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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 purposes. End User shall take
steps to protect the Proprietary Information no less securely than if it were End User's own intellectual prop-
erty.
5.3
The provisions of this Proprietary Information Section shall survive and continue for five (5) years after the ter-
mination 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 repro-
ducible nonconformities for which Datalogic has been given written notice, Datalogic will use commercially
reasonable efforts to remedy nonconformities verified by Datalogic. End User agrees to supply Datalogic with
all reasonably requested information and assistance necessary to help Datalogic in remedying such noncon-
formities. For all defects reported to Datalogic within the warranty period, Datalogic’s liability is limited to pro-
viding 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 unautho-
rized installation, and shall be void if End User modifies the product, uses the product in any manner other
than as established in the Documentation, or if End User breaches any of the provisions of this Agreement.
6.2
EXCEPT AS PROVIDED IN THIS AGREEMENT, THE DATALOGIC PRODUCT IS PROVIDED “AS IS” AND
DATALOGIC MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL,
WITH RESPECT TO THE PRODUCT, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS 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 1) End User notifies Data-
logic promptly in writing of the claim, 2) Datalogic controls the defense or settlement of the claim, and 3) End
User cooperates fully with Datalogic in such defense or settlement. All notices of a claim should be sent to
Datalogic Scanning, Inc., Legal Department, 111 SW Fifth Ave. Suite 4100, Portland, OR 97204-3644.
7.2
In the defense or settlement of any such claim, Datalogic may, at its option, 1) procure for End User
the right
to continue using the Datalogic Product, 2) modify the Datalogic Product so that it becomes non-infringing,
3) replace the Datalogic Product with an equivalent product not subject to such claim, or 4) provide End User
an opportunity to return the Datalogic Product and receive a refund of the purchase price paid, less a reason-
able allowance for use.
7.3
Datalogic shall have no liability to End User for claims of infringement based upon 1) the use of any Datalogic
Product in combination with any product which Datalogic has not either furnished or authorized for use with
such Datalogic Product 2) the use of any Datalogic Product designed, manufactured, or modified to the spec-
ifications of End User, or 3) End User’s modification of the Datalogic Product without written authorization
from Datalogic.
7.4 THE FOREGOING STATES DATALOGIC’S COMPLETE AND ENTIRE OBLIGATION CONCERNING
CLAIMS OF PATENT, COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT, CANCELS
AND SUPERCEDES ANY PRIOR AGREEMENTS, WHETHER ORAL OR WRITTEN, BETWEEN THE PAR-
TIES CONCERNING SUCH CLAIMS, AND WILL NOT BE MODIFIED OR AMENDED BY ANY PAST, CON-
TEMPORANEOUS, OR FUTURE AGREEMENTS OR DEALINGS BETWEEN THE PARTIES, WHETHER
ORAL OR WRITTEN, EXCEPT AS SET FORTH IN A FUTURE WRITING SIGNED BY BOTH PARTIES.
8. Limitation Of Liability.
EXCEPT AS PROVIDED IN SECTION 7, DATALOGIC SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST END
USER BY ANY OTHER PARTY. IN NO EVENT SHALL DATALOGIC'S LIABILITY FOR DAMAGES, IF ANY,
WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIA-
BILITY, WARRANTY, OR ANY OTHER BASIS, EXCEED THE PRICE OR FEE PAID BY END USER FOR THE DAT-
ALOGIC PRODUCT. UNDER NO CIRCUMSTANCES SHALL DATALOGIC BE LIABLE TO END USER OR ANY
THIRD PARTY FOR LOST PROFITS, LOST DATA, INTERRUPTION OF BUSINESS OR SERVICE, OR FOR ANY
OTHER SPECIAL, CONSEQUENTIAL, CONTINGENT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR
OTHER SIMILAR DAMAGES, EVEN IF DATALOGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAM-
AGES.
9. Government Restricted Rights; International Use.
9.1
Use, duplication, or disclosure of the Software by the U.S. Government is subject to the restrictions for com-
puter software developed at private expense as set forth in the U.S. Federal Acquisition Regulations at FAR
52.227-14(g), or 52.227-19 or in the Rights in Technical Data and Computer Software clause at DFARS
252.227-7013(c)(1)(ii), whichever is applicable.
9.2
If End User is using the Datalogic Product outside of the United States, End User must comply with the appli-
cable local laws of the country in which the Datalogic Product is used, with U.S. export control laws, and with
the English language version of this Agreement. The provisions of the “United Nations Convention on Interna-
tional Sale of Goods” shall not apply to this Agreement.
10. Termination.
10.1 Either party may terminate this Agreement or any license granted under this Agreement at any time upon writ-
ten notice if the other party breaches any provision of this Agreement.
10.2 Upon termination of this Agreement, End User immediately shall cease using any non-embedded software
