Owner's Manual

Sutro Owner’s Manual | 17
Unless explicitly promising a "guarantee," Sutro does not guarantee or promise
any specific level of benefits from the use of the Product or Product Software or
any feature of them. Actual benefits vary with factors beyond Sutro’s control or
knowledge. From time to time, Sutro may use the Product Software to provide you
with information and suggestions. You acknowledge that any such information or
suggestions are not a guarantee of future results, and you agree not to seek monetary
or other remedies from Sutro if your actual results or benefits differ. The Product
Software provides you information ("Product Information") regarding the Product and
your pool, hot tub, spa or other amenity. All Product Information is provided "as is" and
"as available". We cannot guarantee that it is correct or up to date.
10. Confidentiality
"Confidential Information" shall mean the Product Software and all other information
disclosed to you that Sutro characterizes as confidential at the time of its disclosure
either in writing or orally, except for information which you prove: (a) was previously
rightfully known to you without restriction on disclosure; (b) is or becomes, from no
act or failure to act on your part, generally known in the relevant industry or public
domain; (c) was disclosed to you by a third party as a matter of right and without
restriction on disclosure; or (d) was independently developed by you without access
to the Confidential Information. You shall use your best efforts to preserve and protect
the confidentiality of the Confidential Information at all times, both during the term
hereof and for as long as the Confidential Information remains confidential, provided,
however, that any source code you receive shall be held in confidence in perpetuity.
You shall not disclose, disseminate or otherwise publish or communicate Confidential
Information to any person, firm, corporation or other third party without the prior
written consent of Sutro.