Datalogic JOYA X1 R2U User Manual page 6

lawful use, provided Customer affixes to such copies all copyright, confidentiality, and proprietary notices
that appear on the original.
5. Protection of Information. Customer agrees that aspects of the Software and associated
documentation, including the specific design and structure of individual programs, constitute trade secrets
and/or copyrighted material of Datalogic. Customer shall not disclose, provide, or otherwise make
available such trade secrets or copyrighted material in any form to any third party without the prior written
consent of Datalogic. Customer shall implement reasonable security measures to protect such trade
secrets and copyrighted material. Software and documentation shall remain solely property of Datalogic.
6. Limited Warranty. If Customer obtained the Software directly from Datalogic, then Datalogic warrants that
during the Warranty Period (as defined below): (i) the media on which the Software is furnished will be free of
defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its
published specifications. The "Warranty Period" means a period beginning on the date of Customer's receipt of
the Software and ending on the later of (a) ninety (90) days from the date of initial shipment of the Software by
Datalogic, or (b) the end of the minimum period required by the law of the applicable jurisdiction. The limited
warranties extend only to Customer as the original licensee. Customer's sole and exclusive remedy and the
entire liability of Datalogic and its suppliers under these limited warranties will be, at Datalogic's sole option,
repair or replacement of the Software if reported (or, upon request, returned) to Datalogic. Except as expressly
granted in this Agreement, the Software is provided AS IS and with all faults. Datalogic does not warrant that
the Software is error free or that Customer will be able to operate the Software without problems or
interruptions. In addition, due to the continual development of new techniques for intruding upon and attacking
networks, Datalogic does not warrant that the Software or any equipment, system or network on which the
Software is used will be free of vulnerability to intrusion or attack. This warranty does not apply if the Software
(a) is licensed for beta, evaluation, testing or demonstration purposes for which Datalogic does not receive a
license fee, (b) has been altered, except by Datalogic, (c) has not been installed, operated, repaired, or
maintained in accordance with instructions supplied by Datalogic, (d) has been subjected to abnormal physical
or electrical stress, misuse, negligence, or accident, or (e) is used in ultra hazardous activities. If Customer
obtained the Software from a Datalogic reseller, the terms of any warranty shall be as provided by such
distributor, and Datalogic provides Customer no warranty with respect to such Software. The Software may
contain support for programs written in Java. Java technology is not fault tolerant and is not designed,
manufactured, or intended for use or resale as online control equipment in hazardous environments requiring
fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication
systems, air traffic control, direct life support machines, or weapons systems, in which the failure of Java
technology could lead directly to death, personal injury, or severe physical or environmental damage. Microsoft
Inc. has contractually obligated Datalogic to make this disclaimer.
7. Disclaimer of Warranties. Except as specified in this warranty, all expressed or implied conditions,
representations, and warranties including, without limitation, any implied warranty or condition of
merchantability, fitness for a particular purpose, non-infringement, satisfactory quality or arising from a course
of dealing, usage, or trade practice, are hereby excluded to the extent allowed by applicable law. To the extent
that an implied warranty cannot be excluded, such warranty is limited in duration to the warranty period.
8. Disclaimer of Liabilities. In no event will Datalogic or its suppliers be liable for any lost revenue, profit,
or data, or for special, indirect, consequential, incidental, or punitive damages however caused and
arising out of the use of or inability to use the Software even if Datalogic has been advised of the
possibility of such damages. In no event shall Datalogic or its suppliers' liability to customer, whether in
contract, tort (including negligence), or otherwise, exceed the price paid by customer. The foregoing
limitations shall apply even if the above-stated warranty fails of its essential purpose.
9. Term and Termination. This Agreement is effective until terminated. Customer may terminate this
Agreement at any time by destroying all copies of Software including any documentation. Customer's
license rights under this Agreement will terminate immediately without notice from Datalogic if Customer
fails to comply with any provision of this Agreement. Upon termination, Customer must destroy all copies
of Software in its possession or control.
10. Customer Records. Customer grants to Datalogic and its independent accountants the right to
examine Customer's books, records and accounts during Customer's normal business hours to verify
compliance with this Agreement. In the event such audit discloses non-compliance with this Agreement,
Customer shall promptly pay to Datalogic the appropriate license fees.
11. General Provisions. This Agreement shall be governed by and construed in accordance with the
laws of Italy. All disputes arising out of or in connection with this Agreement will be subject to the
exclusive jurisdiction of the competent Court of the place where Datalogic has its registered office. If any
portion hereof is found to be void or unenforceable, the remaining provisions of this Agreement shall
remain in full force and effect. Except as expressly provided herein, this Agreement constitutes the entire
agreement between the parties with respect to the license of the Software and supercedes any conflicting
or additional terms contained in the purchase order.
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