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Date: 2024-02-28 Page is: DBtxt003.php txt00004282

User Agreement
Logitech

The Logitech Webcam

Burgess COMMENTARY

Peter Burgess

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.

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YOUR PRIVACY & SECURITY

As your privacy is important to us, Logitech has prepared this Statement of Privacy and Security (“Statement”) so that you may better understand how Logitech uses and protects your personal information. Please take the time to review this page and contact us at privacy@logitech.com with any questions or concerns.

COLLECTION OF INFORMATION

Personal Information

Logitech may ask you to register and provide personal information, such as when you purchase products from our online store, download software, register new products, access product information, features or programs, enter a contest or sweepstakes, or sign into a page that requires authorization. Logitech may also collect credit card information to bill you for products and services that you purchased.

This personal information may include your name, e-mail address, user ID, domain name, URL, mailing address, and telephone number. Logitech may also collect demographic information such as your age, gender, zip code/postal code, education level, household income, operating system, preferences, interests, favorites, and whether you are a personal or business user. If you choose not to register and provide this information, you can still use most of Logitech’s Web site. Unfortunately, you will not be able to access areas that require registration.

In addition, when you choose to use our referral service to tell a friend about our site, we will be asking for your friend’s name and e-mail address. Logitech will automatically send your friend a one-time e-mail inviting him or her to visit the site. Logitech does not store this information and only uses it for the sole purpose of sending this one-time e-mail.

Children's Personal Information

We do not knowingly collect personally identifiable information from users under the age of 13. If we are made aware that we have such personal information, we will take reasonable steps to delete that information.

System Configuration Information Logitech automatically collects on our server logs certain information about your computer hardware and software when you visit our Web site or use Logitech’s online services, such as Logitech Desktop Messenger. This information may include such things as your IP address, cookie information, globally unique identifier, system, operating system, a description of any Logitech products connected and how such products are used, browser type, domain names, access times, service provider and referring Web site addresses.

Web Site Usage Information Logitech tracks information about how you use our website through cookies, globally unique identifiers, Internet tags or web beacons, and tracks navigational data (log files, server logs, click stream). These allow us to track how you interact with Logitech online, and, with your permission, we can tie this information to your personal information to help us tailor communication to you. We also collect information such as the URL of the Web site you previously visited, and when you use our Web site. Logitech also keeps track of the pages you visit within our Web site and any transaction details (downloads, orders, requests, or referrals). You can set your browser to notify you when a cookie is sent or to refuse or delete cookies altogether, but certain features of our Web site might not work.

Information for Using Harmony Remote Controls: If you use a Harmony Remote control or if you visit www.harmonyremote.com , Logitech may also collect certain information about your consumer electronic devices and/or TV channel configurations in order to help you program your remote control.

Information for Using SqueezeNetwork: If you use SqueezeNetwork to obtain Internet music streams, RSS, news feeds and podcasts or if you visit www.squeezenetwork.com, Logitech collects your player’s IP and MAC addresses, e-mail address, zip/postal code, and your user names and passwords in order to help you connect to third party Internet radio or music services for your Squeezebox or Transporter players.

HOW WE USE YOUR INFORMATION

Personal Information With your express permission, Logitech collects, integrates, and uses your personal information to help enhance and personalize your use of our Web site, products and services. This will enable the following: (1) you to quickly find software, services or information on www.logitech.com, (2) Logitech to create Web site content and other services most relevant or customized to you, (3) for you to be alerted about product and Web site upgrades and updates, special offers, promotions, newsletters, latest product announcements, upcoming events, programs and other new services from Logitech; and (4) to invite you to participate in product and service surveys or programs. Logitech uses this information to communicate with you either via the Internet, e-mail, mail or telephone only after you give your express permission for such communication. (The only exception to this Statement are “service e-mails” that may notify you about system downtimes, product problems or recalls, password reminder e-mails, etc.)

We also use anonymous and aggregated data to create statistics and reports for various business purposes. We may aggregate anonymous data and share the anonymous data with our co-marketing partners in order to offer all our customers potentially desirable products and services as well as to improve our content and services.

