Limited Warranty; Limitation Of Liability - Datalogic Gryphon I GFS4400 Quick Reference Manual

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.

8. Limitation Of Liability.

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,
EXEMPLARY, OR OTHER SIMILAR DAMAGES, EVEN IF DATALOGIC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Quick Reference Guide
(EULA) FOR THE GRYPHON™ GFS44XX PRODUCT SERIES
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