50
Falcon
®
4400 Series with Windows Mobile
®
3. Transfers, Support.
3.1 Any copying, installing, reproduction, remanufacture, reverse engineering, electronic transfer, or other use of the Software on
other than a Datalogic Product will be a material breach of this EULA.
3.2 End User shall not sell, assign, sublicense, distribute, lend, rent, give, or otherwise transfer a Datalogic Product containing
Software to any third party unless such third party agrees with Datalogic in writing to be bound by the terms and conditions of
this EULA. Any such transfer of a Datalogic Product absent such agreement shall be null and void.
3.3 End User may obtain support for Software from Datalogic at Datalogic's standard support fees and under Datalogic's stan-
dard support terms and conditions in effect at the time the support is requested.
4. Intellectual Property.
End User acknowledges that the Software constitutes valuable trade secrets of Datalogic or Datalogic's third party licensors and
that the Software is protected by intellectual property laws and treaties. The license set forth in this EULA does not transfer to
End User any ownership of Datalogic's or of its third party licensors' copyrights, patents, trademarks, service marks, trade
secrets, or other intellectual property 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 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
EULA.
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 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 Data-
logic's standard assistance practices. Datalogic 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 non-conformance.
This limited warranty does not cover any product that has been subjected to damage or abuse, whether intentionally, acciden-
tally, 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
EULA.
6.2 EXCEPT AS PROVIDED IN THIS EULA, THE DATALOGIC PRODUCT IS PROVIDED "AS IS" AND DATALOGIC 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 PUR-
POSE.
7. Infringement.
7.1 Datalogic will defend End User against any claim in a lawsuit that the Datalogic Product furnished hereunder infringes 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 directly attributable to such claim or will pay End User's part of any settlement that is attribut-
able 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 Inc, 1505 Westec Drive, 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.
