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1 hwoarang 1.1 Terms and Conditions of Use
2    
3 ulm 1.2 IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY WHEN YOU
4     (HEREAFTER, "YOU" OR "YOUR") ARE ORDERING OR ACCESSING THE LISTED
5     SERVICES AND/OR SOFTWARE FROM LOGMEIN, INC. ("LMI"). These terms
6     and conditions ("Terms") govern the use and licensing by LMI of the
7     following LogMeIn® service(s) and related software: (LogMeIn Backup®,
8     LogMeIn® Central™, LogMeIn Free®, LogMeIn® Ignition™, LogMeIn IT
9     Reach®, LogMeIn® Mac, LogMeIn Pro®, LogMeIn Pro2®, LogMeIn Rescue®,
10     LogMeIn® Rescue+Mobile™, LogMeIn Hamachi®, LogMeIn Hamachi2® and
11     any other related software or services) (the "Service") and the Network
12     Console™ software (the "Software" and together with the Service, the
13     "Products"). BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS, CLICKING
14     THE "SUBMIT" OR "ACCEPT" BUTTONS, SIGNING, USING ANY OF THE PRODUCTS OR
15     OTHERWISE INDICATING YOUR ACCEPTANCE OF THESE TERMS, YOU REPRESENT AND
16     WARRANT THAT YOU: (I) ARE AUTHORIZED TO SIGN FOR AND BIND YOURSELF AND
17     ANY OTHER PARTY ON WHOSE BEHALF YOU USE THE SERVICE AND/OR SOFTWARE (THE
18     "CONTRACTING PARTY") AND (II) AGREE FOR YOURSELF AND THE CONTRACTING PARTY
19     TO BE BOUND BY ALL OF THESE TERMS (INCLUDING THE DISCLAIMER OF WARRANTY
20     AND LIMITATION OF LIABILITY SECTIONS SET FORTH BELOW) TO THE EXCLUSION
21     OF ANY OTHER RIGHTS AND OBLIGATIONS, SUCH AS ANY RIGHTS, OBLIGATIONS OR
22     OTHER TERMS LISTED ON A PURCHASER ORDER OR THE LIKE YOU OR THE CONTRACTING
23     PARTY MAY PROVIDE LMI AND YOU AGREE THAT ANY SUCH RIGHTS, OBLIGATIONS OR
24     OTHER TERMS LISTED ON SUCH PURCHASE ORDER OR THE LIKE ARE HEREBY NULL
25     AND VOID. LMI reserves the right, exercised in its sole discretion, to
26     change, modify, add, or delete portions of these Terms at any time in
27     accordance with the procedures set forth below in the section labeled
28     "Modifications".
29 hwoarang 1.1
30     1. Registration
31    
32 ulm 1.2 To use the Products, You and/or the Contracting Party may be required
33     to complete and submit a registration form ("Registration Form"). As
34     part of this registration process for, You and the Contracting Party
35     agree to: (i) provide certain limited information about Yourself and
36     the Contracting Party as prompted to do so by during the registration
37     process or thereafter by the Products (such information to be current,
38     complete and accurate) and (ii) maintain and update this information
39     as required to keep it current, complete and accurate. The information
40     requested at the time of the original signup shall be referred to
41     as registration data ("Registration Data"). You may not register for
42     any Service if You are under 18 years of age. By registering, You and
43     the Contracting Party represent to LMI that You are 18 years of age or
44     older. If LMI discovers that any of Your Registration Data is inaccurate,
45     incomplete or not current, or if LMI determines, in its sole discretion,
46     that You or the Contracting Party are not an appropriate subscriber or
47     user of the Products, LMI may terminate all rights to access, receive, use
48     and license the Products, Service and Software immediately upon notice.
49     Your and the Contracting Party's assent to these Terms constitutes your
50     express understanding and agreement that when personal data is provided
51     to LMI, such data will be processed in the United States. Any personal
52     data collected from or about users or licensees in connection with the
53     Service or Products, through the LMI website, or otherwise under these
54     Terms, will be maintained and processed in the United States by LMI or
55     a party acting on its behalf, as LMI's Services, Products and website
56     are provided via equipment and other resources located in the United
57     States. LMI's Privacy Policy describes how personally identifiable
58     information may be collected, used and disclosed.
