VIDEO CALLS WITH LIFESIZE WEBRTC (BETA) TERMS OF SERVICE

Welcome to the Video Calls with LifeSize WebRTC (Beta)!  By using the Video Calls with LifeSize WebRTC (Beta) service (the “Services” or “Video Calls with LifeSize”) and related software (the “Logitech Software”) or clicking the “I agree to the Terms of Service" button, you are stating that you are at least 18 years of age, and you agree to the following terms and conditions, and any policies, guidelines or amendments to them that may be presented to you from time to time (collectively, the “Terms”).  We may update the Terms in the future, and you will be able to find the most current version of this agreement at http://www.lifesize.com/webrtc/termsThese Terms of Service constitute a valid and binding agreement (“Agreement”) between the Logitech entity specified below (“Logitech”) and you, as a user of the Video Calls with LifeSize Beta.

  • If your principle place of business is located in the United States of America, Canada, Latin America or the Caribbean, “Logitech” is defined as Logitech Inc. having its principle place of business at 7600 Gateway Boulevard, Newark, California 94560, the United States of America.
  • If your principle place of business is located in Europe, the Middle East, Africa, Russia or the Commonwealth of Independent States, “Logitech” is defined as Logitech Europe S.A. having its principle place of business at Rue Du Sablon 2-4, 1110 Morges, Switzerland.
  • If your place of business is located in the Asia Pacific region, “Logitech” is defined as Logitech Asia Pacific Limited having its principle place of business at 18th Floor, Cambridge House, Taikoo Place, 979 King’s Road, Quarry Bay, Hong Kong.

Please read these Terms carefully.  If you do not agree to the Terms, please click the “Back” button or do not use the Services.

Please note the following preliminary terms:

Electronic Signatures and Agreement(s): You acknowledge and agree that by clicking on the “I agree to the Terms of Service" button or similar buttons or links as may be designated by Logitech to show your approval of any foregoing texts and/or to download and install the Logitech Software, you are entering into a legally binding contract. You hereby agree to the use of electronic communications in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Logitech Software and Video Calls with LifeSize. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.

Jurisdiction’s Restrictions: If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as these Terms according to age and you are under such a jurisdiction and under such age limit, you may not enter into this Agreement and download, install or use the Logitech Software or the Video Calls with LifeSize Beta. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to offer or use software for internet communication, you may not enter into this Agreement and you may not download, install or use the Logitech Software or Video Calls with LifeSize. By entering into this Agreement you explicitly state that you have verified in your own jurisdiction if your use of the Logitech Software or Video Calls with LifeSize is allowed.

  1. USE OF SERVICES

    1.1          Communication. Using the Video Calls with LifeSize Beta allows you to place video calls to someone on most standards based video conferencing system.  Please remember though that this is a beta and so Logitech cannot guarantee that you will always be able to communicate with other people, nor can Logitech guarantee that you will be able to communicate without disruptions, delays or communication-related flaws or that all your communications will always be delivered to other people. There may be times where the product is down due to system errors or other power outages or Internet service disruptions that we do not have any control over and you may experience some disruptions (e.g. packet loss and delay) which will interfere with the quality of your communications.  In addition, we cannot guarantee that we will keep Video Calls with LifeSize around.  We may without notice decide to discontinue the Video Calls with LifeSize service.

  2. PRIVACY

    For information about our data protection practices, please see our Privacy Policy for the Video Calls with LifeSize Beta at http://www.lifesize.com/webrtc/privacy.  By using the Services, you acknowledge and agree that Logitech may access, preserve, and disclose your account information and any Content (as defined below in Section 3) associated with your use if required to do so by law, regulation, legal process or enforceable governmental request, or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) enforce the Terms, including investigation of potential violations hereof; (b) detect, prevent, or otherwise address fraud, security or technical issues; or (c) protect against imminent harm to the rights, property or safety of Logitech, its users or the public as required or permitted by law.   You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, devices or services.  You also understand and agree that your Administrator may have access to your User Account and its content, and may suspend or terminate your User Account and your ability to modify your User Account.

