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authorSimone Scanzoni <nonno.cicala@libero.it>2018-08-14 19:27:47 +0200
committerMichał Górny <mgorny@gentoo.org>2018-08-14 19:46:31 +0200
commitefaa18f281a21f2b339827348cb796ecd6addeb0 (patch)
tree8d4abefd8ec64e6c3aa2b72bb54e8bd32cef2c38 /licenses/LogMeIn
parentnet-vpn/logmein-hamachi: pruned unfetchable version (diff)
downloadgentoo-efaa18f281a21f2b339827348cb796ecd6addeb0.tar.gz
gentoo-efaa18f281a21f2b339827348cb796ecd6addeb0.tar.bz2
gentoo-efaa18f281a21f2b339827348cb796ecd6addeb0.zip
net-vpn/logmein-hamachi: version bump, LICENSE update, ebuild cleanup
Closes: https://bugs.gentoo.org/661688 Closes: https://github.com/gentoo/gentoo/pull/9298 Package-Manager: Portage-2.3.40, Repoman-2.3.9
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diff --git a/licenses/LogMeIn b/licenses/LogMeIn
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-Terms and Conditions of Use
-
-IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY WHEN YOU
-(HEREAFTER, "YOU" OR "YOUR") ARE ORDERING OR ACCESSING THE LISTED
-SERVICES AND/OR SOFTWARE FROM LOGMEIN, INC. ("LMI"). These terms
-and conditions ("Terms") govern the use and licensing by LMI of the
-following LogMeIn® service(s) and related software: (LogMeIn Backup®,
-LogMeIn® Central™, LogMeIn Free®, LogMeIn® Ignition™, LogMeIn IT
-Reach®, LogMeIn® Mac, LogMeIn Pro®, LogMeIn Pro2®, LogMeIn Rescue®,
-LogMeIn® Rescue+Mobile™, LogMeIn Hamachi®, LogMeIn Hamachi2® and
-any other related software or services) (the "Service") and the Network
-Console™ software (the "Software" and together with the Service, the
-"Products"). BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS, CLICKING
-THE "SUBMIT" OR "ACCEPT" BUTTONS, SIGNING, USING ANY OF THE PRODUCTS OR
-OTHERWISE INDICATING YOUR ACCEPTANCE OF THESE TERMS, YOU REPRESENT AND
-WARRANT THAT YOU: (I) ARE AUTHORIZED TO SIGN FOR AND BIND YOURSELF AND
-ANY OTHER PARTY ON WHOSE BEHALF YOU USE THE SERVICE AND/OR SOFTWARE (THE
-"CONTRACTING PARTY") AND (II) AGREE FOR YOURSELF AND THE CONTRACTING PARTY
-TO BE BOUND BY ALL OF THESE TERMS (INCLUDING THE DISCLAIMER OF WARRANTY
-AND LIMITATION OF LIABILITY SECTIONS SET FORTH BELOW) TO THE EXCLUSION
-OF ANY OTHER RIGHTS AND OBLIGATIONS, SUCH AS ANY RIGHTS, OBLIGATIONS OR
-OTHER TERMS LISTED ON A PURCHASER ORDER OR THE LIKE YOU OR THE CONTRACTING
-PARTY MAY PROVIDE LMI AND YOU AGREE THAT ANY SUCH RIGHTS, OBLIGATIONS OR
-OTHER TERMS LISTED ON SUCH PURCHASE ORDER OR THE LIKE ARE HEREBY NULL
-AND VOID. LMI reserves the right, exercised in its sole discretion, to
-change, modify, add, or delete portions of these Terms at any time in
-accordance with the procedures set forth below in the section labeled
-"Modifications".
-
-1. Registration
-
-To use the Products, You and/or the Contracting Party may be required
-to complete and submit a registration form ("Registration Form"). As
-part of this registration process for, You and the Contracting Party
-agree to: (i) provide certain limited information about Yourself and
-the Contracting Party as prompted to do so by during the registration
-process or thereafter by the Products (such information to be current,
-complete and accurate) and (ii) maintain and update this information
-as required to keep it current, complete and accurate. The information
-requested at the time of the original signup shall be referred to
-as registration data ("Registration Data"). You may not register for
-any Service if You are under 18 years of age. By registering, You and
-the Contracting Party represent to LMI that You are 18 years of age or
-older. If LMI discovers that any of Your Registration Data is inaccurate,
-incomplete or not current, or if LMI determines, in its sole discretion,
-that You or the Contracting Party are not an appropriate subscriber or
-user of the Products, LMI may terminate all rights to access, receive, use
-and license the Products, Service and Software immediately upon notice.
-Your and the Contracting Party's assent to these Terms constitutes your
-express understanding and agreement that when personal data is provided
-to LMI, such data will be processed in the United States. Any personal
-data collected from or about users or licensees in connection with the
-Service or Products, through the LMI website, or otherwise under these
-Terms, will be maintained and processed in the United States by LMI or
-a party acting on its behalf, as LMI's Services, Products and website
-are provided via equipment and other resources located in the United
-States. LMI's Privacy Policy describes how personally identifiable
-information may be collected, used and disclosed.
-
-2. Conduct
-
-You and the Contracting Party are solely responsible for the content
-of Your computer(s) and Your LMI account and any transmissions when
-using the Products. LMI does, however, reserve the right to take
-any action with respect to the same that LMI in its sole discretion
-deems necessary or appropriate. The use of the Products by You and the
-Contracting Party is subject to the end user license terms set forth
-herein and all applicable laws, rules and regulations, including local,
-state, national and international laws, rules and regulations (including
-without limitation those governing account collection, export control,
-consumer protection, unfair competition, anti-discrimination or false
-advertising). You and the Contracting Party agree: (i) to comply with
-all applicable laws, rules and regulations, including local, state,
-national and international laws, rules and regulations (including
-without limitation those governing account collection, export control,
-consumer protection, unfair competition, anti-discrimination or false
-advertising); (ii) not to post, distribute, or otherwise make available
-or transmit any software or other computer files that contain a virus,
-trojan horse, worm or other harmful or destructive component; (iii) not
-to use the Products for any illegal purposes; (iv) not to delete from
-the Products, Software, documentation or any web site used in connection
-with the Products, any legal notices, disclaimers, or proprietary notices
-such as copyright or trademark notices, or modify any logos that You or
-the Contracting Party do not own or have express permission to modify;
-(v) not to interfere or disrupt networks connected to the Service; (vi)
-not to use the Products to infringe any third party's copyright, patent,
-trademark, trade secret or other proprietary rights or rights of publicity
-or privacy; and (vii) not to transmit any unlawful, harassing, libelous,
-defamatory, racist, indecent, abusive, violent, threatening, intimidating,
-harmful, vulgar, obscene, offensive or otherwise objectionable material
-of any kind or nature. You and the Contracting Party will not attempt
-to gain unauthorized access to other computer systems or interfere with
-another user's use and enjoyment of the Products. The Contracting Party
-agrees it is responsible for all actions and inactions of its employees
-and consultants and will use commercially reasonable efforts to monitor
-its employees and consultants.
