Terms and Conditions of Use
IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY WHEN PURCHASING OR ACCESSING THE LISTED SERVICES AND/OR SOFTWARE FROM LOGMEIN, INC. (“LMI INC.”) OR ITS WHOLLY OWNED SUBSIDIARY, LOGMEIN IRELAND LTD. (“LMI IRELAND”), AS APPLICABLE, (LMI INC. AND LMI IRELAND, TOGETHER REFERRED TO AS "LMI"). These terms and conditions ("Terms") govern the use and licensing by LMI of the following LogMeIn® cloud-based service(s): (LogMeIn Backup®, BoldChat®, LogMeIn® CentralTM, LogMeIn Free®, LogMeIn Hamachi®, join.me®, LogMeIn Pro®, LogMeIn Rescue® or LogMeIn® Rescue+MobileTM, and any other related software or services, including the Network Console™) (each a "Service"). BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS, CLICKING THE "SUBMIT" OR "ACCEPT" BUTTONS, USING ANY OF THE SERVICES OR OTHERWISE INDICATING ACCEPTANCE OF THESE TERMS, YOU AND ANY PARTY OR ENTITY YOU ARE USING/PURCHASING THE SERVICE ON BEHALF OF (TOGETHER REFERRED TO AS "YOU" OR "YOUR"), REPRESENT AND WARRANT THAT: (I) YOU ARE AUTHORIZED TO BIND YOURSELF AND ANY OTHER PARTY ON WHOSE BEHALF YOU USE THE SERVICE AND/OR SOFTWARE AND (II) YOU AGREE TO BE BOUND BY ALL OF THESE TERMS (INCLUDING THE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY SECTIONS SET FORTH BELOW) TO THE EXCLUSION OF ANY OTHER RIGHTS AND OBLIGATIONS, SUCH AS ANY RIGHTS, OBLIGATIONS OR OTHER TERMS LISTED ON A PURCHASE ORDER OR THE LIKE YOU MAY PROVIDE LMI AND YOU AGREE THAT ANY SUCH RIGHTS, OBLIGATIONS OR OTHER TERMS LISTED ON SUCH PURCHASE ORDER OR THE LIKE ARE HEREBY NULL AND VOID. YOU UNDERSTAND AND AGREE THAT WHEN ORDERING OR ACCESSING LMI’S SERVICES FROM COUNTRIES LOCATED OUTSIDE OF THE UNITED STATES YOU ARE ENTERING INTO A BINDING CONTRACT WITH LMI IRELAND, NOT LMI INC., AND LMI IRELAND SHALL SERVE AS THE SELLER OF RECORD TO YOU. FOR THE AVOIDANCE OF DOUBT, ANY REFERENCES TO “LMI” IN THESE TERMS RELATED TO (i) THE SALE OF SERVICES TO CUSTOMERS LOCATED OUTSIDE OF THE UNITED STATES OR (ii) THE REPORTING AND/OR PAYMENT OBLIGATIONS IN CONNECTION THEREWITH, SHALL BE CONSTRUED AS REFERENCES TO LMI IRELAND AND NOT LMI INC.
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 terminate Your rights to access, receive, use and license the Service and its related software immediately upon notice.
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. 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. 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. LMI is not responsible for the images/sounds/etc. You may view or experience when accessing or viewing another party’s computer. 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.
3. Passwords and Security
3.1 As part of the registration process described above for each Service, You and the Contracting Party must use Your email address to create a username and choose a password for access to Your LogMeIn account (LMI recommends choosing a password for the Service that is different from the username and password to Your computer). You agree to carefully safeguard all of Your passwords. LMI does not maintain a database of user passwords so You are solely responsible if You do not maintain the confidentiality of Your passwords and account information. Furthermore, You are solely responsible for any and all activity that occurs under Your account. You agree to immediately notify LMI of any unauthorized use of Your account or any other suspected breach of security known to You, including if You believe that Your password and/or account information has been stolen or otherwise compromised. Access to, and use of, password-protected and/or secure aspects of the Service is restricted to authorized users only. Unauthorized individuals attempting to use the Service may be subject to prosecution.
3.2 LMI is not liable for any loss incurred by You resulting from another's use of Your password, account, or public / private key, as may be applicable, either with or without Your knowledge. However, You may be held liable for losses incurred by LMI or another party due to another's use of Your password, account, or public / private key, as may be applicable, either with or without Your knowledge. You shall not access or use someone else's account at any time, without the permission of the account holder.
