Harmony Remote Control Configuration Process Terms of Use

THIS IS A CONTRACT

BY SELECTING "Yes, I Agree" AND CLICKING ON THE "Next" BUTTON, YOU OR THE ENTITY OR COMPANY THAT YOU REPRESENT ("YOU") ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT ("TERMS OF USE") WITH LOGITECH INC. (OR, IF APPLICABLE BASED ON WHERE YOU LIVE, ONE OF ITS AFFILIATES) ("LOGITECH"). YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE ATTAINED THE AGE OF MAJORITY IN THE PROVINCE, STATE OR COUNTRY IN WHICH YOU RESIDE. YOUR CONTINUED USE OF THE RESOURCES SHALL ALSO CONSTITUTE ASSENT TO THESE TERMS OF USE. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL OF THE TERMS OF USE, SELECT "No, I Do Not Agree" AND CLICK THE "Next" BUTTON AND THE CONFIGURATION PROCESS WILL NOT CONTINUE. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

Description of Logitech Harmony Remote Software

Logitech operates software, currently available at setup.myharmony.com to enable users of Harmony Remote Controls to configure and optimize the usage of their products (the "Logitech Harmony Remote Software"). The Logitech Harmony Remote Software is solely for personal and non-commercial use by Harmony Remote Control end users in accordance with these Terms of Use and is accessible only through a login registration or other access process specified by Logitech.

Description of Resources

Logitech provides You with a set of tools to configure your Harmony Remote ("Configuration Tools"). These Configuration Tools may include, without limitation, Software and binary data. These Configuration Tools provide You with access to a variety of resources, including Harmony Remote product information and an online database of infrared codes and other device characteristics for consumer electronics components, including, without limitation, televisions, VCRs and DVD players ("Device Information") (the Configuration Tools and Device Information are collectively referred to as "Resources"). The Resources, including any updates, enhancements, and new features, are subject to these Terms of Use.

Description of Device Information

The term Device Information includes both information on specific consumer electronics components and their applicable infrared ("IR") languages. The specific information refers to device characteristics including inputs by name, input switching behavior (how to set a particular input); power commands (how to turn a device on and off); all inter-key, input and power or timing delays; and complete IR Languages. The term IR language refers to the set of IR commands that are required to run a particular device type. For example, a VCR IR language would consist of PLAY, PAUSE, STOP, FF, RW, POWER ON, POWER OFF, etc.

Personal and Non-Commercial Use Limitation

The Resources, including the Logitech Harmony Remote Software, and any information obtained from the Resources, including all text, images, binary data, audio and video shown within the Logitech Harmony Remote Software ("Materials") are for Your personal and non-commercial use solely with Logitech Harmony Remote Controls. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell the Materials or any information, software, products or features obtained from the Resources.

No Unlawful or Prohibited Use

As a condition of Your use of the Resources, including the Logitech Harmony Remote Software, you agree not to use the Resources for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Resources in any manner that could damage, disable, overburden, or impair any Logitech server, or the network connected to any Logitech server, or interfere with any other party's use and enjoyment of the Resources. You may not attempt to gain unauthorized access to the Resources, other accounts, computer systems or networks connected to any Logitech server or to any of the Resources, through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Resources. Violations, including intellectual property infringement and security issues, will be investigated by Logitech and prosecuted to the fullest extent of the law, whether civil or criminal. Logitech may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use.

Device Information and other Limitations

The Resources contain manufacturer Device Information listings which enable your Harmony Remote Control to operate consumer electronics devices. While more complex home entertainment systems using multiple devices are becoming popular, normal consumer use of the Harmony Remote Control should not require access by You to more than thirty (30) Device Information listings per year. You are therefore limited to a maximum download of thirty (30) Device Information listings per year. If you attempt to download more than thirty (30) Device Information listings, Logitech reserves the right to suspend or cancel your access to the Resources, including the Logitech Harmony Remote Software. If you are an authorized Harmony dealer or system installer or otherwise have a legitimate reason to download more than thirty (30) Device Information listings, please contact harmonyteam@logitech.com to request our permission.

You further acknowledge that Logitech may establish other limits regarding your access to the Resources including the Logitech Harmony Remote Software, including without limitation the maximum number of Submissions you may make, the maximum disk space that will be allocated on Logitech's servers to your account, the maximum number of times and the maximum duration for which you may access the Resources including the Logitech Harmony Remote Software, and the time period for which Logitech will maintain your Submissions or other account information.