-
-3. Modifications
-
-LMI may amend these Terms at any time by (i) posting a revised Terms
-document on or accessible through https://secure.logmein.com and/or (ii)
-sending information regarding the Terms amendment to the email address
-You may be required to provide to LMI. You and the Contracting Party are
-responsible for regularly reviewing the https://secure.logmein.com site
-to obtain timely notice of such amendments. You and the Contracting Party
-manifest intent to accept these amended terms if You or the Contracting
-Party continues to use any of the Products after such amended terms
-have been posted or sent to You or the Contracting Party. If You or the
-Contracting Party do not agree with any such amended terms You shall
-notify LMI during the 30 day period after such amended terms have been
-posted and at the end of such 30 day period these Terms shall be deemed
-terminated unless LMI agrees to waive such amended terms to which You
-object. Otherwise, these Terms may not be amended except in writing signed
-by both parties. Further, LMI reserves the right to modify or discontinue
-any Product for any reason or no reason with or without notice to You or
-the Contracting Party. LMI shall not be liable to You or the Contracting
-Party or any third party should LMI exercise its right to revise these
-Terms or modify or discontinue a Product.
-
-4. Passwords and Security
-
-4.1 As part of the registration process described above for each Service
-with the exception of LogMeIn Hamachi or LogMeIn Hamachi2 services,
-You and the Contracting Party must use Your email address as Your
-user name and choose a password for access to Your account and to Your
-designated computers (You should choose a password for the Service that
-is different from the username and password to Your computer). You
-and the Contracting Party agree to carefully safeguard all of Your
-passwords. You and the Contracting Party are solely responsible if
-You or the Contracting Party do not maintain the confidentiality of
-Your passwords and account information. Furthermore, You and the
-Contracting Party are solely responsible for any and all activity
-that occurs under Your account. You and the Contracting Party agree
-immediately to notify LMI of any unauthorized use of Your account or
-any other breach of security known to You or the Contracting Party,
-including if You or the Contracting Party believe that Your password or
-account information has been stolen or otherwise compromised. Access to,
-and use of, password-protected and/or secure aspects of the Service is
-restricted to authorized users only. Unauthorized individuals attempting
-to use the Service may be subject to prosecution. 4.2 LMI is not liable
-for any loss incurred by You or the Contracting Party, resulting from
-another's use of Your password, account, or public / private key,
-as may be applicable, either with or without Your knowledge. However,
-You and the Contracting Party may be held liable for losses incurred by
-LMI or another party due to another's use of Your password, account,
-or public / private key, as may be applicable, either with or without
-Your knowledge. You and the Contracting Party shall not access or use
-someone else's account at any time, without the permission of the account
-holder. 4.3 LMI does not send emails asking for a user's username and
-password or its Windows username and password or any other username or
-password. To keep the Products secure, You and the Contracting Party
-should keep all usernames and passwords confidential.
-
-5. End User License Agreement
-
-These end user license terms grant a right and license allowing You and
-the Contracting Party to use the Software and other software associated
-with the Service (together, the "Licensed Programs") under certain
-restrictions, terms and conditions (the "License Agreement"). You and the
-Contracting Party are consenting to be bound by this License Agreement
-by your use of the Products.
-
-5.1 The Licensed Programs are made available for download solely
-for use by You and the Contracting Party and only according to this
-License Agreement. Any reproduction, resale or redistribution of
-the Licensed Programs that is not in accordance with this License
-Agreement is expressly prohibited, and may result in severe civil and
-criminal penalties. Violators will be prosecuted to the maximum extent
-possible. LMI is not transferring title to the Licensed Programs to You
-or the Contracting Party. This license may not be transferred by You or
-the Contracting Party to any third party and is non-exclusive.
-
-5.2 You and the Contracting Party acknowledge that the Licensed Programs
-are proprietary to LMI or its suppliers and are protected by copyrights,
-trademarks, service marks, patents and/or other proprietary rights and
-laws. Therefore, You and the Contracting Party agree that You and the
-Contracting Party are only permitted to use the Licensed Programs as
-expressly authorized by LMI and this License Agreement. You and the
-Contracting Party may not remove any proprietary notices or labels
-from the Licensed Programs. You may copy the Licensed Programs for
-archival purposes only, provided any copy must contain all original
-proprietary notices. You and the Contracting Party may not alter, modify,
-redistribute, sell, auction, decompile, reverse engineer, disassemble or
-otherwise reduce the Licensed Programs to a human-readable form. You and
-the Contracting Party may not reproduce (except for archival purposes),
-distribute or create derivative works based on the Licensed Programs
-without expressly being authorized in writing to do so by LMI. Further,
-You and the Contracting Party may not rent, lease, grant a security
-interest in or otherwise transfer rights to the Licensed Programs. All
-rights not expressly granted in this License Agreement are reserved to
-LMI and its suppliers.
-
-5.3 ALL CONTENT ON WEB SITES AND COMPUTER PROGRAMS ASSOCIATED WITH
-THE SERVICE IS PROTECTED BY COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
-LAWS. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE
-INFORMATION OR CONTENT ON SUCH SITES MAY BE REPRODUCED IN ANY FORM,
-OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM LMI. YOU, THE
-CONTRACTING PARTY AND ANY OTHER VISITOR OR USER ARE NOT PERMITTED TO
-MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY
-MATERIAL FOUND ON SUCH SITES FOR ANY PUBLIC OR COMMERCIAL PURPOSE.
-
-6. Disclaimer of Warranties
-
-6.1 Although LMI has attempted to provide accurate information with
-regard to the Products, LMI assumes no responsibility for the accuracy
-or inaccuracy of any information provided. LMI may change the Products
-at any time without notice. Mention of non-LMI products or services is
-for information purposes only and constitutes neither an endorsement nor
-a recommendation. Use of the Products is at the Your and the Contracting
-Party's risk.
-
-6.2 ALL INFORMATION, DOCUMENTATION AND PRODUCTS PROVIDED BY LMI ARE
-PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
-OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
-OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR
-NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE
-PRACTICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LMI EXPRESSLY DISCLAIMS
-ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH
-RESPECT TO THE PRODUCTS, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW,
-CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE. LMI MAKES NO
-WARRANTY THAT THE PRODUCTS WILL MEET YOUR OR THE CONTRACTING PARTY'S
-REQUIREMENTS OR THAT THE PRODUCT WILL BE UNINTERRUPTED, TIMELY OR
-ERROR FREE, NOR DOES LMI MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
-BE OBTAINED FROM THE USE OF THE PRODUCTS OR THE ACCURACY OF ANY OTHER
-INFORMATION OBTAINED THROUGH THE PRODUCTS. YOU AND THE CONTRACTING
-PARTY UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
-OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS IS DONE AT YOUR OWN
-RISK AND THAT YOU AND THE CONTRACTING PARTY WILL BE SOLELY RESPONSIBLE
-FOR ANY DAMAGE TO ANY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
-FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO REPRESENTATION OR
-OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS
-REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE PRODUCTS,
-WHETHER MADE BY EMPLOYEES OF LMI OR OTHERWISE, WHICH IS NOT CONTAINED IN
-THIS AGREEMENT, SHALL BE DEEMED TO BE A WARRANTY BY LMI FOR ANY PURPOSE,
-OR GIVE RISE TO ANY LIABILITY OF LMI WHATSOEVER.
