PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE OR INSTALLING LOGITECH’S DIGITAL VIDEO SECURITY PRODUCTS OR SOFTWARE.
This Software License and User Agreement (“User Agreement”) governs the Logitech Alert services and WiLife services that Logitech provides to you (including the remote viewing services) (collectively, the “Logitech Services”).
By checking the box “I agree to the terms and conditions” and proceeding, you agree to be bound by all of the terms and conditions of this User Agreement. If you do not agree to the terms and conditions of this User Agreement, then either do not use the Logitech Services or promptly return the software and other items that are part of this product in their original package with your sales receipt to your point of purchase for a full refund, or if you have downloaded this software from a Logitech web site, then you must stop using the software and destroy any copies of the software in your possession or control.
The following are the terms and conditions for use of the Logitech Services and any related software. Please read them carefully. The term “User” in this User Agreement refers to any person or entity that uses the Logitech Services.
1. ACCOUNT INFORMATION
1.1. Registration. You agree to provide Logitech with ongoing, accurate, complete and updated registration information.
1.2. Age Requirement; Authority. In order to use any of the Logitech Services, you must be at least 18 years of age. You represent and warrant that (i) you have read and understood, and that you agree to be bound by, this User Agreement (ii) you are at least 18 years old, (iii) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (iv) and you are not listed on any U.S. Government list as prohibited or restricted parties. If you do not agree to, or cannot comply with, any of these terms and conditions of this Agreement, do not attempt to access any of the Logitech Services.
1.3. User Account. When you register to use the Logitech Services, you will select a user name (an e-mail address) and password. You are entirely responsible for any and all activities conducted through your User Account. You agree to notify Logitech immediately of any unauthorized use of your password or any of your User Accounts, or of any other breach of security.
1.4. Passwords. When you create your User Account, you will select a password. You are responsible for maintaining the confidentiality of your password, and you agree to be liable for all liabilities resulting from any disclosure of your password. Therefore, for security purposes, Logitech recommends that you change your password often. You agree to notify Logitech immediately if you become aware of any unauthorized use of your account or any breach of security. Logitech will not be liable for any loss that you may incur as a result of someone else using your password or account, with or without your knowledge. You may not use another Logitech user’s account without the permission of that user.
2. SOFTWARE LICENSE AND CHARGES FOR USE OF THE LOGITECH SERVICES
2.1. Software Covered by this User Agreement. This User Agreement covers the Logitech software that you are installing to enable you to use the Logitech Services and any other accompanying software (individually and collectively, the “Software”).
2.2. General. The software and documentation accompanying this agreement is licensed, not sold, to you by Logitech Europe S.A. (“Logitech”) for use only under the terms and conditions of this User Agreement. Logitech and its licensors retain ownership of the Software and Logitech reserves all rights not expressly granted to you. The terms of this agreement will govern any software updates provided by Logitech that replace and/or supplement the original Software, unless such update is accompanied by a separate license in which case the terms of that license will govern.
2.3. License Grant and Restrictions. Subject to your completion of the registration process, acceptance of this User Agreement and payment of the subscription fee, if applicable, Logitech grants you a nonexclusive license to install the Software on your computer or other device in conjunction with your use of the Logitech Services.
2.4. Software Restrictions. The Software contains copyrighted material, trade secrets, and other proprietary materials of Logitech and its licensors. You may not and you agree not to, or to enable others to, copy (except as expressly permitted by this agreement), decompile, disassemble, reverse engineer or attempt to derive the source code of, or create derivative works of, or an installer for, the Software or any part thereof (except as expressly permitted by applicable law or by licensing terms governing the use of open-sourced components included with the Software). You may make one copy of the Software for backup purposes, solely for use with Logitech products you have purchased or Logitech Services used by you; provided that any copies must include all copyright or other proprietary notices contained on the original. THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF DEVICES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
2.5. User Hardware. You agree to use hardware, operating systems and applications software compatible with the Software and the Logitech Services, as specified in Logitech’s system requirements provided with the Logitech Products, including the proper use of security and encryption functions available to you in such hardware, operating systems and applications software.
2.6. Intellectual Property Rights in Software. You acknowledge and agree that as between you and Logitech, any and all copyright, moral rights, patent rights, and other intellectual property rights in the Software are owned by Logitech. You may not remove any copyright or other proprietary or product identification notices contained in or displayed by the Software, or contained in any written material which may relate to the Software. You also acknowledge and agree that the Software has been developed in part by, and may include software licensed by, third party licensors. If you violate any provisions of this User Agreement, you may incur legal liability to Logitech and/or any third party licensors.
2.7. Charges. You will be charged for the Logitech Services in accordance with the service plan level to which you subscribe. Logitech may change prices at any time without prior notice, and any new price shall apply to the next billing cycle. YOU ACKNOWLEDGE AND AGREE THAT LOGITECH ONLY PROVIDES THE SOFTWARE AND LOGITECH SERVICES AND DOES NOT HAVE CONTROL OVER THE INTERNET SERVICES OR THE WIRELESS SERVICES ACTIVITIES OF YOUR WIRELESS SERVICE PROVIDER, WHICH ARE THE SOLE RESPONSIBILITY OF SUCH PROVIDERS. SEPARATE CHARGES MAY APPLY TO YOUR USE OF SUCH INTERNET AND WIRELESS SERVICES.