59 hwoarang 1.1
60     2. Conduct
61    
62 ulm 1.2 You and the Contracting Party are solely responsible for the content
63     of Your computer(s) and Your LMI account and any transmissions when
64     using the Products. LMI does, however, reserve the right to take
65     any action with respect to the same that LMI in its sole discretion
66     deems necessary or appropriate. The use of the Products by You and the
67     Contracting Party is subject to the end user license terms set forth
68     herein and all applicable laws, rules and regulations, including local,
69     state, national and international laws, rules and regulations (including
70     without limitation those governing account collection, export control,
71     consumer protection, unfair competition, anti-discrimination or false
72     advertising). You and the Contracting Party agree: (i) to comply with
73     all applicable laws, rules and regulations, including local, state,
74     national and international laws, rules and regulations (including
75     without limitation those governing account collection, export control,
76     consumer protection, unfair competition, anti-discrimination or false
77     advertising); (ii) not to post, distribute, or otherwise make available
78     or transmit any software or other computer files that contain a virus,
79     trojan horse, worm or other harmful or destructive component; (iii) not
80     to use the Products for any illegal purposes; (iv) not to delete from
81     the Products, Software, documentation or any web site used in connection
82     with the Products, any legal notices, disclaimers, or proprietary notices
83     such as copyright or trademark notices, or modify any logos that You or
84     the Contracting Party do not own or have express permission to modify;
85     (v) not to interfere or disrupt networks connected to the Service; (vi)
86     not to use the Products to infringe any third party's copyright, patent,
87     trademark, trade secret or other proprietary rights or rights of publicity
88     or privacy; and (vii) not to transmit any unlawful, harassing, libelous,
89     defamatory, racist, indecent, abusive, violent, threatening, intimidating,
90     harmful, vulgar, obscene, offensive or otherwise objectionable material
91     of any kind or nature. You and the Contracting Party will not attempt
92     to gain unauthorized access to other computer systems or interfere with
93     another user's use and enjoyment of the Products. The Contracting Party
94     agrees it is responsible for all actions and inactions of its employees
95     and consultants and will use commercially reasonable efforts to monitor
96     its employees and consultants.
97 hwoarang 1.1
98     3. Modifications
99    
100 ulm 1.2 LMI may amend these Terms at any time by (i) posting a revised Terms
101     document on or accessible through https://secure.logmein.com and/or (ii)
102     sending information regarding the Terms amendment to the email address
103     You may be required to provide to LMI. You and the Contracting Party are
104     responsible for regularly reviewing the https://secure.logmein.com site
105     to obtain timely notice of such amendments. You and the Contracting Party
106     manifest intent to accept these amended terms if You or the Contracting
107     Party continues to use any of the Products after such amended terms
108     have been posted or sent to You or the Contracting Party. If You or the
109     Contracting Party do not agree with any such amended terms You shall
110     notify LMI during the 30 day period after such amended terms have been
111     posted and at the end of such 30 day period these Terms shall be deemed
112     terminated unless LMI agrees to waive such amended terms to which You
113     object. Otherwise, these Terms may not be amended except in writing signed
114     by both parties. Further, LMI reserves the right to modify or discontinue
115     any Product for any reason or no reason with or without notice to You or
116     the Contracting Party. LMI shall not be liable to You or the Contracting
117     Party or any third party should LMI exercise its right to revise these
118     Terms or modify or discontinue a Product.
119 hwoarang 1.1
120     4. Passwords and Security
121    
122 ulm 1.2 4.1 As part of the registration process described above for each Service
123     with the exception of LogMeIn Hamachi or LogMeIn Hamachi2 services,
124     You and the Contracting Party must use Your email address as Your
125     user name and choose a password for access to Your account and to Your
126     designated computers (You should choose a password for the Service that
127     is different from the username and password to Your computer). You
128     and the Contracting Party agree to carefully safeguard all of Your
129     passwords. You and the Contracting Party are solely responsible if
130     You or the Contracting Party do not maintain the confidentiality of
131     Your passwords and account information. Furthermore, You and the
132     Contracting Party are solely responsible for any and all activity
133     that occurs under Your account. You and the Contracting Party agree
134     immediately to notify LMI of any unauthorized use of Your account or
135     any other breach of security known to You or the Contracting Party,
136     including if You or the Contracting Party believe that Your password or
137     account information has been stolen or otherwise compromised. Access to,
138     and use of, password-protected and/or secure aspects of the Service is
139     restricted to authorized users only. Unauthorized individuals attempting
140     to use the Service may be subject to prosecution. 4.2 LMI is not liable
141     for any loss incurred by You or the Contracting Party, resulting from
142     another's use of Your password, account, or public / private key,
143     as may be applicable, either with or without Your knowledge. However,
144     You and the Contracting Party may be held liable for losses incurred by
145     LMI or another party due to another's use of Your password, account,
146     or public / private key, as may be applicable, either with or without
147     Your knowledge. You and the Contracting Party shall not access or use
148     someone else's account at any time, without the permission of the account
149     holder. 4.3 LMI does not send emails asking for a user's username and
150     password or its Windows username and password or any other username or
151     password. To keep the Products secure, You and the Contracting Party
152     should keep all usernames and passwords confidential.
