By accessing and using the Logitech web site, you agree to be bound by the following terms and conditions. Please, read this section carefully before using the Logitech web site. The information herein contained has been prepared solely to provide information about Logitech. It does not constitute and offer to sell any securities and must not be relied upon in connection with any investment decision. Logitech reserves the right to change any of the content described in the Logitech web site at any time without notice.
For purpose of your identification in order to access to your personal account and to other services available on the Logitech web site, Logitech may solely rely on the transmission of your personal identification data (username and password). You expressly agree that Logitech may communicate your personal identification data through the Logitech web site. You must not transfer or make available your personal identification data to any third party, including your family, employees and co-workers. You are solely responsible for all acts or omissions that occur under your personal account or your personal identification data. Logitech provides to you the Logitech web site services without any warranty or condition, expressed, implied or statutory. Logitech specially disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
CONFIDENTIAL INFORMATION
By accessing the Logitech web site, you signify your agreement to the following:
- You are an official customer of Logitech and wish to obtain direct access to the Logitech web site which will be uniquely configured to reflect your specification and the current marketing and other activities of Logitech. The Logitech web site contain confidential information of Logitech including but not limited to future product information, marketing plans, financial and other business information [and information which, although already in the public domain can be regarded as confidential by virtue of its inclusion in the unique compilation or configuration of the Logitech web site] (“Confidential Information”), which you agree to keep confidential according to the terms of these Terms of Use. You may use the information from the Logitech web site solely for the purpose of the business relationship between you and Logitech (the “Purpose”). Title to the information will remain with Logitech.
- You will use the same degree of care, but no less than a reasonable degree of care, as you use with respect to your own similar information to protect the Confidential Information and to prevent: (i) any use of Confidential Information not authorized in these Terms of Use; ii) dissemination of Confidential Information to any of your employee without a need to know other than for the Purpose; (iii) communication of Confidential Information to any third party; or (d) publication of Confidential Information other than for the Purpose.
- You acknowledge that damage caused by the improper disclosure of Confidential Information may be irreparable and in the event of disclosure other than as permitted under theses Terms of Use, Logitech is entitled to seek equitable relief, including injunction and preliminary injunction, in addition to all other remedies.
- [Other than in cases where the confidentiality of the Confidential Information arises from the unique compilation or configuration of the information] these Terms of Use impose you no obligation with respect to Confidential Information which: (i) was known to you before receipt from Logitech; (ii) is or becomes publicly available without your fault; (iii) is rightfully received by you from a third party without a duty of confidentiality; (iv) is independently developed by you without a breach of these Terms of Use; or (v) is disclosed by you with Logitech´s prior written approval. If you are required by a government body or court of law to disclose Confidential Information, you agree to give Logitech reasonable advance notice so that Logitech may contest the disclosure or seek a protective order.
- Your duty to protect Confidential Information expires three (3) years from the date on which you obtained the Confidential Information from the Logitech web site. Upon Logitech´s written request, you will promptly return all Confidential Information received from Logitech, together with all copies, or certify in writing that all such Confidential Information and copies thereof have been destroyed.
- You do not acquire any intellectual property rights under these Terms of Use except the limited rights strictly necessary to carry out the Purpose as set forth in these Terms of Use which shall be immediately revocable by Logitech at any time and shall in any event terminate upon completion of the Purpose. These Terms of Use will not be assignable or transferable without the prior written consent of Logitech.
NOTICE FOR SOFTWARE AVAILABLE ON THE LOGITECH WEBSITE
The software that is made available for downloading from this website (the "Software") is owned by Logitech. This Software is protected by copyright laws, and is being made available solely for use by you in accordance with the following Software License Agreement terms and conditions. Any use, reproduction or redistribution of the Software that is not in accordance with the Software License Agreement is expressly prohibited by law, and may result in civil and criminal penalties.
SOFTWARE LICENSE AGREEMENT
LOGITECH IS WILLING TO LICENSE THIS SOFTWARE TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. This is a legal agreement between you (either an individual end-user or an entity) and Logitech ("Agreement"). By using this software, you are agreeing to be bound by the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, 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.
1. Grant of Agreement. Subject to the terms and conditions of this Agreement, Logitech and its suppliers grant to you a nonexclusive license to use one copy of the software program and any documentation accompanying this Agreement ("Software") on one computer only with the Logitech product you have purchased. No other rights are granted. The Software is in use if it is loaded on the computer's permanent or temporary memory. For backup purposes only, you may make one copy of the Software. You must include on the backup copy all copyright and other notices included on the Software as supplied by Logitech. Installation on a network server for the sole purpose of your internal distribution of the Software is permitted only if you have purchased an individual Software license for each networked computer to which the Software is distributed.
2. Restrictions. The Software contains copyrighted material, trade secrets, and other proprietary materials of Logitech and its licensors. You agree that in order to protect those proprietary materials, except as expressly permitted by applicable law, neither you nor a third party acting on your behalf will: (i) decompile, disassemble or reverse engineer the Software; (ii) modify or create derivative works of the Software; (iii) use the Software in any manner to provide service bureau, commercial time-sharing or other computer services to third parties; (iv) transmit the Software or provide its functionality, in whole or in part, over the Internet or other network (except as expressly permitted above); or (v) sell, distribute, rent, lease, sublicense or otherwise transfer the Software to a third party, except upon a permanent transfer of the Logitech product using the Software; provided that: (a) all Software updates are included in the transfer, (b) you do not retain a copy of the Software, and (c) the transferee agrees to be bound by the terms and conditions in this Agreement.
