Datalogic DSM0400 Quick Reference Guide

iv DSM0400
3. Termination
Without prejudice to any other rights or remedies Datalogic may have, Datalogic may terminate
this Agreement if End User fails to comply with the terms and conditions of this Agreement. Dat-
alogic 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 contin-
ued 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 foregoing, termination shall be effective upon notice to the other party. In the event
that this Agreement 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 Software 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 substantially
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 requirements; (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 conformities or errors and Datalogic's inability to
remedy such errors shall not constitute a breach of this Agreement.
EXCEPT AS PROVIDED IN THIS AGREEMENT, THE DATALOGIC PRODUCT IS PROVIDED "AS IS" AND
DATALOGIC MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL,
WITH RESPECT TO THE DATALOGIC PRODUCT OR SOFTWARE, AND SPECIFICALLY DISCLAIMS THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5. Limitation of Liability
EXCEPT AS PROVIDED IN THIS AGREEMENT, NEITHER DATALOGIC NOR ITS LICENSORS SHALL BE
LIABLE FOR ANY CLAIMS AGAINST END USER BY ANY OTHER PARTY. IN NO EVENT SHALL DATA-
LOGIC'S LIABILITY FOR DAMAGES, IF ANY, WHETHER BASED UPON CONTRACT, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, WARRANTY, OR ANY OTHER BASIS, EXCEED
THE PRICE OR FEE PAID BY END USER FOR THE DATALOGIC PRODUCT. UNDER NO CIRCUM-
STANCES SHALL DATALOGIC OR ITS LICENSORS BE LIABLE TO END USER OR ANY THIRD PARTY
FOR LOST PROFITS, LOST DATA, INTERRUPTION OF BUSINESS OR SERVICE, OR FOR ANY OTHER
SPECIAL, CONSEQUENTIAL, CONTINGENT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR
OTHER SIMILAR DAMAGES, EVEN IF DATALOGIC OR ITS LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. END USER MUST BRING ANY ACTION UNDER THIS AGREEMENT
WITHIN 12 (TWELVE) MONTHS AFTER THE CAUSE OF ACTION ARISES.
6. Indemnification
To the maximum extent permitted by law, End User agrees to defend, indemnify and hold harm-
less Datalogic, its affiliates and their respective directors, officers, employees and agents from and
against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities,
damages, costs and expenses (including reasonable attorney's fees) arising out of or accruing from
or related to Licensee's failure to comply with the terms of this Agreement, including but not lim-
ited to (1) non compliance with any applicable laws or regulations with Datalogic product docu-
mentation, (2) unauthorized use or disclosure of Software, and (3) use of Software in combination
with software, hardware, systems, or other items not provided by Datalogic.
7. Support
End User may request 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.
8. Government Restricted Rights; International Use
8.1 Use, duplication, or disclosure of the Software by the U.S. Government is subject to the restric-

Datalogic DSM0400 Specifications

General

Brand	Datalogic
Model	DSM0400
Category	Barcode Reader
Language	English