2
Gryphon™ I GD4132
Agreement. In the event such audit discloses non-compliance
with this Agreement, Datalogic shall be entitled to immediately
terminate the Agreement, request End User to promptly pay all
(additional) license fees due and any further damages, if any.
2. License Fee
License fees shall be due by End User to Datalogic according to the
terms provided for in the relevant contract for the purchase of the
Datalogic Product.
3. Termination
Without prejudice to any other rights or remedies Datalogic may have,
Datalogic may terminate this Agreement if End User fails to comply
with the terms and conditions of this Agreement. Datalogic may termi-
nate this Agreement by offering you a superseding Agreement for the
Software or any replacement or modified version of or upgrade to the
Software and conditioning your continued use of the Software or such
replacement, modified or upgraded version on your acceptance of such
superseding Agreement. In addition, either party may terminate this
Agreement at any time. Subject to the foregoing, termination shall be
effective upon notice to the other party. In the event that this Agree-
ment terminates for any reason, End User's license to use the Software
will immediately terminate, and End User must immediately stop
using the Software, destroy all copies of the Software and all of its
component parts, and, upon request, provide an affidavit certifying
your compliance with the foregoing. The provisions of Sub-sections
1.2, 1.3, 1.4, 1.5, 4, 5, 6, 8, and 11 shall survive termination of this Agree-
ment.
4. Limited Warranty
Datalogic warrants that, under normal use and operation, the Software
will conform substantially to the applicable Datalogic Product docu-
mentation for the period specified in the same, provided that the Soft-
ware is used with the Datalogic Product. Datalogic's entire liability and
End User's sole and exclusive remedy for any breach of the foregoing
limited warranty will be, at Datalogic's option, the provision of a down-
loadable patch or replacement software.
Datalogic does not warrant (i) that Software will meet End User's
requirements; (ii) that Software will be uninterrupted or defect error
free; (iii) any non conformity derived from unauthorized use, and/or
improper installation or repair not in compliance with Datalogic Prod-
uct documentation. End User agrees that the existence of such non
conformities or errors and Datalogic's inability to remedy such errors
shall not constitute a breach of this Agreement.
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 DATALOGIC PRODUCT OR SOFTWARE, AND SPECIFICALLY DIS-
CLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FIT-
NESS FOR A PARTICULAR PURPOSE.
5. Limitation of Liability
EXCEPT AS PROVIDED IN THIS AGREEMENT, NEITHER DATALOGIC NOR
ITS LICENSORS SHALL 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 CONTRACT, 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 CIRCUM-
STANCES SHALL DATALOGIC OR ITS LICENSORS BE LIABLE TO END
USER OR ANY THIRD PARTY FOR LOST PROFITS, LOST DATA, INTER-
RUPTION OF BUSINESS OR SERVICE, OR FOR ANY OTHER SPECIAL,
CONSEQUENTIAL, CONTINGENT, INDIRECT, INCIDENTAL, PUNITIVE,
Summary of Contents for Gryphon I GD4132
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Page 10: ...Software Product Policy 6 Gryphon I GD4132 NOTES ...
Page 38: ...Cleaning Procedure 34 Gryphon I GD4132 NOTES ...
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