-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_&_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
--- /dev/null
+Terms and Conditions of Use
+IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY WHEN PURCHASING OR ACCESSING THE LISTED SERVICES AND/OR SOFTWARE FROM LOGMEIN, INC. (“LMI INC.”) OR ITS WHOLLY OWNED SUBSIDIARY, LOGMEIN IRELAND LTD. (“LMI IRELAND”), AS APPLICABLE, (LMI INC. AND LMI IRELAND, TOGETHER REFERRED TO AS "LMI"). These terms and conditions ("Terms") govern the use and licensing by LMI of the following LogMeIn® cloud-based service(s): LogMeIn Backup®, BoldChat®, LogMeIn® CentralTM, LogMeIn Free®, LogMeIn Hamachi®, join.me®, LogMeIn Pro®, LogMeIn Rescue® or LogMeIn® Rescue+MobileTM, and any other related software or services, including the Network Console™ (each a "Service"). BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS, CLICKING THE "SUBMIT" OR "ACCEPT" BUTTONS, USING ANY OF THE SERVICES OR OTHERWISE INDICATING ACCEPTANCE OF THESE TERMS, YOU AND ANY PARTY OR ENTITY YOU ARE USING/PURCHASING THE SERVICE ON BEHALF OF (TOGETHER REFERRED TO AS "YOU" OR "YOUR"), REPRESENT AND WARRANT THAT: (I) YOU ARE AUTHORIZED TO BIND YOURSELF AND ANY OTHER PARTY ON WHOSE BEHALF YOU USE THE SERVICE AND/OR SOFTWARE AND (II) YOU AGREE 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 PURCHASE ORDER OR THE LIKE YOU 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. YOU UNDERSTAND AND AGREE THAT WHEN ORDERING OR ACCESSING LMI’S SERVICES FROM COUNTRIES LOCATED OUTSIDE OF THE UNITED STATES YOU ARE ENTERING INTO A BINDING CONTRACT WITH LMI IRELAND, NOT LMI INC., AND LMI IRELAND SHALL SERVE AS THE SELLER OF RECORD TO YOU. FOR THE AVOIDANCE OF DOUBT, ANY REFERENCES TO “LMI” IN THESE TERMS RELATED TO (i) THE SALE OF SERVICES TO CUSTOMERS LOCATED OUTSIDE OF THE UNITED STATES OR (ii) THE REPORTING AND/OR PAYMENT OBLIGATIONS IN CONNECTION THEREWITH, SHALL BE CONSTRUED AS REFERENCES TO LMI IRELAND AND NOT LMI INC.
+1. Registration
+To use the Service, You may be required to complete and submit a registration form ("Registration Form"). As part of this registration process, You agree to: (i) provide certain limited information about Yourself as prompted to do so during the registration process or thereafter by the Service (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 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 are not an appropriate subscriber or user of the Service, LMI may immediately terminate Your rights to access, receive, use and license the Service and its related software.
+When using certain Service(s) provided by LMI hereunder, it may be possible for You to exchange limited personally identifiable information (“PII”) with LMI. LMI's Privacy Policy (https://secure.logmein.com/policies/privacy.aspx) describes how PII may be collected, used and disclosed. Your assent to these Terms constitutes an express understanding and agreement that when PII is provided to LMI in connection with the Service, through the LMI website, or otherwise under these Terms, such PII will be maintained and processed in the United States by LMI or a party acting on its behalf, as LMI's Services, software and website are provided via equipment and other resources located in the United States. To ensure that Your PII is handled with due care, LMI annually certifies to the U.S. Department of Commerce that it adheres to the Safe Harbor framework developed by the U.S. Department of Commerce in coordination with the European Union. The European Union's Directive on Data Protection prohibits the transfer of personal data to non-EU countries that do not provide an "adequate" level of privacy protection. Safe Harbor certification permits a "certified" entity to transfer personal data from the EU to the United States in accordance with the EU Directive.
+2. End User Conduct
+You are solely responsible for the content of Your computer(s) and Your LMI account and any transmissions when using the Service. Your use of the Service is subject to the 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 hereby 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 use the Service 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 Service for any illegal purposes; (iv) not to delete from the Service, or its related software, documentation or any LMI website used in connection with the Service, any legal notices, disclaimers, or proprietary notices such as copyright or trademark notices, or modify any logos that You do not own or have express permission to modify; (v) not to use the Service to interfere or disrupt any other networks connected to the Service; (vi) not to use the Service 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 use the Service 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 will not attempt to gain unauthorized access to other computer systems or interfere with another user's use and enjoyment of the Service. You agree that You are responsible for all actions and inactions of Your employees and consultants and will use commercially reasonable efforts to monitor Your employees and consultants. LMI reserves the right to disable Your account or take any other action that LMI in its sole discretion deems necessary or appropriate in the event that LMI has reason to believe that You have violated the terms of this Section 2.
