofing") or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message.
  • Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademarks, copyrights or moral / publicity rights.

 

Please be aware that, in accordance with the Digital Millennium Copyright Act, it is the policy of Screama to cancel, in appropriate circumstances, the Account of any user who is a repeat infringer of the copyrights of third-parties. However, Screama reserves the right to cancel or suspend your rights to use the Solution for only a single infringement, and may or may not in Screama's sole discretion, attempt to contact you prior to such termination or suspension.

 

SCREAMA’S PROPRIETARY RIGHTS

Screama owns and shall at all times retain sole and exclusive right, title and interest to the Solution, including all copyrights, trademarks, patents and all other intellectual property rights thereto, including without limitation all technology used in connection with or provided as part of the Solutions. All rights not expressly granted under this Agreement are retained by Screama. Any new features provided by Screama that augment or enhance the current Solutions shall also constitute "Solutions" and shall be subject to these terms and conditions.

 

You may not, and shall not allow any third party to, copy, distribute, sell, resell, license, sub-license, reproduce, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Solutions and/or any of Screama's technology or software for any purpose whatsoever. You also shall not allow any third party to access the Solutions for any purpose whatsoever.

 

BILLING, PAYMENT & CHARGEBACKS

You shall pay Screama’s current charges for all use of the Solutions as such charges are in effect from time to time. You can find specific details regarding your subscription, including, without limitation, the current fees for your subscription, at anytime by clicking on the "Account" tab in your Screama portal located at http://admin.email-smart.com. You shall be liable to pay for all Solutions ordered through your User ID and Password.

Prior to using any Solutions, you must provide us with the applicable payment using a credit or debit card. We accept most commonly used credit cards. In some circumstances we will accept alternative payment methods by special arrangement and agreement and in such circumstances the terms and conditions below, relating to credit card payment, shall apply to the method of payment agreed

When subscribing to a Solution you shall provide accurate and complete payment information and you hereby agree that by submitting that information to us, you authorise us to charge your credit card at our convenience but within thirty (30) days of credit card authorisation.

You agree to pay all applicable fees and charges incurred in connection with your subscription for a Solution at the rates in effect when the charges were incurred. IF SCREAMA DOES NOT RECEIVE PAYMENT FROM YOUR CREDIT CARD ISSUER OR ITS AGENT, YOU AGREE TO PROMPTLY PAY ALL AMOUNTS DUE UPON DEMAND BY SCREAMA OR ITS AGENTS. AS BETWEEN YOU AND SCREAMA, YOU ARE RESPONSIBLE FOR PAYING ANY AMOUNTS FOR PURCHASES BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHO HAD ACCESS TO YOUR CREDIT CARD OR CREDIT CARD NUMBER WHETHER OR NOT SUCH AMOUNTS WERE AUTHORISED BY YOU. You are solely responsible for paying any taxes which may be imposed on your subscription, including, without limitation, sales, value-added or use taxes.

As a subscriber, you agree that we are permitted to charge your credit card the appropriate subscription fee, any applicable sales tax and any other charges you may incur in connection with your use of the Solution (collectively, the "Solution Fee"). The Solution Fee will be billed automatically to your credit card unless and until you cancel your subscription. All fees and charges are non-refundable. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may access the secure payment service in order to edit your credit card information by clicking on the "Account" tab in your Screama portal.

Unless you cancel or we terminate your subscription in accordance with this Agreement, your subscription to the Screama Solution will be automatically renewed for successive terms. For your convenience, we will charge the then-current subscription fee to the credit card you provide to us during registration (or to a different credit card if you have changed your account information in accordance with this Agreement). If we have agreed to payment by an alternative method,  you must ensure that payment has been received by us in advance of the renewal date. Failure to do so may result in suspension of service.

Notwithstanding anything herein to the contrary, we have the right to change our prices and billing methods applicable to the Solutions from time to time and such changes are effective immediately upon posting on the Screama website or by email delivery to you; provided that if we have increased the fee for your renewal subscription, we will use commercially reasonably efforts to notify you of such increase, at the e-mail address you have provided to us, at least ten (10) days prior to renewal so that you have an opportunity to cancel your Solution.

You agree that any discrepancies appearing on your credit card statement will be deemed accepted by you for all purposes unless you notify Screama of any such discrepancies within twenty (20) days after they first appear on such statement. You hereby release Screama from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within twenty (20) days of its first appearance on a credit card statement.

