Product
Evaluation Loan Agreement
This Product Evaluation Loan Agreement (“Agreement”)
is entered into by and between Customer and Lenovo. It shall be effective on the date that
Customer clicks to accept it on the Lenovo website. Lenovo shall mean Lenovo (
1. Loan of Products
Lenovo hereby loans the products requested
under the TryLenovo.com program (“Products”) for a period of thirty (30) days beginning on the date of
Customer’s receipt of the requested Product. Customer shall use
the Product solely for the purpose of evaluation to determine suitability for its
intended use of the Product. Lenovo
grants Customer a temporary license to use the software programs and firmware on
the Product in support of Customer’s use of the Product for such purpose.
2. Shipping and
Service
Lenovo shall bear
all transportation costs for shipping the Product to Customer and its return
from Customer to Lenovo. Customer shall return the Product to Lenovo
using Lenovo’s prepaid shipping label provided with the Product. All such shipping shall be performed by
Lenovo’s designated agent for shipping. During
the loan period, Lenovo
shall, at its expense, provide service and support for the Product as it deems
necessary. Customer shall not obtain
service and support from any third party.
3. Alterations and Attachments
Customer shall not make any physical,
mechanical, electrical or electronic changes to the Product. Customer may attach
peripheral devices to the Product’s peripheral ports.
4. Return of Loaned
Products
Customer shall return the Product to Lenovo
at the end of the loan period or at any time upon Lenovo’s request. Customer shall
return the Product to Lenovo in the same condition as received, less normal
wear and tear and without any alterations or attachments. Prior to the return of the Product to Lenovo,
Customer shall remove any and all data and information from the Product as may
have been stored thereon during the loan period.
5. No Cost
This
is a no cost Agreement. If, however, Customer returns the Product in damaged
condition (other than normal wear and tear); or if Customer fails to return the
Product to Lenovo within fifteen (15) days after the end of the loan period or
upon Lenovo’s request, Customer shall pay Lenovo for the Product. The price shall be Lenovo’s then current list
less depreciation based on generally accepted accounting principles, plus any
applicable taxes. Payment shall be due
upon receipt of Lenovo’s invoice.
The terms of this Agreement shall apply to any such purchase.
6. Purchase
If
Customer desires to purchase the Product, Lenovo shall provide a price quotation for such Product, plus any
applicable taxes. Payment shall be due
upon receipt of Lenovo’s invoice. The
terms of this Agreement shall apply to any such purchase.
7. Risk of Loss
Customer shall be responsible for any loss or
damage to the Product from the time it is received from Lenovo’s shipping agent
until it is received by Lenovo’s shipping agent for return to Lenovo. Customer
shall protect the Product from theft, damage, misuse or loss. Customer shall
operate the Product in an environment consistent with Product user
documentation. In the event Customer does not use Lenovo’s prepaid
shipping label, Customer shall provide proof of delivery to Lenovo or be
responsible for loss of or damage to the Product.
8. No Warranty
THE PRODUCT IS
BEING MADE AVAILABLE TO CUSTOMER ON AN “AS IS” BASIS. LENOVO MAKES NO WARRANTIES OR CONDITIONS
REGARDING THE CONDITION OF THE PRODUCT OR ITS SUITABILITY FOR CUSTOMER’S
INTENDED USE.
9. Limitation of Liability
In any action arising out of or related to
this Agreement or the Product, Lenovo shall not be liable for any of the
following whether informed of their possibility or not and whether arising in
contract, tort, (including negligence) or otherwise: 1) loss of, or damage to,
data; 2) special, incidental, exemplary, punitive, indirect or consequential
damages; or 3) lost profits, business, revenue, goodwill or anticipated
savings.
10. Indemnification
Customer
shall indemnify, defend, and hold harmless Lenovo, its affiliates and their
employees, officers and directors, from and against any and all claims,
demands, suits, obligations, liabilities, damages, losses and judgments, costs
and expenses, which may be asserted against or incurred by Lenovo, and
affiliate of Lenovo, or their employees, officers and directors, arising out of
this Agreement or the Product, including but not limited to: 1) loss or damage
to any Lenovo property, including the product (but excluding normal wear and
tear to the Products); 2) injury or death of any person caused by a customer
modification of the Product; 3) loss of or damage to any Customer or third
party tangible or intangible property, including data; or 4) failure by
Customer to remove any data or information stored on the Product.
11. Termination
This Agreement covers current and future
Products Lenovo provides to Customer for Customer’s evaluation and shall
continue in effect until terminated by either party upon written notice to the
other. Any terms of this Agreement which by their nature extend beyond
the termination of the Agreement shall remain in effect as necessary to fulfill
their purpose.
12. General
This Agreement is the complete agreement
between the parties regarding the subject hereof and replaces any prior oral or
written communications between the parties.
Neither party is responsible for failure to fulfill any obligation under
this Agreement owing to causes beyond its control. In the event that any
provision of this Agreement is held to be invalid or unenforceable, the
remaining provisions of this Agreement shall remain in full force and
effect.
If Lenovo (
If Lenovo (