+3. Passwords and Security
+3.1 Certain Services provided by LMI hereunder require You to use an email address to create a username and choose a password for access to Your LogMeIn account (LMI recommends choosing a password for the Service that is different from the username and password to Your computer). You agree to carefully safeguard all of Your passwords. LMI does not maintain a database of user passwords so You are solely responsible if You do not maintain the confidentiality of Your passwords and account information. Furthermore, You are solely responsible for any and all activity that occurs under Your account. You agree to immediately notify LMI of any unauthorized use of Your account or any other suspected breach of security known to You, including if You believe that Your password and/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.
+3.2 LMI is not liable for any loss incurred by You 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 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 shall not access or use someone else's account at any time, without the permission of the account holder.
+3.3 LMI does not send emails asking for a user's LogMeIn username and password or any other username or password. To keep the Service secure, You should keep all usernames and passwords confidential.
+4. End User License Agreement
+LMI hereby grants You, pursuant to the Terms set forth herein, a royalty-free, nonexclusive, worldwide, non-transferable, right and license to access, use, execute and deploy the Service and other software associated with the Service (together, the "Licensed Programs") for the specified subscription term.
+4.1 The Licensed Programs are made available for download solely for use by You and only according to these Terms. Any reproduction, resale or redistribution of the Licensed Programs that is not in accordance with these Terms is expressly prohibited, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. The Service is owned and operated by LMI and provided to You on a subscription basis; LMI is not transferring title to the Licensed Programs to You. The license granted hereunder may not be transferred by You to any third party and is non-exclusive.
+4.2 You acknowledge that the Licensed Programs are proprietary to LMI and/or its suppliers and are protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. Therefore, You agree that You and the Contracting Party are only permitted to use the Licensed Programs as expressly authorized by LMI and these Terms. You may not remove any proprietary notices or labels from the Licensed Programs. You may not alter, modify, redistribute, sell, auction, decompile, reverse engineer, disassemble or otherwise reduce the Licensed Programs to a human-readable form. You may not reproduce, distribute or create derivative works based on the Licensed Programs without expressly being authorized in writing to do so by LMI. Further, You may not rent, lease, grant a security interest in or otherwise transfer any rights to the Licensed Programs. All rights not expressly granted in these Terms are reserved to LMI and its suppliers.
+4.3 ALL CONTENT ON WEBSITES 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. YOUAND 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.
+5. Disclaimer of Warranties
+5.1 Although LMI has attempted to provide accurate information with regard to the Service, LMI assumes no responsibility for the accuracy or inaccuracy of any information provided. Mention of non-LMI products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. Use of the Service is at Your own risk. LMI is not responsible for the images/sounds/etc. You may view or experience when accessing or viewing another party’s computer.
+5.2 ALL INFORMATION, DOCUMENTATION AND SERVICES 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 SERVICE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE. LMI MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE 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 SERVICE OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU 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 SERVICES, 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.
+6. Limitations of Damages and Liability
+6.1 YOU AGREE THAT THE CONSIDERATION WHICH LMI IS RECEIVING HEREUNDER DOES NOT INCLUDE CONSIDERATION FOR ASSUMPTION BY LMI OF THE RISK OF YOUR SPECIAL, CONSEQUENTIAL, INCIDENTAL 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 PRODUCTS OR SERVICES, LOSS OR DAMAGE TO INFORMATION OR DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LMI BE LIABLE FOR DAMAGES RESULTING FROM USE OF THE SERVICE, OR RELIANCE ON THE INFORMATION PRESENTED IN CONNECTION WITH THE SERVICE, EVEN IF LMI OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE NOT TO ASSERT ANY SUCH CLAIM AGAINST LMI OR ITS SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, OR EMPLOYEES.
+6.2 YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE 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 SERVICE DURING THE 12 MONTHS IMMEDIATELY BEFORE THE CLAIM AROSE. IN THE EVENT THAT APPLICABLE LAW LIMITS THE EXCLUSION OF IMPLIED WARRANTIES OR THE ABOVE LIMITATIONS OF LIABILITY, THE MAXIMUM AMOUNT OF EXCLUSIONS ALLOWED UNDER APPLICABLE LAW SHALL BE APPLIED.
+6.3 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.
+7. Title
+7.1 Title, ownership rights and intellectual property rights in the Service shall remain with LMI or its suppliers, as applicable. The Service is protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the Service is the property of the applicable content owner and is protected by applicable law. The licenses granted under these Terms give You no rights to such content. "LogMeIn," associated logos, and other names, logos, icons and marks identifying LMI's 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. Your use of the Trademarks except as provided in these Terms is strictly prohibited.
