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diff --git a/licenses/LogMeIn b/licenses/LogMeIn new file mode 100644 index 000000000000..855e697d8803 --- /dev/null +++ b/licenses/LogMeIn @@ -0,0 +1,647 @@ +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. |