Software License Agreement

Effective June 26, 2012

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE USING YOUR LOGITECH PRODUCT OR DOWNLOADING THIS SOFTWARE.  BY USING YOUR LOGITECH PRODUCT OR DOWNLOADING THIS SOFTWARE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.  If you do not agree to the terms of this agreement, promptly return your Logitech product in its original package with your sales receipt within 30 days or in accordance with the return policy of your point of purchase, whichever is longer. If you have accessed the software electronically do not INSTALL the software.

1.  General. The software and documentation accompanying this agreement ("Software") is licensed, not sold, to you by Logitech Europe S.A. (“Logitech”) for use only under the terms and conditions of this 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.  License Grant and Restrictions.  Subject to the terms and conditions of this agreement, Logitech grants to you a limited nonexclusive license to use one copy of the Software only with the Logitech product you have purchased or the Logitech service used by you. 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). 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 NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, MEDICAL DEVICES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

3.  Transfer.  You may not and you agree not to, or to enable others to, sell, re-distribute, rent, lease or sublicense the Software, except that if you purchased a Logitech product with this Software you may transfer the Software upon a permanent transfer of the Logitech product using the Software; provided that: (a) all Software updates in your use or possession are included in the transfer, (b) you do not retain a copy of the Software, full or partial, including copies stored on a computer or other storage device, and (c) the transferee reads and agrees to be bound by the terms and conditions of this agreement.

4.  Termination. This agreement is effective until terminated.  Your right to use the Software will automatically terminate without notice from Logitech if you violate any terms of this agreement.  Upon termination of this agreement, you must stop using the Software and destroy any copies of the Software in your possession or control.  The provisions of paragraphs 5, 6, 10, 11 and 12 will survive any termination of this agreement.

5.  DISCLAIMER OF WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LOGITECH SOFTWARE AND SERVICES ARE PROVIDED "AS IS", 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 LOGITECH SOFTWARE AND 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 LOGITECH SOFTWARE AND 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 LOGITECH SOFTWARE OR SERVICES, THAT THE FUNCTIONS CONTAINED IN THE LOGITECH SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LOGITECH SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LOGITECH SOFTWARE OR 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.

6.  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, 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. 

7.  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.

8.  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. 

9.  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.

10.  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 effect the intent of the parties, and the remainder of this agreement will continue in full force and effect.  

11.  Complete Agreement; Governing Language.  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. No amendment to or modification of this agreement 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 this agreement will govern.

12. Open Source Software.   The Software may contain open source components. If so, the open source portions of the Software are not licensed under the terms of this agreement, but are instead licensed under the terms of applicable open source licenses, including but not limited to the BSD License, Apache License or the Lesser GNU General Public License (“Open Source Components”).  If applicable, the Open Source Components applicable to the Software, and associated applicable licenses, are listed at http://opensource.logitech.com. Your use of each Open Source Component is subject to the terms of each applicable license.  You must agree to the terms of each such applicable license, or you should not use the Software.

13. Logitech and its subsidiaries and agents may collect, maintain, process and use diagnostic, technical and related information, including but not limited to information about your Logitech product, computer, system and application software, peripherals and other related devices, that is gathered periodically to facilitate the provision of Updates, product support and other services to you (if any) related to the Logitech software, and to verify compliance with the terms of this agreement. Logitech may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services to you.

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.

© 2013 Logitech. All rights reserved.

ADDITIONAL TERMS FOR MAC APPLICATION SOFTWARE

If you are using the Software on any Mac Device, in addition to the above, the following terms and conditions also apply to your use of the Software:

A.    Acknowledgement.  The terms and conditions of this agreement are concluded between you and Logitech only, and not with Apple, Inc. (“Apple”).  In addition, Logitech, not Apple, is solely responsible for the Software and the content thereof.  You agree to comply with any applicable third party terms of agreement when using the Software.  You and Logitech acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of the terms and conditions of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary thereof. 

B.    Scope of License.  The terms of the License Grant in Section 2 above are hereby replaced with the following: 

Subject to the terms and conditions of this agreement, Logitech grants to you a limited nonexclusive license to use one copy of the Software only on a Mac product that you own or control as permitted by the Usage Rules set forth in Apple’s Mac App Store Terms of Service (http://www.apple.com/legal/itunes/us/service.html) in connection with the operation of a Logitech product or service.  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). 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.

C.    Maintenance and Support.  Logitech is solely responsible for providing any maintenance and support services with respect to the Software, if any is specified in this Agreement, or as required under applicable law. You and Logitech acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.

D.    Warranty.  In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you, if applicable.  To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Logitech’s sole responsibility.

E.     Product Claims. You and Logitech acknowledge that in the event of any third party claim that the Software or your possession and use of that Software infringes that third party’s intellectual property rights, Logitech, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

F.     Intellectual Property Rights.  Logitech, not Apple, is responsible for addressing any claims of the end-user or any third party relating to the Software or your possession and/or use of that Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

G.    Legal Compliance.  You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. 

If you have questions, complaints or claims regarding the Software, please direct them to support@logitech.com.  Logitech Europe S.A.’s address is EPFL - Quartier de l'Innovation, Daniel Borel Innovation Center, CH-1015 Lausanne, Switzerland.