Bold360 SDK Terms and Conditions
Thank you for using the Bold360 SDK. By using the Bold360 SDK you hereby agree to be bound by the following terms and conditions (the "Terms"):
I. License and Intellectual Property Rights.
The Bold360 SDK is proprietary to LogMeIn and may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Therefore, You are only permitted to use the Software as expressly authorized by LogMeIn and these Terms. You may not remove, obscure, or alter any copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Bold360 SDK. You may not redistribute, sell, auction, decompile, reverse engineer, disassemble or otherwise reduce the Bold360 SDK to a human-readable form. You may not, reproduce (except for archival purposes), distribute or create derivative works based on the Bold360 SDK without expressly being authorized to do so by LogMeIn. Further, You may not alter, modify, or otherwise attempt to derive source code from the Bold360 SDK or rent, lease, or grant a security interest in, or otherwise transfer rights to, the Bold360 SDK. You also acknowledge that LogMeIn owns all right, title and interest in and to the Bold360 SDK, including, without limitation, all intellectual property rights (the "LogMeIn Rights"). For the avoidance of doubt, the LogMeIn Rights include rights to the following: (1) the SDK developed and provided by LogMeIn, and (2) all software associated with the Bold360 SDK server. The LogMeIn Rights do not include the following: (1) third-party components used as part of the Bold360 SDK; or (2) software developed by you in conjunction with using the Bold360 SDK. Any and all rights not expressly granted in these Terms are reserved to LogMeIn.
II. Legitimate Use of SDK.
You may not use the Bold360 SDK in any manner that directly or indirectly violates any applicable laws or proprietary rights. This includes laws and proprietary rights in the United States as well as in other countries. The Bold360 SDK is designed to be used in conjunction with LogMeIn's Bold360 live-chat services only. Accordingly, your use of the Bold360 SDK in connection with the Bold360 service is governed by the LogMeIn Terms and Conditions of Use, which can be found here.
III. Disclaimer of warranties.
LogMeIn disclaims any responsibility for any harm resulting from your use of the Bold360 SDK. The Bold360 SDK is provided "as is," with no warranties whatsoever. LogMeIn expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. LogMeIn disclaims any warranties regarding the security, reliability, timeliness, availability, and performance of the Bold360 SDK. You understand and agree that you use the Bold360 SDK at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download or use of the Bold360 SDK. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
IV. Limitation of liability.
You agree that LogMeIn shall have no liability arising from or based on your use of the Bold360 SDK. Under no circumstances shall LogMeIn be liable to any user on account of that user's use or misuse of the Bold360 SDK. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, even if LogMeIn has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Bold360 SDK, from inability to use the Bold360 SDK, or from the interruption, suspension, or termination of the Bold360 SDK (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law. In the event that applicable law limits the exclusion of implied warranties or the above limitations of liability, the maximum amount of exclusions allowed under applicable law shall be applied.
You hereby agree to indemnify, defend and hold LogMeIn, and its officers, directors, agents, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of the Bold360 SDK, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. LogMeIn reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
VI. Term and termination.
You may simply cease using the Bold360 SDK at any time. Additionally, LogMeIn may terminate these Terms and the availability of the Bold360 SDK at any time, with or without cause.
VII. General provisions.
These Terms are governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to the conflict of laws or provisions of Massachusetts or your actual state or country of residence. Any dispute arising from these Terms and Conditions shall be adjudicated in the federal or state courts located in the city of Boston, Massachusetts. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of these Terms will continue in full force and effect. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms will be effective only if in writing and signed by LogMeIn.
If you have questions on your contemplated use or if you have other comments regarding the Bold360 SDK or ideas on how to improve it, please send an email to firstname.lastname@example.org. Please note that by doing so, you also grant LogMeIn permission to use and incorporate your ideas or comments into the Bold360 SDK without further compensation.