153 hwoarang 1.1
154     5. End User License Agreement
155    
156 ulm 1.2 These end user license terms grant a right and license allowing You and
157     the Contracting Party to use the Software and other software associated
158     with the Service (together, the "Licensed Programs") under certain
159     restrictions, terms and conditions (the "License Agreement"). You and the
160     Contracting Party are consenting to be bound by this License Agreement
161     by your use of the Products.
162    
163     5.1 The Licensed Programs are made available for download solely
164     for use by You and the Contracting Party and only according to this
165     License Agreement. Any reproduction, resale or redistribution of
166     the Licensed Programs that is not in accordance with this License
167     Agreement is expressly prohibited, and may result in severe civil and
168     criminal penalties. Violators will be prosecuted to the maximum extent
169     possible. LMI is not transferring title to the Licensed Programs to You
170     or the Contracting Party. This license may not be transferred by You or
171     the Contracting Party to any third party and is non-exclusive.
172    
173     5.2 You and the Contracting Party acknowledge that the Licensed Programs
174     are proprietary to LMI or its suppliers and are protected by copyrights,
175     trademarks, service marks, patents and/or other proprietary rights and
176     laws. Therefore, You and the Contracting Party agree that You and the
177     Contracting Party are only permitted to use the Licensed Programs as
178     expressly authorized by LMI and this License Agreement. You and the
179     Contracting Party may not remove any proprietary notices or labels
180     from the Licensed Programs. You may copy the Licensed Programs for
181     archival purposes only, provided any copy must contain all original
182     proprietary notices. You and the Contracting Party may not alter, modify,
