(EULA) FOR THE HERON™ HD3430
iv Heron™ HD3430
will be a material breach of this Agreement. However, Datalogic may elect not to
terminate this Agreement or the granted licenses, but instead may elect to notify End
User that End User is deemed to have ordered and accepted a license for each
breaching use. End User shall pay Datalogic the applicable list price for such licenses
as of the date of such breach.
3.2 End User shall not sell, assign, sublicense, distribute, lend, rent, give, or otherwise
transfer the Datalogic Product to any third party unless such third party agrees 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 may obtain 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.
4. Intellectual Property
End User acknowledges that the Software comprises valuable trade secrets of Datalogic or
Datalogic's third party licensors and that the Software is protected by United States copyright law
and trade secret law, and by all applicable international intellectual property laws and treaty
provisions. The license set forth in this Agreement does not transfer to End User any ownership 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 commence 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
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 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
conform substantially 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 necessary 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 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 product 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,
WRITTEN OR ORAL, WITH RESPECT TO THE PRODUCT, AND SPECIFICALLY DISCLAIMS
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
7. Infringement
To the maximum extent permitted by law, End User agrees to defend, indemnify and hold
harmless 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 (a) the End User’s use of Software, (b) any application the End User develops on the
Software that infringes any Intellectual Property Rights of any person or defames any person or
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