Datalogic Heron HD3130, Краткое руководство пользователя

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END USER LICENSE AGREEMENT
iv Heron™ HD3130
3.2 End User shall not sell, assign, sublicense, distribute, lend, rent, give, or otherwise
transfer the Datalogic Product to any third party unless such third party agrees with
Datalogic in writing to be bound by the terms and conditions of this Agreement. Any
such transfer of the 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 sup-
port fees and under Datalogic's standard 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 Data-
logic's 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 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 Infor-
mation 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 Dat-
alogic 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 Dat-
alogic'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 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 unautho-
rized 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 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
PURPOSE.
7. Infringement
7.1 Datalogic will defend End User against any claim in a lawsuit that the Datalogic Prod-
uct furnished hereunder 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 settle-
ment 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 Depart-
ment, 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