Password and Security

To complete the configuration process, You must provide us with current, complete and accurate information as prompted by the applicable form. You will also choose a password and a user name. You are entirely responsible for maintaining the confidentiality of Your password and account. You are also entirely responsible for any and all activities that occur under Your account. You authorize Logitech to believe that any person using the Site with Your password and user name is You or is authorized to act for You. You agree to notify Logitech immediately of any unauthorized use of Your account or any other breach of security. Logitech is not responsible for any loss that You may incur as a result of someone else using Your password or account, whether with or without your knowledge. You may be held liable for losses incurred by Logitech or another party due to someone else using Your account or password. You may not use anyone else's account at any time without the permission of the account holder.

Software

Your use of any Logitech Harmony Remote Software, including any software used in the configuration process for Your Harmony Remote Control and any updates thereto ("Software"), will be governed by the terms and conditions of the end-user license agreement ("EULA") accompanying such Software. If you receive any Software that is not accompanied by a EULA, then Logitech grants to you a non-exclusive, revocable, personal, non-transferable license to use such Software solely in connection with your Harmony Remote Control and the Logitech Harmony Remote Software and in accordance with these Terms of Use. Logitech reserves all rights to such Software not expressly granted in the EULA or in these Terms of Use. The Software is protected by copyright and other intellectual property rights. Logitech or its licensors own the title, copyright and other intellectual property rights in such Software, and such Software is licensed, not sold. You agree not to reverse engineer, decompile or disassemble such Software, except as may be expressly be permitted by applicable law.

Your Submissions

Any Device Information listings provided by You to Logitech ("Submissions") will be deemed not confidential. You grant Logitech an unrestricted, irrevocable license to (i) display, use, copy, modify, transmit, edit, modify, translate, reformat, perform, reproduce and distribute any Submission you provide Logitech, and (ii) sublicense these rights, for any and all commercial and non-commercial purposes. Logitech will not pay you for your Submissions. Logitech reserves the right to remove your Submissions at any time.

You agree not to upload to the Logitech Harmony Remote Software any information, data, text, software, photographs, images or other content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any third party.

Privacy

The Logitech Harmony Remote Software is subject to Logitech's Privacy Policy located at logitech.com, which is expressly incorporated into these Terms of Use by this reference. If you have not already reviewed Logitech's Privacy Policy you should do so now.

Indemnity

You agree to indemnify and hold Logitech, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your use of the Resources including the Logitech Harmony Remote Software, the violation of these Terms of Use by You, or the infringement by You, or other user of the Site using Your computer or identity, of any intellectual property or other right of any person or entity.

Warranty Disclaimer

Logitech intends for the information and data contained in the Resources including the Logitech Harmony Remote Software, to be accurate and reliable, however, since this information and data have been compiled by Logitech from a variety of sources, Logitech does not warrant or guarantee the truthfulness, accuracy, reliability or completeness of the contents of the Resources.

THE RESOURCES INCLUDING THE LOGITECH HARMONY REMOTE SOFTWARE ARE PROVIDED BY LOGITECH ON AN "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS. LOGITECH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE LOGITECH HARMONY REMOTE SOFTWARE OR THE RESOURCES, INCLUDING WITHOUT LIMITATION THEIR ACCURACY, COMPLETENESS OR RELIABILITY. FURTHER, LOGITECH DOES NOT WARRANT THAT THE RESOURCES INCLUDING THE LOGITECH HARMONY REMOTE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED.

Logitech expressly disclaims all other warranties OR CONDITIONS, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, noninfringement of third-party rights, 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.

LOGITECH DOES NOT REPRESENT OR GUARANTEE THAT THE LOGITECH HARMONY REMOTE SOFTWARE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND LOGITECH DISCLAIMS ANY LIABILITY RELATING THERETO.

LOGITECH SHALL USE REASONABLE EFFORTS TO PROTECT SUBMISSIONS OR OTHER UPLOADS OF CONTENT TO THE LOGITECH HARMONY REMOTE SOFTWARE MADE BY YOU, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSIONS OR OTHER UPLOADS ARE AT YOUR SOLE RISK, AND LOGITECH HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO YOUR SUBMISSIONS IN ANY WAY.

Limitation of liability

In no event will Logitech 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 the Logitech Harmony Remote Software, even if Logitech has been advised of the possibility of such damages.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE EXCLUSIONS OR LIMITATIONS WILL NOT APPLY IN CASE OF PERSONAL INJURY SOLELY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.

