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+Terms and Conditions of Use
+
+IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY WHEN YOU
+(HEREAFTER, "YOU" OR "YOUR") ARE ORDERING OR ACCESSING THE LISTED
+SERVICES AND/OR SOFTWARE FROM LOGMEIN, INC. ("LMI"). These terms
+and conditions ("Terms") govern the use and licensing by LMI of the
+following LogMeIn® service(s) and related software: (LogMeIn Backup®,
+LogMeIn® Central™, LogMeIn Free®, LogMeIn® Ignition™, LogMeIn IT
+Reach®, LogMeIn® Mac, LogMeIn Pro®, LogMeIn Pro2®, LogMeIn Rescue®,
+LogMeIn® Rescue+Mobile™, LogMeIn Hamachi®, LogMeIn Hamachi2® and
+any other related software or services) (the "Service") and the Network
+Console™ software (the "Software" and together with the Service, the
+"Products"). BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS, CLICKING
+THE "SUBMIT" OR "ACCEPT" BUTTONS, SIGNING, USING ANY OF THE PRODUCTS OR
+OTHERWISE INDICATING YOUR ACCEPTANCE OF THESE TERMS, YOU REPRESENT AND
+WARRANT THAT YOU: (I) ARE AUTHORIZED TO SIGN FOR AND BIND YOURSELF AND
+ANY OTHER PARTY ON WHOSE BEHALF YOU USE THE SERVICE AND/OR SOFTWARE (THE
+"CONTRACTING PARTY") AND (II) AGREE FOR YOURSELF AND THE CONTRACTING PARTY
+TO BE BOUND BY ALL OF THESE TERMS (INCLUDING THE DISCLAIMER OF WARRANTY
+AND LIMITATION OF LIABILITY SECTIONS SET FORTH BELOW) TO THE EXCLUSION
+OF ANY OTHER RIGHTS AND OBLIGATIONS, SUCH AS ANY RIGHTS, OBLIGATIONS OR
+OTHER TERMS LISTED ON A PURCHASER ORDER OR THE LIKE YOU OR THE CONTRACTING
+PARTY MAY PROVIDE LMI AND YOU AGREE THAT ANY SUCH RIGHTS, OBLIGATIONS OR
+OTHER TERMS LISTED ON SUCH PURCHASE ORDER OR THE LIKE ARE HEREBY NULL
+AND VOID. LMI reserves the right, exercised in its sole discretion, to
+change, modify, add, or delete portions of these Terms at any time in
+accordance with the procedures set forth below in the section labeled
+"Modifications".
+
+1. Registration
+
+To use the Products, You and/or the Contracting Party may be required
+to complete and submit a registration form ("Registration Form"). As
+part of this registration process for, You and the Contracting Party
+agree to: (i) provide certain limited information about Yourself and
+the Contracting Party as prompted to do so by during the registration
+process or thereafter by the Products (such information to be current,
+complete and accurate) and (ii) maintain and update this information
+as required to keep it current, complete and accurate. The information
+requested at the time of the original signup shall be referred to
+as registration data ("Registration Data"). You may not register for
+any Service if You are under 18 years of age. By registering, You and
+the Contracting Party represent to LMI that You are 18 years of age or
+older. If LMI discovers that any of Your Registration Data is inaccurate,
+incomplete or not current, or if LMI determines, in its sole discretion,
+that You or the Contracting Party are not an appropriate subscriber or
+user of the Products, LMI may terminate all rights to access, receive, use
+and license the Products, Service and Software immediately upon notice.
+Your and the Contracting Party's assent to these Terms constitutes your
+express understanding and agreement that when personal data is provided
+to LMI, such data will be processed in the United States. Any personal
+data collected from or about users or licensees in connection with the
+Service or Products, through the LMI website, or otherwise under these
+Terms, will be maintained and processed in the United States by LMI or
+a party acting on its behalf, as LMI's Services, Products and website
+are provided via equipment and other resources located in the United
+States. LMI's Privacy Policy describes how personally identifiable
+information may be collected, used and disclosed.
