Datalogic QuickScan Lite QW2100 Quick Reference Manual page 24

treaties. The license set forth in this Agreement does not transfer to End User any ownership of Dat-
alogic'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 ob-
scure any copyright, trademark, patent marking, or other intellectual property notices contained 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 Infor-
mation other than in conjunction with use of the Datalogic Product exclusively for End User's inter-
nal 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 sub-
stantially 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 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 assis-
tance 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 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 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 SPECIF-
ICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FIT-
NESS 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, pro-
vided, 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 Depart-
ment, 959 Terry Street, Eugene, OR 97402.
7.2 In the defense or settlement of any such claim, Datalogic may, at its option, 1) procure 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, man-
ufactured, or modified to the specifications of End User, or 3) End User's modification of the Data-
logic Product without written authorization from Datalogic.
7.4 THE FOREGOING STATES DATALOGIC'S COMPLETE AND ENTIRE OBLIGATION
CONCERNING CLAIMS OF PATENT, COPYRIGHT, OR OTHER INTELLECTUAL
PROPERTY INFRINGEMENT, CANCELS AND SUPERCEDES ANY PRIOR AGREE-
MENTS, WHETHER ORAL OR WRITTEN, BETWEEN THE PARTIES CONCERNING
SUCH CLAIMS, AND WILL NOT BE MODIFIED OR AMENDED BY ANY PAST, CON-
TEMPORANEOUS, OR FUTURE AGREEMENTS OR DEALINGS BETWEEN THE PAR-
TIES, WHETHER ORAL OR WRITTEN, EXCEPT AS SET FORTH IN A FUTURE
WRITING SIGNED BY BOTH PARTIES.
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QuickScan Lite QW2100