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Touch TD1100
third party licensors and that the Software is protected by intellectual 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' copyrights, 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 Proprietary Information of Data-
logic 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 busi-
ness purposes. 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 substan-
tially to the applicable Documentation for the period specified in the Documentation. During this
period, for all reproducible nonconformities for which Datalogic has been given written notice, Data-
logic 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 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. Dat-
alogic 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 nonconfor-
mance. 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 Documentation, or if End User breaches any of the provisions of this Agree-
ment.
6.2 EXCEPT AS PROVIDED IN THIS AGREEMENT, THE DATALOGIC PRODUCT IS PROVIDED "AS IS" AND DAT-
ALOGIC MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH
RESPECT TO THE PRODUCT, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MER-
CHANTABILITY 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 dam-
ages 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 Datalogic 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 settle-
ment. All notices of a claim should be sent to Datalogic ADC, Legal Department, 959 Terry Street,
Eugene, OR 97402.
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 reasonable 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 autho-
rized for use with such Datalogic Product 2) the use of any Datalogic Product designed, manufactured,
or modified to the specifications 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 SUPER-
CEDES ANY PRIOR AGREEMENTS, WHETHER ORAL OR WRITTEN, BETWEEN THE PARTIES CONCERN-
ING SUCH CLAIMS, AND WILL NOT BE MODIFIED OR AMENDED BY ANY PAST, CONTEMPORANEOUS,
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,
