LOGITECH’S PRODUCT EVALUATION TERMS AND CONDITIONS
1. Subject to the terms and conditions herein (the “Agreement”), Logitech Inc., a California corporation with its principal place of business at 7700 Gateway Blvd., Newark, California 94560 (“Logitech”) grants you, identified in the contact form (hereafter, “Borrower”) a non-exclusive, non-transferable, revocable right to examine and use the products contained in the LEX Pack selected in the contact form (collectively, the “LEX Pack”) during the Term (as defined in Section 2 hereunder) for the sole purpose of evaluating, testing and/or validating the LEX Pack.
2. Borrower hereby represents and warrants that:
2. Borrower hereby represents and warrants that:
- Borrower is 18 years old or older;
- Borrower has all requisite rights and authority to agree to the terms of this Agreement, and the performance of its obligations hereunder will not conflict with any of its agreements with or obligations to any third party. In particular, Borrower represents and warrants that it is duly authorized to act on behalf of the educational institution that it represents for the purpose of receiving, examining and using the products contained in the LEX Pack in accordance with the terms contained hereunder.
3. The loan period shall begin on the date from which Borrower receives the LEX Pack (the “Start Date”). Borrower shall return the LEX Pack to be received by Logitech as soon as practicable at the end of the loan period, but no later than ninety (90) days following initial receipt of the LEX Pack (the “Return Date”). The loan period between the Start Date and the Return Date shall be referred to as the “Term”. Logitech will provide a shipping label for the return of the LEX Pack at or around the end of the Term. If Borrower has not received the shipping label by the Return Date or needs to receive a new one, it is Borrower’s responsibility to reach out to Logitech at [email protected] and submit a request for a new shipping label. Borrower understands and agrees that it is Borrower’s responsibility to return the LEX Pack and any failure to return any portion of the LEX Pack by the Return Date shall constitute a breach of the Agreement for which Borrow will be personally liable.
4. Borrower is responsible for ensuring credentials and system information is completely removed before LEX Pack is returned to Logitech.
5. If any component of the LEX Pack received is not in working condition, Borrower must promptly notify Logitech to request a replacement unit and return the defective component.
6. All title, interest, and ownership rights in and to the LEX Pack, including documentation, and any improvements, modifications, and enhancements, if any, provided by Logitech, are and shall remain in Logitech. Except for those rights expressly granted in Section 1, no other rights are granted, either express or implied, to Borrower. The LEX Pack shall remain the property of Logitech unless purchased by Borrower.
7. The LEX Pack returned to Logitech must be in the same working and physical condition as it was at the time of receipt by Borrower, except for normal wear and tear. To avoid the return being rejected, the following criteria must be met:
- Borrower must use the original packaging (both inner and outer packaging.)
- All returns must be complete with all manuals, cables, warranty cards, static bags, etc. originally provided with the LEX Pack. Return shipping information will be provided by Logitech.
8. Borrower agrees to compensate Logitech in full for the value of the LEX Pack (or any component thereof as applicable) if it is lost, stolen, or damaged while under the responsibility of Borrower. Borrower agrees to pay any invoice issued by Logitech for such amount within fifteen (15) days after the date of invoice.
9. THE LEX PACK IS PROVIDED FOR LIMITED TEST AND EVALUATION ONLY. THE LEX PACK IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. LOGITECH SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. LOGITECH DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LEX PACK WILL MEET BORROWER’S REQUIREMENTS. IN NO EVENT WILL LOGITECH HAVE ANY LIABILITY OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH BORROWER’S USE OF THE LEX PACK.
10. This Agreement shall terminate when the LEX Pack is either purchased from Logitech or when the LEX Pack has been received by Logitech in accordance with the terms of this Agreement. Logitech may terminate this Agreement with or without cause upon five (5) days’ notice to Borrower. Upon the effective date of termination, all rights granted to Borrower hereunder shall cease, and Borrower shall promptly return the LEX Pack to Logitech in accordance with instructions provided by Logitech and the requirements of this Agreement.
11. This Agreement will be governed by the laws of California without reference to conflict of laws principles, and Borrower consents to the jurisdiction of the courts of California. This is the entire agreement between the parties relating to its subject matter.
12. For any questions on this, please contact [email protected]. All legal notices in relation to this Agreement must be in writing and delivered to Logitech’s address listed in Section 1 of this Agreement. A copy must also be sent to Logitech’s Legal Department, 7600 Gateway Blvd., Newark CA 94560, Attn: General Counsel, or by email to [email protected].