Datalogic PowerScan BC96 Series Quick Reference Manual page 5

of the Software or such replacement, modified or upgraded version on your acceptance of such
superseding Agreement. In addition, either party may terminate this Agreement at any time. Subject
to the foregoing, termination shall be effective upon notice to the other party. In the event that this
Agreement terminates for any reason, End User's license to use the Software will immediately ter-
minate, and End User must immediately stop using the Software, destroy all copies of the Software
and all of its component parts, and, upon request, provide an affidavit certifying your compliance
with the foregoing. The provisions of Sub-sections 1.2, 1.3, 1.4, 1.5, 4, 5, 6, 8, and 12 shall survive
termination of this Agreement.
4. Limited Warranty
Datalogic warrants that, under normal use and operation, the Software will conform substantially to
the applicable Datalogic Product documentation for the period specified in the same, provided that
the Software is used with the Datalogic Product. Datalogic's entire liability and End User's sole and
exclusive remedy 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
DATALOGIC 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 LIA-
BLE 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 NEGLI-
GENCE), 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 PROF-
ITS, LOST DATA, INTERRUPTION OF BUSINESS OR SERVICE, OR FOR ANY OTHER SPECIAL, CONSE-
QUENTIAL, 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. Indemnification
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, dam-
ages, 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 disclosure of Software, and (3) use of Software in combination with soft-
ware, 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. Fed-
eral Acquisition Regulations 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.
QUICK REFERENCE GUIDE
EULA
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