© 2024 Logitech. All rights reserved.
Software License Agreement
Please read this software license agreement carefully. By clicking on the “Yes” or “I accept” button (or other button or mechanism designed to acknowledge agreement to the terms of this Agreement), or by downloading, accessing or installing the Services, you are consenting to be bound by this Agreement. If you do not agree to all of these terms and conditions, do not use or access the Services in any manner. If you have downloaded the Services, you must stop using the Services and remove any copies in your possession or control (from your device(s)).
1. Definitions
“Beta Feature” is a pre-release version of new functionalities that are made available to User for testing and feedback purposes.
“Services” shall mean the software, including all of its components, documentations, services that may be downloaded, accessed or installed as SmartHabits or any further iteration of the product made available to you with these terms.
“User” refers to the individual or entity that downloads, installs, or utilizes the Services.
2. General
The Services are licensed, not sold, to you by Logitech Europe S.A. and its affiliates (collectively “Logitech”) for use only under the terms and conditions of this agreement (“Terms”). Logitech and its licensors retain ownership of the Services 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 Services, unless such update is accompanied by a separate license in which case the terms of that license will govern.
3. License Grant and Restrictions
Subject to the terms and conditions of this agreement, Logitech grants to you a limited nonexclusive, non-transferable, non-sublicensable, revocable license to use the Services for your own personal use. 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 Services or any part thereof (except as expressly permitted by applicable law). You agree not to, or enable others to, sell, re-distribute, rent, lease or sublicense the Services to third parties. THE SERVICES ARE 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 SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
4. Beta Features
You as a User may be given access to Beta Features for the purpose of testing and providing feedback to Logitech. Beta Features are provided AS IS and may contain errors or inaccuracies that could cause failures, corruption or loss of data, and/or interruptions to you. You agree to promptly report any errors, bugs, or other issues related to the Beta Features. You acknowledge that the use of Beta Features is voluntary and does not create any obligation to release a commercial version of the Beta Features. Logitech reserves the right to modify or discontinue Beta Features at any time without notice or liability.
5. Links to Third-Party Products and Services
In order to provide you comprehensive and useful resources, the Services may rely on or operate with third-party products and services, which are not under the control of Logitech. Logitech is not responsible for the products or services provided by any third party. You understand and agree that the use and availability of the Services may be dependent on the third party product or service and Logitech is not responsible for damages and/or losses caused by the operation or non-operation of these third-party products and/or services.
6. Termination
This agreement is effective until terminated. Either party may terminate these Terms for any reason at any time. Your right to use the Services will automatically terminate without notice from Logitech if you violate these Terms. Upon termination of these Terms, you must stop using the Services and destroy any copies of the Services in your possession or control. The provisions of paragraphs 6, 7, 11, 12 and 13 shall survive expiration or termination of this agreement.
7. 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.
8. 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 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 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.
9. U.S. Government End Users
The Service 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.
10. Export Law Assurances
You agree that you may not export or re-export the Services 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 Services were obtained.
11. Agents and Third Party Purchasers
If you are acquiring the Services 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 Services to these Terms.
12. Controlling Law and Severability
If you are in the U.S.A., these Terms 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 Terms will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms will continue in full force and effect.
13. Complete Agreement; Governing Language
These Terms constitute the entire agreement between the parties with respect to the use of the Services and supersede 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.
14. Open Source Software
Certain portions of the Services are not licensed under the terms of this agreement, but are instead licensed under the terms of applicable open source licenses (“Open Source Components”). The Open Source Components applicable to the Services, and associated applicable licenses, are listed at https://smarthabits.logitech.com/opensource-declaration.txt. 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 Services.
15. Updates
Logitech shall have no obligation to provide updates or support for the Services. In the event that Logitech, in its sole discretion, provides your product with updates and/or upgrades to the Services (“Updates”), you agree that Logitech may, for any reason at any time, terminate any such Updates.
16. Data and Feedback
You agree that Logitech may obtain information and data from you in connection with your registration, installation, and use of the Services including, without limitation, personal information. Logitech may also collect and process technical and performance information about your use of the Services and use this information to support and troubleshoot issues, provide updates, analyze trends and improve Logitech products or services. Logitech respects your desire for privacy and takes care to protect the personal information you provide us. The Privacy Policy made available through the Services explains the way we collect, use, store and process any information provided while you use and access the Services. By using the Services, you confirm you have read and agree to the Privacy Policy, as updated from time to time. Further, you shall provide feedback to Logitech concerning the functionality and performance of the Service from time to time as reasonably requested by Logitech, including, without limitation, identifying potential errors and improvements. You will also be invited to complete surveys regarding the Logitech Services. Feedback provided to Logitech through any of the foregoing methods in connection with the Services may be used by Logitech and its partners to improve or enhance products, services and/or features and, accordingly, Logitech shall have a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such feedback without restriction.
The Services are protected by United States copyright law and international treaty. Unauthorized reproduction or distribution of the Services is subject to civil and criminal penalties.
Last updated on 15 November 2024.