-
-7. Limitations of Damages and Liability
-
-7.1 YOU AND THE CONTRACTING PARTY AGREE THAT THE CONSIDERATION WHICH LMI
-IS RECEIVING HEREUNDER DOES NOT INCLUDE CONSIDERATION FOR ASSUMPTION
-BY LMI OF THE RISK OF YOUR AND THE CONTRACTING PARTY'S INCIDENTAL,
-CONSEQUENTIAL OR OTHER INDIRECT DAMAGES. LMI AND ITS SUPPLIERS SHALL NOT
-BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR OTHER INDIRECT
-DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS
-OF REPLACEMENT PRODUCT OR SERVICE, LOSS OR DAMAGE TO INFORMATION OR
-DATA ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCTS. UNDER NO
-CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL LMI BE
-LIABLE FOR DAMAGES RESULTING FROM USE OF THE PRODUCTS, OR RELIANCE ON THE
-INFORMATION PRESENTED IN CONNECTION WITH THE PRODUCTS, EVEN IF LMI OR ITS
-SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AND
-THE CONTRACTING PARTY AGREE NOT TO ASSERT ANY SUCH CLAIM AGAINST LMI OR
-ITS SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS,
-OR EMPLOYEES.
-
-7.2 YOU AND THE CONTRACTING PARTY EXPRESLY AGREE THAT YOUR USE OF THE
-PRODUCTS IS AT YOUR OWN RISK. IN NO EVENT SHALL LMI'S TOTAL LIABILITY FROM
-ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER, IN CONTRACT, TORT OR
-OTHERWISE) EXCEED THE AMOUNT YOU PAID TO LMI, IF ANY, FOR THE PRODUCTS
-DURING THE 12 MONTHS IMMEDIATELY BEFORE THE CLAIM AROSE. APPLICABLE
-LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE
-LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
-
-7.3 ALL DISCLAIMERS, LIMITATIONS OF WARRANTIES AND DAMAGES, AND
-CONFIDENTIAL COMMITMENTS SET FORTH IN THESE TERMS OR OTHERWISE EXISTING
-AT LAW (1) ARE OF THE ESSENCE OF THE AGREEMENT OF THE PARTIES, AND (2)
-SURVIVE ANY TERMINATION, EXPIRATION OR RESCISSION OF THESE TERMS.
-
-8. Title
-
-Title, ownership rights and intellectual property rights in the Products
-shall remain with LMI or its suppliers, as applicable. The Products
-are protected by copyright and other intellectual property laws and
-by international treaties. Title and related rights in the content
-accessed through the Products is the property of the applicable content
-owner and is protected by applicable law. The licenses granted under
-these Terms gives the You and the Contracting Party no rights to such
-content. "LogMeIn," associated logos, and other names, logos, icons and
-marks identifying LMI's products and services are trademarks or service
-marks of LMI (collectively the "Trademarks") and may not be used without
-the prior written permission of LMI. All other product names mentioned
-are used for identification purposes only and may be trademarks or
-service marks of their respective holders. Nothing should be construed
-as granting, by implication, estoppel, or otherwise, any license or right
-to use any Trademark without the written permission of LMI or such third
-party that may own the trademarks. Use by You and the Contracting Party of
-the Trademarks except as provided in these Terms is strictly prohibited.
-
-9. Fees and Renewals
-
-9.1 Month-to-Month Subscription by Credit Card Only. In the event that
-Your subscription to the Service is on a monthly basis, payment of the
-subscription fee will be by preauthorized credit card charge, PayPal
-charge or direct debit, and Your subscription will automatically renew
-each calendar month unless You or LMI give written (including email)
-notice of non-renewal during the prior calendar month. Your credit card
-will be charged the monthly fee for each month or partial month that
-Your monthly subscription is in effect.
-
-9.2 Annual Subscription by Credit Card. In the event that Your
-subscription to the Service is for a year and the payment is by credit
-card, PayPal charge or direct debit, Your subscription will automatically
-renew at the beginning of each subsequent anniversary year unless You or
-LMI give prior written (including email) notice of non-renewal at least
-30 days prior to the expiration of Your current year subscription. Upon
-any annual renewal, the payment arrangements in place for the prior
-subscription year shall remain in place, unless You and LMI agree
-otherwise.
-
-9.3 Annual Subscription By Invoice. In the event that Your subscription
-to the Service is for a year and the initial payment is by check or bank
-draft against an invoice from LogMeIn, payment being due within thirty
-(30) days' of the date of invoice. Additionally, Your subscription will
-automatically renew at the beginning of each subsequent anniversary
-year unless You or LMI give prior written (including email) notice
-of non-renewal at least thirty (30) days prior to the expiration of
-the current year subscription. Upon any annual renewal, the payment
-arrangements in place for the prior subscription year shall remain
-in place, unless You and LMI agree otherwise and LMI will invoice you
-accordingly.
-
-9.4 Free Subscriptions. Notwithstanding the foregoing provisions of these
-Terms, Your subscription to LogMeIn Free and to LogMeIn Hamachi or LogMeIn
-Hamachi2 that are free do not require the payment of a subscription fee.
-
-9.5 No Cancellation. Notwithstanding any provision of these Terms or any
-course of dealing between the parties, You and the Contracting Party
-may not cancel, terminate or rescind a subscription. All payments by
-You and the Contracting Party, or either of you, to LMI are final.
-
-9.6 Credit Card Authorization. In the event that You or the Contracting
-Party cancel the credit card provided to LMI or the card is otherwise
-terminated, You or the Contracting Party must immediately provide LMI with
-a new valid credit card number. You and the Contracting Party authorize
-LMI, from time to time, to undertake steps to determine whether the
-credit card number provided to LMI is a valid credit card number. In the
-event that You or the Contracting Party do not provide LMI with a current
-valid credit card number with sufficient credit upon request during the
-effective period of these Terms, You and the Contracting Party will be
-in violation of these Terms. LMI reserves the right to automatically
-update Your or the Contracting Party’s credit card information using
-software designed for updating purposes and You and the Contracting
-Party hereby authorize and approve any such updating.
-
-9.7 Payment via PayPal®. LMI also accepts PayPal for payments from PayPal
-account. In order to pay with PayPal, You or the Contracting Party need
-to have an account with PayPal. When You or the Contracting Party select
-PayPal to make payments the transaction is re-directed from LMI's site
-to PayPal's payment site. Once directed to PayPal's site, PayPal is
-charged with protecting Your and the Contracting Party's personal and
-financial information. Your or the Contracting Party's PayPal account
-and any activities related thereto are governed by PayPal's terms and
-conditions, and the information provided to PayPal in relation thereto
-will be governed by PayPal's privacy policy. When PayPal is used, Your
-and the Contracting Party's financial information is not shared with
-LMI. Once payment is complete via PayPal, PayPal will email a receipt
-for this transaction. LMI reserves the right to request proof of identity
-from any PayPal member.
-
-9.8 SMS Messaging. If You or the Contracting Party are licensing
-Rescue+Mobile pursuant to this agreement, You and the Contracting
-Party are entitled to a combined maximum of one hundred (100) SMS text
-messages per seat, per month of this agreement. If You or the Contracting
-Party exceed this combined maximum amount per seat, per month, You
-and the Contracting Party agree to negotiate in good faith with LMI a
-commercially reasonable rate per text message over one hundred (100)
-per seat, per month.
-
-9.9 Payment Due. Unless specifically provided otherwise herein, payment
-of all fees are due and payable to LMI without demand, invoicing or
-notice before the commencement of the period to which those fees apply.
-
-9.10 Taxes. You and the Contracting Party agree to be responsible for
-and to pay any sales, personal property, use, VAT, excise, withholding,
-or any other taxes that may be imposed, based on this license, use or
-possession of a Product, or any other product or service provided under
-this Agreement, excluding taxes based on net income payable by LMI.
