www.balluff.com
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END USER SOFTWARE LICENSE AGREEMENT (EULA)
5
BVS HS-PC
Industrial Corded Handheld Barcode Reader
3. Transfers, Support.
3.1
Any copying, installing, reproduction, remanufacture, reverse engineering,
electronic transfer, or other use of the Software on other than the designated
Balluff Product will be a material breach of this Agreement. However, Balluff
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
Balluff the applicable list price for such licenses as of the date of such
breach.
3.2
End User may obtain support for Software from Balluff at Balluff's standard
support fees and under Balluff's standard support terms and conditions in
effect at the time the support is requested.
3.3
End User shall make at its own cost and liability a back up copy of any data
processed and/or run through the Software.
4. Intellectual Property.
End User acknowledges that the Software constitutes valuable trade secrets of
Balluff or Balluff'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 Balluff'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 Balluff Product.
5. Proprietary Information.
5.1
End User acknowledges that Proprietary Information is the confidential, pro-
prietary, and trade secret property of Balluff and Balluff'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 Balluff or its third party licensors to any person other
than End User's authorized employees or agents who are under confidenti-
ality agreement, and End User shall not use the Proprietary Information other
than in conjunction with use of the Balluff Product exclusively for End User's
internal business purposes. End User shall take steps to protect the Propri-
etary 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
Balluff warrants that, under normal use and operation, the Balluff Product will
conform substantially to the applicable Documentation for the period speci-
fied in the Documentation. During this period, for all reproducible non- con-
formities for which Balluff has been given written notice, Balluff will use
commercially reasonable efforts to remedy nonconformities verified by Bal-
luff. End User agrees to supply Balluff with all reasonably requested informa-
tion and assistance necessary to help Balluff in remedying such
nonconformities. For all defects reported to Balluff within the warranty
period, Balluff's liability is limited to providing End User with one copy of cor-
rections or responding to End User's problem reports according to Balluff's
standard assistance practices. Balluff does not warrant that the product will
meet End User's requirements or that use of the product will be uninter-
rupted or error free, or that Balluff's remedial efforts will correct any noncon-
formance. 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 Agreement.
6.2
EXCEPT AS PROVIDED IN THIS AGREEMENT, THE BALLUFF PRODUCT
IS PROVIDED "AS IS" AND BALLUFF MAKES NO WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO
THE PRODUCT, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRAN-
TIES OF MERCHANT- ABILITY AND FITNESS FOR A PARTICULAR PUR-
POSE.
