SLG Mobile, Inc. Terms of Service and End User License Agreement (TOS and EULA)

This Agreement is a legal agreement between "YOU", the individual end-user, and SLG Mobile, Inc.

YOU:

PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE SERVICE.

You represent that You are at least 18 years of age and have attained the age of majority in the country in which You reside, and any information that You submit is correct.

IF YOU DO NOT fully AGREE WITH THE FOLLOWING TERMS AND CONDITIONS, YOU MUST refrain from DOWNLOADING, REGISTERING FOR AND USING the SERVICE. BY SUBSCRIBING TO OR USING THE SERVICE, YOU ACCEPT TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.

FURTHERMORE, IF YOU ARE RESIDING IN A JURISDICTION WHERE IT IS FORBIDDEN BY LAW TO USE THE SERVICE, YOU MAY NOT ENTER INTO THIS AGREEMENT.

USE OF SLGMOBILE.COM:

You are only authorized to use SLGMobile.com for the purposes related with using or gathering information about the SLG Mobile services. You are not allowed to attempt to modify any information on this site, hack it in any way or try to deny service to others. All information on the site is copyrighted and you are not allowed to republish any information found on this site without written approval from SLG Mobile. If you have any questions as to the legitimate use of this website, please contact us. SLG Mobile will prosecute all violations of this policy to the full extent allowable under the Law.

This Web Site is for your personal and non-commercial use. You are not permitted to alter, copy, distribute, make public, link with other web sites, make available to third parties, and/or use for any other purposes than the purposes mentioned in the last sentence of this paragraph, any Information obtained through this Web Site. You are not permitted to use this Web Site for wrongful acts and/or acts that are not permitted pursuant to this agreement. With due observance of the above and with due observance of this agreement, however, you are permitted either to copy the Information insofar as technically necessary to be able to consult the Web Site or to print the Information for personal, non-commercial use, as long as you copy the copyright information unaltered.
SLG Mobile periodically may update or revise the contents of this Web Site or the legal notices and terms and conditions provided herein without prior notice, and therefore you are advised to frequently consult the Web Site to be informed of any changes.

You agree not to resell or redistribute BeamSuite activation code(s) that you may purchase from slgmobile.com to any third parties. You agree that these activation code(s) are for your use or use of your organization.

BEAMSUITE SOFTWARE AS A SERVICE:

SLG Mobile provides to you BeamSuite software as a service. We have taken a unique and innovative approach to give our users advanced document attachment viewing, storing and printing capabilities all transparently available right from the BlackBerry in an easy to use fashion. All of this functionality is provided in a natural way, to which users have become accustomed on their computers, and works on virtually any BlackBerry device, not just the latest and most powerful gadget.

Please be advised that document processing occurs at the SLG Mobile servers and then the content is streamed to your BlackBerry device for viewing or printing. If documents are stored on BeamDisk then they are stored on the SLG Mobile servers. BeamSuite requires you to have a data plan and your BlackBerry must have network connectivity at the time of using the service.

GENERAL PROVISIONS:

For Client side software that you downloaded from slgmobile.com you agree to the following:

You acknowledge and agree to use the Service solely for lawful purposes. In this respect You may not, without limitation (a) post or otherwise provide to SLG Mobile any document attachments (i) which You would not have the right to view, store, print or otherwise provide to SLG Mobile in relation to the Service, or (ii) which would be threatening, obscene, pornographic, indecent, objectionable, or profane material or any other Material that could give rise to any civil or criminal liability, whether for SLG Mobile or otherwise, or give rise to a violation of this Agreement; or (b) send any unsolicited communication not permitted by applicable law, or (c) use your Account or Service in any fraudulent way.

INDEMNIFICATION:

You agree to indemnify, hold harmless and defend SLG Mobile at Your expense, against any and all third-party claims, actions, proceedings and costs, including but not limited to reasonable attorney's fees, incurred by SLG Mobile arising out of or relating to Your violation of this Agreement, applicable law or rights of any third parties and/or the misuse of the Service.

