END USER SOFTWARE LICENSE AGREEMENT
Quick Reference Guide
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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
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 Datalogic'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 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 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.
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 and agents from and against any and all
claims, actions, suits or proceedings, as well as any and all losses,
liabilities, damages, costs and expenses (including reasonable attorney’s
fees) arising out of or accruing from (a) the End User’s use of Software,
(b) any application the End User develops on the Software that infringes
any Intellectual Property Rights of any person or defames any person or
violates their rights of publicity or privacy, and (c) any non-compliance by
the End User of this Agreement.