+
+2. Conduct
+
+You and the Contracting Party are solely responsible for the content
+of Your computer(s) and Your LMI account and any transmissions when
+using the Products. LMI does, however, reserve the right to take
+any action with respect to the same that LMI in its sole discretion
+deems necessary or appropriate. The use of the Products by You and the
+Contracting Party is subject to the end user license terms set forth
+herein and all applicable laws, rules and regulations, including local,
+state, national and international laws, rules and regulations (including
+without limitation those governing account collection, export control,
+consumer protection, unfair competition, anti-discrimination or false
+advertising). You and the Contracting Party agree: (i) to comply with
+all applicable laws, rules and regulations, including local, state,
+national and international laws, rules and regulations (including
+without limitation those governing account collection, export control,
+consumer protection, unfair competition, anti-discrimination or false
+advertising); (ii) not to post, distribute, or otherwise make available
+or transmit any software or other computer files that contain a virus,
+trojan horse, worm or other harmful or destructive component; (iii) not
+to use the Products for any illegal purposes; (iv) not to delete from
+the Products, Software, documentation or any web site used in connection
+with the Products, any legal notices, disclaimers, or proprietary notices
+such as copyright or trademark notices, or modify any logos that You or
+the Contracting Party do not own or have express permission to modify;
+(v) not to interfere or disrupt networks connected to the Service; (vi)
+not to use the Products to infringe any third party's copyright, patent,
+trademark, trade secret or other proprietary rights or rights of publicity
+or privacy; and (vii) not to transmit any unlawful, harassing, libelous,
+defamatory, racist, indecent, abusive, violent, threatening, intimidating,
+harmful, vulgar, obscene, offensive or otherwise objectionable material
+of any kind or nature. You and the Contracting Party will not attempt
+to gain unauthorized access to other computer systems or interfere with
+another user's use and enjoyment of the Products. The Contracting Party
+agrees it is responsible for all actions and inactions of its employees
+and consultants and will use commercially reasonable efforts to monitor
+its employees and consultants.
+
+3. Modifications
+
+LMI may amend these Terms at any time by (i) posting a revised Terms
+document on or accessible through https://secure.logmein.com and/or (ii)
+sending information regarding the Terms amendment to the email address
+You may be required to provide to LMI. You and the Contracting Party are
+responsible for regularly reviewing the https://secure.logmein.com site
+to obtain timely notice of such amendments. You and the Contracting Party
+manifest intent to accept these amended terms if You or the Contracting
+Party continues to use any of the Products after such amended terms
+have been posted or sent to You or the Contracting Party. If You or the
+Contracting Party do not agree with any such amended terms You shall
+notify LMI during the 30 day period after such amended terms have been
+posted and at the end of such 30 day period these Terms shall be deemed
+terminated unless LMI agrees to waive such amended terms to which You
+object. Otherwise, these Terms may not be amended except in writing signed
+by both parties. Further, LMI reserves the right to modify or discontinue
+any Product for any reason or no reason with or without notice to You or
+the Contracting Party. LMI shall not be liable to You or the Contracting
+Party or any third party should LMI exercise its right to revise these
+Terms or modify or discontinue a Product.
+
+4. Passwords and Security
+
+4.1 As part of the registration process described above for each Service
+with the exception of LogMeIn Hamachi or LogMeIn Hamachi2 services,
+You and the Contracting Party must use Your email address as Your
+user name and choose a password for access to Your account and to Your
+designated computers (You should choose a password for the Service that
+is different from the username and password to Your computer). You
+and the Contracting Party agree to carefully safeguard all of Your
+passwords. You and the Contracting Party are solely responsible if
+You or the Contracting Party do not maintain the confidentiality of
+Your passwords and account information. Furthermore, You and the
+Contracting Party are solely responsible for any and all activity
+that occurs under Your account. You and the Contracting Party agree
+immediately to notify LMI of any unauthorized use of Your account or
+any other breach of security known to You or the Contracting Party,
+including if You or the Contracting Party believe that Your password or
+account information has been stolen or otherwise compromised. Access to,
+and use of, password-protected and/or secure aspects of the Service is
+restricted to authorized users only. Unauthorized individuals attempting
+to use the Service may be subject to prosecution. 4.2 LMI is not liable
+for any loss incurred by You or the Contracting Party, resulting from
+another's use of Your password, account, or public / private key,
+as may be applicable, either with or without Your knowledge. However,
+You and the Contracting Party may be held liable for losses incurred by
+LMI or another party due to another's use of Your password, account,
+or public / private key, as may be applicable, either with or without
+Your knowledge. You and the Contracting Party shall not access or use
+someone else's account at any time, without the permission of the account
+holder. 4.3 LMI does not send emails asking for a user's username and
+password or its Windows username and password or any other username or
+password. To keep the Products secure, You and the Contracting Party
+should keep all usernames and passwords confidential.
