Datalogic Touch TD1100 series Quick Reference Manual page 6

ware is used with the Datalogic Product. Datalogic's entire liability and End User's sole and exclusive rem-
edy for any breach of the foregoing limited warranty will be, at Datalogic's option, the provision of a
downloadable patch or replacement software.
Datalogic does not warrant (i) that Software will meet End User's requirements; (ii) that Software will be
uninterrupted or defect error free; (iii) any non conformity derived from unauthorized use, and/or
improper installation or repair not in compliance with Datalogic Product documentation. End User agrees
that the existence of such non conformities or errors and Datalogic's inability to remedy such errors shall
not constitute a breach of this Agreement.
EXCEPT AS PROVIDED IN THIS AGREEMENT, THE DATALOGIC PRODUCT IS PROVIDED "AS IS" AND DATA-
LOGIC MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT
TO THE DATALOGIC PRODUCT OR SOFTWARE, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5. Limitation of Liability
EXCEPT AS PROVIDED IN THIS AGREEMENT, NEITHER DATALOGIC NOR ITS LICENSORS SHALL 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 OR ITS LICENSORS
BE LIABLE TO END USER OR ANY THIRD PARTY FOR LOST PROFITS, LOST DATA, INTERRUPTION OF BUSI-
NESS OR SERVICE, OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, CONTINGENT, INDIRECT, INCIDENTAL,
PUNITIVE, EXEMPLARY, OR OTHER SIMILAR DAMAGES, EVEN IF DATALOGIC OR ITS LICENSORS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. END USER MUST BRING ANY ACTION UNDER
THIS AGREEMENT WITHIN 12 (TWELVE) MONTHS AFTER THE CAUSE OF ACTION ARISES.
6. Infringement
To the maximum extent permitted by law, End User agrees to defend, indemnify and hold harmless Data-
logic, 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 or related to Licensee's
failure to comply with the terms of this Agreement, including but not limited to (1) non compliance with
any applicable laws or regulations with Datalogic product documentation, (2) unauthorized use or disclo-
sure of Software, and (3) use of Software in combination with software, hardware, systems, or other items
not provided by Datalogic.
7. Support
End User may request support for Software from Datalogic at Datalogic's standard support fees and
under Datalogic's standard support terms and conditions in effect at the time the support is requested.
8. Government Restricted Rights; International Use
8.1 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 Regula-
tions at FAR 52.227-14(g), or 52.227-19 or in the Rights in Technical Data and Computer Software
clause at DFARS 252.227-7013(c)(1)(ii), whichever is applicable.
8.2 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 and with U.S. export control
laws,. Without prejudice of the foregoing, the End User agrees to not export or re-export the Software,
any part thereof, or any process or service that is the direct product of the Software to any country,
person or entity subject to U.S. export restrictions. End User specifically agrees not to export or re-
export any of the Software: (i) to any country to which the U.S. has embargoed or restricted the export
of goods or services or to any national of any such country, wherever located, who intends to transmit
or transport the Software back to such country; (ii) to any person or entity who you know or have rea-
son to know will utilize the Software in the design, development or production of nuclear, chemical or
biological weapons; or (iii) to any person or entity who has been prohibited from participating in U.S.
export transactions by any federal agency of the U.S. government. End User warrants and represents
that neither the U.S. Commerce Department, Bureau of Export Administration nor any other U.S. fed-
eral agency has suspended, revoked or denied its export privileges.
9. Third Party Software
The Datalogic Product may contain one or more items of third party software which use is governed by
separate third party license, unless otherwise stated.
10. Notices
All notices required or authorized under this Agreement shall be given in writing, and shall be effective
when received, with evidence of receipt. Notices to Datalogic shall be sent to the attention of
Tech S.r.l., Legal & IP Department, Via San Vitalino 13, 40012 Calderara di Reno (Bologna), Italy, or such
other address as may be specified by Datalogic in writing.
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Datalogic IP
Touch TD1100