Manual Datalogic Gryphon CHR-GM40 (page 6 of 20) (English)

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2 Gryphon™ I CHR-GM40

logic may elect not to terminate this Agreement or the granted licenses, but

instead may elect to notify End User that End User is deemed to have ordered

and accepted a license for each breaching use. End User shall pay Datalogic

the applicable list price for such licenses as of the date of such breach.

3.2 End User shall not sell, assign, sublicense, distribute, lend, rent, give, or other-

wise 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 agree-

ment shall be null and void.

3.3 End User may obtain support for Software from Datalogic at Datalogic's stan-

dard support fees and under Datalogic's standard support terms and condi-

tions in effect at the time the support is requested.

4. Intellectual Property.

End User acknowledges that the Software constitutes valuable trade secrets of Data-

logic or Datalogic's third party licensors and that the Software is protected by intellec-

tual 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, pro-

prietary, and trade secret property of Datalogic and Datalogic's third party

licensors and End User acquires no right or interest in any Proprietary Informa-

tion.

5.2 End User shall not disclose, provide, or otherwise make available the Propri-

etary 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 prop-

erty.

5.3 The provisions of this Proprietary Information Section shall survive and con-

tinue 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 Prod-

uct will conform substantially to the applicable Documentation for the period

specified in the Documentation. During this period, for all reproducible non-

conformities 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 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 PRO-

VIDED "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 MERCHANTABIL-

ITY 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 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,

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Datalogic Gryphon CHR-GM40 Manual

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