+
+5. End User License Agreement
+
+These end user license terms grant a right and license allowing You and
+the Contracting Party to use the Software and other software associated
+with the Service (together, the "Licensed Programs") under certain
+restrictions, terms and conditions (the "License Agreement"). You and the
+Contracting Party are consenting to be bound by this License Agreement
+by your use of the Products.
+
+5.1 The Licensed Programs are made available for download solely
+for use by You and the Contracting Party and only according to this
+License Agreement. Any reproduction, resale or redistribution of
+the Licensed Programs that is not in accordance with this License
+Agreement is expressly prohibited, and may result in severe civil and
+criminal penalties. Violators will be prosecuted to the maximum extent
+possible. LMI is not transferring title to the Licensed Programs to You
+or the Contracting Party. This license may not be transferred by You or
+the Contracting Party to any third party and is non-exclusive.
+
+5.2 You and the Contracting Party acknowledge that the Licensed Programs
+are proprietary to LMI or its suppliers and are protected by copyrights,
+trademarks, service marks, patents and/or other proprietary rights and
+laws. Therefore, You and the Contracting Party agree that You and the
+Contracting Party are only permitted to use the Licensed Programs as
+expressly authorized by LMI and this License Agreement. You and the
+Contracting Party may not remove any proprietary notices or labels
+from the Licensed Programs. You may copy the Licensed Programs for
+archival purposes only, provided any copy must contain all original
+proprietary notices. You and the Contracting Party may not alter, modify,
+redistribute, sell, auction, decompile, reverse engineer, disassemble or
+otherwise reduce the Licensed Programs to a human-readable form. You and
+the Contracting Party may not reproduce (except for archival purposes),
+distribute or create derivative works based on the Licensed Programs
+without expressly being authorized in writing to do so by LMI. Further,
+You and the Contracting Party may not rent, lease, grant a security
+interest in or otherwise transfer rights to the Licensed Programs. All
+rights not expressly granted in this License Agreement are reserved to
+LMI and its suppliers.
+
+5.3 ALL CONTENT ON WEB SITES AND COMPUTER PROGRAMS ASSOCIATED WITH
+THE SERVICE IS PROTECTED BY COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
+LAWS. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE
+INFORMATION OR CONTENT ON SUCH SITES MAY BE REPRODUCED IN ANY FORM,
+OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM LMI. YOU, THE
+CONTRACTING PARTY AND ANY OTHER VISITOR OR USER ARE NOT PERMITTED TO
+MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY
+MATERIAL FOUND ON SUCH SITES FOR ANY PUBLIC OR COMMERCIAL PURPOSE.
+
+6. Disclaimer of Warranties
+
+6.1 Although LMI has attempted to provide accurate information with
+regard to the Products, LMI assumes no responsibility for the accuracy
+or inaccuracy of any information provided. LMI may change the Products
+at any time without notice. Mention of non-LMI products or services is
+for information purposes only and constitutes neither an endorsement nor
+a recommendation. Use of the Products is at the Your and the Contracting
+Party's risk.
+
+6.2 ALL INFORMATION, DOCUMENTATION AND PRODUCTS PROVIDED BY LMI ARE
+PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
+OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
+OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR
+NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE
+PRACTICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LMI EXPRESSLY DISCLAIMS
+ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH
+RESPECT TO THE PRODUCTS, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW,
+CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE. LMI MAKES NO
+WARRANTY THAT THE PRODUCTS WILL MEET YOUR OR THE CONTRACTING PARTY'S
+REQUIREMENTS OR THAT THE PRODUCT WILL BE UNINTERRUPTED, TIMELY OR
+ERROR FREE, NOR DOES LMI MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
+BE OBTAINED FROM THE USE OF THE PRODUCTS OR THE ACCURACY OF ANY OTHER
+INFORMATION OBTAINED THROUGH THE PRODUCTS. YOU AND THE CONTRACTING
+PARTY UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
+OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS IS DONE AT YOUR OWN
+RISK AND THAT YOU AND THE CONTRACTING PARTY WILL BE SOLELY RESPONSIBLE
+FOR ANY DAMAGE TO ANY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
+FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO REPRESENTATION OR
+OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS
+REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE PRODUCTS,
+WHETHER MADE BY EMPLOYEES OF LMI OR OTHERWISE, WHICH IS NOT CONTAINED IN
+THIS AGREEMENT, SHALL BE DEEMED TO BE A WARRANTY BY LMI FOR ANY PURPOSE,
+OR GIVE RISE TO ANY LIABILITY OF LMI WHATSOEVER.