-
-9.11 Trial Offers, Coupons, Credits and Special Offers. LMI reserves
-the right to discontinue or modify any coupons, credits and special
-promotional offers at our discretion.
-
-9.12 Information Purge. If You or the Contracting Party fail to make
-required payments regarding your account or in any other way breach these
-Terms or these Terms are terminated or expire, LMI may, at its discretion,
-purge Your or the Contracting Party’s data from its systems, including
-but not limited to, account information, users, settings, and any data
-(files, etc.) that may be stored by LMI.
-
-9.13 LogMeIn Hamachi Subscription. LogMeIn Hamachi and LogMeIn
-Hamachi2 are licensed using two distinct methods based on status as
-a commercial or non-commercial user. Commercial users are defined
-as for-profit businesses, government institutions (federal, state,
-local), educational institutions (including universities and state or
-local school systems), any individuals using the product on behalf
-of such entities or institutions and any other individual or entity
-not specifically defined as a "Non-commercial user". Non-commercial
-users are defined as individuals using the product for personal use,
-such as a gaming or family network, and non-profit institutions
-(as defined by the IRS as a 501c corporation or similarly situated
-international non-profits). Commercial users must pay LMI a monthly or
-annual subscription fee in accordance with the terms hereof in order to
-use LogMeIn Hamachi or LogMeIn Hamachi2. Non-commercial users may use
-LogMeIn Hamachi or LogMeIn Hamachi2 free of charge and without the need
-to pay any subscription fee. Prior to subscribing to LogMeIn Hamachi
-or LogMeIn Hamachi2, You/the Contracting Party will be asked to verify
-status as a commercial or non-commercial user. All final determinations
-shall be made by LMI in its sole discretion. LMI reserves the right,
-in accordance with its terms and conditions of use, to discontinue any
-subscription to LogMeIn Hamachi or LogMeIn Hamachi2.
-
-10. Termination
-
-LMI may in its sole discretion immediately terminate these Terms and this
-subscription, license and right to use any Product if (i) the Contracting
-Party declares bankruptcy, is involved in any bankruptcy proceedings or
-is otherwise insolvent, (ii) You or the Contracting Party breach these
-Terms; (iii) LMI is unable to verify or authenticate any information You
-provide to LMI; (iv) such information is or becomes inaccurate; or (v) LMI
-decides, in its sole discretion, to discontinue offering the Product. LMI
-shall not be liable to You, the Contracting Party or any third party for
-termination of the Service or use of the Products. Upon expiration or
-termination for any reason, You and the Contracting Party are no longer
-authorized to use the Products. When these Terms are terminated and/or
-the subscription is canceled, You and the Contracting Party will no longer
-have access to data and other material You or the Contracting Party have
-stored in connection with any Service and that material may be deleted
-by LMI. All disclaimers, limitations of warranties and damages, and
-confidential commitments set forth in these Terms or otherwise existing
-at law survive any termination, expiration or rescission of these Terms.
-
-11. Maintenance and Updates
-
-You understand that LMI may update the Products at any time, but is under
-no obligation to inform You or the Contracting Party of or furnish to
-You or the Contracting Party any such updates. These Terms do not grant
-You or the Contracting Party any right, license or interest in or to
-any support, maintenance, improvements, modifications, enhancements
-or updates to the Products or supporting documentation. To the extent
-that LMI supplies any updates to You or the Contracting Party, such
-updates will be deemed to be subject to the terms of these Terms unless
-LMI indicates otherwise. LMI reserves the right to charge fees for any
-future versions of, or updates to, the Products.
-
-12. Export Law Assurances
-
-The Products are subject to the United States Export Administration
-Regulations. No Software or Service may be downloaded, used or exported
-(i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan,
-Syria, or any other country to which the United States has embargoed
-goods; or (ii) any person or entity on the United States Treasury
-Department's list of Specially Designated Nationals or the U.S. Commerce
-Department's Denied Persons List or Entity List, or otherwise designated
-as prohibited from receiving U.S. exports. By subscribing to the Service
-or using any of the Software, You and the Contracting Party represent
-and warrant that you and it are not- and are not controlled by - any
-such person or entity and are not controlled by a national or resident
-of any such country.
-
-13. High Risk Activities
-
-The Products are not fault-tolerant and are not designed, manufactured
-or intended for use or resale as or with on-line control equipment in
-hazardous environments requiring fail-safe performance, such as in the
-operation of nuclear facilities, aircraft navigation or communication
-systems, air traffic control, direct life support machines or weapon
-systems in which the failure of the Products could lead directly to death,
-personal injury or severe physical or environmental damage ("High Risk
-Activities"). Accordingly, LMI and its suppliers specifically disclaim
-any express or implied warranty of fitness for High Risk Activities.
-
-14. Miscellaneous
-
-14.1 These Terms represents the complete agreement concerning the subject
-matter of the Terms and license granted hereunder and, except as set forth
-herein, may be amended only by a writing executed by both parties. You and
-the Contracting Party understand and agree that You and the Contracting
-Party are solely responsible for periodically reviewing these Terms.
-
-14.2 These Terms shall be governed by and construed in accordance with
-the laws of the Commonwealth of Massachusetts and the laws of the
-United States, without giving effect to any principles of conflict
-of law. You and the Contracting Party agree that any action at law
-or in equity arising out of or relating to these Terms shall be filed
-only in the state or federal courts located in Boston, Massachusetts,
-and You and the Contracting Party hereby consent and submit to the
-personal jurisdiction of such courts for the purposes of litigating
-any such action. The parties specifically disclaim applicability of (i)
-the United Nations Convention on the Sale of Goods and (ii) any Incoterms.
-
-14.3 If any of the provisions of these Terms shall be unlawful, void,
-or for any reason unenforceable, then that provision shall be deemed
-severable from these Terms and shall not affect the validity and
-enforceability of any remaining provisions.
-
-14.4 LMI shall have the right to publish the identification of You and
-the Contracting Party as users of the Service. You and the Contracting
-Party agree that LMI may use any logo and/or name associated with You
-or the Contracting Party on LMI's web site and other marketing materials
-in order to identify You and the Contracting Party as LMI's customers.
-
-14.5 Notices by LMI to You or the Contracting Party may be sent to
-the email address You provide on the Registration Form or otherwise by
-any means that LMI determines in its sole discretion as likely to come
-to Your attention. All notices by You or the Contracting Party sent to
-LMI in connection with these Terms shall be in writing and sent by first
-class mail or certified mail (receipt being deemed 72 hours after postage
-and return receipt requested) or personally delivered at the address of
-LMI set forth herein.
-
-14.6 You and the Contracting Party agree not to bring or participate
-in any class action lawsuit against LMI or any of its employees or
-affiliates. You and the Contracting Party agree that you will not bring a
-claim under these Terms more than two years after the expiration of these
-Terms. The failure of LMI to partially or fully exercise any right shall
-not prevent the subsequent exercise of such right. The waiver by LMI of
-any breach shall not be deemed a waiver of any subsequent breach of the
-same or any other term of these Terms. No remedy made available to LMI
-by any of the provisions of these Terms is intended to be exclusive of
-any other remedy, and each and every remedy shall be cumulative and in
-addition to every other remedy available at law or in equity.