3.3 LMI does not send emails asking for a user's LogMeIn username and password or any other username or password. To keep the Service secure, You should keep all usernames and passwords confidential.
4. End User License Agreement
LMI hereby grants You a right and license to use the Service and other software associated with the Service (together, the "Licensed Programs") under the restrictions, terms and conditions set forth in these Terms.
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 risk.
5.2 ALL INFORMATION, DOCUMENTATION AND SERVICES PROVIDED BY LMI ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LMI EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, AND GUARANTEES WITH RESPECT TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS, OR OTHERWISE. LMI MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES LMI MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICES, WHETHER MADE BY EMPLOYEES OF LMI OR OTHERWISE, WHICH IS NOT CONTAINED IN THIS AGREEMENT, SHALL BE DEEMED TO BE A WARRANTY BY LMI FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF LMI WHATSOEVER.
6. Limitations of Damages and Liability
6.1 YOU AGREE THAT THE CONSIDERATION WHICH LMI IS RECEIVING HEREUNDER DOES NOT INCLUDE CONSIDERATION FOR ASSUMPTION BY LMI OF THE RISK OF YOUR SPECIAL, CONSEQUENTIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES. LMI AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR OTHER INDIRECT DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT PRODUCTS OR SERVICES, LOSS OR DAMAGE TO INFORMATION OR DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LMI BE LIABLE FOR DAMAGES RESULTING FROM USE OF THE SERVICE, OR RELIANCE ON THE INFORMATION PRESENTED IN CONNECTION WITH THE SERVICE, EVEN IF LMI OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE NOT TO ASSERT ANY SUCH CLAIM AGAINST LMI OR ITS SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, OR EMPLOYEES.
6.2 YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. IN NO EVENT SHALL LMI'S TOTAL LIABILITY FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO LMI, IF ANY, FOR THE SERVICE DURING THE 12 MONTHS IMMEDIATELY BEFORE THE CLAIM AROSE. IN THE EVENT THAT APPLICABLE LAW LIMITS THE EXCLUSION OF IMPLIED WARRANTIES OR THE ABOVE LIMITATIONS OF LIABILITY, THE MAXIMUM AMOUNT OF EXCLUSIONS ALLOWED UNDER APPLICABLE LAW SHALL BE APPLIED.
6.3 ALL DISCLAIMERS, LIMITATIONS OF WARRANTIES AND DAMAGES, AND CONFIDENTIAL COMMITMENTS SET FORTH IN THESE TERMS OR OTHERWISE EXISTING AT LAW (1) ARE OF THE ESSENCE OF THE AGREEMENT OF THE PARTIES, AND (2) SURVIVE ANY TERMINATION, EXPIRATION OR RESCISSION OF THESE TERMS.
7.1 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 gives 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 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 LogMeIn, 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.
8.9 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 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.
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 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.
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 and LMI’s provision of the Service. You specifically agree as follows:
14.1 Obligations. You shall (a) maintain in confidence all such information, including but not limited to the software and the Service, (b) not disclose any such information to anyone except Your employees, agents, and consultants on a need-to-know basis (and who have been informed of and acknowledge their obligation to be bound by these confidentiality terms), and (c) not use LMI's confidential information for any purpose other than that for which it is disclosed. All confidential information shall remain the sole property of LMI. You shall have no right, title, or interest in or to the confidential information.
14.2 Confidential Information. Information considered confidential by LMI includes, without limitation, information of LMI relating to (a) matters of a technical nature such as trade secret processes or devices, know-how, data, formulas, inventions (whether or not patentable or copyrighted), specifications and characteristics of products or services planned or being developed, and research subjects, methods and results, (b) matters of a business nature such as information about costs, profits, pricing, policies, markets, sales, suppliers, customers, product plans, and business concepts, plans or strategies, (c) matters of a human resources nature such as employment policies and practices, personnel, compensation and employee benefits, (d) other information of a similar nature not generally disclosed by LMI to the public or other information You should reasonably believe to be confidential given the circumstances, (e) information concerning Your use of the Service, and (f) the Service 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; or (b) is or becomes generally publicly available through no wrongful act of You 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 shall immediately give LMI written notice and an opportunity to contest such required disclosure).
14.4 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 further agree that the terms of these confidentiality terms shall in no way restrict or limit any other remedies LMI may have against You. LMI shall 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 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.
14.6 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.
14.7 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.
14.8 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 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, 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.
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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