Time is of the essence for payment. Therefore, without prejudice to Screama‘s other rights and remedies, you agree to pay us interest at the lesser of (a) 18% per annum or (b) the highest amount allowed by law for any amounts unpaid as of the due date. Acceptance of late or partial payments (even if marked "Paid in Full") shall not waive any of our rights to collect the full amount due under this Agreement. We may charge an additional fee of fifty pounds (£50) for any cheque returned for non-payment. Notice of any disputes must be in writing and received by us at our then-current principal business address as provided on our website within thirty (30) days after the invoice date or you will waive any objection.

Notwithstanding the above, in the event that you fail to make a subscription payment, we reserve the right to suspend the Service and in the event that you fail to pay for a protracted period we may also cancel the Service.

Customers with past due balance on previous or multiple accounts will be charged the full balance upon opening a new account or updating their credit card on file.

All charges are stated exclusive of VAT which will be applied at the prevailing rate.
 
Chargebacks. Screama strongly discourages the use of chargebacks. If you believe your Account has been created fraudulently or in error, you must follow the following procedures no later than 3 days after you first discover the Account was fraudulently or erroneously created: (1) you must contact via email our customer support department using the contact form on the Screama website. The subject line of the contact form must state "Chargeback" and you must provide the following information: (a) your name, contact information, the Screama Account Number and the email address of your Screama Administrator (b) the date that the Account in question was created, (c) the credit card account number used to open the Account, and (d) the total amount charged to the Account. Our customer support representatives will contact you to attempt to resolve the matter. If you take any action to reverse your Account charges with your credit card company without first following both of the procedures set forth herein, we reserve the right to take legal action against you for damages, including, among other things, fraud.

 

SUPPORT

In the event that you have a problem in using the Solution or identify a problem or bug in the Software or Service, you must advise Screama by sending an email either directly to support@screama.com or by completing the contact form on the Screama website. Please make sure that you supply all relevant information about the problem. We will endeavour to respond to your enquiry within 48 hours of receipt of your email. Email support is provided free of charge to all of our fee paying customers.

If you have purchased a Support Contract this will be subject to a separate service level agreement (please contact Screama for more details).

From time to time Screama may advise you that a new version of the Software has been released and we recommend that you install the new Software. Screama shall only provide support for the current release or one earlier release of the Software. Note that in some circumstances unsupported versions of the Software may not function properly with the Service.

 

FAIR USE

Your use of the Solution is subject to fair and reasonable use in relation to the storage of content and the storage of transaction data for example in relation to reports. The Company considers fair use of the Solution to be, for a paid Solution plan, one hundred fifty-percent (150%) of average monthly customer storage consumption for all such plan customers and, for all free plans or trials, fifty percent (50%) of the average monthly customer storage consumption for the lowest / least expensive paid Solution plan customers. Screama reserves the right to immediately disconnect, suspend or modify your Solution if Screama determines, in its sole discretion, that your use of the Solution violates this fair use policy.

 

LICENSE RIGHTS

In consideration of your payment of the Solution Fee and subject to the terms and conditions of this Agreement, Screama hereby grants you during the term of this Agreement a non-exclusive, non-transferable, revocable license and right to download onto one or more of your computer processing units Screama's Software and the related documentation and the right to use the Service to the extent, and only to the extent, necessary to operate and use the Solution solely for your business operations and provided that at not time shall the number of users with access to or who are using the Software exceed the number of Permitted Users and provided that at no time the number of employees administering the Service shall exceed the number of Permitted Administrators. The number of Permitted Users and Permitted Administrators is specified in the Screama pricing plan to which you have subscribed.

You do not have the right or authority to make any enhancements, modifications or derivative works of, from or involving the software and you may not, under any circumstances, copy (other than for the purposes specified in this Agreement), distribute, sell, resell, license, sub-license, reproduce, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the software. This non-exclusive license is personal to you and may not be transferred or assigned.

If the Software is provided as an upgrade patch or update to an earlier licensed version of the Software, you must have a valid licence to operate the earlier release of the Software prior to installation or use of the upgrade or update.

 

DELIVERY & RISK

The Software shall be deemed to have been accepted by you when you download the Software from the Screama website or when you install the Software whichever is the sooner. Risk of, loss of, or damage to the Software shall pass to you at installation.

