END USER LICENSE AGREEMENT
iv
BC 9xx0 Cradle
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 Datalogic
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 business 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 substantially
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, Datalogic will use com-
mercially 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 reme-
dying 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. Datalogic does not warrant that the prod-
uct 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 nonconformance. 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 DATALOGIC PRODUCT IS PROVIDED "AS IS" AND DATA-
LOGIC MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT
TO THE PRODUCT, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY 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 here-
under infringe a United States patent or copyright of a third party and Datalogic will pay any damages
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 settlement. All notices of a claim
should be sent to Datalogic ADC, Inc., 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) pro-
vide 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 Data-
logic Product in combination with any product which Datalogic has not either furnished or authorized 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 SUPERCEDES
ANY PRIOR AGREEMENTS, WHETHER ORAL OR WRITTEN, BETWEEN THE PARTIES CONCERNING 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, 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 CIR-
CUMSTANCES SHALL DATALOGIC BE LIABLE TO END USER OR ANY THIRD PARTY FOR LOST PROFITS, LOST
DATA, INTERRUPTION OF BUSINESS OR SERVICE, OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, CONTIN-
GENT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR OTHER SIMILAR DAMAGES, EVEN IF DATALOGIC HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Government Restricted Rights; International Use
9.1 Use, duplication, or disclosure of the Software by the U.S. Government is subject to the restrictions for
computer software developed at private expense as set forth in the U.S. Federal Acquisition Regulations
at FAR 52.227-14(g), or 52.227-19 or in the Rights in Technical Data and Computer Software clause at
DFARS 252.227-7013(c)(1)(ii), whichever is applicable.
9.2 If End User is using the Datalogic Product outside of the United States, End User must comply with the
applicable local laws of the country in which the Datalogic Product is used, with U.S. export control laws,