  3. RESPONSIBILITY FOR CONTENT 

    3.1          Content.  The term "Content" includes all information, data, communications, text, audio, video, graphics, sounds, and other material transmitted through Video Calls with LifeSize.  You agree that all Content is the sole responsibility of the person from which the Content originated. You are responsible for all Content sent by you or displayed or uploaded by you in using the Services.  You agree to use the Services only for purposes that are legal, proper and in accordance with the Terms.  You agree that you will not engage in any activity that interferes with or disrupts the Services or networks attached to the Services.  Logitech reserves the right to investigate anyone who, in Logitech’s sole discretion, is suspected of violating this section, and Logitech may take any appropriate action, including but not limited to issuing warnings, removing the Content or terminating accounts.

    3.2          Use Outside the United States.  Users outside of the United States agree to comply with their own local rules regarding online conduct and acceptable Content, including laws regulating the export of data to and from the United States or your country of residence.

    3.3          No Responsibility of Content. You acknowledge that Logitech does not monitor or edit the Content which you or any other users transmit using Video Calls with LifeSize, and accepts no responsibility for any Content.  You, therefore, may be exposed to Content that is offensive, harmful to minors, indecent or otherwise objectionable.

  4. LICENSE AND RESTRICTIONS

    4.1          Proprietary Rights.  You acknowledge and agree that Video Calls with LifeSize and the Logitech Software contain proprietary and confidential information of Logitech and its licensors that is protected by applicable intellectual property and other laws and treaties.  Logitech retains ownership of all proprietary rights in all trade names, trademarks, service marks, logos and domain names associated with or displayed with the Services.   You may not remove any copyright or other proprietary or product identification notices contained in or displayed by the Services or Logitech Software, or contained in any written material which may relate to the Services or Logitech Software. 

    4.2          License Grant.  Subject to these Terms, Logitech grants you a personal, nonexclusive license to use the Video Calls with LifeSize beta and Logitech Software; provided that you do not (and do not allow any third party to) copy, modify, decompile, disassemble, reverse engineer or attempt to derive the source code of, or create derivative works of, or an installer for, the Logitech Software or any part thereof (except as expressly permitted by the Terms, by applicable law or by licensing terms governing the use of open-sourced components included with the Logitech Software, or except as specifically authorized in a separate written agreement with Logitech).

    4.3          No Transfer. You may not and you agree not to, or to enable others to, sell, assign, rent, sublicense, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Logitech Software or any part thereof. 

    4.4          Proprietary Rights to Content. You acknowledge that: (a) Video Calls with LifeSize 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 through Video Calls with LifeSize without the permission of all parties to the conversation or participants in the video. 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 Video Calls with LifeSize, including code and software, without the express prior written consent of Logitech.

    4.5          No Modifications. You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation or hacking of the Logitech Software or any part thereof.

    4.6          Third Parties. You acknowledge and agree that the Logitech Software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Logitech Software falls under the scope of this Agreement. Any and all other third party software or technology that may be distributed together with the Logitech Software will be subject to you explicitly accepting a license agreement with that third party. You acknowledge and agree that you will not enter into a contractual relationship with Logitech or its Affiliates regarding such third party software or technology and you will look solely to the applicable third party and not to Logitech or its Affiliates to enforce any of your rights.

    4.7          New Versions of the Logitech Software. Logitech, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Logitech Software. You acknowledge and agree that Logitech has no obligation to make available to you any subsequent versions of the Logitech Software. You also agree that you may have to enter into a renewed version of this Agreement, in the event you want to download, install or use a new version of the Logitech Software. Furthermore, you acknowledge and agree that Logitech, in its sole discretion, may modify or discontinue or suspend your ability to use any version of the Logitech Software, and/or disable any Logitech Software you may already have accessed or installed without any notice to you, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where you, at Logitech’s discretion, are in breach of this Agreement, creating possible legal liabilities, acting inconsistently with the letter or spirit of our acceptable use policies, which can be found at www.lifesize.com, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons. Logitech will not accept any liability in relation to the direct or indirect damages caused by (1) the release and/or the absence of release of new versions of the Logitech Software; and (2) by the suspension or termination of the license or this Agreement by Logitech and/or by you.

  5. YOUR USE OF VIDEO CALLS WITH LIFESIZE AND THE LOGITECH SOFTWARE

    5.1          Protection of your Computer (resources). You understand that Logitech will use commercially reasonable efforts to ensure that the Logitech Software protects the privacy and integrity of the computer resources (or other applicable device) you are utilizing and of your communication, however, you acknowledge and agree that Logitech cannot give any warranties in this respect.

