sys-devel/gcc: cut patchset 1 for live ebuilds, bug #725682

[gentoo.git] / licenses / LogMeIn

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_&_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