Termination

Logitech may terminate these Terms of Use, or terminate or suspend your access to the Resources at any time, with or without cause, with or without notice. Without limiting the foregoing, if you violate any of these Terms, we may end Your permission to use the Resources. We may also terminate or suspend your permission to use the Resources if we reasonably believe that you have violated or acted inconsistently with these Terms of Use, or violated our rights or those of another party. Upon such termination or suspension, your right to use the Resources will immediately cease, and any Submissions or other information you have provided to the Logitech Harmony Remote Software may no longer be retrieved. The termination of your permission to use the Resources shall not terminate any provisions which, by their nature, are intended to survive termination, including but not limited to those relating to indemnification, limitation of liability and proprietary rights.

Changes to Terms of Use

Logitech reserves the right, at any time, and from time to time, to update, revise, supplement or otherwise modify these Terms of Use and to impose new or additional rules, policies, terms, or conditions on your use of the Resources. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions ("Additional Terms") will be effective immediately and incorporated into these Terms of Use. Your continued use of the Resources will be deemed to constitute your acceptance and agreement to any and all such Additional Terms and the amendment of these Terms of Use to incorporate such Additional Terms. You are responsible for regularly reviewing the Terms of Use and any Additional Terms posted on the Logitech Harmony Remote Software. Your continued use of the Resources affirms Your agreement to the Terms of Use and any Additional Terms.

Copyright

The information in the Resources and any information obtained from the Resources, including without limitation, the Device Information, is protected by copyright. Except as specifically permitted by these Terms of Use, no portion of the Resources may be distributed or reproduced by any means or in any form, without Logitech's prior written consent.

Governing Law and Jurisdiction

If You enter into these Terms of Use with Logitech, Inc., these Terms of Use shall be governed by the laws of the State of California, without reference to conflict of laws principles, and any disputes arising hereunder shall be resolved through final and binding arbitration conducted under the Consumer Arbitration Rules ("Rules ") of the American Arbitration Association except that any dispute that would otherwise fall under the jurisdiction of a small claims court may, at the option of one of the parties, be brought in a small claims court of competent jurisdiction prior to appointment of the arbitrator. The arbitration shall be conducted by a single arbitrator selected by mutual agreement of the parties or under the selection process set forth in the Rules. The costs of the arbitration shall be apportioned between the parties as set forth in the Rules. The arbitrator's award shall be final and binding on the parties without right of appeal. IN ORDER TO AVOID THE LOSS OF EVIDENCE AND ENSURE PROMPT RESOLUTION OF CLAIMS ARISING UNDER THIS AGREEMENT, A PARTY BRINGING ANY CLAIM UNDER THIS EULA MUST PROVIDE THE OTHER PARTY WRITTEN NOTICE OF THE BASIS FOR ITS CLAIM WITHIN ONE (1) YEAR, OR WITHIN THE MINIMUM TIME REQUIRED BY GOVERNING LAW IF LONGER THAN ONE (1) YEAR, OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS THAT GIVE RISE TO THE CLAIM, OR SUCH PARTY WAIVES THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT OR FACTS.

If You enter into these Terms of Use with a Logitech Affiliate, these Terms of Use shall be governed by the laws of the jurisdiction of incorporation of such Logitech Affiliate, without reference to conflict of laws principles. You consent to the exclusive jurisdiction and venue of the applicable court. Logitech also reserves the right to initiate legal action before any court of competent jurisdiction to protect its intellectual property and other rights under these Terms of Use. You agree that neither the Uniform Computer Information Transaction Act nor the United Nations Convention on Contracts for the International Sale of Goods will apply to these Terms of Use or your relationship with Logitech.

General Provisions

These Terms of Use constitute the entire agreement between you and Logitech pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. Any modifications of this Agreement must be in writing and signed by both You and Logitech. Logitech may assign these Terms of Use, in whole or in part, at any time with or without notice to You, but You may not assign these Terms of Use or any rights hereunder. Any attempt by You to transfer, assign or delegate these Terms of Use without Logitech's prior written consent shall be null and void. You agree that there shall be no third party beneficiaries to these Terms of Use. If any part of these Terms of Use is legally declared invalid or unenforceable, all other parts of these Terms of Use are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of these Terms of Use. The section headings in these Terms of Use are solely for convenience of reference and have no legal or contractual significance. Logitech's failure to enforce any right or provision in these Terms of Use will not constitute a waiver of such provision, or any other provision of such Terms of Use. Logitech will not be responsible for failures to fulfill any obligations due to causes beyond its control. The provisions of these Terms of Use governing disclaimers of warranties, liability limitation, indemnity obligations, intellectual property rights and governing law and jurisdiction shall survive expiration or termination of these Terms of Use. Any rights not expressly granted herein are reserved.

Last Updated June 26, 2018