183     redistribute, sell, auction, decompile, reverse engineer, disassemble or
184     otherwise reduce the Licensed Programs to a human-readable form. You and
185     the Contracting Party may not reproduce (except for archival purposes),
186     distribute or create derivative works based on the Licensed Programs
187     without expressly being authorized in writing to do so by LMI. Further,
188     You and the Contracting Party may not rent, lease, grant a security
189     interest in or otherwise transfer rights to the Licensed Programs. All
190     rights not expressly granted in this License Agreement are reserved to
191     LMI and its suppliers.
192    
193     5.3 ALL CONTENT ON WEB SITES AND COMPUTER PROGRAMS ASSOCIATED WITH
194     THE SERVICE IS PROTECTED BY COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
195     LAWS. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE
196     INFORMATION OR CONTENT ON SUCH SITES MAY BE REPRODUCED IN ANY FORM,
197     OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM LMI. YOU, THE
198     CONTRACTING PARTY AND ANY OTHER VISITOR OR USER ARE NOT PERMITTED TO
199     MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY
200     MATERIAL FOUND ON SUCH SITES FOR ANY PUBLIC OR COMMERCIAL PURPOSE.
201 hwoarang 1.1
202     6. Disclaimer of Warranties
203    
204 ulm 1.2 6.1 Although LMI has attempted to provide accurate information with
205     regard to the Products, LMI assumes no responsibility for the accuracy
206     or inaccuracy of any information provided. LMI may change the Products
207     at any time without notice. Mention of non-LMI products or services is
208     for information purposes only and constitutes neither an endorsement nor
209     a recommendation. Use of the Products is at the Your and the Contracting
210     Party's risk.
211    
212     6.2 ALL INFORMATION, DOCUMENTATION AND PRODUCTS PROVIDED BY LMI ARE
213     PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
214     OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
215     OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR
216     NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE
217     PRACTICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LMI EXPRESSLY DISCLAIMS
218     ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH
219     RESPECT TO THE PRODUCTS, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW,
220     CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE. LMI MAKES NO
221     WARRANTY THAT THE PRODUCTS WILL MEET YOUR OR THE CONTRACTING PARTY'S
222     REQUIREMENTS OR THAT THE PRODUCT WILL BE UNINTERRUPTED, TIMELY OR
223     ERROR FREE, NOR DOES LMI MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY
224     BE OBTAINED FROM THE USE OF THE PRODUCTS OR THE ACCURACY OF ANY OTHER
225     INFORMATION OBTAINED THROUGH THE PRODUCTS. YOU AND THE CONTRACTING
226     PARTY UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
227     OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS IS DONE AT YOUR OWN
228     RISK AND THAT YOU AND THE CONTRACTING PARTY WILL BE SOLELY RESPONSIBLE
229     FOR ANY DAMAGE TO ANY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
230     FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO REPRESENTATION OR
231     OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS
232     REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE PRODUCTS,
233     WHETHER MADE BY EMPLOYEES OF LMI OR OTHERWISE, WHICH IS NOT CONTAINED IN
234     THIS AGREEMENT, SHALL BE DEEMED TO BE A WARRANTY BY LMI FOR ANY PURPOSE,
235     OR GIVE RISE TO ANY LIABILITY OF LMI WHATSOEVER.
236 hwoarang 1.1
237     7. Limitations of Damages and Liability
238    
239 ulm 1.2 7.1 YOU AND THE CONTRACTING PARTY AGREE THAT THE CONSIDERATION WHICH LMI
240     IS RECEIVING HEREUNDER DOES NOT INCLUDE CONSIDERATION FOR ASSUMPTION
241     BY LMI OF THE RISK OF YOUR AND THE CONTRACTING PARTY'S INCIDENTAL,
242     CONSEQUENTIAL OR OTHER INDIRECT DAMAGES. LMI AND ITS SUPPLIERS SHALL NOT
243     BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR OTHER INDIRECT
244     DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS
245     OF REPLACEMENT PRODUCT OR SERVICE, LOSS OR DAMAGE TO INFORMATION OR
246     DATA ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCTS. UNDER NO
247     CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL LMI BE
248     LIABLE FOR DAMAGES RESULTING FROM USE OF THE PRODUCTS, OR RELIANCE ON THE
249     INFORMATION PRESENTED IN CONNECTION WITH THE PRODUCTS, EVEN IF LMI OR ITS
250     SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AND
251     THE CONTRACTING PARTY AGREE NOT TO ASSERT ANY SUCH CLAIM AGAINST LMI OR
252     ITS SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS,
253     OR EMPLOYEES.
254    
255     7.2 YOU AND THE CONTRACTING PARTY EXPRESLY AGREE THAT YOUR USE OF THE
256     PRODUCTS IS AT YOUR OWN RISK. IN NO EVENT SHALL LMI'S TOTAL LIABILITY FROM
257     ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER, IN CONTRACT, TORT OR
258     OTHERWISE) EXCEED THE AMOUNT YOU PAID TO LMI, IF ANY, FOR THE PRODUCTS
259     DURING THE 12 MONTHS IMMEDIATELY BEFORE THE CLAIM AROSE. APPLICABLE
260     LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE
261     LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
262    
263     7.3 ALL DISCLAIMERS, LIMITATIONS OF WARRANTIES AND DAMAGES, AND
264     CONFIDENTIAL COMMITMENTS SET FORTH IN THESE TERMS OR OTHERWISE EXISTING
265     AT LAW (1) ARE OF THE ESSENCE OF THE AGREEMENT OF THE PARTIES, AND (2)
266     SURVIVE ANY TERMINATION, EXPIRATION OR RESCISSION OF THESE TERMS.
267 hwoarang 1.1
268     8. Title
269    
270 ulm 1.2 Title, ownership rights and intellectual property rights in the Products
271     shall remain with LMI or its suppliers, as applicable. The Products
272     are protected by copyright and other intellectual property laws and
273     by international treaties. Title and related rights in the content
274     accessed through the Products is the property of the applicable content
275     owner and is protected by applicable law. The licenses granted under
276     these Terms gives the You and the Contracting Party no rights to such
277     content. "LogMeIn," associated logos, and other names, logos, icons and
278     marks identifying LMI's products and services are trademarks or service
279     marks of LMI (collectively the "Trademarks") and may not be used without
280     the prior written permission of LMI. All other product names mentioned
281     are used for identification purposes only and may be trademarks or
282     service marks of their respective holders. Nothing should be construed
283     as granting, by implication, estoppel, or otherwise, any license or right
284     to use any Trademark without the written permission of LMI or such third
285     party that may own the trademarks. Use by You and the Contracting Party of
286     the Trademarks except as provided in these Terms is strictly prohibited.
287 hwoarang 1.1
288     9. Fees and Renewals
289    
290 ulm 1.2 9.1 Month-to-Month Subscription by Credit Card Only. In the event that
291     Your subscription to the Service is on a monthly basis, payment of the
292     subscription fee will be by preauthorized credit card charge, PayPal
293     charge or direct debit, and Your subscription will automatically renew
294     each calendar month unless You or LMI give written (including email)
295     notice of non-renewal during the prior calendar month. Your credit card
296     will be charged the monthly fee for each month or partial month that
297     Your monthly subscription is in effect.
298    
299     9.2 Annual Subscription by Credit Card. In the event that Your
300     subscription to the Service is for a year and the payment is by credit
301     card, PayPal charge or direct debit, Your subscription will automatically
302     renew at the beginning of each subsequent anniversary year unless You or
303     LMI give prior written (including email) notice of non-renewal at least
304     30 days prior to the expiration of Your current year subscription. Upon
305     any annual renewal, the payment arrangements in place for the prior
306     subscription year shall remain in place, unless You and LMI agree
307     otherwise.