Subject to providing you with reasonable prior notice Screama may during the term of this Agreement and during the Customer’s normal business hours, visit your premises to verify that the use of the Solution is within the terms of the Licence.

 

INTERNATIONAL USE

Screama makes no representation that materials on its web site(s) are appropriate or available for use in locations outside the United Kingdom, and accessing them from territories where their contents are illegal is prohibited. You agree to comply with all applicable foreign and domestic laws, rules and regulations regarding the transmission of technical data exported from or imported to the United Kingdom or the country in which you reside. You hereby release and agree to hold harmless Screama from and against any damages or liabilities of any kind related to your violation of any United Kingdom and international laws, rules and regulations in connection with your use of the Solutions.

 

CANCELLATION

You may cancel this agreement at any time by giving notice to Screama by email. We will endeavour to process your request and in particular cease automatic collection of subscription fees within 48 hours of receipt of your email. Please note that as per the terms of this Agreement we do not offer refunds in any circumstances.

Screama reserves the right to immediately disconnect or modify your Solution if Screama determines, in its sole discretion that your use of the Solution is or at any time did violate this Agreement.

Any free Solutions provided by Screama that involve creating a unique Account are personal to you and you are only allowed one free Screama Account. If Screama determines, in its sole discretion, that multiple free Accounts have been created by you, Screama reserves the right to immediately disconnect or modify any or all of your Accounts.

To maintain or improve the Solutions, to prevent fraud, or for any other reason determined by Screama, at its sole discretion, Screama may restrict, suspend, cancel or modify your Solution with or without notice.

Upon any cancellation in accordance with the foregoing, Screama may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files, information, or the Solutions.

Screama shall not be liable to you or any third party for any reason for cancelling your use or access to Solutions.

If you or Screama cancels your right to use the Solution, you shall not be entitled to any refund or pro ration of any pre-paid amounts or credits.

 

WARRANTY DISCLAIMER

THE SOLUTIONS PROVIDED HEREUNDER ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND SCREAMA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED KINGDOM.

SCREAMA MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SOLUTIONS ARE FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SOLUTIONS SHALL BE BORNE SOLELY BY YOU.

SCREAMA MAKES NO WARRANTY ON UP-TIME, MEAN-TIME BETWEEN FAILURES OR QUALITY OF SOLUTION (INLCUDING USE OF THE SOFTWARE).

SCREAMA MAKES NO WARRANTY THAT THE SOLUTIONS WILL MEET YOUR REQUIREMENTS, OR THAT THE SOLUTIONS WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SOLUTIONS WILL BE CORRECTED.

SCREAMA IS NOT RESPONSIBLE FOR SCREAMA CONTENT OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SOLUTIONS OR THE INTERNET IN GENERAL.

SCREAMA DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SOLUTIONS OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SOLUTIONS. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SOLUTIONS ARE AT YOUR SOLE RISK AND DISCRETION AND SCREAMA WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR BUSINESS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SCREAMA, IT'S EMPLOYEES, OR THROUGH OR FROM THE SOLUTIONS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

ALTHOUGH EVERY EFFORT IS MADE TO ENSURE THAT THE PORTAL SYSTEM AND DATA STORAGE ARE SECURE, SCREAMA MAKES NO GUARANTEES OF SECURITY.

SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL SCREAMA BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR ANY OTHER THEORY OF LIABILITY. SCREAMA’S TOTAL LIABILITY FOR ANY AND ALL DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED AND CAPPED IN THEIR ENTIRETY TO THE FEES SCREAMA CHARGED YOU DURING THE ONE (1) MONTH IMMMEDIATELY PRIOR TO THE DATE THAT THE EVENTS GIVING RISE TO THE ACTION OR CLAIM FIRST OCCURRED. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY IN ANY AND ALL CIRCUMSTANCES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

 

INDEMNIFICATION

You shall indemnify and hold harmless Screama, its directors, officers, employees, shareholders, and agents from and against all liabilities, losses, costs, expenses (including reasonable attorneys' fees), and damages resulting from any negligent acts, omissions or wilful misconduct by you, your use of the Solutions and/or any breach of the terms and conditions of this Agreement by you.

