Datalogic QuickScan QS6500BT Quick Reference Manual page 4

3. Transfers, Support.
3.1 Any copying, installing, reproduction, remanufacture, reverse engineering, electronic trans-
fer, or other use of the Software on other than the designated Datalogic Product will be a
material breach of this Agreement. However, Datalogic may elect not to terminate this
Agreement or the granted licenses, but instead may elect to notify End User that End User is
deemed to have ordered and accepted a license for each breaching use. End User shall pay
Datalogic the applicable list price for such licenses as of the date of such breach.
3.2 End User shall not sell, assign, sublicense, distribute, lend, rent, give, or otherwise transfer
the Datalogic Product to any third party unless such third party agrees with Datalogic in writ-
ing to be bound by the terms and conditions of this Agreement. Any such transfer of the Dat-
alogic Product absent such agreement shall be null and void.
3.3 End User may obtain 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.
4. Intellectual Property.
End User acknowledges that the Software constitutes valuable trade secrets of Datalogic or Data-
logic's third party licensors and that the Software is protected by intellectual property laws and trea-
ties. The license set forth in this Agreement does not transfer to End User any ownership of
Datalogic's or its third party licensors' copyrights, patents, trademarks, service marks, trade
secrets, or other intellectual property rights and End User shall have no right to commence any
legal actions to obtain such rights. End User shall not remove, modify, or take any other action that
would obscure any copyright, trademark, patent marking, or other intellectual property notices con-
tained in or on the Datalogic Product.
5. Proprietary Information.
5.1 End User acknowledges that Proprietary Information is the confidential, proprietary, and
trade secret property of Datalogic and Datalogic's third party licensors and End User
acquires no right or interest in any Proprietary Information.
5.2 End User shall not disclose, provide, or otherwise make available the Proprietary Information
of Datalogic or its third party licensors to any person other than End User's authorized
employees or agents who are under confidentiality agreement, and End User shall not use
the Proprietary Information other than in conjunction with use of the Datalogic Product exclu-
sively 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 uninter-
rupted 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 unau-
thorized 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 PRO-
VIDED "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.
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QuickScan QS6500BT