Datalogic AV500, Руководство по продукции

Страница: 11 / 324

TECHNICAL SUPPORT
PRODUCT REFERENCE GUIDE
xi
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, Datalogic 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 forego ‐
ing, termination shall be effective upon notice to the other party. In the event that this
Agreement terminates for any reason, End User’s license to use the Software will imme
‐
diately 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 12 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
replacement software.
Datalogic does not warrant (i) that Software will meet End User's requirements; (ii) that
Software will be uninterrupted or defect error free; (iii) any non conformity derived
from unauthorized use, and/or improper installation or repair not in compliance with
Datalogic Product documentation. End User agrees that the existence of such non con ‐
formities 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, WRIT
‐
TEN OR ORAL, WITH RESPECT TO THE DATALOGIC PRODUCT OR SOFTWARE, AND SPE ‐
CIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR 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 NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY,
WARRANTY, OR ANY OTHER BASIS, EXCEED THE PRICE OR FEE PAID BY END USER FOR
THE DATALOGIC PRODUCT. UNDER NO CIRCUMSTANCES SHALL DATALOGIC OR ITS
LICENSORS BE LIABLE TO END USER OR ANY THIRD PARTY FOR LOST PROFITS, LOST
DATA, INTERRUPTION OF BUSINESS OR SERVICE, OR FOR ANY OTHER SPECIAL, CONSE
‐
QUENTIAL, CONTINGENT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR OTHER
SIMILAR DAMAGES, EVEN IF DATALOGIC OR ITS LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. END USER MUST BRING ANY ACTION UNDER THIS
AGREEMENT WITHIN 12 (TWELVE) MONTHS AFTER THE CAUSE OF ACTION ARISES.
6. Indemnification
To the maximum extent permitted by law, End User agrees to defend, indemnify and
hold harmless Datalogic, its affiliates and their respective directors, officers, employees