commit: e6cb75ec8236313fb9257746e60c7420fb1ee221
Author: Joonas Niilola <juippis <AT> gentoo <DOT> org>
AuthorDate: Wed Sep 16 07:59:40 2020 +0000
Commit: Joonas Niilola <juippis <AT> gentoo <DOT> org>
CommitDate: Wed Sep 16 08:04:13 2020 +0000
URL: https://gitweb.gentoo.org/repo/gentoo.git/commit/?id=e6cb75ec
licenses: remove unused LogMeIn-2013 license, it's LogMeIn now
Signed-off-by: Joonas Niilola <juippis <AT> gentoo.org>
licenses/LogMeIn-2013 | 74 ---------------------------------------------------
1 file changed, 74 deletions(-)
diff --git a/licenses/LogMeIn-2013 b/licenses/LogMeIn-2013
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-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 WA
RRANT 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 REPORTIN
G 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
Protect
ion 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
attempt
ing 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 THROU
GH 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 a
ny 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
Servic
e 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.
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