ii Magellan™ 8300/8400
4. Intellectual Property.
End User acknowledges that the Software constitutes valuable trade secrets of Datalogic or Datalogic's third party licen-
sors 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 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 copy
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right, 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 Informa-
tion.
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 Data
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logic Product exclusively for End User's internal business purposes. End User shall take steps to protect the Propri-
etary 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 termina-
tion 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 has been subjected to damage or abuse, whether intentionally, acciden
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tally, 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 PROD-
UCT, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PAR-
TICULAR PURPOSE.
7. Infringement.
To the maximum extent permitted by law, End User agrees to defend, indemnify and hold harmless Datalogic, its affili-
ates 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 Soft
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ware that infringes any Intellectual Property Rights of any person or defames any person or violates their rights of pub-
licity or privacy, and (c) any non-compliance by the End User of this Agreement.
8. Limitation Of Liability.
EXCEPT AS PROVIDED IN THIS AGREEMENT, DATALOGIC SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST END USER BY
ANY OTHER PARTY. IN NO EVENT SHALL DATALOGIC'S LIABILITY FOR DAMAGES, IF ANY, WHETHER BASED UPON CON
-
TRACT, 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 CIRCUMSTANCES SHALL DAT-
ALOGIC 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 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Government Restricted Rights; International Use.
9.1 Use, duplication, or disclosure of the Software by the U.S. Government is subject to the restrictions for computer
software developed at private expense as set forth in the U.S. Federal Acquisition Regulations at FAR 52.227-14(g),
or 52.227-19 or in the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013(c)(1)(ii),
whichever is applicable.
9.2 If End User is using the Datalogic Product outside of the United States, End User must comply with the applicable
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