308    
309     9.3 Annual Subscription By Invoice. In the event that Your subscription
310     to the Service is for a year and the initial payment is by check or bank
311     draft against an invoice from LogMeIn, payment being due within thirty
312     (30) days' of the date of invoice. Additionally, Your subscription will
313     automatically renew at the beginning of each subsequent anniversary
314     year unless You or LMI give prior written (including email) notice
315     of non-renewal at least thirty (30) days prior to the expiration of
316     the current year subscription. Upon any annual renewal, the payment
317     arrangements in place for the prior subscription year shall remain
318     in place, unless You and LMI agree otherwise and LMI will invoice you
319     accordingly.
320    
321     9.4 Free Subscriptions. Notwithstanding the foregoing provisions of these
322     Terms, Your subscription to LogMeIn Free and to LogMeIn Hamachi or LogMeIn
323     Hamachi2 that are free do not require the payment of a subscription fee.
324    
325     9.5 No Cancellation. Notwithstanding any provision of these Terms or any
326     course of dealing between the parties, You and the Contracting Party
327     may not cancel, terminate or rescind a subscription. All payments by
328     You and the Contracting Party, or either of you, to LMI are final.
329    
330     9.6 Credit Card Authorization. In the event that You or the Contracting
331     Party cancel the credit card provided to LMI or the card is otherwise
332     terminated, You or the Contracting Party must immediately provide LMI with
333     a new valid credit card number. You and the Contracting Party authorize
334     LMI, from time to time, to undertake steps to determine whether the
335     credit card number provided to LMI is a valid credit card number. In the
336     event that You or the Contracting Party do not provide LMI with a current
337     valid credit card number with sufficient credit upon request during the
338     effective period of these Terms, You and the Contracting Party will be
339     in violation of these Terms. LMI reserves the right to automatically
340     update Your or the Contracting Party’s credit card information using
341     software designed for updating purposes and You and the Contracting
342     Party hereby authorize and approve any such updating.
343    
344     9.7 Payment via PayPal®. LMI also accepts PayPal for payments from PayPal
345     account. In order to pay with PayPal, You or the Contracting Party need
346     to have an account with PayPal. When You or the Contracting Party select
347     PayPal to make payments the transaction is re-directed from LMI's site
348     to PayPal's payment site. Once directed to PayPal's site, PayPal is
349     charged with protecting Your and the Contracting Party's personal and
350     financial information. Your or the Contracting Party's PayPal account
351     and any activities related thereto are governed by PayPal's terms and
352     conditions, and the information provided to PayPal in relation thereto
353     will be governed by PayPal's privacy policy. When PayPal is used, Your
354     and the Contracting Party's financial information is not shared with
355     LMI. Once payment is complete via PayPal, PayPal will email a receipt
356     for this transaction. LMI reserves the right to request proof of identity
357     from any PayPal member.
358    
359     9.8 SMS Messaging. If You or the Contracting Party are licensing
360     Rescue+Mobile pursuant to this agreement, You and the Contracting
361     Party are entitled to a combined maximum of one hundred (100) SMS text
362     messages per seat, per month of this agreement. If You or the Contracting
363     Party exceed this combined maximum amount per seat, per month, You
364     and the Contracting Party agree to negotiate in good faith with LMI a
365     commercially reasonable rate per text message over one hundred (100)
366     per seat, per month.
367    
368     9.9 Payment Due. Unless specifically provided otherwise herein, payment
369     of all fees are due and payable to LMI without demand, invoicing or
370     notice before the commencement of the period to which those fees apply.
371    
372     9.10 Taxes. You and the Contracting Party agree to be responsible for
373     and to pay any sales, personal property, use, VAT, excise, withholding,
374     or any other taxes that may be imposed, based on this license, use or
375     possession of a Product, or any other product or service provided under
376     this Agreement, excluding taxes based on net income payable by LMI.
377    
378     9.11 Trial Offers, Coupons, Credits and Special Offers. LMI reserves
379     the right to discontinue or modify any coupons, credits and special
380     promotional offers at our discretion.
381    
382     9.12 Information Purge. If You or the Contracting Party fail to make
383     required payments regarding your account or in any other way breach these
384     Terms or these Terms are terminated or expire, LMI may, at its discretion,
385     purge Your or the Contracting Party’s data from its systems, including
386     but not limited to, account information, users, settings, and any data
387     (files, etc.) that may be stored by LMI.
