Datalogic Gryphon I GPS4400 Quick Reference Manual page 7

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 rea-
sonable efforts to remedy nonconformities verified by Datalogic. End User agrees to
supply Datalogic with all reasonably requested information and assistance neces-
sary 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 non-
conformance. This limited warranty does not cover any product that have been sub-
jected to damage or abuse, whether intentionally, accidentally, or by neglect, or to
unauthorized repair or unauthorized installation, and shall be void if End User modi-
fies 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 settlement. All notices of a claim should be sent to Datalogic ADC,
Inc., 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) pro-
cure 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 Datalogic 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 Product 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 CON-
CERNING CLAIMS OF PATENT, COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY
INFRINGEMENT, CANCELS AND SUPERCEDES ANY PRIOR AGREEMENTS, WHETHER
ORAL OR WRITTEN, BETWEEN THE PARTIES CONCERNING SUCH CLAIMS, AND WILL
NOT BE MODIFIED OR AMENDED BY ANY PAST, CONTEMPORANEOUS, OR FUTURE
Quick Reference Guide 3