We occasionally hire other companies to provide limited services on our behalf, such as handling the processing and delivery of mailings, providing customer support, processing transactions or performing statistical analysis of our services. We will only provide those companies the personal information (such as e-mail address) that they need to deliver the service. Our service providers are required to maintain the confidentiality of your information and are prohibited from using that information for any other purpose.

From time to time we supplement the information we collect from the site with information from offline or third party sources. We use this information to enhance or overlay the “profile” of customers and business contact information. This supplementary data is therefore tied to corporate contact information and in some cases personally identifiable information. We also may internally compare lists collected from our other sites or within our family of companies to remove duplicate entries.

E-Mail Messaging Logitech will periodically send our registered users e-mail messages about our products and services. When sending you e-mail, we may use an image called a single pixel GIF that allows us to format messages tailored to your computer’s capabilities. We also use this technology to determine, in the aggregate, how many people open our e-mails. When you initiate a response by clicking on a link within an e-mail, you are redirected onto the Internet. We then record your individual response to help us deliver information that is more relevant to your interests.

Disclosure of Information Logitech keeps your personally identifiable information confidential. We do not disclose it to third parties or others that do not have a need to know such information except under certain circumstances. Set forth below are additional circumstances where Logitech may share your personal information:

Certain of our employees, independent contractors and service providers may have access to your personally identifiable information necessary for the sole purpose of helping us run our business. These employees and contractors have confidentiality and security obligations. Our affiliates, subsidiaries and third party service providers as we deem appropriate.

We may disclose your personally identifiable information to another business entity should we plan to merge with or be acquired by that business entity; or to any organization involved in a merger, transfer, or sale of our assets or business.

Before we disclose your personally identifiable data for other reasons, we will first obtain your consent, for example via e-mail, click-through, an online opportunity to opt-out, or otherwise.

If you post any information in public areas of our Web site, such as chat rooms and message boards, it will be available to the public and we may reuse and republish such information at our discretion and in accordance with our Terms of Use.

To protect and defend the rights or property of Logitech, including its Web sites.

We may also share your personally identifiable information to respond to law enforcement requests, court orders or other legal processes or if we believe that such disclosure is necessary to investigate, prevent or respond to illegal activities, fraud, physical threats to you or others, national security threats or as otherwise required by any applicable law or regulation.

In the event that we disclose your personally identifiable information as set out above, we will require third party organizations that have access to your personally identifiable information to protect and maintain your personally identifiable information in compliance with the terms and conditions of this Statement.

Prohibited Disclosures Except as set forth above, Logitech will not disclose your personally identifiable information to any third party, including advertisers, without your explicit consent. In addition, Logitech will not share, trade, rent, or otherwise disclose your personal information, Logitech’s e-mail list or address list to third parties for their promotional purposes.

CONTROL & REVIEW OF YOUR PERSONAL INFORMATION

When you register, Logitech offers choices for the collection, use and sharing of personal information. In addition, you may also stop the delivery of future communications including newsletters, special offers and updates from Logitech by unsubscribing at any time. For instance, each email you receive contains instructions explaining how to stop receiving such e-mails. You may also contact us using any of the vehicles listed below to opt-out.

Phone: +1 510-795-8500 Email: privacy@logitech.com Postal Mail: Logitech Privacy Officer, 6505 Kaiser Drive, Fremont, CA 94555 USA

Web site: http://www.logitech.com/subscribe

If your personal information changes (such as zip/postal code, phone, or e-mail or postal address), or if you no longer desire our products or services, we provide a way for you to change or delete/deactivate it. This can be done by visiting the subscription management page on our Web site or by e-mailing us at privacy@logitech.com. Logitech will respond to your request to review the information we have on file for you within 30 days from receiving such request.

We provide you the opportunity to “opt-out” of having your personally identifiable information used for certain purposes, when we ask for this information. For example, if you purchase a product and/or service but do not wish to receive any additional marketing material from us, you can indicate your preference on our order form.

SAFE HARBOR

Personal information collected on this site may be stored and processed in the United States or any other country in which Logitech or its affiliates, subsidiaries or agents maintain facilities. By using this site, you consent to any such transfer of information outside of your country. Logitech complies with the EU Safe Harbor framework as set forth by the Department of Commerce regarding the collection, use, and retention of data from the European Union. For more information about Safe Harbor, visit the U.S. Department of Commerce’s Safe Harbor Web site regarding the collection, use, and retention of data from the European Union.

