Reference Guide
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3.0 Warranty Disclaimer.
Tester understands that the Pre-Release Software is a pre-release version and does not
represent a final product from Logitech. Tester also understand that the Pre-Release
Software may contain, errors, “bugs” and other problems which may result in system
failure or failure in the use of the Pre-Release Software or loss of data. Consequently,
it is provided to Tester "AS IS", and Logitech disclaims any warranty or liability obli-
gations to Tester of any kind. Tester understand and agrees that NEITHER LOG-
ITECH NOR ANY THIRD PARTY LICENSORS OR DISTRIBUTORS
("REPRESENTATIVES") MAKE ANY EXPRESS, IMPLIED, OR STATUTORY
WARRANTY OR CONDITION OF ANY KIND FOR THE SOFTWARE INCLUD-
ING, BUT NOT LIMITED TO, ANY WARRANTY OR CONDITION WITH
REGARD TO PRE-RELEASE PERFORMANCE, MERCHANTABILITY, OR FIT-
NESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL Logitech OR
ANY OF ITS REPRESENTATIVES BE LIABLE FOR (i) PUNITIVE, EXEM-
PLARY OR AGGRAVATED DAMAGES; (ii) ANY DIRECT OR INDIRECT
DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR ANY
OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF LOG-
ITECH OR ANY OF ITS REPRESENTATIVES HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES; OR (iii) FOR ANY CLAIM BY ANY
OTHER PARTY. TESTER ACKNOWLEDGES AND AGREES THAT IT BEARS
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRE-
RELEASE SOFTWARE. Some jurisdictions do not allow the exclusion or limitation
of incidental or consequential damages or the limitations on implied warranties, so
the above limitations and exclusions may not apply to you.
4.0 Term and Termination.
4.1 Term.
Tester obligations with respect to the Confidential Information as set forth above shall
terminate when Tester either (i) receives written notice from Logitech that Tester can
disclose the Confidential Information to someone or the public, or (ii) the Confiden-
tial Information has been disclosed to the public by Logitech or (iii) thirty-six (36)
months following the date of the public release of the Pre-Release Software as a final
product.
4.2 Termination.
•
(a) Tester may terminate the license but not the confidentiality obligations at any
time by notifying Logitech and by either returning to Logitech or destroying the
Pre-Release Software and related information.
•
(b) Logitech may terminate Tester’s license immediately if Tester fails to com-
ply with any term or condition of this Agreement.
•
(c) Logitech further reserves the right to terminate this Agreement on fifteen (15)
days prior notice.
•
(d) Tester agrees that upon any termination, Tester will promptly return or
destroy the Pre-Release Software and related information if requested by Log-
itech and provide Logitech with an officer’s certificate verifying such destruc-
tion. The provisions of Paragraphs 1, 3, 4.1, 5, 6 and 7 shall survive any
termination of this Agreement.
5.0 Proprietary Rights.
All Confidential Information, the Pre-Release Software, and any materials furnished
to Tester by Logitech and any information or materials which are designated in writ-
ing to be the property of Logitech shall remain the sole property of Logitech.