-
-14.7 You and the Contracting Party acknowledge and agree that LMI is
-in the business of providing remote access solutions and that LMI may
-provide services to third parties, including competitors of You and the
-Contracting Party, which are the same or similar to the services provided
-to You and the Contracting Party hereunder.
-
-15. Indemnification
-
-You and the Contracting Party are responsible for maintaining the
-confidentiality of Your account and password(s). You and the Contracting
-Party are also responsible for all activities that occur under Your
-account. You and the Contracting Party hereby agree to indemnify, defend
-and hold LMI and its affiliates, employees, officers, directors, owners,
-information providers, agents, licensees, licensors (the "Indemnified
-Parties") harmless from and against any and all liabilities, claims,
-costs, including reasonable attorneys' fees, incurred by the Indemnified
-Parties in connection with any demand, claims, action, suit, or loss
-arising as a result of (a) any breach by You or the Contracting Party of
-these terms of use or claims arising from Your or the Contracting Party's
-account; (b) any fraud or manipulation by You or the Contracting Party;
-(c) a third-party claim, action or allegation of infringement based
-on information, data, files or other content submitted by You or the
-Contracting Party; or (d) any claims of credit card fraud based on
-any information released by You or the Contracting Party. You and the
-Contracting Party agree to use best efforts to cooperate with LMI in the
-defense of any demand, claim, action or suit. LMI reserves the right to
-assume the exclusive defense of any matter subject to indemnification
-by You and the Contracting Party at LMI's own expense.
-
-16. Confidentiality
-
-You and the Contracting Party shall maintain the confidentiality of
-information that has been, and will continue to be, provided to You by
-LMI in connection with the use of the Products. You and the Contracting
-Party specifically agree as follows:
-
-16.1 Obligations. You and the Contracting Party shall (a) maintain
-in confidence all such information, including but not limited to the
-Software and Products, (b) not disclose any such information to anyone
-except Your employees, agents, and consultants on a need-to-know basis
-(and who have been informed of and acknowledge their obligation to be
-bound by the terms of these confidentiality terms), and (c) not use LMI's
-confidential information for any purpose other than that for which it is
-disclosed. All confidential information shall remain the sole property
-of LMI. You and the Contracting Party shall have no right, title, or
-interest in or to the confidential information.
-
-16.2 Confidential Information. Information considered confidential by
-LMI includes, without limitation, information of LMI relating to (a)
-matters of a technical nature such as trade secret processes or devices,
-know-how, data, formulas, inventions (whether or not patentable or
-copyrighted), specifications and characteristics of products or services
-planned or being developed, and research subjects, methods and results,
-(b) matters of a business nature such as information about costs,
-profits, pricing, policies, markets, sales, suppliers, customers,
-product plans, and business concepts, plans or strategies, (c) matters
-of a human resources nature such as employment policies and practices,
-personnel, compensation and employee benefits, (d) other information of
-a similar nature not generally disclosed by LMI to the public or other
-information You or the Contracting Party should reasonably believe the
-be confidential given the circumstances, (e) information concerning Your
-use of the Products, and (f) the Products.
-
-16.3 Exclusions. The obligations imposed by these confidentiality terms
-shall not apply to any information that (a) is proven by You to have
-been rightfully received from a third party without accompanying use
-or disclosure restrictions; or (b) is or becomes generally publicly
-available through no wrongful act of You or the Contracting Party or
-any other person or entity with a confidentiality obligation; or (c)
-is already known to You prior to the date of disclosure as evidenced by
-documentation bearing a date prior to the date of disclosure; or (d) is
-approved for release in writing by an authorized representative of LMI; or
-(e) is required to be disclosed pursuant to court order, duly authorized
-subpoena, or governmental authority (but You or the Contracting Party
-shall immediately give LMI written notice and an opportunity to contest
-such required disclosure).
-
-16.4 Remedies. The parties agree that the remedy at law for any breach of
-any of the covenants and agreements set forth in these confidentiality
-terms may be inadequate and that, in the event of any such breach or
-threatened breach, LMI shall, in addition to all other remedies which may
-be available to it at law, be entitled to equitable relief in the form of
-preliminary and permanent injunctions without the necessity of proving
-damages. You and the Contracting Party further agree that the terms of
-these confidentiality terms shall in no way restrict or limit any other
-remedies LMI may have against You and the Contracting Party. LMI shall
-be entitled to recover the costs including reasonable attorney's fees,
-to enforce its rights under these confidentiality terms.
-
-16.5 Return of Confidential Information. Upon the written request of
-LMI, You and the Contracting Party shall return, or certify that it
-has destroyed, all information disclosed under these confidentiality
-terms and any memorandum, diagrams, or any other documents containing
-any information disclosed under these confidentiality terms.
-
-16.6 Enforceability. In the event any one or more of the provisions of
-these confidentiality terms shall be invalid, illegal or unenforceable in
-any respect, the validity, legality and enforceability of the remaining
-provisions contained herein shall not in any way be affected or impaired
-thereby.
-
-16.7 Application. This Confidentiality Agreement shall control in lieu of
-and notwithstanding any proprietary or restrictive legends or statements
-inconsistent with these confidentiality terms that may be associated
-with any particular information disclosed hereunder.
-
-16.8 Surviving Obligations. The confidentiality obligations under these
-Terms shall survive any termination, expirations, or rescission of
-these Terms, as well as continue beyond any time in which You or the
-Contracting Party were using the Service.
-
-17. Force Majeure
-
-No party shall be liable for any performance failure, delay in
-performance, or lost data under these Terms (other than for delay in
-the payment of money due and payable hereunder) to the extent said
-failures or delays are proximately caused by (i) failures of Software
-or other computer programming, (ii) natural weather events, or (iii)
-any other causes beyond that party's reasonable control and occurring
-without its fault or negligence, including, without limitation, failure
-of suppliers, subcontractors, and carriers, or party to substantially
-meet its performance obligations under these Terms, provided that in
-any such event, as a condition to the claim of non-liability, the party
-experiencing the difficulty shall give the other prompt written notice,
-with full details following the occurrence of the cause relied upon.
-Copyright © 2003 – 2009 LogMeIn, Inc. All rights reserved.
+To read the latest LogMeIn Terms and Conditions, visit https://www.logmeininc.com/legal/terms-and-conditions
+
+A copy of those terms as of 2018-08-12 follows:
+
+****** Terms of Service for LogMeIn and GoTo Services ******
+This is a legal agreement between the person or organization (“Customer” or
+“you”) agreeing to these Terms of Service (“Terms”) and the applicable
+LogMeIn_Contracting_Entities (“LogMeIn,” “us,” or “we”). By
+accepting these Terms, signing an Order, or using the Services, you represent
+that you are of legal age and have the authority to bind the Customer to the
+Order, these Terms, and the applicable Service Descriptions (collectively the
+“Agreement”).
+ 1. ACCESS AND USE OF THE SERVICES.
+ o 1.1.Right to Use Services. You agree to use the Services in
+ accordance with the use levels by which we measure, price and offer
+ our Services as posted on our websites, your Order, or the Service
+ Descriptions (“Use Levels”). You may use our Services only as
+ permitted in these Terms, and your use must comply with our Privacy
+ Policy, and Anti-Spam_Policy, each of which are incorporated here.