FEEDBACK:

You have no obligation to provide SLG Mobile with any data, suggestions, ideas, improvements, enhancement and written materials relating to the Service ("Feedback").

If You wish to provide SLG Mobile with any Feedback, Feedback shall be disclosed to SLG Mobile electronically, such as by emails and/or on our web site in the "contact us".

If and when You provide SLG Mobile with Feedback, You shall:

Disclose to SLG Mobile, in writing, the existence of any intellectual property rights that may cover the Feedback and that are known to You, if any;
grant SLG Mobile an irrevocable, perpetual, non-exclusive, transferable, world-wide, royalty free, paid-up license under all Your intellectual property rights, to use, reproduce, display the Feedback, perform, prepare and have prepared improvements or modifications to the Service, including but not limited to hardware and/or software works or products, based upon the Feedback ("Derived Works") and distribute, market and/or sub-license such Feedback and Derived Works thereof. You understand and agree that SLG Mobile has no obligation to use or include any Feedback in the Service.

NO WARRANTIES:

SLG Mobile shall endeavor to provide You the Service with minimum disruptions. However SLG Mobile cannot guarantee that the Service will always function without disruptions, delays or imperfections.

SLG Mobile, TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXPRESSLY disclaims any guarantee or warranty, whether implied or otherwise, in particular but without limitation, that: (1) the service WILL BE error-free or fault-free or reliable; (2) the service WILL BE suitable for a particular purpose; (3) the service will meet Your requirements; (4) defects or problems in the service will be corrected; or (5) the servers that make it available are free of viruses or other harmful components.

USER ID, PASSWORD AND SERVICE ACCOUNT:

You will select a User Identification (User ID) which, in combination with a password that You also selected, will give You access to your service account.

You are solely responsible for giving Your own email address, keeping Your password secure, and for all activity that occurs under Your account, including all use of the Service and all charges incurred, if any (including if Your password is lost or stolen, until You have reported the loss or theft to SLG Mobile).

You understand and agree that SLG Mobile is not required to authenticate the identity of any person that uses Your account.

You agree to immediately notify SLG Mobile via e-mail to support@slgmobile.com of any unauthorized and/or fraudulent use of Your User ID, Password and/or Account. You agree to indemnify SLG Mobile against any and all third party claims and all related liabilities arising out of, or relating to, the use of Your User ID, Password and/or Account. SLG Mobile will not be liable for any damages resulting from the unauthorized and/or fraudulent use of Your User ID and/or Password and the unauthorized use of Your Account.

SLG Mobile reserves the right to change Your User ID or Password if this is in the interest of the functioning of the Service or to prevent fraudulent use of it.

POLICY ON DOCUMENTS MANAGED BY SLG MOBILE:

You are solely responsible for all document attachments that you view, print or store using our service ("Materials"). You acknowledge that SLG Mobile will do its best to protect the confidentiality, integrity and availability of your documents. However, you agree not to hold SLG Mobile liable if confidentiality, integrity and/or availability of your documents are compromised. You further represent that you have all rights necessary for you to make the grants in this section.

PRIVACY POLICY:

Our privacy policy is outlined in the separate document titled “Privacy Policy” that is available from our website. Please review it at your convenience. By clicking through this agreement you also indicate your agreement to the terms and conditions as outlined in the “Privacy Policy” document.

REFUND POLICY:

Once you sign up for the BeamSuite service you cannot receive a refund. Please try BeamSuite before you buy the subscription. You are eligible to receive a 10 day free trial.

CANCELLATION POLICY:

Once you sign up for the BeamSuite service you cannot cancel your subscription. Please try BeamSuite before you buy the subscription. You are eligible to receive a 10 day free trial.

NOTICES:

We may, and You authorize us, to send email to You for notices, communications and agreements, and for online surveys about the Service.

You also agree to download and print for Your records any electronic notices, alerts, communications and agreements provided or identified to You.