+
+7. Limitations of Damages and Liability
+
+7.1 YOU AND THE CONTRACTING PARTY AGREE THAT THE CONSIDERATION WHICH LMI
+IS RECEIVING HEREUNDER DOES NOT INCLUDE CONSIDERATION FOR ASSUMPTION
+BY LMI OF THE RISK OF YOUR AND THE CONTRACTING PARTY'S INCIDENTAL,
+CONSEQUENTIAL OR OTHER INDIRECT DAMAGES. LMI AND ITS SUPPLIERS SHALL NOT
+BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR OTHER INDIRECT
+DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS
+OF REPLACEMENT PRODUCT OR SERVICE, LOSS OR DAMAGE TO INFORMATION OR
+DATA ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCTS. UNDER NO
+CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL LMI BE
+LIABLE FOR DAMAGES RESULTING FROM USE OF THE PRODUCTS, OR RELIANCE ON THE
+INFORMATION PRESENTED IN CONNECTION WITH THE PRODUCTS, EVEN IF LMI OR ITS
+SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AND
+THE CONTRACTING PARTY AGREE NOT TO ASSERT ANY SUCH CLAIM AGAINST LMI OR
+ITS SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS,
+OR EMPLOYEES.
+
+7.2 YOU AND THE CONTRACTING PARTY EXPRESLY AGREE THAT YOUR USE OF THE
+PRODUCTS IS AT YOUR OWN RISK. IN NO EVENT SHALL LMI'S TOTAL LIABILITY FROM
+ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER, IN CONTRACT, TORT OR
+OTHERWISE) EXCEED THE AMOUNT YOU PAID TO LMI, IF ANY, FOR THE PRODUCTS
+DURING THE 12 MONTHS IMMEDIATELY BEFORE THE CLAIM AROSE. APPLICABLE
+LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE
+LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
+
+7.3 ALL DISCLAIMERS, LIMITATIONS OF WARRANTIES AND DAMAGES, AND
+CONFIDENTIAL COMMITMENTS SET FORTH IN THESE TERMS OR OTHERWISE EXISTING
+AT LAW (1) ARE OF THE ESSENCE OF THE AGREEMENT OF THE PARTIES, AND (2)
+SURVIVE ANY TERMINATION, EXPIRATION OR RESCISSION OF THESE TERMS.
+
+8. Title
+
+Title, ownership rights and intellectual property rights in the Products
+shall remain with LMI or its suppliers, as applicable. The Products
+are protected by copyright and other intellectual property laws and
+by international treaties. Title and related rights in the content
+accessed through the Products is the property of the applicable content
+owner and is protected by applicable law. The licenses granted under
+these Terms gives the You and the Contracting Party no rights to such
+content. "LogMeIn," associated logos, and other names, logos, icons and
+marks identifying LMI's products and services are trademarks or service
+marks of LMI (collectively the "Trademarks") and may not be used without
+the prior written permission of LMI. All other product names mentioned
+are used for identification purposes only and may be trademarks or
+service marks of their respective holders. Nothing should be construed
+as granting, by implication, estoppel, or otherwise, any license or right
+to use any Trademark without the written permission of LMI or such third
+party that may own the trademarks. Use by You and the Contracting Party of
+the Trademarks except as provided in these Terms is strictly prohibited.
+
+9. Fees and Renewals
+
+9.1 Month-to-Month Subscription by Credit Card Only. In the event that
+Your subscription to the Service is on a monthly basis, payment of the
+subscription fee will be by preauthorized credit card charge, PayPal
+charge or direct debit, and Your subscription will automatically renew
+each calendar month unless You or LMI give written (including email)
+notice of non-renewal during the prior calendar month. Your credit card
+will be charged the monthly fee for each month or partial month that
+Your monthly subscription is in effect.