388    
389     9.13 LogMeIn Hamachi Subscription. LogMeIn Hamachi and LogMeIn
390     Hamachi2 are licensed using two distinct methods based on status as
391     a commercial or non-commercial user. Commercial users are defined
392     as for-profit businesses, government institutions (federal, state,
393     local), educational institutions (including universities and state or
394     local school systems), any individuals using the product on behalf
395     of such entities or institutions and any other individual or entity
396     not specifically defined as a "Non-commercial user". Non-commercial
397     users are defined as individuals using the product for personal use,
398     such as a gaming or family network, and non-profit institutions
399     (as defined by the IRS as a 501c corporation or similarly situated
400     international non-profits). Commercial users must pay LMI a monthly or
401     annual subscription fee in accordance with the terms hereof in order to
402     use LogMeIn Hamachi or LogMeIn Hamachi2. Non-commercial users may use
403     LogMeIn Hamachi or LogMeIn Hamachi2 free of charge and without the need
404     to pay any subscription fee. Prior to subscribing to LogMeIn Hamachi
405     or LogMeIn Hamachi2, You/the Contracting Party will be asked to verify
406     status as a commercial or non-commercial user. All final determinations
407     shall be made by LMI in its sole discretion. LMI reserves the right,
408     in accordance with its terms and conditions of use, to discontinue any
409     subscription to LogMeIn Hamachi or LogMeIn Hamachi2.
410 hwoarang 1.1
411     10. Termination
412    
413 ulm 1.2 LMI may in its sole discretion immediately terminate these Terms and this
414     subscription, license and right to use any Product if (i) the Contracting
415     Party declares bankruptcy, is involved in any bankruptcy proceedings or
416     is otherwise insolvent, (ii) You or the Contracting Party breach these
417     Terms; (iii) LMI is unable to verify or authenticate any information You
418     provide to LMI; (iv) such information is or becomes inaccurate; or (v) LMI
419     decides, in its sole discretion, to discontinue offering the Product. LMI
420     shall not be liable to You, the Contracting Party or any third party for
421     termination of the Service or use of the Products. Upon expiration or
422     termination for any reason, You and the Contracting Party are no longer
423     authorized to use the Products. When these Terms are terminated and/or
424     the subscription is canceled, You and the Contracting Party will no longer
425     have access to data and other material You or the Contracting Party have
426     stored in connection with any Service and that material may be deleted
427     by LMI. All disclaimers, limitations of warranties and damages, and
428     confidential commitments set forth in these Terms or otherwise existing
429     at law survive any termination, expiration or rescission of these Terms.
430 hwoarang 1.1
431     11. Maintenance and Updates
432    
433 ulm 1.2 You understand that LMI may update the Products at any time, but is under
434     no obligation to inform You or the Contracting Party of or furnish to
435     You or the Contracting Party any such updates. These Terms do not grant
436     You or the Contracting Party any right, license or interest in or to
437     any support, maintenance, improvements, modifications, enhancements
438     or updates to the Products or supporting documentation. To the extent
439     that LMI supplies any updates to You or the Contracting Party, such
440     updates will be deemed to be subject to the terms of these Terms unless
441     LMI indicates otherwise. LMI reserves the right to charge fees for any
442     future versions of, or updates to, the Products.
443 hwoarang 1.1
444     12. Export Law Assurances
445    
446 ulm 1.2 The Products are subject to the United States Export Administration
447     Regulations. No Software or Service may be downloaded, used or exported
448     (i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan,
449     Syria, or any other country to which the United States has embargoed
450     goods; or (ii) any person or entity on the United States Treasury
451     Department's list of Specially Designated Nationals or the U.S. Commerce
452     Department's Denied Persons List or Entity List, or otherwise designated
453     as prohibited from receiving U.S. exports. By subscribing to the Service
454     or using any of the Software, You and the Contracting Party represent
455     and warrant that you and it are not- and are not controlled by - any
456     such person or entity and are not controlled by a national or resident
457     of any such country.
458 hwoarang 1.1
459     13. High Risk Activities
460    
461 ulm 1.2 The Products are not fault-tolerant and are not designed, manufactured
462     or intended for use or resale as or with on-line control equipment in
463     hazardous environments requiring fail-safe performance, such as in the
464     operation of nuclear facilities, aircraft navigation or communication
465     systems, air traffic control, direct life support machines or weapon
466     systems in which the failure of the Products could lead directly to death,
467     personal injury or severe physical or environmental damage ("High Risk
468     Activities"). Accordingly, LMI and its suppliers specifically disclaim
469     any express or implied warranty of fitness for High Risk Activities.
