20 QuickScan
TM
Lite QW2100
4. Intellectual Property.
End User acknowledges that the Software constitutes valuable trade secrets of Datalogic or Da-
talogic's third party licensors and that the Software is protected by intellectual property laws
and treaties. The license set forth in this Agreement does not transfer to End User any owner-
ship 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 com-
mence 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 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 Informa-
tion of Datalogic or its third party licensors to any person other than End User's autho-
rized 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 exclusively 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 con-
form substantially to the applicable Documentation for the period specified in the Docu-
mentation. During this period, for all reproducible nonconformities for which Datalogic
has been given written notice, Datalogic will use commercially reasonable efforts to rem-
edy nonconformities verified by Datalogic. End User agrees to supply Datalogic with all
reasonably requested information and assistance necessary to help Datalogic in remedy-
ing 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 nonconformance. This limited warranty does not cover any prod-
uct that have been subjected 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 PROVIDED "AS
IS" AND DATALOGIC MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WRIT-
TEN OR ORAL, WITH RESPECT TO THE PRODUCT, AND SPECIFICALLY DISCLAIMS THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PUR-
POSE.
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 Dat-
alogic 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 settle-
ment 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 USA, 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) procure for
End User the right to continue using the Datalogic Product, 2) modify the Datalogic Prod-
uct 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 Dat-
alogic Product and receive a refund of the purchase price paid, less a reasonable allow-
ance 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 Data-
logic 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 Dat-
alogic.
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