+
+9.2 Annual Subscription by Credit Card. In the event that Your
+subscription to the Service is for a year and the payment is by credit
+card, PayPal charge or direct debit, Your subscription will automatically
+renew at the beginning of each subsequent anniversary year unless You or
+LMI give prior written (including email) notice of non-renewal at least
+30 days prior to the expiration of Your current year subscription. Upon
+any annual renewal, the payment arrangements in place for the prior
+subscription year shall remain in place, unless You and LMI agree
+otherwise.
+
+9.3 Annual Subscription By Invoice. In the event that Your subscription
+to the Service is for a year and the initial payment is by check or bank
+draft against an invoice from LogMeIn, payment being due within thirty
+(30) days' of the date of invoice. Additionally, Your subscription will
+automatically renew at the beginning of each subsequent anniversary
+year unless You or LMI give prior written (including email) notice
+of non-renewal at least thirty (30) days prior to the expiration of
+the current year subscription. Upon any annual renewal, the payment
+arrangements in place for the prior subscription year shall remain
+in place, unless You and LMI agree otherwise and LMI will invoice you
+accordingly.
+
+9.4 Free Subscriptions. Notwithstanding the foregoing provisions of these
+Terms, Your subscription to LogMeIn Free and to LogMeIn Hamachi or LogMeIn
+Hamachi2 that are free do not require the payment of a subscription fee.
+
+9.5 No Cancellation. Notwithstanding any provision of these Terms or any
+course of dealing between the parties, You and the Contracting Party
+may not cancel, terminate or rescind a subscription. All payments by
+You and the Contracting Party, or either of you, to LMI are final.
+
+9.6 Credit Card Authorization. In the event that You or the Contracting
+Party cancel the credit card provided to LMI or the card is otherwise
+terminated, You or the Contracting Party must immediately provide LMI with
+a new valid credit card number. You and the Contracting Party authorize
+LMI, from time to time, to undertake steps to determine whether the
+credit card number provided to LMI is a valid credit card number. In the
+event that You or the Contracting Party do not provide LMI with a current
+valid credit card number with sufficient credit upon request during the
+effective period of these Terms, You and the Contracting Party will be
+in violation of these Terms. LMI reserves the right to automatically
+update Your or the Contracting Party’s credit card information using
+software designed for updating purposes and You and the Contracting
+Party hereby authorize and approve any such updating.
+
+9.7 Payment via PayPal®. LMI also accepts PayPal for payments from PayPal
+account. In order to pay with PayPal, You or the Contracting Party need
+to have an account with PayPal. When You or the Contracting Party select
+PayPal to make payments the transaction is re-directed from LMI's site
+to PayPal's payment site. Once directed to PayPal's site, PayPal is
+charged with protecting Your and the Contracting Party's personal and
+financial information. Your or the Contracting Party's PayPal account
+and any activities related thereto are governed by PayPal's terms and
+conditions, and the information provided to PayPal in relation thereto
+will be governed by PayPal's privacy policy. When PayPal is used, Your
+and the Contracting Party's financial information is not shared with
+LMI. Once payment is complete via PayPal, PayPal will email a receipt
+for this transaction. LMI reserves the right to request proof of identity
+from any PayPal member.
+
+9.8 SMS Messaging. If You or the Contracting Party are licensing
+Rescue+Mobile pursuant to this agreement, You and the Contracting
+Party are entitled to a combined maximum of one hundred (100) SMS text
+messages per seat, per month of this agreement. If You or the Contracting
+Party exceed this combined maximum amount per seat, per month, You
+and the Contracting Party agree to negotiate in good faith with LMI a
+commercially reasonable rate per text message over one hundred (100)
+per seat, per month.
+
+9.9 Payment Due. Unless specifically provided otherwise herein, payment
+of all fees are due and payable to LMI without demand, invoicing or
+notice before the commencement of the period to which those fees apply.
+
+9.10 Taxes. You and the Contracting Party agree to be responsible for
+and to pay any sales, personal property, use, VAT, excise, withholding,
+or any other taxes that may be imposed, based on this license, use or
+possession of a Product, or any other product or service provided under
+this Agreement, excluding taxes based on net income payable by LMI.
+
+9.11 Trial Offers, Coupons, Credits and Special Offers. LMI reserves
+the right to discontinue or modify any coupons, credits and special
+promotional offers at our discretion.
+
+9.12 Information Purge. If You or the Contracting Party fail to make
+required payments regarding your account or in any other way breach these
+Terms or these Terms are terminated or expire, LMI may, at its discretion,
+purge Your or the Contracting Party’s data from its systems, including
+but not limited to, account information, users, settings, and any data
+(files, etc.) that may be stored by LMI.