    5.2          No Emergency Services. You expressly agree and understand that the Logitech Software and Video Calls with LifeSize is not intended to support or carry emergency calls to any type of hospital, law enforcement agency, medical care unit or any other kind of emergency service. Logitech is in no way liable for such emergency calls.

    5.3          Alternative Arrangements. By agreeing to these Terms you understand that additional arrangements must be made to access emergency services. To access emergency services, you acknowledge and accept your responsibility to purchase from a third party a traditional wireless or wireline telephone service that offers access to emergency services. You recognize and agree that Logitech is not required to offer emergency services pursuant to any applicable local and or national rules, regulation or law. You further recognize that Logitech is not a replacement for your primary telephone service.

    5.4          Lawful Purposes. You acknowledge and agree to use the Logitech Software, and Video Calls with LifeSize, solely for lawful purposes. In this respect you may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for you; (b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Logitech Software or the communication; (c) send any unsolicited commercial communication not permitted by applicable law; or (d) expose any other user to material which is offensive, harmful to minors, indecent or otherwise objectionable.

  6. SOFTWARE AND AUTOMATIC UPDATES

    The Software may automatically report version number or other diagnostic information and may automatically download upgrades to the Logitech Software to update, enhance and further develop the Services, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions.

  7. OTHER RESTRICTIONS ON USE

    You may not use Video Calls with LifeSize to:

    (a)           harvest or otherwise collect information about others, including email addresses, without their consent;

    (b)           attempt to gain unauthorized access to Video Calls with LifeSize, other User Accounts, computer systems or networks connected to Video Calls with LifeSize, through password mining or any other means;

    (c)           reproduce, sell, or distribute the Services for any purpose unless you have been specifically permitted to do so under a separate agreement with Logitech;

    (d)           offer or use the Services on a timeshare or service bureau basis, or use the Services to operate a Web-site or otherwise generate income from the Services or use the Services for the development, production or marketing of a service or product substantially similar to the Services; or

    (e)           engage in any activity in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services or any servers or networks connected to the Services or the Services security systems.

    Logitech reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to or use of Video Calls with LifeSize, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet Service Provider (ISP).

  8. MODIFICATIONS TO SERVICE

    Again, Video Calls with LifeSize is a beta and Logitech reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Logitech shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, except as expressly provided in a separate written agreement with Logitech.

  9. INDEMNIFICATION

    9.1          By Logitech.  Logitech will indemnify, defend, and hold you harmless from and against all third party liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim that the Services or the Logitech Software infringe or misappropriate any patent, copyright, trade secret or trademark of such third party; provided that you (a) promptly notify Logitech of such a claim; (b) provide Logitech sole control over the defense of such a claim; and (c) cooperate with Logitech in the defense of such a claim.  Notwithstanding the foregoing, in no event shall Logitech have any obligations or liability under this Section arising from: (i) use of any Services or Logitech Software in a modified form or in combination with materials not furnished by Logitech, and (ii) any Content, information or data provided by you, end users or other third parties.

    9.2          By You.  You agree to indemnify and hold harmless Logitech, its affiliates, officers, directors, employees, shareholders, agents, licensors and subcontractors, from and against any and all liabilities, losses, damages, costs and expenses (including legal fees and expenses) associated with any claims, action or proceeding brought against Logitech or its affiliates, officers, directors, employees, shareholders, agents, licensors and subcontractors that may arise from your breach of these Terms, or from any use which you make of the Logitech Software and Video Calls with LifeSize.  Logitech shall have the right to control the defense, settlement, adjustment or compromise of any such claim, action or proceeding using counsel selected by Logitech. Logitech will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. Without limiting the generality of the preceding paragraph, you agree that the indemnity provided in this Section shall include and apply to any liabilities, losses, damages, costs and expenses arising from Content you transmit to others using Video Calls with LifeSize.

    9.3          Possible Infringement.  If Logitech reasonably believes the Services or Logitech Software infringe a third party’s Rights, then Logitech will: (a) obtain the right for you, at Logitech’s expense, to continue using the Services or Logitech Software; (b) provide a non-infringing functionally equivalent replacement; (c) modify the Services or Logitech Software so that they are functionally equivalent and no longer infringe; or (d) suspend or discontinue the Service.  

