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BVS HS-Q Series
Standard Hand Held Barcode Reader
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END USER SOFTWARE LICENSE AGREEMENT (EULA)
3.
Transfers, Support
3.1.
Any copying, installing, reproduction, remanufacture, reverse engineering, electronic transfer, or other use of the
Software on other than the designated Balluff Product will be a material breach of this Agreement. However, Balluff 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 Balluff the applicable list
price for such licenses as of the date of such breach.
3.2.
End User may obtain support for Software from Balluff at Balluff's standard support fees and under Balluff's standard
support terms and conditions in effect at the time the support is requested.
3.3.
End User shall make at its own cost and liability a back up copy of any data processed and/or run through the Software
4.
Intellectual Property
End User acknowledges that the Software constitutes valuable trade secrets of Balluff or Balluff'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 Balluff'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 Balluff Product.
5.
Proprietary Information
5.1.
End User acknowledges that Proprietary Information is the confidential, pro-prietary, and trade secret property of Balluff
and Balluff'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 Balluff 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 Balluff 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.
Balluff warrants that, under normal use and operation, the Balluff Product will conform substantially to the applicable
Documentation for the period specified in the Documentation. During this period, for all reproducible non- conformities
for which Balluff has been given written notice, Balluff will use commercially reasonable efforts to remedy
nonconformities verified by Balluff. End User agrees to supply Balluff with all reasonably requested information and
assistance necessary to help Balluff in remedying such nonconformities. For all defects reported to Balluff within the
warranty period, Balluff's liability is limited to providing End User with one copy of corrections or responding to End
User's problem reports according to Balluff's standard assistance practices. Balluff 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 Balluff'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 BALLUFF PRODUCT IS PROVIDED "AS IS" AND BALLUFF
MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE
PRODUCT, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANT- ABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