PROTECTION OF INFORMATION

Logitech is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. For example, we store personal information you provide on computer systems with limited access. These systems are located in controlled facilities. When we transmit highly confidential information (such as a credit card number) over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

Logitech, Inc. is a licensee of the TRUSTe Privacy Program. TRUSTe is an independent, non-profit organization whose mission is to enable individuals and organizations to establish trusting relationships based on respect for personal identity and information by promoting the use of fair information practices. This Statement covers the site www.logitech.com. Because we want to demonstrate our commitment to our users´ privacy, we have agreed to disclose our privacy practices and have them reviewed for compliance by TRUSTe.

If you have questions or complaints regarding this Statement, you should first contact us at privacy@logitech.com with any questions or concerns. All customer complaints will be formally reviewed by Logitech. If you do not receive acknowledgement of your inquiry or your inquiry has not been satisfactorily addressed, you should then contact TRUSTe at http://www.truste.org/consumers/watchdog_complaint.php in the United States. TRUSTe will serve as a liaison with Logitech to resolve your concerns. Please understand, however, that the TRUSTe program covers only information that is collected through this Web site (www.logitech.com) and does not cover information that may be collected through software downloaded from the site.

CHANGES TO THIS STATEMENT

Logitech will occasionally update this Statement. When Logitech posts changes to this Statement, you will see the word 'updated' next to the Statement link on the front page of www.logitech.com. If there are material changes to this Statement or in how Logitech will use your personal information, Logitech will prominently post such changes prior to implementing the change. In any case we will not make any changes that are less protective of your personal information collected in the past without your consent.

Logitech encourages you to periodically review this Statement to be informed of how Logitech is protecting your information.

Thank you for your interest in Logitech and our products. Logitech Privacy Officer privacy@logitech.com Logitech Inc. 6505 Kaiser Drive Fremont, California 94555 USA

Revised September 9, 2008

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LOGITECH SOFTWARE LICENSE AND USER AGREEMENT

This EULA will only be relevant if you choose to install Logitech® Vid™ HD.

Welcome to Logitech Vid HD.

In this Logitech Software License and User Agreement (“User Agreement”), we call our video calling service “Logitech Vid HD.”

To use Logitech Vid HD you must accept the terms of this User Agreement; install certain software on your computer; connect your webcam; and register as a user of Logitech Vid HD.

Minors can only use Logitech Vid HD by having their parents or legal guardians sign up to use Logitech Vid HD and enter into this User Agreement. Logitech may require that the registrant provide sufficient information to indicate that the registrant is an adult.

By checking the box “I agree to the license terms and conditions” and clicking the “next” button, 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, 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 Logitech Vid HD and any related software. Please read them carefully. The term “User” in this User Agreement refers to any person or entity that uses Logitech Vid HD.

1. ACCOUNT INFORMATION

1.1 Registration. You agree to provide Logitech with ongoing, accurate, complete, and updated registration information.

1.2 User Account. When you register online to use Logitech Vid HD, you will create a user account (“User Account”) using your e-mail address. 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.

1.3 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. At no time should you respond to an online request for a password, except when prompted by the Logitech client software or for special Logitech promotional programs. Logitech employees will never ask for your password online.

1.4 Logitech IDs and Pictures. Upon your registration as a User of Logitech Vid HD, you must choose one or more Logitech IDs to identify yourself to other Users and Logitech staff. You may also associate a picture with your User Account. You may not select or use an ID of another person (unless it is also your name), or use a name or picture which violates any third party’s trademark, copyright, or other proprietary right, which is or may be illegal, which may cause confusion, or which Logitech deems in its sole discretion to be vulgar or otherwise offensive. Logitech reserves the right to delete any vulgar or otherwise offensive Logitech ID or picture, or to require deletion thereof.

1.5 Former Users. Users whose accounts have been terminated by Logitech may not access Logitech Vid HD in any manner or for any reason without the express written permission of Logitech. Active Users may not knowingly allow former Users who have been terminated to use the active Users’ accounts.