  10. DISCLAIMER OF WARRANTIES

    10.1        TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIDEO CALLS WITH LIFESIZE AND THE LOGITECH SOFTWARE 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 VIDEO CALLS WITH LIFESIZE AND THE LOGITECH SOFTWARE 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 VIDEO CALLS WITH LIFESIZE AND THE LOGITECH SOFTWARE, 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 VIDEO CALLS WITH LIFESIZE AND THE LOGITECH SOFTWARE, THAT THE FUNCTIONS CONTAINED IN VIDEO CALLS WITH LIFESIZE AND THE LOGITECH SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF VIDEO CALLS WITH LIFESIZE AND THE LOGITECH SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN VIDEO CALLS WITH LIFESIZE OR THE LOGITECH SOFTWARE WILL BE CORRECTED, OR THAT THE QUALITY OF ANY LOGITECH PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU (INCLUDING VIDEO CALLS WITH LIFESIZE AND THE LOGITECH SOFTWARE) WILL MEET YOUR EXPECTATIONS.  NO LOGITECH RESELLER, 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.

    10.2        THE USE OF VIDEO CALLS WITH LIFESIZE AND THE LOGITECH SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 

    10.3        LOGITECH DOES NOT MONITOR OR EDIT THE CONTENT WHICH YOU RECEIVE FROM OTHERS THROUGH VIDEO CALLS WITH LIFESIZE, AND ACCEPTS NO RESPONSIBILITY OR LIABILITY FOR THAT CONTENT REGARDLESS IF SUCH CONTENT IS TRANSMITTED TO YOU IN BREACH OF THESE TERMS. LOGITECH MAKES NO WARRANTY WITH RESPECT TO THE CONTENT YOU MAY RECEIVE THROUGH VIDEO CALLS WITH LIFESIZE.  IN PARTICULAR, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LOGITECH MAKES NO WARRANTY THAT SUCH CONTENT WILL BE FREE OF ANY VIRUS, WORM, TROJAN HORSE, TIME BOMB, CANCELBOT, OR OTHER DESTRUCTIVE PROGRAM.  YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 10, THE TERMS LOGITECH INCLUDES LOGITECH’S AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.

    10.4        THE SERVICES AND SOFTWARE ARE NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, MEDICAL DEVICES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SERVICES OR SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

    10.5        Specific Disclaimer of Liability for Emergency Services. Logitech does not provide emergency services in conjunction with the Logitech Software and Video Calls with LifeSize. Neither Logitech nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to the use of Logitech Software and Video Calls with LifeSize to contact emergency services personnel. You shall defend, indemnify, and hold harmless Logitech, Logitech employees, affiliates and agents and any other service provider who furnishes Services to you in connection with the Logitech Software and Video Calls with LifeSize, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys’ fees) by, or on behalf of, you relating to the absence, failure or outage of the Logitech Software and Video Calls with LifeSize provided hereunder, including specifically any claims arising out of the failure of Logitech to offer emergency services.

    10.6        Your Own Risk. You acknowledge and agree that the entire risk arising out of the use or performance of the Logitech Software and Video Calls with LifeSize remains with you, to the maximum extent permitted by law.

    10.7        End Users. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ALL ACTIVITIES CONDUCTED THROUGH YOUR USE OF VIDEO CALLS WITH LIFESIZE OR THE LOGITECH SOFTWARE. LOGITECH DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE ACTS AND OMISSIONS OF YOUR USE OF VIDEO CALLS WITH LIFESIZE OR LOGITECH SOFTWARE. NEITHER LOGITECH NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO ALL SUCH ACTS AND OMISSIONS.

    10.8        Utilization of Your Device.  The Logitech Software may utilize the processor and bandwidth of the devices you, your Administrators and your end-users are utilizing, for the limited purpose of facilitating the communication between users. Logitech will use its commercially reasonable efforts to protect the privacy and integrity of the resources of such devices. However, Logitech cannot give any warranties in this respect.

