Datalogic GRYPHON Service Manual download pdf (Page 4)

2 Gryphon

™

2.2 End User shall not copy, modify, decompile, disassemble, reverse engi-

neer, or otherwise reproduce or remanufacture 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.

3. Transfers, Support.

3.1 Any copying, installing, reproduction, remanufacture, reverse engineer-

ing, electronic transfer, or other use of the Software on other than the

designated Datalogic Product will be a material breach of this Agree-

ment. 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 Data-

logic 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 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 Agree-

ment 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 com-

mence any legal actions to obtain such rights. End User shall not remove, mod-

ify, 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 Propri-

etary 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 Propri-

etary 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 writ-

ten notice, Datalogic will use commercially reasonable efforts to rem-

edy 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 lia-

bility is limited to providing End User with one copy of corrections or

responding to End User's problem reports according to Datalogic's

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