+ We grant you a limited right to use our Services only for business
+ and professional purposes. Technical support for the Services is
+ described in the Service Descriptions. If your affiliates use our
+ Services, you warrant that you have the authority to bind those
+ affiliates and you will be liable if your affiliates do not comply
+ with the Agreement. “Services” means our software-as-a-service
+ offerings and audio services (which are offered by LogMeIn Audio,
+ LLC or Grasshopper Group LLC, the telecommunications providers
+ responsible for the rates and terms relating to the respective
+ audio services). “Service_Descriptions” includes an overview of
+ the Services, and may include service-specific additional terms.
+ The Service Descriptions are incorporated into these Terms. The
+ Services, software and websites are provided via equipment and
+ resources located in the United States and other locations
+ throughout the world and you consent to having personal data
+ processed by us in the United States and other locations throughout
+ the world.
+ o 1.2.Limitations on Use. By using our Services, you agree on behalf
+ of yourself, your users and your attendees, not to (i) modify,
+ prepare derivative works of, or reverse engineer, our Services;
+ (ii) knowingly or negligently use our Services in a way that abuses
+ or disrupts our networks, user accounts, or the Services; (iii)
+ transmit through the Services any harassing, fraudulent or unlawful
+ material; (iv) market, or resell the Services to any third party;
+ (v) use the Services in violation of our policies, applicable laws,
+ or regulations; (vi)use the Services to send unauthorized
+ advertising, or spam; (vii) harvest, collect, or gather user data
+ without their consent; or (viii)transmit through the Services any
+ material that may infringe the intellectual property or other
+ rights of third parties.
+ o 1.3. Changes to Services. We reserve the right to enhance or modify
+ features of our Services but will not materially reduce the core
+ functionality or discontinue any Services unless we provide you
+ with prior written notice. We may offer additional functionality to
+ our standard Services or premium feature improvements for an
+ additional cost.
+ o 1.4. Proprietary Rights and LogMeIn Marks. You acknowledge that we
+ or our licensors retain all proprietary right, title and interest
+ in the Services, our name, logo or other marks (together, the
+ “LogMeIn Marks”), and any related intellectual property rights,
+ including, without limitation, all modifications, enhancements,
+ derivative works, and upgrades thereto. You agree that you will not
+ use or register any trademark, service mark, business name, domain
+ name or social media account name or handle which incorporates in
+ whole or in part the LogMeIn Marks or is similar to any of these.
+ You agree to comply with our Trademark_&amp;_Copyright_Guidelines,
+ which are incorporated into this Agreement by reference.
+ 2. ORDERS, FEES AND PAYMENT.
+ o 2.1.Orders. You may order Services using our then-current ordering
+ processes (“Order”). All Orders are effective on the earlier of
+ (i) the date you submit your Order, (ii) the date you convert from
+ a services trial, or (iii)the date on the signature block of the
+ Order (“Effective Date”). Acceptance of your Order may be
+ subject to our verification and credit approval process. Each Order
+ shall be treated as a separate and independent Order. A Purchase
+ Order is required for non-credit card transactions over 10,000 USD,
+ or equivalent, unless Customer does not require a Purchase Order as
+ part of its purchasing process.
+ o 2.2.Fees and Payment. You agree to pay all applicable, undisputed
+ fees for the Services as set forth on the invoice. Except as set
+ forth in Section 3. 3below, any and all payments you make to us for
+ access to the Services are final and non-refundable. You are
+ responsible for all fees and charges imposed by your voice and data
+ transmission providers related to your access and use of the
+ Services. You are responsible for providing accurate and current
+ billing, contact and payment information to us or any reseller. You
+ agree that we may take steps to verify whether your payment method
+ is valid, charge your payment card or bill you for all amounts due
+ for your use of the Services, and automatically update your payment
+ card information using software designed to do so in the event your
+ payment card on file is no longer valid. You agree that your credit
+ card information and related personal data may be provided to third
+ parties for payment processing and fraud prevention purposes. We
+ may suspend or terminate your Services if at any time we determine
+ that your payment information is inaccurate or not current, and you
+ are responsible for fees and overdraft charges that we may incur
+ when we charge your card for payment. We will not agree to submit
+ invoices via any customer procure-to-pay online portal or
+ Electronic Data Interchange (EDI) portals. We reserve the right to
+ update the price for Services at any time after your Initial Term,
+ and price changes will be effective as of your next billing cycle.
+ We will notify you of any price changes by publishing on our
+ website, emailing, quoting or invoicing you.
+ o 2.3. Sales, Promotional Offers, Coupons and Pricing. Sales,
+ promotions and other special discounted pricing offers are
+ temporary and, upon the renewal of your subscription, any such
+ discounted pricing offers may expire. We reserve the right to
+ discontinue or modify any coupons, credits, sales and special
+ promotional offers in our sole discretion.
+ o 2.4. Disputes; Delinquent Accounts. You must notify us of any fee
+ dispute within 15 days of the invoice date, and once resolved, you
+ agree to pay those fees within 15 days. We may also suspend or
+ terminate your Services if you do not pay undisputed fees, and you
+ agree to reimburse us for all reasonable costs and expenses
+ incurred in collecting delinquent amounts.
+ o 2.5. Taxes and Withholding. You are responsible for all applicable
+ sales, services, value-added, goods and services, withholding,
+ tariffs, Universal Services Fund (USF) fees (if applicable to the
+ Audio Services only) and similar taxes (collectively, “Taxes”)
+ imposed by any government entity or collecting agency based on the
+ Services, except those Taxes based on our net income, or Taxes for
+ which you have provided an exemption certificate. We reserve the
+ right to gross up the price for Services in any invoice, or require
+ you to gross up your payment, if your withholding obligations
+ prevent us from receiving the amount specified in the Order.
+ Additionally, if you do not satisfy your Tax obligations, you agree
+ that you will be required to reimburse us for any Taxes paid on
+ your behalf, and we may take steps to collect Taxes we have paid on
+ your behalf. In all cases, you will pay the amounts due under this
+ Agreement to us in full without any right of set-off or deduction.
+ 3. TERM AND TERMINATION.
+ o 3.1. Term. Your initial term commitment for any Order (“Initial
+ Term”) will be specified in the Order, or if no term is
+ specified, your Initial Term will be 12 months from the Effective
+ Date of the Order and will automatically renew for additional 12
+ month periods (“Renewal Terms”), unless either party provides
+ notice of non-renewal of the Order 30 days before the current term
+ expires. We may agree to align the invoicing under multiple Orders
+ but this will not reduce the term of any Order. Terminating
+ specific Services does not affect the term of any other Services
+ still in effect. If we permit you to reinstate Services at any time
+ after termination, you agree that you will be bound by the then-
+ current Terms and the renewal date that was in effect as of the
+ effective termination date.
+ o 3.2. Termination for Cause.Either party may terminate the Agreement
+ (i)if the other party breaches its material obligations and fails
+ to cure within 30 days of receipt of written notice, or (ii) if the
+ other party becomes insolvent or bankrupt, liquidated or is
+ dissolved, or ceases substantially all of its business, and we may
+ suspend access or terminate immediately if you breach
+ Section 1.2, 4 or 5.
+ o 3.3. Effect of Termination. If the Agreement or any Services are
+ terminated, you will immediately discontinue all use of the
+ terminated Services, except that upon request, we will provide you
+ with limited access to the Services for a period not to exceed 30
+ days, solely to enable you to retrieve your Content from the
+ Services. We have no obligation to maintain your Content after that
+ period. Neither party will be liable for any damages resulting from
+ termination of the Agreement, and termination will not affect any
+ claim arising prior to the effective termination date. If we
+ discontinue Services in accordance with Section 1.3 above, the
+ related Order will be terminated and we will provide you with a pro
+ rata refund of any prepaid, unused fees. You agree to pay for any
+ use of the Services past the date of expiration or termination.