470 hwoarang 1.1
471     14. Miscellaneous
472    
473 ulm 1.2 14.1 These Terms represents the complete agreement concerning the subject
474     matter of the Terms and license granted hereunder and, except as set forth
475     herein, may be amended only by a writing executed by both parties. You and
476     the Contracting Party understand and agree that You and the Contracting
477     Party are solely responsible for periodically reviewing these Terms.
478    
479     14.2 These Terms shall be governed by and construed in accordance with
480     the laws of the Commonwealth of Massachusetts and the laws of the
481     United States, without giving effect to any principles of conflict
482     of law. You and the Contracting Party agree that any action at law
483     or in equity arising out of or relating to these Terms shall be filed
484     only in the state or federal courts located in Boston, Massachusetts,
485     and You and the Contracting Party hereby consent and submit to the
486     personal jurisdiction of such courts for the purposes of litigating
487     any such action. The parties specifically disclaim applicability of (i)
488     the United Nations Convention on the Sale of Goods and (ii) any Incoterms.
489    
490     14.3 If any of the provisions of these Terms shall be unlawful, void,
491     or for any reason unenforceable, then that provision shall be deemed
492     severable from these Terms and shall not affect the validity and
493     enforceability of any remaining provisions.
494    
495     14.4 LMI shall have the right to publish the identification of You and
496     the Contracting Party as users of the Service. You and the Contracting
497     Party agree that LMI may use any logo and/or name associated with You
498     or the Contracting Party on LMI's web site and other marketing materials
499     in order to identify You and the Contracting Party as LMI's customers.
500    
501     14.5 Notices by LMI to You or the Contracting Party may be sent to
502     the email address You provide on the Registration Form or otherwise by
503     any means that LMI determines in its sole discretion as likely to come
504     to Your attention. All notices by You or the Contracting Party sent to
505     LMI in connection with these Terms shall be in writing and sent by first
506     class mail or certified mail (receipt being deemed 72 hours after postage
507     and return receipt requested) or personally delivered at the address of
508     LMI set forth herein.
509    
510     14.6 You and the Contracting Party agree not to bring or participate
511     in any class action lawsuit against LMI or any of its employees or
512     affiliates. You and the Contracting Party agree that you will not bring a
513     claim under these Terms more than two years after the expiration of these
514     Terms. The failure of LMI to partially or fully exercise any right shall
515     not prevent the subsequent exercise of such right. The waiver by LMI of
516     any breach shall not be deemed a waiver of any subsequent breach of the
517     same or any other term of these Terms. No remedy made available to LMI
518     by any of the provisions of these Terms is intended to be exclusive of
519     any other remedy, and each and every remedy shall be cumulative and in
520     addition to every other remedy available at law or in equity.
521    
522     14.7 You and the Contracting Party acknowledge and agree that LMI is
523     in the business of providing remote access solutions and that LMI may
524     provide services to third parties, including competitors of You and the
525     Contracting Party, which are the same or similar to the services provided
526     to You and the Contracting Party hereunder.
527 hwoarang 1.1
528     15. Indemnification
529    
530 ulm 1.2 You and the Contracting Party are responsible for maintaining the
531     confidentiality of Your account and password(s). You and the Contracting
532     Party are also responsible for all activities that occur under Your
533     account. You and the Contracting Party hereby agree to indemnify, defend
534     and hold LMI and its affiliates, employees, officers, directors, owners,
535     information providers, agents, licensees, licensors (the "Indemnified
536     Parties") harmless from and against any and all liabilities, claims,
537     costs, including reasonable attorneys' fees, incurred by the Indemnified
538     Parties in connection with any demand, claims, action, suit, or loss
539     arising as a result of (a) any breach by You or the Contracting Party of
540     these terms of use or claims arising from Your or the Contracting Party's
541     account; (b) any fraud or manipulation by You or the Contracting Party;
542     (c) a third-party claim, action or allegation of infringement based
543     on information, data, files or other content submitted by You or the
544     Contracting Party; or (d) any claims of credit card fraud based on
545     any information released by You or the Contracting Party. You and the
546     Contracting Party agree to use best efforts to cooperate with LMI in the
547     defense of any demand, claim, action or suit. LMI reserves the right to
548     assume the exclusive defense of any matter subject to indemnification
549     by You and the Contracting Party at LMI's own expense.