2. SOFTWARE LICENSE AND CHARGES FOR USE OF THE LOGITECH Vid HD

2.1 Software Covered by this User Agreement. This User Agreement covers the Logitech software that you are downloading to your computer to enable you to use Logitech Vid HD and any other accompanying software (individually and collectively, the “Software”).

2.2 License. Subject to the terms and conditions of this User Agreement, Logitech grants you a nonexclusive license to install the Software on your computer, and to use the Logitech Vid HD Software for the purpose of engaging in video-calling sessions implemented through Logitech Vid HD operated by Logitech. In the event that you are using the Software with a Logitech webcam, subject to the terms and conditions of this User Agreement, Logitech grants you a nonexclusive license to use any of the Software with the Logitech product you have purchased.

2.3 Software 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 device 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 User Agreement.

2.4 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.

2.5 Charges. Users of Logitech Vid HD are charged for services in accordance with the service plan level to which they subscribe.

3. USER PRIVACY

It is Logitech’s policy to respect the privacy of its Users. Please refer to Logitech’s Privacy Policy http://www.logitech.com/company/legalprivacy for more information. You agree that Logitech may access and disclose any information about you or your User Account as stated in the Privacy Policy. Logitech may amend its Privacy Policy from time to time and your continued use of Logitech Vid HD constitutes your agreement to the Privacy Policy and any future revisions. However, Logitech will make reasonable efforts to notify you and obtain your consent before implementing revisions that may be materially less restrictive on our use or disclosure of personal information you have provided to us. If you intend to use Logitech Vid HD in the European Union or other regions with laws governing data collection and use that may differ from United States law, please note that the personal information you provide will be transferred to the United States for use by Logitech and its affiliates for any of the purposes described in this Privacy Policy. BY USING LOGITECH Vid HD AND PROVIDING US WITH YOUR PERSONAL INFORMATION, YOU CONSENT TO THE TRANSFER AND USE OF YOUR PERSONAL INFORMATION.

4. RESTRICTION ON MATERIAL TRANSMITTED

The term “Content” includes all communications, text, audio, video, graphics, sounds, and other material. You may not use Logitech Vid HD or Software to transmit any Content which:

• harasses, threatens, embarrasses or causes distress, unwanted attention or discomfort upon any other person;

• includes sexually explicit images or other content which is offensive or harmful to minors;

• includes any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful material, including but not limited to material based on a person’s race, national origin, ethnicity, religion, gender, sexual orientation, disablement or other such affiliation;

• utilizes a false name or identity or a name or identity that you are not entitled or authorized to use;

• contains any unsolicited advertising, promotional materials, or other forms of solicitation;

• contains any virus, worm, Trojan horse, time bomb, cancelbot, or other destructive program;

• contravenes any application law or government regulation;

• violates any operating rule, regulation, procedure, policy or guideline of Logitech Vid HD as published from time to time on the Logitech website;

• may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, trade secret, patent, publicity right, or privacy right;

• distributes software or other Content in violation of any license agreement; or

• defaces Logitech Vid HD.

In addition, if Logitech becomes aware that you are using Logitech Vid HD to transmit any other Content which Logitech considers inappropriate, Logitech may notify you to advise that transmission of such Content through the Logitech Vid HD 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 Logitech Vid HD. Such action may be immediate and without notice.

If you witness any transmission of prohibited Content by others, Logitech encourages you to contact Logitech customer service at support@logitech.com.

5. OTHER RESTRICTIONS ON USE

You may not use Logitech Vid HD to:

  • (i) Harvest or otherwise collect information about others, including email addresses, without their consent, or
  • (ii) Attempt to gain unauthorized access to the Logitech Vid HD, other User Accounts, computer systems or networks connected to Logitech Vid HD, through password mining or any other means.


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

6. INDEMNIFICATION

You agree to defend, indemnify and hold Logitech, and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post to or transmit through Logitech Vid HD, your use of the Software, your connection to Logitech Vid HD, your violation of the User Agreement or Privacy Policy, or your violation of any right of another person, including any copyright, property or privacy right. 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.