+
+9.13 LogMeIn Hamachi Subscription. LogMeIn Hamachi and LogMeIn
+Hamachi2 are licensed using two distinct methods based on status as
+a commercial or non-commercial user. Commercial users are defined
+as for-profit businesses, government institutions (federal, state,
+local), educational institutions (including universities and state or
+local school systems), any individuals using the product on behalf
+of such entities or institutions and any other individual or entity
+not specifically defined as a "Non-commercial user". Non-commercial
+users are defined as individuals using the product for personal use,
+such as a gaming or family network, and non-profit institutions
+(as defined by the IRS as a 501c corporation or similarly situated
+international non-profits). Commercial users must pay LMI a monthly or
+annual subscription fee in accordance with the terms hereof in order to
+use LogMeIn Hamachi or LogMeIn Hamachi2. Non-commercial users may use
+LogMeIn Hamachi or LogMeIn Hamachi2 free of charge and without the need
+to pay any subscription fee. Prior to subscribing to LogMeIn Hamachi
+or LogMeIn Hamachi2, You/the Contracting Party will be asked to verify
+status as a commercial or non-commercial user. All final determinations
+shall be made by LMI in its sole discretion. LMI reserves the right,
+in accordance with its terms and conditions of use, to discontinue any
+subscription to LogMeIn Hamachi or LogMeIn Hamachi2.
+
+10. Termination
+
+LMI may in its sole discretion immediately terminate these Terms and this
+subscription, license and right to use any Product if (i) the Contracting
+Party declares bankruptcy, is involved in any bankruptcy proceedings or
+is otherwise insolvent, (ii) You or the Contracting Party breach these
+Terms; (iii) LMI is unable to verify or authenticate any information You
+provide to LMI; (iv) such information is or becomes inaccurate; or (v) LMI
+decides, in its sole discretion, to discontinue offering the Product. LMI
+shall not be liable to You, the Contracting Party or any third party for
+termination of the Service or use of the Products. Upon expiration or
+termination for any reason, You and the Contracting Party are no longer
+authorized to use the Products. When these Terms are terminated and/or
+the subscription is canceled, You and the Contracting Party will no longer
+have access to data and other material You or the Contracting Party have
+stored in connection with any Service and that material may be deleted
+by LMI. All disclaimers, limitations of warranties and damages, and
+confidential commitments set forth in these Terms or otherwise existing
+at law survive any termination, expiration or rescission of these Terms.
+
+11. Maintenance and Updates
+
+You understand that LMI may update the Products at any time, but is under
+no obligation to inform You or the Contracting Party of or furnish to
+You or the Contracting Party any such updates. These Terms do not grant
+You or the Contracting Party any right, license or interest in or to
+any support, maintenance, improvements, modifications, enhancements
+or updates to the Products or supporting documentation. To the extent
+that LMI supplies any updates to You or the Contracting Party, such
+updates will be deemed to be subject to the terms of these Terms unless
+LMI indicates otherwise. LMI reserves the right to charge fees for any
+future versions of, or updates to, the Products.
+
+12. Export Law Assurances
+
+The Products are subject to the United States Export Administration
+Regulations. No Software or Service may be downloaded, used or exported
+(i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan,
+Syria, or any other country to which the United States has embargoed
+goods; or (ii) any person or entity on the United States Treasury
+Department's list of Specially Designated Nationals or the U.S. Commerce
+Department's Denied Persons List or Entity List, or otherwise designated
+as prohibited from receiving U.S. exports. By subscribing to the Service
+or using any of the Software, You and the Contracting Party represent
+and warrant that you and it are not- and are not controlled by - any
+such person or entity and are not controlled by a national or resident
+of any such country.
+
+13. High Risk Activities
+
+The Products are not fault-tolerant and are not designed, manufactured
+or intended for use or resale as or with on-line control equipment in
+hazardous environments requiring fail-safe performance, such as in the
+operation of nuclear facilities, aircraft navigation or communication
+systems, air traffic control, direct life support machines or weapon
+systems in which the failure of the Products could lead directly to death,
+personal injury or severe physical or environmental damage ("High Risk
+Activities"). Accordingly, LMI and its suppliers specifically disclaim
+any express or implied warranty of fitness for High Risk Activities.