+7.2 LMI shall have a royalty-free, worldwide, perpetual license to use or incorporate into the Service any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You relating to the operation of the Service.
+8. Fees and Renewals
+8.1 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 provide LMI with written notice of non-renewal during the prior calendar month. Your credit card will be automatically charged the monthly fee for each month or partial month that Your monthly subscription is in effect.
+8.2 Annual Subscription by Credit Card. In the event that Your subscription to the Service is for a year and the initial 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 give LMI prior written notice of non-renewal at least thirty (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.
+8.3 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 LMI, payment shall be 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 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.
+8.4 Free Subscriptions. Notwithstanding the foregoing provisions of these Terms, Your subscription to any of LMI’s free Services do not require the payment of a subscription fee.
+8.5 Non-U.S. Customer Renewals. If You are located outside of the United States, Your subscription to LMI’s Services shall automatically renew with LMI Ireland, not LMI Inc., and LMI Ireland shall serve as the seller of record to You for any subsequent subscription renewal terms.
+8.6 No Cancellation. Notwithstanding any provision of these Terms or any course of dealing between the parties, You may not cancel, terminate or rescind a subscription during its term. All payments by You to LMI are final.
+8.7 Credit Card Authorization. In the event that You cancel the credit card provided to LMI to pay for the Service or the card is otherwise terminated, You must immediately provide LMI with a new valid credit card number. You 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 do not provide LMI with a current valid credit card number with sufficient credit upon request during the effective period of these Terms, You will be in violation of these Terms. You hereby authorize LMI to automatically update Your credit card information using software designed for updating purposes.
+8.8 Payment via PayPal®. LMI also accepts payment via PayPal. In order to pay with PayPal, You must have an account with PayPal. When You 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 personal and financial information. Your 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 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.
+8.9 SMS Messaging. If You are licensing Rescue+Mobile pursuant to these Terms, You are entitled to a combined maximum of one hundred (100) SMS text messages per seat, per month. If You exceed this combined maximum amount per seat, per month, You agree to negotiate in good faith with LMI a commercially reasonable rate per text message over one hundred (100) per seat, per month.
+8.10 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.
+8.11 Taxes. You agree to be responsible for and to pay any applicable sales, personal property, use, VAT, excise, withholding, or any other taxes that may be imposed, based on this license, use or possession of a Service, or any other product or service provided under this agreement, excluding taxes based on net income payable by LMI. If You are exempt from paying any sales, use or other taxes, You must provide LMI with appropriate evidence of tax exemption for all relevant jurisdictions.
+8.12 Trial Offers, Coupons, Credits and Special Offers. LMI reserves the right to discontinue or modify any coupons, credits and special promotional offers at its discretion.
+8.13 Information Purge. If You 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 data from its systems, including but not limited to, account information, users, settings, and any data (files, etc.) that may be stored by LMI.
+8.14 Use of join.me Conference Line. If You are licensing join.me pursuant to these Terms, the join.me conference line is free to use, but it is not a toll-free number. While LMI does not charge You for the use of the conference line, applicable roaming, data and other operator or carrier charges/fees may apply.
+9. Termination
+LMI may, in its sole discretion, immediately terminate these Terms and this subscription, license and right to use the Service if (i) You declare bankruptcy, is involved in any bankruptcy proceedings or is otherwise insolvent, (ii) You breach these Terms; (iii) LMI is unable to verify or authenticate any information You provide to LMI; or (iv) LMI decides, in its sole discretion, to discontinue offering the Service. LMI shall not be liable to You or any third party for termination of the Service or Customer’s use of the Service. Upon expiration or termination for any reason, You shall no longer be authorized to use the Service. When these Terms are terminated and/or the subscription is canceled, You will no longer have access to data and other material that You may 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.
+10. Software Modifications, Maintenance and Updates
+10.1 LMI reserves the right to modify or discontinue any Service or software for any reason or no reason with or without notice to You. LMI shall not be liable to You or any third party should LMI exercise its right to modify or discontinue a Service or software.
+10.2 LMI agrees that You shall be entitled to receive any and all standard updates and support that LMI provides to all of its users generally as part of Your subscription. Notwithstanding the previous sentence, LMI reserves the right to charge all of its users fees for any future versions of, or premium (i.e., charged for) updates to, the Service. You understand that LMI may update the Service and its related software at any time, but is under no obligation to inform You of any such updates. Unless LMI chooses to provide such updates to all of its users, these Terms do not grant You any right, license or interest in or to any premium support, maintenance, improvements, modifications, enhancements or updates to the Service, its related software or supporting documentation. To the extent that LMI supplies any updates to You, such updates will be deemed to be subject to these Terms unless LMI indicates otherwise.