+ o 3.4. Survival. The provisions of Sections 2 (Orders, Fees and
+ Payment), 3.3 (Effect of Termination), 4 (Your Content and
+ Accounts), 7 (Indemnification), 8 (Limitation on Liability), 9.6
+ (No Class Actions), and 9.11 (Notices) survive any termination of
+ the Agreement.
+ 4. YOUR CONTENT AND ACCOUNTS.
+ o 4.1.Your Content. You retain all rights to your Content and we do
+ not own or license your Content. You grant us a non-exclusive,
+ worldwide, royalty-free, license to use, modify, reproduce and
+ distribute your Content, only as required to provide the Services
+ to which you have subscribed, and you warrant that (i) you have the
+ right to grant us the license, and (ii) none of your Content
+ infringes on the rights of any third party. Each party agrees to
+ apply reasonable technical, organizational and administrative
+ security measures to keep Content protected in accordance with
+ industry standards. We will not view, access or process any of your
+ Content, except: (x) as directed or instructed by you or your
+ users, or (y) as required to comply with our policies, applicable
+ law, or governmental request. You agree to comply with all legal
+ duties applicable to you as a data controller by virtue of the
+ submission of your Content within the Services. If your Content is
+ subject to EU data protection laws and is processed by us as a data
+ processor acting on your behalf (in your capacity as data
+ controller), we will use and process your Content in order to
+ provide the Services and fulfill our obligations under the
+ Agreement, and in accordance with your instructions as represented
+ in this Agreement. Notwithstanding anything to the contrary, this
+ Section 4.1 expresses the entirety of our obligations with respect
+ to your Content. “Content”means any of your, or your users’
+ or recipients’ files, documents, recordings, and other
+ information that is uploaded to your Service account for storage,
+ or used, presented or shared with third parties in connection with
+ the Service.
+ o 4.2.Your Accounts. You are solely responsible for (i) all use of
+ the Services by you and your users, (ii) obtaining consent from
+ your users to the collection, use, processing and transfer of
+ Content, and (iii) providing notices or obtaining consent as
+ legally required in connection with the Services. We do not send
+ emails asking for your usernames or passwords, and to keep your
+ accounts secure, you should keep all usernames and passwords
+ confidential. We are not liable for any loss that you may incur if
+ a third party uses your password or account. We may suspend the
+ Services or terminate the Agreement if you, your users, or
+ attendees are using the Services in a manner that is likely to
+ cause harm to us. You agree to notify us immediately and terminate
+ any unauthorized access to the Services or other security breach.
+ 5. COMPLIANCE WITH LAWS.In connection with the performance, access and use
+ of the Services under the Agreement, each party agrees to comply with all
+ applicable laws, rules and regulations including, but not limited to
+ export, privacy, and data protection laws and regulations. If necessary
+ and in accordance with applicable law, we will cooperate with local,
+ state, federal and international government authorities with respect to
+ the Services. Notwithstanding any other provision in these Terms, we may
+ immediately terminate the Agreement for noncompliance with applicable
+ laws.
+ 6. WARRANTIES. WE WARRANT THAT THE SERVICES WILL CONFORM TO THE SERVICE
+ DESCRIPTIONS UNDER NORMAL USE. WE DO NOT REPRESENT OR WARRANT THAT (i)
+ THE USE OF OUR SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR FREE, OR
+ OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR
+ DATA, (ii) OUR SERVICES WILL MEET YOUR REQUIREMENTS, OR (iii) ALL ERRORS
+ OR DEFECTS WILL BE CORRECTED. USE OF THE SERVICES IS AT YOUR SOLE RISK.
+ OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS WARRANTY WILL
+ BE, AT OUR SOLE OPTION AND SUBJECT TO APPLICABLE LAW, TO PROVIDE
+ CONFORMING SERVICES, OR TO TERMINATE THE NON-CONFORMING SERVICES OR THE
+ APPLICABLE ORDER, AND PROVIDE A PRO-RATED REFUND OF ANY PREPAID FEES FROM
+ THE PERIOD OF NON-CONFORMANCE THROUGH THE END OF THE REMAINING TERM. TO
+ THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES
+ AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE,
+ INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY,
+ SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-
+ INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
+ WARRANTIES AND CONDITIONS, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT
+ APPLY TO CUSTOMERS LOCATED IN THOSE JURISDICTIONS.
+ 7. INDEMNIFICATION. You will indemnify and defend us against any third party
+ claim resulting from a breach of Section 1.2 or 4, or alleging that any
+ of your Content infringes upon any patent or copyright, or violates trade
+ secret or privacy rights of any party, and you agree to pay reasonable
+ attorney’s fees, court costs, damages finally awarded, or reasonable
+ settlement costs with respect to any such claim. We will promptly notify
+ you of any claim and cooperate with the you in defending the claim. You
+ will reimburse us for reasonable expenses incurred in providing any
+ cooperation or assistance. You will have full control and authority over
+ the defense and settlement of any claim, except that: (i) any settlement
+ requiring us to admit liability requires prior written consent, not to be
+ unreasonably withheld or delayed, and (ii) we may join in the defense
+ with our own counsel at our own expense.
+ 8. LIMITATION ON LIABILITY.
+ o 8.1.LIMITATION ON INDIRECT LIABILITY.NEITHER PARTY WILL BE LIABLE
+ TO THE OTHER PARTY OR TO ANY OTHER PERSON FOR ANY INDIRECT,
+ SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSS, EXEMPLARY OR OTHER
+ DAMAGES, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR RELATING TO:
+ (i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY,
+ (iv) LOST PROFITS, (v) COSTS OF RECOVERY OR ANY OTHER DAMAGES,
+ HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, INCLUDING, BUT
+ NOT LIMITED TO, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
+ VIOLATION OF STATUTE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF
+ THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW
+ LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
+ CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT
+ APPLY.
+ o 8.2.LIMITATION ON AMOUNT OF LIABILITY. EXCEPT FOR YOUR BREACH OF
+ SECTIONS 1.2 OR 4 AND YOUR INDEMNIFICATION OBLIGATIONS, AND TO THE
+ EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY
+ OF EITHER PARTY AND THEIR RESPECTIVE LICENSORS AND SUPPLIERS
+ ARISING OUT OF THIS AGREEMENT IS LIMITED TO THE SUM OF THE AMOUNTS
+ PAID FOR THE APPLICABLE SERVICE DURING THE 12 MONTHS IMMEDIATELY
+ PRECEDING THE INCIDENT GIVING RISE TO THE LIABILITY. THE FOREGOING
+ DOES NOT LIMIT YOUR OBLIGATIONS TO PAY ANY UNDISPUTED FEES AND
+ OTHER AMOUNTS DUE UNDER ANY ORDER.
+ 9. ADDITIONAL TERMS.
+ o 9.1. European Union Customers. This Section 9.1 will apply only if
+ you are located in the European Union. If you want to enter into EU
+ standard contractual clauses with us as it relates to our
+ processing of your information, you may request a Data Processing
+ Addendum (“DPA”) DPA_Request_Form, and a pre-signed DPA will be
+ transmitted to you for execution.
