6. Limited Warranty.
If Customer obtained the Software directly from Datalogic, then Datalogic warrants that during the
Warranty Period (as defined below): (i) the media on which the Software is furnished will be free of defects in materials and
workmanship under normal use; and (ii) the Software will substantially conform to its published specifications. The “Warranty
Period” means a period beginning on the date of Customer’s receipt of the Software and ending on the later of (a) ninety (90)
days from the date of initial shipment of the Software by Datalogic, or (b) the end of the minimum period required by the law of
the applicable jurisdiction. The limited warranties extend only to Customer as the original licensee. Customer's sole and
exclusive remedy and the entire liability of Datalogic and its suppliers under these limited warranties will be, at Datalogic’s sole
option, repair or replacement of the Software if reported (or, upon request, returned) to Datalogic. Except as expressly granted
in this Agreement, the Software is provided
AS IS
and with all faults. Datalogic does not warrant that the Software is error free
or that Customer will be able to operate the Software without problems or interruptions. In addition, due to the continual
development of new techniques for intruding upon and attacking networks, Datalogic does not warrant that the Software or any
equipment, system or network on which the Software is used will be free of vulnerability to intrusion or attack. This warranty
does not apply if the Software (a) is licensed for beta, evaluation, testing or demonstration purposes for which Datalogic does
not receive a license fee, (b) has been altered, except by Datalogic, (c) has not been installed, operated, repaired, or maintained
in accordance with instructions supplied by Datalogic, (d) has been subjected to abnormal physical or electrical stress, misuse,
negligence, or accident, or (e) is used in ultra hazardous activities. If Customer obtained the Software from a Datalogic reseller,
the terms of any warranty shall be as provided by such distributor, and Datalogic provides Customer no warranty with respect to
such Software. The Software may contain support for programs written in Java. Java technology is not fault tolerant and is not
designed, manufactured, or intended for use or resale as online control equipment in hazardous environments requiring fail-safe
performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct
life support machines, or weapons systems, in which the failure of Java technology could lead directly to death, personal injury,
or severe physical or environmental damage. Microsoft Inc. has contractually obligated Datalogic to make this disclaimer.
7. Disclaimer of Warranties.
Except as specified in this warranty, all expressed or implied conditions, representations, and
warranties including, without limitation, any implied warranty or condition of merchantability, fitness for a particular purpose, non-
infringement, satisfactory quality or arising from a course of dealing, usage, or trade practice, are hereby excluded to the extent
allowed by applicable law. To the extent that an implied warranty cannot be excluded, such warranty is limited in duration to the
warranty period.
8. Disclaimer of Liabilities.
In no event will Datalogic or its suppliers be liable for any lost revenue, profit, or data, or for
special, indirect, consequential, incidental, or punitive damages however caused and arising out of the use of or inability to use
the Software even if Datalogic has been advised of the possibility of such damages. In no event shall Datalogic or its suppliers'
liability to customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by customer. The
foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose.
9. Term and Termination.
This Agreement is effective until terminated. Customer may terminate this Agreement at any time by
destroying all copies of Software including any documentation. Customer’s license rights under this Agreement will terminate
immediately without notice from Datalogic if Customer fails to comply with any provision of this Agreement. Upon termination,
Customer must destroy all copies of Software in its possession or control.
10. Customer Records.
Customer grants to Datalogic and its independent accountants the right to examine Customer’s books,
records and accounts during Customer’s normal business hours to verify compliance with this Agreement. In the event such
audit discloses non-compliance with this Agreement, Customer shall promptly pay to Datalogic the appropriate license fees.
11. General Provisions.
This Agreement shall be governed by and construed in accordance with the laws of Italy. All disputes
arising out of or in connection with this Agreement will be subject to the exclusive jurisdiction of the competent Court of the
place where Datalogic has its registered office. If any portion hereof is found to be void or unenforceable, the remaining
provisions of this Agreement shall remain in full force and effect. Except as expressly provided herein, this Agreement
constitutes the entire agreement between the parties with respect to the license of the Software and supercedes any conflicting
or additional terms contained in the purchase order.
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