7. DISCLAIMER OF WARRANTY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF LOGITECH Vid HD IS AT YOUR SOLE RISK. LOGITECH Vid HD AND ALL SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LOGITECH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. LOGITECH MAKES NO WARRANTY THAT (1) LOGITECH Vid HD AND THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (2) LOGITECH Vid HD AND THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF LOGITECH Vid HD AND SOFTWARE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH LOGITECH Vid HD WILL MEET YOUR EXPECTATIONS, AND (5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c. THE USE OF LOGITECH Vid HD AND THE 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.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LOGITECH OR THROUGH OR FROM LOGITECH Vid HD OR THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.

e. LOGITECH DOES NOT MONITOR OR EDIT THE CONTENT WHICH YOU RECEIVE FROM OTHERS THROUGH LOGITECH Vid HD, 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 LOGITECH Vid HD.

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 (INCLUDING THE SOFTWARE AND LOGITECH Vid HD), EVEN IF LOGITECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LOGITECH’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF LOGITECH Vid HD AND ALL SOFTWARE DISTRIBUTED BY LOGITECH SHALL BE THE REPLACEMENT OF ANY SOFTWARE DEVELOPED BY OR FOR LOGITECH WHICH IS FOUND TO BE DEFECTIVE, USING MEDIA CHOSEN BY LOGITECH. LOGITECH SHALL HAVE NO MONETARY LIABILITY FOR ANY REASON IN CONNECTION WITH YOUR USE OF LOGITECH Vid HD AND THE SOFTWARE. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 8, THE TERMS LOGITECH INCLUDES LOGITECH’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.

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. PROPRIETARY RIGHTS TO CONTENT

You acknowledge that: (a) the Logitech Vid HD 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 Logitech Vid HD 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 Logitech Vid HD, including code and software, without express prior written consent.

10. TERMINATION

This User Agreement is effective until terminated. Either you or Logitech may terminate your User Account and this User Agreement at any time with or without cause. Your only remedy with respect to any dissatisfaction with (i) Logitech Vid HD and/or the Software, (ii) any User Agreement term, (iii) any policy or practice of Logitech in operating the Logitech Vid HD, or (iv) Content transmitted through the Logitech Vid HD, is to terminate your User Account. Upon any violation of any of the provisions of this User Agreement, rights to use the Software and Logitech Vid HD shall automatically terminate and you must destroy 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 2.4, 6, 7, 8 and 11 will survive any termination of this User Agreement.

11. GENERAL PROVISIONS

This User 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 User Agreement, or portion thereof, to be unenforceable, that provision of the User Agreement shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this User Agreement shall continue in full force and effect. This Agreement and the Privacy Policy constitute the entire agreement between the parties with respect to the use of Logitech Vid HD and the Software and supersede all prior or contemporaneous understandings, communications or agreements, written or oral, regarding such subject matter. You shall not export the Software in violation of any export control or other applicable law. Logitech may, in its sole discretion, modify portions of this User 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 Logitech Vid HD and the Software following notice of such modifications shall be deemed to be your acceptance of any such modifications to the User Agreement. If you do not agree to any such modifications, you must immediately stop using Logitech Vid HD and 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.

http://www.logitech.com/vid_eula

Last Modified: January 30, 2009

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LOGITECH Vid™ HD PRIVACY POLICY

This privacy policy statement will only be relevant if you choose to install Logitech Vid™ HD.

Welcome to Logitech Vid HD. In this Logitech Vid HD Privacy Policy (“Privacy Policy”), we call our video calling service “Logitech Vid HD.” “You” or “Users” refers to you and anyone else who uses Logitech Vid HD through your account.

Your Privacy

At Logitech, we recognize that when you choose to provide us with information about yourself, you trust us to act in a responsible manner. That is why we have put a policy in place to disclose how your personal information will be collected, used and protected. This Privacy Policy applies to Logitech Vid HD only.

A Note to Children and Parents

Logitech Vid HD is intended for use by adults. Children are not eligible to use our services and we ask that minors (under the age of 13) do not submit any personal information to us. If you are a minor, you can use Logitech Vid HD only under the supervision of your parents or guardians.