+
+14. Miscellaneous
+
+14.1 These Terms represents the complete agreement concerning the subject
+matter of the Terms and license granted hereunder and, except as set forth
+herein, may be amended only by a writing executed by both parties. You and
+the Contracting Party understand and agree that You and the Contracting
+Party are solely responsible for periodically reviewing these Terms.
+
+14.2 These Terms shall be governed by and construed in accordance with
+the laws of the Commonwealth of Massachusetts and the laws of the
+United States, without giving effect to any principles of conflict
+of law. You and the Contracting Party agree that any action at law
+or in equity arising out of or relating to these Terms shall be filed
+only in the state or federal courts located in Boston, Massachusetts,
+and You and the Contracting Party hereby consent and submit to the
+personal jurisdiction of such courts for the purposes of litigating
+any such action. The parties specifically disclaim applicability of (i)
+the United Nations Convention on the Sale of Goods and (ii) any Incoterms.
+
+14.3 If any of the provisions of these Terms shall be unlawful, void,
+or for any reason unenforceable, then that provision shall be deemed
+severable from these Terms and shall not affect the validity and
+enforceability of any remaining provisions.
+
+14.4 LMI shall have the right to publish the identification of You and
+the Contracting Party as users of the Service. You and the Contracting
+Party agree that LMI may use any logo and/or name associated with You
+or the Contracting Party on LMI's web site and other marketing materials
+in order to identify You and the Contracting Party as LMI's customers.
+
+14.5 Notices by LMI to You or the Contracting Party may be sent to
+the email address You provide on the Registration Form or otherwise by
+any means that LMI determines in its sole discretion as likely to come
+to Your attention. All notices by You or the Contracting Party sent to
+LMI in connection with these Terms shall be in writing and sent by first
+class mail or certified mail (receipt being deemed 72 hours after postage
+and return receipt requested) or personally delivered at the address of
+LMI set forth herein.
+
+14.6 You and the Contracting Party agree not to bring or participate
+in any class action lawsuit against LMI or any of its employees or
+affiliates. You and the Contracting Party agree that you will not bring a
+claim under these Terms more than two years after the expiration of these
+Terms. The failure of LMI to partially or fully exercise any right shall
+not prevent the subsequent exercise of such right. The waiver by LMI of
+any breach shall not be deemed a waiver of any subsequent breach of the
+same or any other term of these Terms. No remedy made available to LMI
+by any of the provisions of these Terms is intended to be exclusive of
+any other remedy, and each and every remedy shall be cumulative and in
+addition to every other remedy available at law or in equity.
+
+14.7 You and the Contracting Party acknowledge and agree that LMI is
+in the business of providing remote access solutions and that LMI may
+provide services to third parties, including competitors of You and the
+Contracting Party, which are the same or similar to the services provided
+to You and the Contracting Party hereunder.
+
+15. Indemnification
+
+You and the Contracting Party are responsible for maintaining the
+confidentiality of Your account and password(s). You and the Contracting
+Party are also responsible for all activities that occur under Your
+account. You and the Contracting Party hereby agree to indemnify, defend
+and hold LMI and its affiliates, employees, officers, directors, owners,
+information providers, agents, licensees, licensors (the "Indemnified
+Parties") harmless from and against any and all liabilities, claims,
+costs, including reasonable attorneys' fees, incurred by the Indemnified
+Parties in connection with any demand, claims, action, suit, or loss
+arising as a result of (a) any breach by You or the Contracting Party of
+these terms of use or claims arising from Your or the Contracting Party's
+account; (b) any fraud or manipulation by You or the Contracting Party;
+(c) a third-party claim, action or allegation of infringement based
+on information, data, files or other content submitted by You or the
+Contracting Party; or (d) any claims of credit card fraud based on
+any information released by You or the Contracting Party. You and the
+Contracting Party agree to use best efforts to cooperate with LMI in the
+defense of any demand, claim, action or suit. LMI reserves the right to
+assume the exclusive defense of any matter subject to indemnification
+by You and the Contracting Party at LMI's own expense.