3. Ownership. The Software is licensed, not sold, to you for use only under the terms and conditions of this Agreement, and Logitech reserves all rights not expressly granted to you in this Agreement. Logitech and/or its licensors retain title to the Software, and all intellectual property rights therein.
4. Termination. This Agreement is effective until terminated. Upon any violation of any of the provisions of this Agreement, rights to use the Software shall automatically terminate and the Software must be returned to Logitech or all copies of the Software destroyed. You may also terminate this Agreement at any time by destroying all copies of the Software in your possession or control. If Logitech makes a request via public announcement or press release to stop using the copies of the Software, you will comply immediately with this request. The provisions of paragraphs 3, 7, 8 and 12 will survive any termination of this Agreement.
5. Limited Product Warranty. Logitech warrants to you that the Software will substantially conform to its published documentation and the media containing the Software shall be free from defects in material, each for a period of ninety (90) days from the date of purchase. Logitech's limited warranty is nontransferable and is limited to the original purchaser. This warranty gives you specific legal rights, and you may also have other rights which vary under local laws.
6. Remedies. Logitech's entire liability and your exclusive remedy for any breach of warranty shall be, at Logitech's option, to: (a) repair or replace the Software or media, provided that the Software or media is returned to the point of purchase or such other place as Logitech may direct, with a copy of the sales receipt,or (b) refund the price paid. Any replacement Software or media will be warranted for the remainder of the original warranty period or thirty (30) days,whichever is longer. These remedies are void if failure of the Software or media has resulted from accident, abuse, or misapplication.
7. DISCLAIMER OF WARRANTY. THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT REPLACE ALL OTHER WARRANTIES. LOGITECH AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS WITH RESPECT TO THE SOFTWARE OR MEDIA, AND ANY WARRANTIES OF NON-INTERFERENCE OR ACCURACY OF INFORMATIONAL CONTENT. NO LOGITECH DEALER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATION, EXTENSION, OR ADDITION TO THIS WARRANTY. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
8. LIMITATION OF LIABILITY. IN NO EVENT WILL LOGITECH OR ITS SUPPLIERS 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 OF, USE OF, OR INABILITY TO USE ANY LOGITECH PRODUCT OR SERVICE, EVEN IF LOGITECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL LOGITECH'S AND ITS SUPPLIERS' TOTAL LIABILITY EXCEED THE ACTUAL MONEY PAID FOR THE LOGITECH PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY. 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.
9. U.S. Government Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988) FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. Logitech Inc. 6505 Kaiser Drive, Fremont, CA 94555.
10. Export Law Assurances. You agree and certify that neither the Software nor any other technical data received from Logitech will be exported outside the United States except as authorized and as permitted by the laws and regulations of the United States. If you have rightfully obtained the Software outside of the United States, you agree that you will not re-export the Software nor any other technical data received from Logitech, except as permitted by the laws and regulations of the United States and the laws and regulations of the jurisdiction in which you obtained the Software.
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. General Terms and Conditions. This Agreement will be 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 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 shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to the use of the Software and supersedes all prior or contemporaneous understandings, communications or agreements, written or oral, regarding such subject matter. Logitech may, in its sole discretion, modify portions of this Agreement at any time. Logitech may notify you of any changes by posting notice of such modifications on Logitech's web site(s) or sending notice via e-mail, postal mail or other means. Your continued use of the Software following notice of such modifications shall be deemed to be your acceptance of any such modifications to the Agreement. If you do not agree to any such modifications, you must immediately stop using the Software and destroy all copies of the Software in your possession or control.
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.
NOTICE SPECIFIC TO INFORMATION AVAILABLE ON THE LOGITECH WEBSITE
The information on this website is provided for informational purposes only and is subject to change without notice. It is provided "AS IS" and without any warranty. Any risk arising out of the use of the information on this website shall remain with the reader. IN NO EVENT SHALL LOGITECH BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION), ARISING OUT OF OR IN CONNECTION WITH THE AVAILABILITY, PERFORMANCE OR USE OF THE INFORMATION CONTAINED ON THIS WEBSITE, EVEN IF LOGITECH HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES.
LINKS TO OTHER WEB SITES Links to other web sites are available on the Logitech web site and these links allow you to leave the Logitech web site. The linked sites are not under the control of Logitech and Logitech is not responsible for the contents of any linked site or links within a linked site. These links are provided as a convenience only and do not imply any endorsement or recommendation by Logitech.
TRADEMARKS AND COPYRIGHT NOTICE
Logitech, the Logitech logo, and the Logitech products referred to herein are either the trademarks or the registered trademarks of Logitech. The absence of a product name or logo on this web site does not constitute a waiver of Logitech's trademark or other intellectual property rights concerning that name or logo.
Microsoft, Windows and Windows NT and/or other Microsoft products referenced on the Logitech web site are either trademarks or registered trademarks of Microsoft. All other trademarks are property of their respective owners.
All rights not expressly granted herein are reserved.