3. RESTRICTIONS
3.1. Use Restrictions. As a condition of your use of Logitech Services, including the remote viewing services, you agree not to use any services for any purpose that is (i) prohibited under this User Agreement; (ii) unlawful or tortious under applicable federal, state or local laws and regulations, or (iii) inconsistent with applicable community standards. You may not use the Logitech Services in any manner that could damage, disable, overburden, or impair any Logitech server or network, or interfere with any other party's use of Logitech Services. You may not attempt to gain unauthorized access to any Logitech server, network, or services through hacking, password capture or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Logitech Services. You may not reproduce, resell or distribute the Logitech Services for any purpose. You may not use the Logitech Services to generate income from the Logitech Services or use the Logitech Services for the development, production or marketing of a service or product substantially similar to the Services. Logitech has no obligation to monitor your use of any services. However, Logitech reserves the right to review materials routed through any Logitech server or network and to remove any materials in its sole discretion.
3.2. Content Restrictions. The term “Content” includes all communications, text, audio, video, graphics, sounds and other material. You may not use the Logitech Services to transmit, share or post any inappropriate content or materials, including without limitation materials containing viruses or other harmful code; unsolicited mail (spam); copyrighted materials to which you do not have appropriate rights; sexually explicit images, pornography or other content which is offensive to community standards or harmful to minors; harassing, harmful, unlawful, vulgar, obscene, hateful, tortious or defamatory materials; may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, trade secret, patent, publicity right or privacy right; or other materials prohibited by applicable international, federal, state or local laws and regulations
You agree to fully comply with all federal, state and local privacy laws in connection with use of the Software and the Logitech Services. Logitech shall have the right, but not the obligation, to monitor your use of the Logitech Services. If Logitech becomes aware that you are using the Logitech Services to transmit any other Content which Logitech considers inappropriate, Logitech may notify you to advise that transmission of such Content is prohibited. The prohibitions set out in the section will apply to such Content immediately upon such notification. Logitech shall also have the right to block your use of the Logitech Services in the event of any breach of these restrictions. Such action may be immediate and without notice.
4. DISCLAIMER OF WARRANTY
4.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND LOGITECH SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SOFTWARE AND LOGITECH SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. LOGITECH AND ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND LOGITECH SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LOGITECH DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE OR LOGITECH SERVICES, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR LOGITECH SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR LOGITECH SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE OR LOGITECH SERVICES WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIALS PROVIDED OR OBTAINED BY YOU THROUGH THE SOFTWARE OR THE LOGITECH SERVICES WILL MEET YOUR EXPECTATIONS, OR THAT THE ERRORS OR DEFECTS IN THE SOFTWARE OR LOGITECH SERVICES WILL BE CORRECTED. NO LOGITECH DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS DISCLAIMER OF WARRANTY. Some jurisdictions do not allow exclusions of implied warranties or limitations on applicable statutory rights of consumers, so the above exclusions and limitations may not apply to you.
4.2. LOGITECH DOES NOT WARRANT THAT THE LOGITECH SERVICES WILL PROTECT AGAINST INTRUSION, LOSS OF OR DAMAGE TO PROPERTY, PERSONAL INJURY OR LOSS OF LIFE. LOGITECH DISCLAIMS ANY LIABILITY THAT MAY ARISE FROM THE USE OR INABILITY TO USE THE LOGITECH SERVICES OR ITS PRODUCTS. Logitech will not be liable for any failure or non-performance of its products, software or services due to causes beyond its control, including but not limited to power outages, computer failure, user error, unavailability of the internet, or errors, disruption of services or outages by third party providers such as ISPs, mobile phone carriers and data centers. The above limitations will not apply in case of personal injury where and to the extent that applicable law requires such liability. The provisions of this paragraph survive any termination of this agreement.
4.3. LOGITECH DOES NOT MONITOR OR EDIT THE CONTENT WHICH YOU RECEIVE THROUGH THE LOGITECH SERVICES, AND ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR THAT CONTENT REGARDLESS IF SUCH CONTENT IS TRANSMITTED TO YOU IN BREACH OF THE TERMS OF THIS USER AGREEMENT. LOGITECH MAKES NO WARRANTY WITH RESPECT TO THE CONTENT YOU MAY RECEIVE THROUGH THE LOGITECH SERVICES.
YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 4, THE TERM LOGITECH INCLUDES LOGITECH’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL LOGITECH OR ITS LICENSORS BE LIABLE FOR ANY COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, LOSS OF INFORMATION OR DATA, OR ANY OTHER SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING IN ANY WAY OUT OF THE SALE, LICENSE OR USE OF, OR INABILITY TO USE ANY LOGITECH PRODUCT OR SERVICE (INCLUDING THE SOFTWARE AND LOGITECH SERVICES), HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE), EVEN IF LOGITECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL LOGITECH'S AND ITS LICENSORS’ TOTAL LIABILITY EXCEED THE ACTUAL MONEY PAID FOR THE LOGITECH PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. The above limitations will not apply in case of personal injury where and to the extent that applicable law requires such liability.
YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 5, THE TERM LOGITECH INCLUDES LOGITECH’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
6. PROPRIETARY RIGHTS TO CONTENT. You acknowledge that: (a) the Logitech Services may permit access to Content that is protected by copyrights, trademarks, service marks, patents, rights of publicity, or other proprietary rights owned by Logitech or third parties (collectively, “Rights”), (b) these Rights are valid and protected in all media existing now or later developed, and (c) except as is explicitly provided otherwise, your use of Content shall be governed by generally applicable copyright and other intellectual property laws. Applicable laws may prohibit you from making a copy of audio or video content without the permission of all parties to the conversation or participants. Other than as specified above, you may not modify, copy, reproduce, republish, upload, post, transmit, sell, publish, broadcast, create derivative works from, perform, or distribute in any way Content available through the Logitech Services without express prior written consent.
7. INDEMNIFICATION
YOU WILL INDEMNIFY AND HOLD LOGITECH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF (i) YOUR BREACH OF THIS AGREEMENT OR YOUR USE OF THE SOFTWARE IN VIOLATION OF THIS USER AGREEMENT, OR (ii) ANY INFRINGEMENT BY YOU OF THE COPYRIGHT, INTELLECTUAL PROPERTY RIGHTS OR RIGHTS OR PUBLICITY OF ANY THIRD PARTY.
8. TERM AND TERMINATION. This User Agreement is effective upon your assent to its terms and conditions and shall continue for the trial, basic or paid subscription period set forth in the registration form unless otherwise terminated as provided hereunder. You may convert a basic or trial subscription to a paid subscription or renew an existing paid subscription prior to its termination by following the related instructions reflected inside the Logitech Services websites at http://alert.logitech.com or http://online.wilife.com. Either you or Logitech may terminate your User Account at any time with or without cause. In the event Logitech terminates your User Account without cause and you have a paid subscription, Logitech will refund the unused prorated portion of the fee paid as of the date of termination. Your only remedy with respect to any dissatisfaction with (i) the Software and/or the Logitech Services, (ii) any User Agreement term, (iii) any policy or practice of Logitech in operating the Logitech Services, or (iv) Content transmitted through the Logitech Services, is to terminate your User Account. Upon any violation of any of the provisions of this User Agreement, rights to use the Software and the Logitech Services shall automatically terminate and you must destroy all copies of the Software in your possession or control. The provisions of paragraphs 2.6, 4, 5, 12 and 13 will survive any termination of this agreement.
9. U.S. GOVERNMENT END USERS. The Software is a “Commercial Item”, as that term is defined at 48 C.F.R. 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” and is being licensed to U.S. Government end users (a) only as Commercial Items, and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions of this agreement. Unpublished-rights reserved under the copyright laws of the United States.
10. EXPORT LAW ASSURANCES. You agree that you may not export or re-export the Software in violation of any applicable laws or regulations including without limitation those of the United States of America, the European Union, Switzerland and/or the laws or regulation of the jurisdiction(s) in which the Software was obtained.
11. AGENTS AND THIRD PARTY PURCHASERS. If you are acquiring the Software on behalf of another person or entity, you represent and warrant that you have the authority to bind the party or entity for which you are acquiring the Software to the terms and conditions of this agreement.
12. CONTROLLING LAW AND SEVERABILITY. If you are in the U.S.A., this agreement will be exclusively governed by and construed in accordance with the laws of the United States and the State of California, without regard to or application of its choice of law rules or principles. If you reside outside the U.S.A., this agreement will be exclusively governed by the laws of Switzerland. If for any reason a court of competent jurisdiction finds any provision of this agreement, or portion thereof, to be unenforceable, that provision of the agreement will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this agreement will continue in full force and effect.
13. COMPLETE AGREEMENT; GOVERNING LANGUAGE. This agreement constitutes the entire agreement between the parties with respect to the use of the Software and the Logitech Services and supersedes all prior or contemporaneous understandings, communications or agreements, written or oral, regarding such subject matter. No amendment to or modification of this agreement will be binding unless in writing and signed by Logitech. The waiver by either party of any default or breach of this User Agreement shall not constitute a waiver of any other or subsequent default or breach. Any translation of this agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this agreement will govern.
Questions concerning the terms and conditions of this User Agreement may be addressed to Logitech at: Logitech, Inc. 6505 Kaiser Drive, Fremont California 94555, Attention: Digital Video Security, or submitted at www.logitech.com/contact.
The Software is protected by United States copyright law and international treaty. Unauthorized reproduction or distribution of the Software is subject to civil and criminal penalties.
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