    10.9        Force Majeure. You acknowledge and understand that if Logitech is unable to provide the Logitech Software or Services as a result of a force majeure event, Logitech will not be in breach of any of its obligations towards you under this Agreement. A “force majeure” event means any event beyond the control of Logitech. In the event Logitech is affected by a force majeure event, it shall notify you as soon as reasonably practicable of the estimated extent and duration of its inability to perform or delay in performing its obligations. LOGITECH SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.

  11. 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 VIDEO CALLS WITH LIFESIZE AND THE LOGITECH SOFTWARE), 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 purchase. 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 11, THE TERMS LOGITECH INCLUDES LOGITECH’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.

  12. TERMINATION

    12.1        These Terms are Effective Until Terminated. Either you or Logitech may terminate your use of Video Calls with LifeSize and/or the Logitech Software and these Terms at any time with or without cause. Your only remedy with respect to any dissatisfaction with (i) Video Calls with LifeSize or the Logitech Software, (ii) the Terms, (iii) any policy or practice of Logitech in operating Video Calls with LifeSize, or (iv) Content transmitted through Video Calls with LifeSize, is to terminate your use.  Upon any violation of any of the provisions of these Terms, rights to use the Logitech Software and Video Calls with LifeSize shall automatically terminate and you must destroy all copies of the Logitech Software in your possession or control.  If Logitech makes a request via public announcement or press release to stop using the copies of the Logitech Software, you will comply immediately with this request.  The provisions of Sections 5, 7, 10, 11 and 12 will survive any termination of these Terms.

    12.2        Suspension.  If Logitech becomes aware of an end-user’s violation of these Terms, then Logitech may specifically request that you suspend the applicable User Account and will explain the reason for the request to suspend. If you fail to comply with Logitech’s request to suspend use, following written notice, then Logitech may do so.  The duration of any suspension by Logitech will be until the applicable end-user has cured the breach which caused the suspension.

    12.3        Termination by Logitech. Without limiting other remedies, Logitech may limit, suspend, or terminate these Terms and your use of Logitech Software and the Services, prohibit access to Video Calls with LifeSize with immediate effect, if we think that you are in breach of this Agreement, creating possible legal liabilities, acting inconsistently with the our acceptable use policies, which can be found at www.lifesize.com, infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons.

    12.4        Termination by You. You may terminate this Agreement with immediate effect at any time, with or without cause and without recourse to the courts, provided that you will meet with the conditions as set forth in Section 12.5 below.

    12.5        Consequences of Termination. Upon termination of this Agreement, you (a) acknowledge and agree that all licenses and rights to use the Logitech Software shall terminate; (b) will cease any and all use of the Logitech Software; and (c) will remove the Logitech Software from all hard drives, networks and other storage media and destroy all copies of the Logitech Software in your possession or under your control.

    12.6        No Liability. Logitech will not be liable in respect to any damage caused by the termination of this Agreement.

  13. NOTICE

    You agree that Logitech may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on Video Calls with LifeSize.

     

  14. U.S. GOVERNMENT END USERS

    The Logitech 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 these Terms.  Unpublished-rights reserved under the copyright laws of the United States.

     

  15. EXPORT LAW ASSURANCES

    You agree that you may not export or re-export the Software or the Services 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, including, but not limited to, the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the U.S. Treasury Department’s Office of Foreign Assets Control, and the International Traffic in Arms Regulations (“ITAR”) maintained by the U.S. Department of State. You acknowledge that the Logitech Software may be subject to international rules that govern the export of software. You agree to comply with all applicable international and national laws that apply to the Logitech Software as well as end-user, end-use and destination restrictions issued by national governments. 

  16. 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 Licensee resides 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 these Terms, or portion thereof, to be unenforceable, that provision of these Terms will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. 

  17. COMPLETE AGREEMENT; GOVERNING LANGUAGE

    This Agreement constitutes the entire agreement between the parties with respect to the use of the Services and Software and supersedes all prior or contemporaneous understandings, communications or agreements, written or oral, regarding such subject matter. No amendment to or modification of these Terms will be binding unless in writing and signed by Logitech.  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 these Terms will govern.

    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.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE “I AGREE TO THE TERMS OF SERVICE” BUTTON AND/OR CONTINUING TO INSTALL THE LOGITECH SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO LOGITECH THE RIGHTS SET FORTH HEREIN.

 

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