Avid Remote Access Terms and Conditions

1. By checking the box indicating acceptance of these terms and conditions and proceeding with this Remote Access session, you agree to grant Avid permission to access to your computer remotely for the purpose of technical support (“Remote Access”). This remote control access is powered by LogMeIn Rescue ®, a service of LogMeIn, Inc. (“LMI”). This will require you to download and install an applet which allows this access. You represent and warrant that you own the computer on which you will install the application, or otherwise have authority to grant Avid permission for Remote Access.

2. You may be asked by to disable firewall and other security hardware and software to enable Avid to control my computer. You understand that it is your responsibility at the end of the Remote Access session to restore these security features to their prior settings.

3. Avid Remote Access can be run in either a "View Only" or "Remote Control" mode which is your choice. In the View Only mode, the Avid support representative will only be able to view your computer screens and will require your assistance to navigate through different computer screens and applications in diagnosing and/or repairing your computer. In the Remote Control mode, the representative will take control of your computer remotely and will be able to access programs and applications without your assistance. In both instances, you should remain on the telephone with the representative while your computer is being accessed and you will be able to see what the representative is doing

4. In order to resolve your technical support issue, Avid may perform whatever functions it reasonably considers necessary or appropriate to accomplish the goals of the Remote Access session. These activities may include, among other things, copying, moving, overwriting and deleting files; running diagnostic and repair programs; rebooting the computer and reestablishing the Remote Access session. Avid may recommend the sending of files from Avid to your computer in order to repair your computer or to assist in diagnosis. You will be notified prior to any such files being sent and have the opportunity to decline those files.

5. Avid does not maintain access to your computer once a Remote Access session has ended. You can initiate a new Remote Access session by contacting Avid as usual.

6. Avid does not collect personal data or information during the remote access of your computer; however, this remote session and system data will be recorded and stored for service purposes and shall be indexed with your customer file. It is recommended that you close all personal files before commencing the Remote Access session. You acknowledge and agree that Avid can record and store this remote assistance session.

7. It is your responsibility to back up any data, software, and other personal files stored on your computer PRIOR to initiating this session. It is recommended you store this information to external media such as a DVD disc or external hard drive. You agree that Avid is not responsible under any circumstances for loss or corruption of your data and/or software. Avid will take reasonable precautions to avoid deletion or damage to the data and software on your computer.

8. You may choose to end the Remote Access session at any time by clicking the "Disconnect" button. Doing so may prevent the Avid technician from completing their work, possibly leaving the Avid software, other programs and the computer itself in an unstable condition.

9. These terms and conditions apply only to this Remote Access Session and do not alter or amend any other contracts you may have with Avid, including your Software License Agreement.

10. While Avid will endeavor to resolve your technical issue, it does not guarantee that it will be able to do so during this Remote Access session. AVID MAKES NO OTHER WARRANTIES WITH RESPECT TO ANY REMOTE ACCESS SESSION OR THE WORK PERFORMED DURING ANY REMOTE ACCESS SESSION. AVID SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT ACTIVITIES DURING THE REMOTE ACCESS SESSION WILL BE SUCCESSFUL, THAT IT WILL CORRECT ANY OR ALL DEFECTS, PROBLEMS OR ISSUES WITH ANY SOFTWARE, HARDWARE OR SYSTEM, OR THAT THE OPERATION OF ANY SOFTWARE, HARDWARE OR SYSTEM WILL AT ANYTIME BE UNINTERRUPTED OR ERROR-FREE.

11. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AVID BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES WHATSOEVER, WITHOUT REGARD TO CAUSE OR THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, DAMAGES INCURRED FOR LOSS OF BUSINESS PROFITS OR REVENUE, LOSS OF PRIVACY, LOSS OF USE OF ANY COMPUTER OR SOFTWARE INCLUDING THE SOFTWARE, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS) ARISING DIRECTLY OR INDIRECTLY OUT OF ANY SESSION OR AVID’S ACTIVITIES DURING THE SESSION, EVEN IF AVID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AVID’S LIABILITY RELATED TO ANY SESSION EXCEED US$100.00. THE FOREGOING LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

12. This Consent is governed by the laws of the Commonwealth of Massachusetts. The exclusive jurisdiction for any dispute will be state or federal courts sitting in the Commonwealth of Massachusetts.