EULA
VI
POWERSCAN™ PM/PBT9600
termination of the license without notice, immediate injunctive relief
and repossession of all Datalogic Products).
1.6 Without prejudice of the foregoing, End User grants to Datalogic and
its independent accountants or consultants the right to examine End
User's books, records and accounts during End User's normal busi
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ness hours to verify compliance with this Agreement. In the event
such audit discloses non-compliance with this Agreement, Datalogic
shall be entitled to immediately terminate the Agreement, request
End User to promptly pay all (additional) license fees due and any
further damages, if any.
2. License Fee
License fees shall be due by End User to Datalogic according to the terms
provided for in the relevant contract for the purchase of the Datalogic
Product.
3.Termination
Without prejudice to any other rights or remedies Datalogic may have, Dat
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alogic may terminate this Agreement if End User fails to comply with the
terms and conditions of this Agreement. Datalogic may terminate this
Agreement by offering you a superseding Agreement for the Software or
any replacement or modified version of or upgrade to the Software and
conditioning your continued use of the Software or such replacement,
modified or upgraded version on your acceptance of such superseding
Agreement. In addition, either party may terminate this Agreement at any
time. Subject to the foregoing, termination shall be effective upon notice
to the other party. In the event that this Agreement terminates for any rea
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son, End User's license to use the Software will immediately terminate, and
End User must immediately stop using the Software, destroy all copies of
the Software and all of its component parts, and, upon request, provide an
affidavit certifying your compliance with the foregoing. The provisions of
Sub-sections 1.2, 1.3, 1.4, 1.5, 4, 5, 6, 8, and 11 shall survive termination of
this Agreement.
4. Limited Warranty
Datalogic warrants that, under normal use and operation, the Software will
conform substantially to the applicable Datalogic Product documentation
for the period specified in the same, provided that the Software is used
with the Datalogic Product. Datalogic's entire liability and End User's sole
and exclusive remedy for any breach of the foregoing limited warranty will
be, at Datalogic's option, the provision of a downloadable patch or replace
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ment software.
Datalogic does not warrant (i) that Software will meet End User's require
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ments; (ii) that Software will be uninterrupted or defect error free; (iii) any
non conformity derived from unauthorized use, and/or improper installa
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tion or repair not in compliance with Datalogic Product documentation.
End User agrees that the existence of such non conformities or errors and
Datalogic's inability to remedy such errors shall not constitute a breach of
this Agreement.
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 DATA
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LOGIC PRODUCT OR SOFTWARE, AND SPECIFICALLY DISCLAIMS THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTIC
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ULAR PURPOSE.
5. Limitation of Liability
EXCEPT AS PROVIDED IN THIS AGREEMENT, NEITHER DATALOGIC NOR ITS
LICENSORS SHALL 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 NEGLI
-
GENCE), PRODUCT LIABILITY, STRICT LIABILITY, WARRANTY, OR ANY OTHER