Your Consent

By using Logitech Vid HD, you expressly consent to the information handling practices described in this Privacy Policy. This Privacy Policy is incorporated into and is subject to the Logitech Vid HD Software License and User Agreement (“SUA”) http://www.logitech.com/company/legalprivacy. Your use of Logitech Vid HD and any personal information you provide through Logitech Vid HD are subject at all times to this Privacy Policy and the SUA, which can be found at http://www.logitech.com/company/legalprivacy.

A Note to International Users

Certain Logitech Vid HD servers are located in the United States. For those using the Logitech Vid HD in the European Union or other regions with laws governing data collection and use that may differ from United States law, please note that the personal information you provide will be transferred to the United States for use by Logitech and its affiliates for any of the purposes described in this Privacy Policy. By using the Logitech Vid HD and providing us with your personal information, you consent to the transfer and use of your personal information.

Information Logitech Collects

• Information you provide: You may provide to Logitech what is generally called “personally identifiable” information (such as your name, email address, credit card number, postal mailing address, and telephone numbers) if you use Logitech Vid HD, or if you order premium services from Logitech.

• “Automatically collected” information: When you use Logitech Vid HD we automatically record certain information from your system by using different types of tracking technology. This “automatically collected” information may include an Internet Protocol address (“IP Address”), a unique user ID, the version of software installed, system type and capabilities, and call log information, such as who you called, the duration of the call and any video mail messages.

How Logitech Uses Information

Logitech may use the information that you provide or that we automatically collect to:

• operate, maintain, enhance, and provide the various features of the Logitech Vid HD;

• provide technical support;

• perform credit fraud screening services for transactions between you and us and/or others; and

• send administrative communications to notify you of major Logitech Vid HD updates, for customer service purposes, and to send privacy or security related notices.

How Logitech Shares Information

• With our service providers, vendors and affiliated companies: Logitech may provide personally identifiable and non-personally-identifiable information to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing such information on our behalf. We require that these parties agree to process such information in compliance with our Privacy Policy, and we use commercially reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures.

• With law enforcement: Logitech may disclose personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state, federal or foreign laws or to respond to a court order, subpoena, or search warrant.

• To protect ourselves and others: Logitech reserves the right to disclose personally identifiable information and/or non-personally-identifiable information that Logitech believes, in good faith, is appropriate or necessary to enforce our SUA; to protect Logitech from fraudulent, abusive, or unlawful uses; to initiate, render, bill and collect for amounts owed to Logitech; to investigate and defend itself against any third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of our web site; and to protect the rights, property, or personal safety of Logitech, our users or others.

• With advertisers: Logitech does not share your personally identifiable information with other organizations for their promotional or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.

Your Access to Your Information

You may access, edit or update your personal information at any time by logging into your account and clicking on My Account.

Security

We take commercially reasonable steps to protect personally identifiable information and information we collect from unauthorized access, disclosure, alteration, or destruction. Due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your information that they collect from our site. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications will always remain private.

If Logitech learns of a breach of its security systems we may attempt to notify you electronically so that you can take appropriate protective steps. Logitech may post a notice on our website if a security breach occurs. If this happens, you will need a web browser enabling you to view the website. Logitech may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us at privacy@logitech.com.

In the event of certain business transfers

Information about our users, including personally identifiable information, may be disclosed in the event of an insolvency, bankruptcy, or receivership, or as part of any merger, acquisition, debt financing, sale of company assets, or other business transaction in which personally identifiable information could be transferred to a third party as one of the business assets of Logitech.

Changes and Updates to this Policy

This Privacy Policy may be revised periodically. Your continued use of Logitech Vid HD constitutes your agreement to this Privacy Policy and any future revisions. The most recent version of this Privacy Policy will always be available at http://www.logitech.com/company/legalprivacy. For revisions to this Privacy Policy that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will make reasonable efforts to notify you and obtain your consent before implementing revisions with respect to such information.

http://www.logitech.com/vid_privacy

Contact

If you have any questions or comments about this Privacy Policy, please contact us at

Logitech Inc. 6505 Kaiser Dr. Fremont, CA 94555 USA

(c) 2011 Logitech. All rights reserved.
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