Terms and Conditions: LogMeIn Rescue® CallingCard
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING OR ACCESSING ANY SERVICES AND/OR SOFTWARE FROM LOGMEIN, INC. OR ITS WHOLLY OWNED SUBSIDIARY, LOGMEIN IRELAND LTD., AS APPLICABLE, (TOGETHER REFERRED TO HEREIN AS "LMI"). LMI is the third-party provider of the LogMeIn Rescue service. These terms and conditions ("Terms") govern the use and licensing by LMI of the LogMeIn Rescue application and its related software (together with the LogMeIn Rescue service, the “Service”). BY USING THE SERVICE OR OTHERWISE INDICATING YOUR ACCEPTANCE OF THESE TERMS, YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AUTHORIZED TO ACCEPT AND BIND YOURSELF AND ANY OTHER PARTY ON WHOSE BEHALF YOU USE THE SERVICE AND (II) AGREE TO BE BOUND BY ALL OF THESE TERMS, INCLUDING FOR EXAMPLE, THE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY SECTIONS SET FORTH BELOW. LMI reserves the right, exercised in its sole discretion, to change, modify, add, or delete portions of these Terms at any time.
1. License Grant. LMI hereby grants You a royalty-free, nonexclusive, worldwide, non-transferable, right and license to access, use, execute and/or deploy the Service and its related software, subject to the restrictions set forth in these Terms. The Service is owned and operated by LMI and provided to You on a temporary basis.
1.1. The Service is made available for download solely for use by You according to these Terms. Any reproduction, resale or redistribution of the Service that is not in accordance with these Terms is expressly prohibited, and may result in civil and criminal penalties. The license granted hereunder may not be transferred by You to any third party and is non-exclusive.
1.2. You acknowledge that the Service and its related software are proprietary to LMI and/or its suppliers and are protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. You may not remove any proprietary notices or labels from the Service. You may not alter, modify, redistribute, sell, auction, decompile, reverse engineer, disassemble or otherwise reduce the Service to a human-readable form. You may not reproduce, distribute or create any derivative works based on the Service without expressly being authorized in writing to do so by LMI. All rights not expressly granted in these Terms are reserved to LMI and its suppliers.
2. End User Conduct. You are solely responsible for the content of Your computer, mobile device and/or website and their transmissions when using the Service. When using the Service, You agree to comply with all applicable laws, rules and regulations.
3. Disclaimer of Warranties. Use of the Service is at Your own risk. 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.
4. Limitations of Damages and Liability. 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. 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 $25,000. ALL DISCLAIMERS, LIMITATIONS OF WARRANTIES AND DAMAGES 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.
5. Links to Third-Party Web Sites. The Service may contain links to other sites operated by third parties. A link to a third-party site does not constitute sponsorship, endorsement, approval, or responsibility. LMI makes no representation or warranty as to any products or services offered on any third-party site. Conditions of use and privacy policies for third-party sites may differ substantially from the legal notices that apply to Your use of the Service. LMI recommends reviewing the conditions of use for all third-party sites for more information about the terms and conditions that may apply to them.
6. Miscellaneous. These Terms represents the complete agreement concerning the subject matter of the license granted hereunder. 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. 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.
Copyright © 2003 - 2015 LogMeIn, Inc. All rights reserved.
The Products contain certain open source software. Please review https://secure.logmein.com/policies/openSourceDisclosure.aspx for the required disclosures and disclaimers regarding such open source software.
Certain products provided under U.S. patent No. 7,310,736 and related patents.
This software uses code of http://ffmpeg.org licensed under the http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html and its source can be downloaded http://ffmpeg.org.