 |
|
 |
LogNet, Inc. Y2K
Warranty
LogNet provides
Host to LAN connectivity solutions to large and medium size organizations.
LogNet's printing emulation solutions, OnePrint Client and Server Express,
enable organizations to maximize network resources while taking the complexity
out of print integration. LogNet's connectivity, terminal emulation products
3270, 5250, and VT420 - provide cost effective solution for bringing IBM
midrange and mainframe applications and data to PC desktops. By providing
users direct access to host systems, LogNet's connectivity solutions increase
worker productivity and reduce the cost of information access.
Y2K "compliant" means that neither performance nor functionality is materially
affected by dates before, during and after the year 2000 when used with
accurate date data in accordance with applicable software documentation
and the applicable LogNet product. In particular, no value for a current
date will cause any material interruption in operation, data based functionality
must behave consistently for dates before, during, and after the year 2000.
LogNet represents and warrants to its Eligible Customers that the following
products ("Covered Products") are Y2K compliant:
- OnePrint Server Express - version 2.3 and higher
- OnePrint ServerExpress - version 1.00.00.15 for NT
- OnePrint Client Express - version 4.0 and higher
- Connectivity Suite 16 bits - version 3.2 and higher
- Connectivity Suite 32 bits - version 3.2 and higher
- Hardware product family - CP100+,
CP101+, CP150+, Easy Print +C
"Eligible Customer" means the purchaser of multi licenses for the Covered
Product in question with valid LogNet product identification numbers and
a valid warranty on that Covered Product through March 15, 2000 (the "Warranty
Period"). You must also designate a Y2K Contact Person from your organization
for future LogNet communication. Eligible Customers who experience product
errors should contact LogNet Technical Support. In North American call 1-888-8LogNet.
Customers outside North American should contact call 972-4-959-1122.
Exceptions
This Warranty does not apply if the LogNet product fails to correctly process
date related data due to the inability of any software, hardware, or systems
of yours or any third party (including any underlying database engines,
operating systems, and related drivers) either to correctly create or process
date-related data or to create or process such date related data in a manner
consistent with the method in which the Covered Product creates or processes
date related data. This Warranty refers only to the Covered Product as delivered
by LogNet and does not apply to user customizable features, or third party
products, add on features accompanying or integrated with the Covered Product.
Y2K
Product Upgrade Process
If you are an Eligible Customer, you can upgrade Covered Products to Y2K
compliant versions at no cost; provided that you report the problem with
one or more Covered Products before December 31, 1999 and you have a warranty
contract for the affected Covered Product(s) at the time you report a
Y2K problem.
Y2K
Remedy
If a problem develops during the Warranty Period for a Covered Product
for which you have purchased a current warranty, LogNet and you will follow
the below step by step process for any error that materially impacts the
functionality of the Covered Product (an "Error"):
Upon discovering an Error, you must promptly notify LogNet of the Error
by calling LogNet. You must give LogNet's Technical Support Specialist
your product identification number.
You must notify LogNet of any Error on or before March 15, 2000.
After LogNet receives notice from you or your local support provider of
an Error, LogNet will work with you or your local support provider to
determine the nature of the Error using LogNet's standard technical support
procedures. You agree to provide LogNet or your local support provider
with reasonable assistance to investigate the nature of the Error. If,
in its sole discretion, LogNet is able to verify that the Error is caused
by non Y2K compliant Covered Product, LogNet will accept the Error and
log it for correction ("Acceptance").
After Acceptance of the Error, LogNet will make reasonable efforts to
provide an electronically downloadable correction work around for the
Error within (i) three full US LogNet business days (Pacific Standard
Time) if you are located in either the United States or Canada; or (ii)
four US LogNet business days (Pacific Standard Time) if you are located
outside the United States or Canada. If LogNet is unable to do so, LogNet
will, at its discretion, either: (i) at LogNet's expense, send a LogNet
technician to one site of your choice to work on correcting or providing
work around for the Error, or (ii) accept your return of the Covered Product
and refund you the fees you paid for the Covered Product.
If LogNet is unable to correct or provide work around for the Error within
ten (10) days from LogNet's acceptance of the Error, LogNet will accept
your return of the Covered Product and refund the fees you paid for it.
LOGNET'S SOLE LIABILITY UNDER THIS WARRANTY, IN CONTRACT, TORT OR OTHERWISE,
IS, AT LOGNET'S OPTION, TO CORRECT ERRORS OR ACCEPT A RETURN OF THE COVERED
PRODUCT AND REFUND THE FEES PAID, AND YOU SHALL HAVE NO ADDITIONAL REMEDIES
EVEN IF THE FOREGOING REMEDY FAILS AT ITS INTENDED PURPOSE. THE FOREGOING
WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATING
TO THE SUBJECT MATTER, EXCEPT THOSE EXPRESSLY SET FORTH IN THE LOGNET
END USER LICENSE AGREEMENT UNDER WHICH YOU MAKE USE OF THE PRODUCT AND
EXPRESSLY EXCLUDING ANY AND ALL WARRANTIES OF MERCHANT ABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. LOGNET AND ITS SUPPLIERS SHALL NOT BE LIABLE
FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES
OR A LOSS OF ANTICIPATED BENEFITS OR PROFITS RESULTING FROM THE PURCHASE
OR USE OF THE SAID PRODUCT OR ARISING FROM THE BREACH OF THE WARRANTY,
INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOSS OF BUSINESS, EVEN IF
LOGNET KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. THE ENTIRE LIABILITY OF
LOGNET UNDER THIS WARRANTY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID
BY YOU FOR THE NON Y2K COMPLIANT COVERED PRODUCT, REGARDLESS OF THE FORUM
AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT
OR OTHERWISE. YOU ACKNOWLEDGE AND AGREE THAT EACH AND EVERY PROVISION
HEREOF WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES
OR EXCLUSION OF DAMAGES IS INTENDED BY YOU AND LOGNET TO BE SEVERABLE
AND INDEPENDENT OF ANY OTHER PROVISION AND TO BE ENFORCED AS SUCH.
Some jurisdictions do not allow limitations on duration of an implied
guarantee or on consequential damages, so the above limitations may not
apply to you. This Warranty gives you specific legal rights. You may have
others, which vary from jurisdiction to jurisdiction.
The terms and provisions of this Warranty and any dispute arising hereunder
shall be governed by the laws of the State of New York. Any legal action
of whatever nature arising out of or related to this Warranty shall be
brought in the appropriate Federal or state court in the State of New
York.
|