Software Product Policy
Quick Reference Guide 5
on the Datalogic Product in which it is embedded (“designated Datalogic Product”), in machine-readable form
only solely f End User's inter business purposes This Agreement does not convey o of the
Software to End User Title to the Softw shall be and remain with Datalogic or the third party from whom
Datalogic has obtained a licensed r As used in this Ag the ter “purchase” or its equiv
when applied to the Software shall mean “acquire under license. End User is not entitled to receipt or use of
the source code to any Software
2.2 End User shall not copy disassemble, re
ufacture the Software, whether modified or unmodified, nor sell, assign, sub
or otherwise tr Softw to any other person or organization, f pur other than as e
provided in this Agreement, without Datalogic’ consent.
3.
Tt.
3.1 Any copying, installing, reproduction, remanuf electronic transf o other use of
the Software on other than the designated Datalogic Product will be a material breach of this Ag
Howe Datalogic ma elect not to ter or the gr licenses, b ma elect
to notify End User that End User is deemed to ha accepted a license for each breaching use
End User shall pay Datalogic the applicab
3.2 End User shall not sell, assign, sub distr lend, rent, give, or otherwise transfer the Datalogic
Product to any third party unless such third par with Datalogic in writing to be bound by the terms
and conditions of this Agreement. Any such transfer of the Datalogic Product absent such agreement shall be
null and void.
3.3 End User ma for Software from Datalogic at Datalogic’s standard suppor fees and under Dat-
alogic’ ter and conditions in effect at the time the support is requested.
4.
Intellectual Property
End User ackno that the Softw constitutes valuable trade secrets of Datalogic or Datalogic’ third party
licensors and that the Software is protected b intellectual proper and treaties. The license set f i this
Agreement does not transf End User any ownership of Datalogic’s or its third par licensors' copyrights
trademarks, service mar t secrets or other intellectual property rights and End User shall ha no r
commence any legal actions to obtain such r End User shall not remo take any other action that
would obscure any cop trademark, patent mar or other intellectual proper notices contained in or on the
Datalogic Product.
5.
Proprietary Information.
5.1 End User acknowledges that Propr is the confidential, propr
of Datalogic and Datalogic’ licensors and End User acquires no right or interest in any Proprietary
Information.
5.2 End User shall not disclose, pro otherwise mak available the Propr Datalogic or
its third party licensors to any person other than End User’ author agents who are under
confidentiality ag and End User shall not use the Propr Information other than in conjunction
with use of the Datalogic Product e User’s internal business pur End User shall take
steps to protect the Propr no less securely than if it were End User's own intellectual prop-
erty
5.3 The provisions of this Propr Information Section shall survive and continue for five (5) y
mination of this Agreement.
6.
Limited W
6.1 Datalogic warrants that, under nor and oper the Datalogic Product will conform substantially to
the applicable Documentation f the period specified in the Documentation. Dur period, for all repro-
ducible nonconf f which Datalogic has been given written notice Datalogic will use commercially
reasonable eff to remedy nonconformities verified by Datalogic. End User agrees to supply Datalogic with
all reasonably requested information and assistance necessar remedying such noncon-
formities. For all defects reported to Datalogic within the warranty period, Datalogic’s liability is limited to pro-
viding End User with one copy of corrections or responding to End User's problem repor according to
Datalogic's standard assistance pr Datalogic does not warrant that the product will meet End User's
requirements or that use of the product will be uninterr that Datalogic's remedial efforts
will correct any nonconformance. This limited warranty does not cover any product that have been subjected
to damage or ab whether intentionally accidentally b neglect, or to unauthorized repair or unautho-
rized installation, and shall be v if End User modifies the product, uses the product in an manner other
than as established in the Documentation, or if End User breaches any of the pro
6.2 EXCEPT AS PRO IN THIS A D IS PRO “AS IS” AND
DA MAKES NO W OF ANY KIND EXPRESS OR IMPLIED WRITTEN OR ORAL,
WITH RESPECT TO THE PRODUCT AND SPECIFICALL DISCLAIMS THE IMPLIED W OF
MERCHANT
7.
Infringement.
7.1 Datalogic will defend End User against any claim in a l the Datalogic Product fur
infringe a United States patent or copyright of a third par and Datalogic will pay an damages finally
awarded against End User b a court o competent jurisdiction that are attributable to such claim or will pa
End User’s par a settlement that is attr to such claim, provided, that 1) End User notifies Data-
logic promptly in wr of the claim, 2) Datalogic controls the defense or settlement of the claim, and 3) End
User cooper fully with Datalogic in such def or settlement. All notices of a claim should be sent to
Datalogic ADC, Inc., Legal Department, 959 T
7.2 In the def settlement of an claim, Datalogic ma its option, 1) procure for End User the r
to contin 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 retur the Datalogic Product and receive a refund of the purchase price paid, less a reason-
able allow
7.3 Datalogic shall hav
Product in combination with an product which Datalogic has not either fur author for use with
such Datalogic Product 2) the use of any Datalogic Product designed, manufactured, or modified to the spec-