+ o 9.2. Free Services andTrials. Your right to access and use any free
+ Services is not guaranteed for any period of time and we reserve
+ the right, in our sole discretion, to limit or terminate your use
+ of any free or basic versions of any Services by any individual or
+ entity. If you are using the Services on a trial or promotional
+ basis (“Trial Period”), your Trial Period and access to the
+ Services will terminate (i) at the end of the Trial Period stated
+ in your Order, or (ii) if no date is specified, 30 days after your
+ initial access to the Services, (iii) or upon your conversion to a
+ subscription. Following expiration of the Trial Period, the
+ Services may automatically continue unless you provide notice of
+ cancellation to us, and you are responsible for payment of the
+ applicable Fees set forth in the Order. During the Trial Period, to
+ the extent permitted by law, we provide the Services “AS IS”
+ and without warranty or indemnity, and all other terms otherwise
+ apply. We may modify or discontinue any trials or promotions at any
+ time without notice.
+ o 9.3.Third Party Features. The Services may be linked to third party
+ sites or applications (“Third Party Services”). We are not
+ responsible for and do not endorse Third Party Services. You have
+ sole discretion whether to purchase or connect to any Third Party
+ Services and your use is governed solely by the terms for those
+ Third Party Services.
+ o 9.4.Beta Services. We may offer you access to beta services that
+ are being provided prior to general release, but we do not make any
+ guarantees that these services will be made generally available
+ (“Beta Services”). You understand and agree that the Beta
+ Services may contain bugs, errors and other defects, and use of the
+ Beta Services is at your sole risk. We have no obligation to
+ provide technical support and we may discontinue provision of Beta
+ Services at any time in our sole discretion and without prior
+ notice to you. These Beta Services are offered “AS-IS”, and to
+ the extent permitted by applicable law, we disclaim any liability,
+ warranties, indemnities, and conditions, whether express, implied,
+ statutory or otherwise. If you are using Beta Services, you agree
+ to receive related correspondence and updates from us, and
+ acknowledge that opting out may result in cancellation of your
+ access to the Beta Services. If you provide feedback
+ (“Feedback”) about the Beta Service, you agree that we own any
+ Feedback that you share with us. For the Beta Services only, these
+ Terms supersede any conflicting terms and conditions in the
+ Agreement, but only to the extent necessary to resolve conflict.
+ o 9.5.Copyright. If you believe that our Services have been used in a
+ way that constitutes copyright infringement, you should follow the
+ process outlined here: https://www.logmeininc.com/legal/dmca.
+ o 9.6. No Class Actions. You may only resolve disputes with us on an
+ individual basis and you agree not to bring or participate in any
+ class, consolidated, or representative action against us or any of
+ our employees or affiliates.
+ o 9.7.Security Emergencies. If we reasonably determine that the
+ security of our Services or infrastructure may be compromised due
+ to hacking attempts, denial of service attacks, or other malicious
+ activities, we may temporarily suspend the Services and we will
+ take action to promptly resolve any security issues. We will notify
+ you of any suspension or other action taken for security reasons.
+ o 9.8.High-Risk Use. You understand that the Services (i) are not
+ designed or intended for use during high-risk activities, and (ii)
+ do not allow and should not be used for calls to emergency services
+ numbers (e.g., 911 (U.S.), or 999 and 112 (UK)). WE ARE NOT A
+ "DIAL-TONE" PROVIDER. IN THE EVENT OF AN EMERGENCY WHILE USING ANY
+ SERVICES, HANG UP AND DIAL YOUR LOCAL EMERGENCY NUMBER. YOU MUST
+ UTILIZE THE TELEPHONE SERVICE PROVIDED BY YOUR LOCAL CARRIER TO
+ MAKE AN EMERGENCY CALL.
+ o 9.9.Recording. Certain Services provide functionality that allows
+ you to record audio and data shared during sessions. You are solely
+ responsible for complying with all applicable laws in the relevant
+ jurisdictions while using recording functionality. We disclaim all
+ liability for your recording of audio or shared data, and you agree
+ to hold us harmless from damages or liabilities related to the
+ recording of any audio or data.
+ o 9.10. Assignment. Neither party may assign its rights or delegate
+ its duties under the Agreement either in whole or in part without
+ the other party’s prior written consent, which shall not be
+ unreasonably withheld, except that either party may assign the
+ Agreement to an affiliated entity, or as part of a corporate
+ reorganization, consolidation, merger, or sale of all or
+ substantially all of its assets. Any attempted assignment without
+ consent will be void. The Agreement will bind and inure to the
+ benefit of each party’s successors or assigns.
+ o 9.11.Notices. Notices must be sent by personal delivery, overnight
+ courier or registered mail. We may also provide notice to the email
+ last designated on your account, electronically via postings on our
+ website, in-product notices, or our self-service portal or
+ administrative center. Unless specified elsewhere in this
+ Agreement, notices should be sent to us at the address for your
+ applicable contracting entity, with a copy to our Legal Department,
+ 320 Summer Street, Boston, Massachusetts 02210 USA, and we will
+ send notices to the address last designated on your account. Notice
+ is given (a) upon personal delivery; (b) for overnight courier, on
+ the second business day after notice is sent, (c) for registered or
+ certified mail, on the fifth business day after notice is sent, (d)
+ for email, when the email is sent, or (e) if posted electronically,
+ upon posting.
+ o 9.12.Entire Agreement; Order of Precedence. The Agreement,
+ including your Order and related invoices for Services ordered,
+ these Terms, Service Descriptions, and a DPA if applicable, sets
+ forth the entire agreement between us relating to the Services and
+ supersedes all prior and contemporaneous oral and written
+ agreements, except as otherwise permitted. If there is a conflict
+ between an executed Order, these Terms, the DPA if applicable, and
+ the Service Descriptions, the conflict will be resolved in that
+ order, but only for the specific Services described in the
+ applicable Order. Nothing contained in any document submitted by
+ you will add to or otherwise modify the Agreement. We may update
+ the Terms from time to time, which will be identified by the last
+ updated date, and may be reviewed at Terms_of_Service. Your
+ continued access to and use of the Service constitutes your
+ acceptance of the then-current Terms.
+ o 9.13.General Terms. If any term of this Agreement is not
+ enforceable, this will not affect any other terms. Both parties are
+ independent contractors and nothing in this Agreement creates a
+ partnership, agency, fiduciary or employment relationship between
+ the parties. No person or entity not a party to the Agreement will
+ be a third party beneficiary. Our authorized distributors do not
+ have the right to modify the Agreement or to make commitments
+ binding on us. Failure to enforce any right under the Agreement
+ will not waive that right. Unless otherwise specified, remedies are
+ cumulative. The Agreement may be agreed to online, or executed by
+ electronic signature and in one or more counterparts. No party will
+ be responsible for any delay or failure to perform under the
+ Agreement due to force majeure events (e.g. natural disasters;
+ terrorist activities, activities of third party service providers,
+ labor disputes; and acts of government) and acts beyond a party’s
+ reasonable control, but only for so long as those conditions
+ persist.
+ o 9.14.Contracting Party, Choice of Law and Location for
+ ResolvingDisputes. The contracting entity, contact information, and
+ governing law for your use of the Services will depend on where you
+ are and the specific Services you have ordered, as set forth here:
+ LogMeIn_Contracting_Entities
+Last Updated: July, 2017