Handleiding Datalogic PowerScan PBT7100 (pagina 7 van 24) (Engels)

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Quick Reference Guide 5

Datalogic has obtained a licensed right. As used in this Agreement, the term “purchase” or its equivalents

when applied to the Software shall mean “acquire under license.” End User is not entitled to receipt or use of

the source code to any Software.

2.2 End User shall not copy, modify, decompile, disassemble, reverse engineer, or otherwise reproduce or reman-

ufacture the Software, whether modified or unmodified, nor sell, assign, sublicense, distribute, lend, rent, give,

or otherwise transfer the Software to any other person or organization, for purposes other than as expressly

provided in this Agreement, without Datalogic’s prior written consent.

Transfers, Support.

3.1 Any copying, installing, reproduction, remanufacture, reverse engineering, electronic transfer, or other use of

the Software on other than the designated Datalogic Product 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 Dat-

alogic’s standard support terms and conditions in effect at the time the support is requested.

Intellectual Property.

End User acknowledges that the Software constitutes valuable trade secrets of Datalogic or Datalogic’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 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.

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 prop-

erty.

5.3 The provisions of this Proprietary Information Section shall survive and continue for five (5) years after the ter-

mination of this Agreement.

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 repro-

ducible 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 noncon-

formities. For all defects reported to Datalogic within the warranty period, Datalogic’s liability is limited to pro-

viding 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 unautho-

rized 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.

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 Datalogic 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 settlement that is attributable to such claim, provided, that 1) End User notifies Data-

logic 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 ADC, Inc., Legal Department, 959 Terry St, 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 Product 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 Datalogic Product and receive a refund of the purchase price paid, less a reason-

able allowance 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 Datalogic Product designed, manufactured, or modified to the spec-

ifications of End User, or 3) End User’s modification of the Datalogic Product without written authorization

from Datalogic.

7.4 THE FOREGOING STATES DATALOGIC’S COMPLETE AND ENTIRE OBLIGATION CONCERNING

Datalogic PowerScan PBT7100 Handleiding

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