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Datalogic Touch TD1100 Manual

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Quick Reference Guide iii
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 agree-
ment, and End User shall not use the Proprietary Information other than in conjunction with use of the Datalogic Prod-
uct 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 applica-
ble Documentation for the period specified in the Documentation. During this period, for all reproducible nonconformi-
ties 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 reme-
dial 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 installa-
tion, 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 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, 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 settle-
ment. All notices of a claim should be sent to Datalogic ADC, 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) provide End User an opportunity to return the Data-
logic 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 Datalogic Product in
combination with any product which Datalogic has not either furnished or authorized for use with such Datalogic Prod-
uct 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 PAR-
TIES CONCERNING SUCH CLAIMS, AND WILL NOT BE MODIFIED OR AMENDED BY ANY PAST, CON-
TEMPORANEOUS, 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 CIRCUMSTANCES 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, CONTINGENT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLA-
RY, 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 Softwar
e clause at DFARS 252.227-7013(c)(1)(ii), whichever is applica-
ble.
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, and with the English language
version of this Agreement. The provisions of the "United Nations Convention on International Sale of Goods" shall not
apply to this Agreement.
10. Termination.
… 5 …


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