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Gryphon™ I GD44XX
may elect to notify End User that End User is deemed to have ordered and
accepted a license for each breaching use. End User shall pay Datalogic the appli-
cable list price for such licenses as of the date of such breach.
3.2 End User shall not sell, assign, sublicense, distribute, lend, rent, give, or otherwise
transfer the Datalogic Product to any third party unless such third party agrees
with Datalogic in writing to be bound by the terms and conditions of this Agree-
ment. Any such transfer of the Datalogic Product absent such agreement shall be
null and void.
3.3 End User may obtain support for Software from Datalogic at Datalogic's standard
support fees and under Datalogic's standard support terms and conditions in
effect at the time the support is requested.
4. Intellectual Property
End User acknowledges that the Software constitutes valuable trade secrets of Data-
logic or Datalogic's third party licensors and that the Software is protected by intellec-
tual property laws and treaties. The license set forth in this Agreement does not
transfer to End User any ownership of Datalogic's or its third party licensors' copy-
rights, patents, trademarks, service marks, trade secrets, or other intellectual property
rights and End User shall have no right to commence any legal actions to obtain such
rights. End User shall not remove, modify, or take any other action that would obscure
any copyright, trademark, patent marking, or other intellectual property notices con-
tained in or on the Datalogic Product.
5. Proprietary Information
5.1 End User acknowledges that Proprietary Information is the confidential, proprie-
tary, and trade secret property of Datalogic and Datalogic's third party licensors
and End User acquires no right or interest in any Proprietary Information.
5.2 End User shall not disclose, provide, or otherwise make available the Proprietary
Information of Datalogic or its third party licensors to any person other than End
User's authorized employees or agents who are under confidentiality agreement,
and End User shall not use the Proprietary Information other than in conjunction
with use of the Datalogic Product exclusively for End User's internal business pur-
poses. End User shall take steps to protect the Proprietary Information no less
securely than if it were End User's own intellectual property.
5.3 The provisions of this Proprietary Information Section shall survive and continue
for five (5) years after the termination of this Agreement.
6. Limited Warranty
6.1 Datalogic warrants that, under normal use and operation, the Datalogic Product
will conform substantially to the applicable Documentation for the period speci-
fied in the Documentation. During this period, for all reproducible nonconformi-
ties for which Datalogic has been given written notice, Datalogic will use
commercially reasonable efforts to remedy nonconformities verified by Data-
logic. End User agrees to supply Datalogic with all reasonably requested informa-
tion and assistance necessary to help Datalogic in remedying such
nonconformities. For all defects reported to Datalogic within the warranty period,
Datalogic's liability is limited to providing End User with one copy of corrections
or responding to End User's problem reports according to Datalogic's standard
assistance practices. Datalogic does not warrant that the product will meet End
User's requirements or that use of the product will be uninterrupted or error free,
or that Datalogic's remedial efforts will correct any nonconformance. This limited
warranty does not cover any product that have been subjected to damage or
abuse, whether intentionally, accidentally, or by neglect, or to unauthorized
repair or unauthorized installation, and shall be void if End User modifies the
product, uses the product in any manner other than as established in the Docu-
mentation, or if End User breaches any of the provisions of this Agreement.
6.2 EXCEPT AS PROVIDED IN THIS AGREEMENT, THE DATALOGIC PRODUCT IS PRO-
VIDED "AS IS" AND DATALOGIC MAKES NO WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE PRODUCT, AND SPECIFI-
CALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FIT-
NESS FOR A PARTICULAR PURPOSE.
7. Infringement
7.1 Datalogic will defend End User against any claim in a lawsuit that the Datalogic
Product furnished hereunder infringe a United States patent or copyright of a
third party and Datalogic will pay any damages finally awarded against End User
by a court of competent jurisdiction that are attributable to such claim or will pay
End User's part of any settlement that is attributable to such claim, provided, that
Summary of Contents for Gryphon GD4400
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