 

PRIVACY

The Solutions utilise, in whole or in part, the public Internet and third party networks to transmit information and Screama Message content. Screama is not liable for any lack of privacy which may be experienced with regard to the Solution. Our website also may contain links to other web sites on the World Wide Web. We are not responsible for the privacy practices or content of these third-party web sites. We may automatically log your IP address information to gather relevant demographic data. You may occasionally be asked to provide personal information in order to view, access, or download certain documentation on our web site. If you wish to modify your personal information previously provided on our web site, or if you have questions regarding this privacy statement, the practices of this site, or your dealings with this web site, please contact us through the Screama website. You may also read the entire Screama Privacy Policy on the Screama website.

 

FUTURE CHANGES TO THIS AGREEMENT

We may change the terms and conditions of this Agreement from time to time upon delivery of electronic mail notice to you. Notices will be considered given and effective on the date sent to your registered electronic mail address. Such changes will become binding on you on the day immediately following the date the notice is emailed to you if you continue to use the Solutions. If you do not agree to the modifications, your only recourse is to cancel your Account. The modified Agreement shall supersede all previously agreed to electronic and written terms of Solution, as well as any prior versions of this Agreement. You agree that you are solely responsible for (i) making sure that your registered email account is current and functional, (ii) checking your registered electronic mail on a daily-basis, and (iii) making sure that Screama communications are not blocked or rendered undeliverable by you, your computer, any software installed on your computer, your Internet Solution provider or for any other reason.

 

COPYRIGHT INFRINGEMENT

Materials may be made available via the Solution by third parties not within our control. We are under no obligation to, and do not review content utilised with the Solution for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. If you believe any materials on the Solution infringe a copyright, you should provide us with written notice of the allegedly infringing material. Such written notice should be sent Screama’s business address which can be found on the Screama web site.

 

FORCE MAJEURE

Screama shall be excused from any delay or failure in performance hereunder, other than the payment of monies, caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, riots, war or government requirements.

 

NOTICES

Notices to you shall be effective when sent by email to the email address provided to us or, at our option, 3 days following the date deposited in the Royal Mail (via regular mail) addressed to your address as kept in our files. You are responsible for notifying us of any changes in your address. Written notice to us shall be effective when directed to our Legal Department and received at our then-current address as posted on our website. Your notice must specify your name and Account. Oral notices are not valid or effective for any purposes whatsoever.

 

GENERAL INFORMATION

THE LAWS OF THE UNITED KINGDOM, EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF THE SCREAMA SOLUTIONS, AND YOU EXPRESSLY AGREE THAT THE EXCLUSIVE JURISDICTION FOR ANY CLAIM OR DISPUTE ARISING FROM THE USE OF THE SCREAMA SOLUTIONS RESIDES IN THE UK.

In the event that any action is filed to interpret or enforce this Agreement, the most prevailing party shall be entitled to recover its costs, including expert witness fees and reasonable attorneys' fees.

If any part of this Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties' original intent, and the remaining portions shall remain in full force and effect.

You hereby consent to Screama publicizing the existence of the relationship contemplated hereunder as a part of Screama's promotional and marketing activities from time to time.

This Agreement constitutes the entire agreement between Screama and you with respect to your use of Screama Solutions and your Screama Account, and it supersedes all prior or contemporaneous communications and proposal, whether oral or written, between Screama and you with respect thereto.

The failure of Screama to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

You agree and acknowledge that any breach of the provisions regarding ownership contained in this Agreement shall cause Screama irreparable harm and Screama may obtain injunctive relief as well as seek all other remedies available in law and in equity.

You may not transfer or assign this Agreement or any of your rights under this Agreement. Any purported transfer or assignment in violation of this section is void. Subject to the foregoing, this Agreement shall be binding on and inure to the benefit of the parties, their successors, permitted assigns and legal representatives.

The provisions of this Agreement relating to intellectual property ownership, restrictions on use or disclosure of the Solutions, disclaimers of warranties, limitations of liability and indemnification shall survive termination or expiration of this Agreement for any reason.

The U.N. Convention for the Sale of Goods shall not be applicable to this license of the Solutions to you.

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

You hereby authorise Screama to use, transmit, publicize, post on its website or in any other media or publications or otherwise use, for commercial or non-commercial purposes, any communications, messages, statements, testimonials or other information that you make, deliver and/or provide to or about Screama or the Solutions.

 

Copyright 2012 Screama Limited.
Screama is the registered trade mark of Screama Limited.