550 hwoarang 1.1
551     16. Confidentiality
552    
553 ulm 1.2 You and the Contracting Party shall maintain the confidentiality of
554     information that has been, and will continue to be, provided to You by
555     LMI in connection with the use of the Products. You and the Contracting
556     Party specifically agree as follows:
557    
558     16.1 Obligations. You and the Contracting Party shall (a) maintain
559     in confidence all such information, including but not limited to the
560     Software and Products, (b) not disclose any such information to anyone
561     except Your employees, agents, and consultants on a need-to-know basis
562     (and who have been informed of and acknowledge their obligation to be
563     bound by the terms of these confidentiality terms), and (c) not use LMI's
564     confidential information for any purpose other than that for which it is
565     disclosed. All confidential information shall remain the sole property
566     of LMI. You and the Contracting Party shall have no right, title, or
567     interest in or to the confidential information.
568    
569     16.2 Confidential Information. Information considered confidential by
570     LMI includes, without limitation, information of LMI relating to (a)
571     matters of a technical nature such as trade secret processes or devices,
572     know-how, data, formulas, inventions (whether or not patentable or
573     copyrighted), specifications and characteristics of products or services
574     planned or being developed, and research subjects, methods and results,
575     (b) matters of a business nature such as information about costs,
576     profits, pricing, policies, markets, sales, suppliers, customers,
577     product plans, and business concepts, plans or strategies, (c) matters
578     of a human resources nature such as employment policies and practices,
579     personnel, compensation and employee benefits, (d) other information of
580     a similar nature not generally disclosed by LMI to the public or other
581     information You or the Contracting Party should reasonably believe the
582     be confidential given the circumstances, (e) information concerning Your
583     use of the Products, and (f) the Products.
584    
585     16.3 Exclusions. The obligations imposed by these confidentiality terms
586     shall not apply to any information that (a) is proven by You to have
587     been rightfully received from a third party without accompanying use
588     or disclosure restrictions; or (b) is or becomes generally publicly
589     available through no wrongful act of You or the Contracting Party or
590     any other person or entity with a confidentiality obligation; or (c)
591     is already known to You prior to the date of disclosure as evidenced by
592     documentation bearing a date prior to the date of disclosure; or (d) is
593     approved for release in writing by an authorized representative of LMI; or
594     (e) is required to be disclosed pursuant to court order, duly authorized
595     subpoena, or governmental authority (but You or the Contracting Party
596     shall immediately give LMI written notice and an opportunity to contest
597     such required disclosure).
598    
599     16.4 Remedies. The parties agree that the remedy at law for any breach of
600     any of the covenants and agreements set forth in these confidentiality
601     terms may be inadequate and that, in the event of any such breach or
602     threatened breach, LMI shall, in addition to all other remedies which may
603     be available to it at law, be entitled to equitable relief in the form of
604     preliminary and permanent injunctions without the necessity of proving
605     damages. You and the Contracting Party further agree that the terms of
606     these confidentiality terms shall in no way restrict or limit any other
607     remedies LMI may have against You and the Contracting Party. LMI shall
608     be entitled to recover the costs including reasonable attorney's fees,
609     to enforce its rights under these confidentiality terms.
610    
611     16.5 Return of Confidential Information. Upon the written request of
612     LMI, You and the Contracting Party shall return, or certify that it
613     has destroyed, all information disclosed under these confidentiality
614     terms and any memorandum, diagrams, or any other documents containing
615     any information disclosed under these confidentiality terms.
616    
617     16.6 Enforceability. In the event any one or more of the provisions of
618     these confidentiality terms shall be invalid, illegal or unenforceable in
619     any respect, the validity, legality and enforceability of the remaining
620     provisions contained herein shall not in any way be affected or impaired
621     thereby.
622    
623     16.7 Application. This Confidentiality Agreement shall control in lieu of
624     and notwithstanding any proprietary or restrictive legends or statements
625     inconsistent with these confidentiality terms that may be associated
626     with any particular information disclosed hereunder.
627    
628     16.8 Surviving Obligations. The confidentiality obligations under these
629     Terms shall survive any termination, expirations, or rescission of
630     these Terms, as well as continue beyond any time in which You or the
631     Contracting Party were using the Service.
632 hwoarang 1.1
633     17. Force Majeure
634    
635 ulm 1.2 No party shall be liable for any performance failure, delay in
636     performance, or lost data under these Terms (other than for delay in
637     the payment of money due and payable hereunder) to the extent said
638     failures or delays are proximately caused by (i) failures of Software
639     or other computer programming, (ii) natural weather events, or (iii)
640     any other causes beyond that party's reasonable control and occurring
641     without its fault or negligence, including, without limitation, failure
642     of suppliers, subcontractors, and carriers, or party to substantially
643     meet its performance obligations under these Terms, provided that in
644     any such event, as a condition to the claim of non-liability, the party
645     experiencing the difficulty shall give the other prompt written notice,
646     with full details following the occurrence of the cause relied upon.
647 hwoarang 1.1 Copyright © 2003 – 2009 LogMeIn, Inc. All rights reserved.

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