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.