Streamlabs Library Developer Terms

These terms are incorporated as part of the Streamlabs Terms of Service ("TOS"). The TOS and the Developer Terms, including any terms incorporated by reference into the TOS, comprise the “Developer Terms”. Capitalized terms used but not defined in these terms have the meaning assigned to them in the TOS. In the event of an inconsistency between the Developer Terms and the TOS, the Developer Terms shall control.

1. Additional Definitions.

“App” means the unique software application developed by the Developer for use with Streamlabs Desktop and other products and for release on the Platform.

“App Store” means the Streamlabs marketplace located in the Platform, where the Apps are hosted.

“Developer” means the individual or entity developing an App on the Platform.

“Fee Schedule” means the fee schedule describing fees and payments owed to the Developer.

“You” means the party, other than Streamlabs, entering into the Developer Terms.

“Services” means the Services as defined in other sections of the TOS, and, to the extent you act as a Developer, the following additional services: services that Streamlabs offers you under these terms including but not limited to showcasing, promoting and marketing your App in the Apps Library in Streamlabs Desktop and the Streamlabs website, as well as paying you the agreed fees pursuant to the Fee Schedule available on your developer dashboard.

“Streamlabs Desktop” means the Streamlabs desktop broadcasting application.

“Ultra” means a Streamlabs service, available through a paid subscription, that provides streamers with enhanced and improved resources for Streamlabs Desktop and other Streamlabs products.

"We", "us", “our”, and “Streamlabs” means Logitech Services, S.A.

2. App Store Services

2.1 Generally.

Streamlabs offers you the opportunity to showcase your App in the Streamlabs Apps Library and make it available for install to our Platform users.

2.2 Intellectual Property.

(a) License. You grant Streamlabs (including our third party hosting providers acting on our behalf) a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of (such as those resulting from translations, adaptations or other changes we make so that the App works better with the Services), communicate, publish, publicly display, publicly perform and distribute the App for the limited purposes of market, promote and offer the App for use to our Platform users and App Store visitors.

(b) Representations & Warranties. You represent and warrant that you own all rights to the App or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license the App in the manner required by the Developer Agreement. If we use your App in the ways described in the Developer Agreement, you represent and warrant that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights, trade secrets or any other intellectual property or proprietary rights.

(c) License Restrictions. Except as may be otherwise expressly authorized in the Developer Agreement, we will not, and will not permit any third party to: (i) reverse engineer, disassemble, decompile, or otherwise derive the source code to the App ; (ii) use the App for any purpose other than as specifically authorized herein; (iii) use the App other than in accordance with the Developer Agreement and in compliance with all applicable laws and regulations; (iv) remove, alter or obscure any of Developer’s (or its licensors’) copyright notices, proprietary legends, trademark or service mark attributions, patent markings or other indicia of Developer’s (or its licensors’) ownership or contribution from the App; (v) make the App available to, or use the App for the benefit of, anyone other than as expressly permitted by the Developer Agreement; (vi) assign, transfer, sell, resell, license, sublicense, distribute, rent or lease the App, or include any App in a service bureau or outsourcing offering; (vii) copy the App or any part, feature, function or user interface thereof (except as expressly otherwise permitted under the Developer Agreement; or (viii) access or use the App in order to build a competitive product or service.

(d) Trademark Licenses. Solely during the Term, each party grants to the other a limited, revocable right to publicly display the granting party’s name, trademarks and logos (“Marks”) solely as reasonably required to achieve the purposes of the Developer Agreement. All representations of a party’s Marks shall be exact copies of those used by the granting party in design, color and other details. In addition, each party shall fully comply with all guidelines communicated by the other party concerning the use of the granting party’s Marks. Except as expressly set forth in this Section, nothing in these terms gives either party any right, title or interest in the other party’s Marks.

(e) Intellectual Property Ownership. Except for the limited licenses granted in these terms, the Developer retains all intellectual property rights (including without limitation all patent, trademark, trade secret rights, inventions, copyrights, know-how and trade secrets) in and to the App and Logitech retains all intellectual property rights (including without limitation all patent, trademark, trade secret rights, inventions, copyrights, know-how and trade secrets) in and to the Platform and the App Store.

2.3 Parties Rights & Obligations.

(a) Operational Application. Developer will ensure that all Platform users can access the App’s content and that the App is operational.

(b) Communication. Developer shall make all reasonable efforts to maintain communication with Logitech.

(c) Engineering Assistance. Our engineers will review the App and the App’s code to make sure that it's compatible with the Platform’s specifications. Our engineers might provide feedback in case something needs to be fixed to achieve compatibility with the Platform. Logitech owns and has all right, title, and interest in any feedback provided by our engineers to you. Logitech disclaims all liability with respect to the feedback. Nothing in these terms grants you a right to receive technical support with respect to the App.

