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diff --git a/licenses/LogMeIn b/licenses/LogMeIn deleted file mode 100644 index 855e697d8..000000000 --- a/licenses/LogMeIn +++ /dev/null @@ -1,647 +0,0 @@ -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. |