Service Management Group End User License Agreement

Last updated May 6, 2015

BRANDGEEK AND ITS DATA ARE FOR INTERNAL USE ONLY – SHOULD NOT BE SHARED OUTSIDE THE ORGANIZATION WITHOUT THE EXPRESS WRITTEN CONSENT OF SMG.

Please read this End User License Agreement (the “Agreement”) carefully.  It's a contract that governs your use of the SMG Website (“BrandGeek”) and associated services.  By using or accessing BrandGeek, you confirm that you agree to these terms. 

1.  What the Contract Covers.

This is a contract between named –users of the Software and Service Management Group (“SMG”) for use of BrandGeek that SMG supplies through its license with TIBCO. A named-user is where one or more identified individuals may use SMG’s proprietary and copyrighted BrandGeek and associated services.  Named-users may use BrandGeek on any computer necessary to support that named-user, so long as BrandGeek is used only by the named-user.  Named users need to be set-up and approved by SMG prior to use.

2.  Using BrandGeek.

It is the Client’s responsibility to ensure compliance with the terms of this Agreement.  The Client and its named-users shall not, directly or indirectly:

  • a)        Share BrandGeek or its data outside the organization without express written consent of SMG.      
  • b)       Use BrandGeek in a manner that infringes SMG’s copyrights, for example allowing any third party to access or view BrandGeek;
  • c)       Use BrandGeek in any manner other than its intended manner or for the benefit of any third parties;
  • d)       Perform services for third parties where BrandGeek enables, facilitates or comprises part of such service(s);
  • e)       Make any translation, adaptation, arrangement, duplication, modification, derivative work or other alteration of BrandGeek or reporting templates;
  • f)       Disable or circumvent any access control or related device, process, or procedure established with respect to BrandGeek;
  • g)       Use or access BrandGeek to prepare legal documents for any other person, and you agree to indemnify, defend and hold harmless SMG against any losses, liabilities, claims, costs or expenses, including reasonable attorney’s fees and enforcement costs arising out of or relating to any such use or access;
  • h)       Distribute, sell, share, or give away BrandGeek, or another product wholly or partially derived from the BrandGeek, or offer to do any of the foregoing;
  • i)       Assign, sell, share, lease, rent, time-share, or otherwise make all or any part of BrandGeek available for use by any third party, as a service bureau, application service provider or otherwise, without the prior written consent of SMG; and
  • j)       Decipher, decompile, disassemble or reverse engineer BrandGeek, in whole or in part.

The Client is responsible for all use of BrandGeek by its named-users and for compliance with this Agreement and any breach shall be the Client’s responsibility.  SMG reserves all rights not expressly granted to the Client.

3.  Questions

If you have any questions about this Agreement please contact: Service Management Group, 1737 McGee, Kansas City, MO 64108.