Quick Reference Guide
v
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 termination of this Agree-
ment.
6. Limited Warranty
6.1 Datalogic warrants that, under normal use and operation, the Dat-
alogic Product will conform substantially to the applicable Docu-
mentation 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 rea-
sonable 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 remedy-
ing such nonconformities. For all defects reported to Datalogic
within the warranty period, Datalogic's liability is limited to provid-
ing End User with one copy of corrections or responding to End
User's problem reports according to Datalogic's standard assis-
tance 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 unautho-
rized 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 WAR-
RANTIES 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.
7. Infringement
7.1 Datalogic will defend End User against any claim in a lawsuit that
the Datalogic Product furnished hereunder directly 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 Datalogic 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 IP Tech S.r.l., Legal & IP Department, Via San Vitalino 13,
40012 Calderara di Reno (Bologna), Italy.
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 reasonable allowance for use.
7.3 Datalogic shall have no liability to End User for claims of infringe-
ment based upon 1) the use of any Datalogic Product in combina-
tion 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
specifications of End User, or 3) End User's modification of the Dat-
alogic Product without written authorization from Datalogic.
7.4 THE FOREGOING STATES DATALOGIC'S COMPLETE AND ENTIRE
