2
Gryphon™ L GD4300
3. Transfers, Support.
3.1
Any copying, installing, reproduction, remanufacture, reverse engineering,
electronic transfer, or other use of the Software on other than the desig-
nated Datalogic Product will be a material breach of this Agreement. How-
ever, Datalogic may elect not to terminate this Agreement or the granted
licenses, but instead 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 applicable 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 oth-
erwise transfer the Datalogic Product to any third party unless such third
party agrees with Datalogic in writing to be bound by the terms and condi-
tions of this Agreement. 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 intel-
lectual 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 prop-
erty 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 contained in or on the Datalogic Product.
5. Proprietary Information.
5.1
End User acknowledges that Proprietary Information is the confidential,
proprietary, 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 Propri-
etary Information of Datalogic or its third party licensors to any person
other than End User's authorized employees or agents who are under confi-
dentiality agreement, and End User shall not use the Proprietary Informa-
tion other than in conjunction with use of the Datalogic Product exclusively
for End User's internal business purposes. End User shall take steps to pro-
tect 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 con-
tinue 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 specified in the Documentation. During this period, for all reproduc-
ible nonconformities for which Datalogic has been given written notice,
Datalogic will use commercially reasonable efforts to remedy nonconformi-
ties verified by Datalogic. End User agrees to supply Datalogic with all rea-
sonably requested information 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 prod-
uct, 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