+
+16. Confidentiality
+
+You and the Contracting Party shall maintain the confidentiality of
+information that has been, and will continue to be, provided to You by
+LMI in connection with the use of the Products. You and the Contracting
+Party specifically agree as follows:
+
+16.1 Obligations. You and the Contracting Party shall (a) maintain
+in confidence all such information, including but not limited to the
+Software and Products, (b) not disclose any such information to anyone
+except Your employees, agents, and consultants on a need-to-know basis
+(and who have been informed of and acknowledge their obligation to be
+bound by the terms of these confidentiality terms), and (c) not use LMI's
+confidential information for any purpose other than that for which it is
+disclosed. All confidential information shall remain the sole property
+of LMI. You and the Contracting Party shall have no right, title, or
+interest in or to the confidential information.
+
+16.2 Confidential Information. Information considered confidential by
+LMI includes, without limitation, information of LMI relating to (a)
+matters of a technical nature such as trade secret processes or devices,
+know-how, data, formulas, inventions (whether or not patentable or
+copyrighted), specifications and characteristics of products or services
+planned or being developed, and research subjects, methods and results,
+(b) matters of a business nature such as information about costs,
+profits, pricing, policies, markets, sales, suppliers, customers,
+product plans, and business concepts, plans or strategies, (c) matters
+of a human resources nature such as employment policies and practices,
+personnel, compensation and employee benefits, (d) other information of
+a similar nature not generally disclosed by LMI to the public or other
+information You or the Contracting Party should reasonably believe the
+be confidential given the circumstances, (e) information concerning Your
+use of the Products, and (f) the Products.
+
+16.3 Exclusions. The obligations imposed by these confidentiality terms
+shall not apply to any information that (a) is proven by You to have
+been rightfully received from a third party without accompanying use
+or disclosure restrictions; or (b) is or becomes generally publicly
+available through no wrongful act of You or the Contracting Party or
+any other person or entity with a confidentiality obligation; or (c)
+is already known to You prior to the date of disclosure as evidenced by
+documentation bearing a date prior to the date of disclosure; or (d) is
+approved for release in writing by an authorized representative of LMI; or
+(e) is required to be disclosed pursuant to court order, duly authorized
+subpoena, or governmental authority (but You or the Contracting Party
+shall immediately give LMI written notice and an opportunity to contest
+such required disclosure).
+
+16.4 Remedies. The parties agree that the remedy at law for any breach of
+any of the covenants and agreements set forth in these confidentiality
+terms may be inadequate and that, in the event of any such breach or
+threatened breach, LMI shall, in addition to all other remedies which may
+be available to it at law, be entitled to equitable relief in the form of
+preliminary and permanent injunctions without the necessity of proving
+damages. You and the Contracting Party further agree that the terms of
+these confidentiality terms shall in no way restrict or limit any other
+remedies LMI may have against You and the Contracting Party. LMI shall
+be entitled to recover the costs including reasonable attorney's fees,
+to enforce its rights under these confidentiality terms.
+
+16.5 Return of Confidential Information. Upon the written request of
+LMI, You and the Contracting Party shall return, or certify that it
+has destroyed, all information disclosed under these confidentiality
+terms and any memorandum, diagrams, or any other documents containing
+any information disclosed under these confidentiality terms.
+
+16.6 Enforceability. In the event any one or more of the provisions of
+these confidentiality terms shall be invalid, illegal or unenforceable in
+any respect, the validity, legality and enforceability of the remaining
+provisions contained herein shall not in any way be affected or impaired
+thereby.
+
+16.7 Application. This Confidentiality Agreement shall control in lieu of
+and notwithstanding any proprietary or restrictive legends or statements
+inconsistent with these confidentiality terms that may be associated
+with any particular information disclosed hereunder.
+
+16.8 Surviving Obligations. The confidentiality obligations under these
+Terms shall survive any termination, expirations, or rescission of
+these Terms, as well as continue beyond any time in which You or the
+Contracting Party were using the Service.
+
+17. Force Majeure
+
+No party shall be liable for any performance failure, delay in
+performance, or lost data under these Terms (other than for delay in
+the payment of money due and payable hereunder) to the extent said
+failures or delays are proximately caused by (i) failures of Software
+or other computer programming, (ii) natural weather events, or (iii)
+any other causes beyond that party's reasonable control and occurring
+without its fault or negligence, including, without limitation, failure
+of suppliers, subcontractors, and carriers, or party to substantially
+meet its performance obligations under these Terms, provided that in
+any such event, as a condition to the claim of non-liability, the party
+experiencing the difficulty shall give the other prompt written notice,
+with full details following the occurrence of the cause relied upon.
+Copyright © 2003 – 2009 LogMeIn, Inc. All rights reserved.