MODIFICATIONS:

SLG Mobile reserves the right to change the terms, conditions, and notices under which the Service is provided. SLG Mobile may modify, supersede or terminate the Agreement, for any reason, at any time, and without notice, by posted updated agreement on its web site, or by other reasonable means SLG Mobile may determine. You must review this Agreement on a regular basis on the SLG Mobile website at http://www.slgmobile.com. If You do not agree with the changes, You may stop using the Service. Your continuing use of the Service will otherwise indicate Your agreement on the changed terms of use.

INTELLECTUAL PROPERTY RIGHTS:

All intellectual property rights regarding the Service, including but not limited to the software and related documentation developed and/or owned by SLG Mobile shall be and shall remain the sole property of SLG Mobile. The providing of the Service does not imply any transfer of intellectual property rights.

You shall only obtain a non-exclusive and non-transferable right for the use of the Service. You commit Yourself to adhere strictly to any conditions laid down in this Agreement or imposed in any other way.

SLG Mobile may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering the Service. Our providing You with the Service does not give You any license to our intellectual property. Any rights not expressly granted herein are reserved.

THIRD PARTY SOFTWARE LICENSE INFORMATION:

BeamSuite client side software uses the open source cryptography software developed by the Legion of Bouncy Castle (http://bouncycastle.org). The copyright and license for this software is as follows:

Copyright (c) 2000 - 2006 The Legion Of The Bouncy Castle (http://www.bouncycastle.org)

Permission is hereby granted, free of charge, to any person obtaining a copy of this software (BouncyCastle) and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

SUPPORT / UPDATES:

You agree that support, maintenance and updates to the service may be provided to You or notified to You electronically by email or on our web site.

SLG Mobile shall have sole discretion to determine the extent of support, if any, that SLG Mobile provides in connection with the Service. SLG Mobile shall have no responsibility or liability as a result of any failure to provide support.

TERM AND TERMINATION:

The Agreement will be effective as of the date of Your acceptance thereof, and will remain effective until terminated by either party as set forth in this Agreement.

You may terminate the Agreement at any time by un-installing BeamSuite and ceasing to use the service.

SLG Mobile may terminate the Agreement at any time, with or without cause and without recourse to the courts, by providing notice to You and/or preventing Your access to Your Account and to the Service.

Upon termination of the Agreement for any reason all licenses and rights to use the Service shall terminate and You will cease any and all use of the Service.

All provisions which must survive in order to give effect to their meaning shall survive any expiration or termination of the Agreement, including without limitation, all of Your representations, warranties and indemnification obligations.

LIMITATION OF LIABILITY:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SLG MOBILE EXPRESSLY EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF USE, DATA OR PROFITS, DELAYS OR BUSINESS INTERRUPTIONS, AND ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, MAINTENANCE, USE, MISUSE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SERVICE WHATSOEVER, WHETHER OR NOT SLG MOBILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Without limiting the foregoing, SLG Mobile shall under no circumstances be held liable for any delay or failure in performance resulting directly or indirectly from Force Majeure, such as acts of nature, forces, or causes beyond its reasonable control.

SLG Mobile can only be held liable for direct damages resulting from an attributable failure to perform its obligations under this Agreement.

The direct damages as meant in this article shall be limited to the amount actually paid by You for the Service during the year in which such damages occur. In no event, however, shall the total compensation for any direct damages exceed one hundred dollars.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATIONS TO THE USE OF THE SERVICE:

The Service may become unavailable and inaccessible at any time without notice, both for reasons controlled by SLG Mobile and for reasons not controlled or determined by SLG Mobile.

SLG Mobile reserves the right to modify, suspend, or permanently terminate the Service for any reason, at any time.

SEVERABILITY:

This Agreement constitutes the entire agreement between YOU and SLG Mobile and supersedes all prior and contemporaneous agreements and understandings, whether oral or written. In the event any provision of this Agreement would be found invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall in no way be affected or impaired.

GOVERNING LAW:

This Agreement and all disputes arising out of or relating to this Agreement or the use of the Service, shall be governed by, and construed and interpreted in accordance with Laws of the State of Delaware.

JURISDICTION:

The Courts of Delaware, USA shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to this Agreement.