+11. Export Law Assurances
+The Service and its related software 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 related software, You represent and warrant that You 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.
+12. High Risk Activities
+The Service is not fault-tolerant and is 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 aircraft communication systems, air traffic control, direct life support machines or weapon systems in which the failure of the Service 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.
+13. Indemnification
+You are responsible for maintaining the confidentiality of Your account and password(s). You are also responsible for all activities that occur under Your account. Therefore, You 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 third party demand, claims, action, suit, or loss arising as a result of (a) any breach by You of these terms of use or claims arising from Your account; (b) any fraud or manipulation by You; (c) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by You; or (d) any claims of credit card fraud based on any information released by You. You 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 at LMI's own expense.
+14. Confidentiality
+You shall maintain the confidentiality of information that has been, and will continue to be, provided to You by LMI in connection with Your use of the Service. You specifically agree to the following confidentiality terms (the “Confidentiality Terms”):
+14.1 Obligations. You shall (a) maintain in confidence all such information, including but not limited to the Service and its related software, (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 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 shall have no right, title, or interest in or to the confidential information.
+14.2 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 should reasonably believe to be confidential given the circumstances, (e) information concerning Your use of the Service, and (f) the Service itself and its associated software.
+14.3 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; (b) is or becomes generally publicly available through no wrongful act of You or any other person or entity with a confidentiality obligation; (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; (d) is approved for release in writing by an authorized representative of LMI; or (e) is required to be disclosed pursuant to a valid court order, duly authorized subpoena, or governmental authority (provided that You shall immediately give LMI written notice and an opportunity to contest such required disclosure).
+14.4 Remedies. The remedy at law for any breach of any of the covenants and agreements set forth in these Confidentiality Terms may be inadequate, so 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 further agree that these Confidentiality Terms shall in no way restrict or limit any other remedies LMI may have available at law and LMI may be entitled to recover the costs including reasonable attorney's fees, to enforce its rights under these Confidentiality Terms.
+14.5 Return of Confidential Information. Upon the written request of LMI, You shall return, or certify that You have destroyed, all information disclosed under these Confidentiality Terms and any memorandum, diagrams, or any other documents containing any information disclosed under these Confidentiality Terms.
+14.6 Enforceability. In the event any one or more of the provisions of these Confidentiality Terms shall be deemed 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.
+14.7 Application. These Confidentiality Terms 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.
+14.8 Surviving Obligations. The confidentiality obligations imposed under these Confidentiality Terms shall survive any termination, expirations, or rescission of these Terms or Your subscription term, as well as continue beyond any time in which You were using the Service.
+15. 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 (other than the Service purchased hereunder); (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; 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.
+16. Miscellaneous
+16.1 These Terms represent the complete agreement concerning the subject matter of the Terms and license granted hereunder. 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 are responsible for regularly reviewing the https://secure.logmein.com site to obtain timely notice of such amendments. You manifest intent to accept these amended terms if You continue to use the Service after such amended terms have been posted or sent to You. If You do not agree with any such amended terms You must 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.
+16.2 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 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 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.
+16.3 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.
+16.4 LMI shall have the right to publish and identify You as a user of the Service. You agree that LMI may use any logo and/or name associated with You on LMI's website and other marketing materials in order to identify You as a LMI user.
+16.5 Notices by LMI to You 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 sent by You 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.
+16.6 You agree not to bring or participate in any class action lawsuit against LMI or any of its employees or affiliates. You agree not to 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.
+16.7 You acknowledge and agree that LMI is in the business of providing remote access, remote support, collaboration and data management solutions and that LMI may provide such services to third parties, including any competitors of You, which are the same or similar to the services provided to You hereunder.
+16.8 These Terms shall be binding upon and inure to the benefit of the parties and their permitted assigns. Neither party may assign this Agreement, or assign its rights or delegate its duties hereunder (whether directly or indirectly, in whole or in part, by operation of law or otherwise) without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, LMI may assign this Agreement, without Your prior written consent in connection with a merger, acquisition, change of control or sale of substantially all of its assets (or any substantially similar transaction). Additionally, LMI may assign all or any part of the performance of this Agreement to an Affiliate Entity without Your prior written consent. For the purposes of this section, the term “Affiliate Entity” shall mean any entity that now or in the future controls, is controlled by, or is under common control with LMI.
+Copyright © 2003 – 2013 LogMeIn, Inc. All rights reserved.
projects / gentoo.git / commitdiff