PREFACE
xii
AV500/AV900 2D CAMERA
Software solely for back-up purposes. Unauthorized duplication of the Software consti-
tutes copyright infringement.
1.5 Any use of the Software outside of the conditions set forth herein is strictly prohib-
ited and will be deemed a breach of this Agreement resulting in immediate termination
of this Agreemen
t. In the event of a breach of this Agreement, Datalogic will be entitled
to all available remedies at law or in equity (including but not limiting to immediate ter-
mination of the license without notice, immediate injunctive relief and repossession of
all Data
logic Products).
1.6 Without prejudice of the foregoing, End User grants to Datalogic and its indepen-
dent accountants or consultants the right to examine End User's books, records and
accoun
ts during End User's normal business hours to verify compliance with this Agree-
ment. In the event such audit discloses non-compliance with this Agreement, Datalogic
shall be en
titled to immediately terminate the Agreement, request End User to
promptly pay all (additional) license fees due and any further damages, if any.
2. License Fee
License fees shall be due by End User to Datalogic according to the terms provided for in
the relevant contract for the purchase of the Datalogic Product.
3. Termination
Without prejudice to any other rights or remedies Datalogic may have, Datalogic may
t
erminate
this Agreement if End User fails to comply with the terms and conditions of
this Agreement. Datalogic may terminate this Agreement by offering you a superseding
Agreement for the Software or any replacement or modified version of or upgrade to
the Software and conditioning your continued use of the Software or such replacement,
modified or upgraded version on your acceptance of such superseding Agreement. In
addition, either party may terminate this Agreement at any time. Subject to the forego-
ing, termination shall be effective upon notice to the other party. In the event that this
Agr
eement terminates for any reason, End User’s license to use the Software will imme-
diately terminate, and End User must immediately stop using the Software, destroy all
copies of the Softw
are and all of its component parts, and, upon request, provide an
affidavit certifying your compliance with the foregoing. The provisions of Sub-sections
1.2, 1.3, 1.4, 1.5, 4, 5, 6, 8, and 12 shall survive termination of this Agreement.
4. Limited Warranty
Datalogic warrants that, under normal use and operation, the Software will conform
subst
antially to the applicable Datalogic Product documentation for the period specified
in the same, provided that the Software is used with the Datalogic Product. Datalogic’s
entire liability and End User’s sole and exclusive remedy for any breach of the foregoing
limited warranty will be, at Datalogic’s option, the provision of a downloadable patch or
replacement software.
Datalogic does not warrant (i) that Software will meet End User's r
equirements; (ii) that
Software will be uninterrupted or defect error free; (iii) any non conformity derived
from unauthorized use, and/or improper installation or repair not in compliance with
Datalogic Product documentation. End User agrees that the existence of such non con-
formities or errors and Datalogic’s inability to remedy such errors shall not constitute a
breach of this Agr
eement.
EXCEPT AS PROVIDED IN THIS AGREEMENT, THE DAT
ALOGIC PRODUCT IS PROVIDED "AS
IS" AND DATALOGIC MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WRIT-
TEN OR ORAL, WITH RESPECT TO THE DATALOGIC PRODUCT OR SOFTWARE, AND SPE-
CIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A P
ARTICULAR PURPOSE.
5. Limitation of Liability
EXCEPT AS PROVIDED IN THIS AGREEMENT, NEITHER DATALOGIC NOR ITS LICENSORS
SHALL
BE LIABLE FO
R ANY CLAIMS AGAINST END USER BY ANY OTHER PARTY. IN NO
EVENT SHALL DAT
ALOGIC'S LIABILITY FOR DAMAGES, IF ANY, WHETHER BASED UPON
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