(d) Changes to Platform. We reserve the right to change, amend, cancel and terminate the Platform and the App at any time and at our sole discretion.

3. Term & Termination.

3.1 Term.

The Developer Agreement, and the licenses granted hereunder, shall begin on the date of acceptance of the terms of this Schedule and, unless earlier terminated as set forth below in Section 3.2, will continue for an indefinite period of time (“Term”).

3.2 Termination.

The Developer Agreement (and all licenses hereunder) may be terminated immediately by either party if the other party commits any material breach of any term of the Developer Agreement and which (in the case of a breach capable of being remedied) shall not have been remedied within fifteen (15) days of a written request to remedy the same. Developer may terminate this Agreement at any time by providing Logitech at least ninety (90) days prior written notice. Streamlabs may terminate this Agreement and remove the App from the App Store at any time by providing the Developer at least ninety (90) days prior written notice.

3.3 Effects of Termination.

Upon termination of this Agreement, Streamlabs shall promptly cease allowing new users to add the App to their library on the Platform. Users who had previously accessed the App shall continue to have access to it. Otherwise, all licenses granted hereunder shall terminate, each party shall immediately stop the use and/or distribution of the other party’s intellectual property (including without limitation the App and all Marks), and each party shall return or destroy all Confidential Information of the other party. For the avoidance of doubt, Developer shall only be entitled to any owed undisputed fees for the period prior to the effective date of termination. No fees shall be owed or paid to Developer after the effective date of termination or expiration of this Agreement.

4. Indemnity.

You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party not affiliated with us to the extent that such Action is based upon or arises out of (a) your noncompliance with or breach of the Developer Terms; (b) the App’s infringement of any third party intellectual property rights; or (c) the App’s breach of any applicable laws. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.

5. Disclaimers; Limitation Of Liability; Limitation Of Actions

Disclaimer of Warranties. WE AND OUR AFFILIATED COMPANIES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE STREAMLABS PRODUCTS, PLATFORM AND App STORE FOR ANY PURPOSE. THE PLATFORM AND App STORE MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE STREAMLABS PRODUCTS, PLATFORM AND App STORE ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE STREAMLABS PRODUCTS, PLATFORM AND App STORE INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Platform and App Store Disclaimer. WE DISCLAIM ALL LIABILITY WITH RESPECT TO THE PLATFORM AND App STORE THAT YOU USE. WE DO NOT PROMISE TO MAKE THE PLATFORM AND App STORE AVAILABLE TO YOU, AND WE MAY CHOOSE TO DO SO, OR NOT TO DO SO, IN OUR DISCRETION.

Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL STREAMLABS OR ITS PARENTS, AFFILIATES, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, EMPLOYEES, AND INTERNS BE LIABLE FOR ANY CLAIM, INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF STREAMLABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL STREAMLABS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00).
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

6. Miscellaneous

6.1 Non-Exclusivity. These Developer Terms do not create an exclusive agreement between you and us. Both you and we will have the right to recommend similar products and services of third parties and to work with other parties regarding those services.
6.2 Independent Contractors. Both Developer and Streamlabs agree that they are entering into the Developer Terms as independent contractors and the Developer Terms create no partnership, agency franchise, joint venture, sales representative or employment relationship between them. You have no authority to accept or make any representations or offers on the behalf of Streamlabs or its affiliates. You cannot make any statements on your website or otherwise that would contradict anything in this section.
6.3. Compliance. You shall comply, and shall ensure that any third parties performing sales or referral activities on your behalf comply, with all applicable foreign and domestic laws (including without limitation export laws and laws applicable to sending of unsolicited email), governmental regulations, ordinances, and judicial administrative orders. You shall not engage in any deceptive, misleading, illegal or unethical marketing activities, or activities that otherwise may be detrimental to us, our customers, or to the public. Export laws and regulations of the United States and any other relevant local export laws and regulations may apply to the Streamlabs Products. You will comply with the sanctions programs administered by the Office of Foreign Assets Control (OFAC) of the US Department of the Treasury. You will not directly or indirectly export, re-export, or transfer the Streamlabs Products to prohibited countries or individuals or permit use of the Streamlabs Products by prohibited countries or individuals.

7. Fees. Fees shall be paid to Developer in accordance with the fee schedule provided available on your developer dashboard. Streamlabs may at its sole discretion update the fee schedule from time to time, any changes shall be effective only upon 14 days’ written notice to you.