Datalogic GBT4100 Quick Reference Manual

Also see for Gryphon I GBT4100: Specifications Quick reference guide Quick reference guide

iv Gryphon™ I GBT41003. Transfers, Support.3.1 Any copying, installing, reproduction, remanufacture, reverse engineering,electronic transfer, or other use of the Software on other than the desig-nated Datalogic Product will be a material breach of this Agreement. How-ever, Datalogic may elect not to terminate this Agreement or the grantedlicenses, but instead may elect to notify End User that End User is deemedto have ordered and accepted a license for each breaching use. End Usershall pay Datalogic the applicable list price for such licenses as of the dateof such breach.3.2 End User shall not sell, assign, sublicense, distribute, lend, rent, give, or oth-erwise transfer the Datalogic Product to any third party unless such thirdparty agrees with Datalogic in writing to be bound by the terms and condi-tions of this Agreement. Any such transfer of the Datalogic Product absentsuch agreement shall be null and void.3.3 End User may obtain support for Software from Datalogic at Datalogic'sstandard support fees and under Datalogic's standard support terms andconditions in effect at the time the support is requested.4. Intellectual Property.End User acknowledges that the Software comprises valuable trade secrets ofDatalogic or Datalogic's third party licensors and that the Software is protected byUnited States copyright law and trade secret law, and by all applicable internationalintellectual property laws and treaty provisions. The license set forth in this Agree-ment does not transfer to End User any ownership of Datalogic's or its third partylicensors' copyrights, patents, trademarks, service marks, trade secrets, or otherintellectual property rights and End User shall have no right to commence any legalactions to obtain such rights. End User shall not remove, modify, or take any otheraction that would obscure any copyright, trademark, patent marking, or other intel-lectual 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 thirdparty licensors and End User acquires no right or interest in any ProprietaryInformation.5.2 End User shall not disclose, provide, or otherwise make available the Propri-etary Information of Datalogic or its third party licensors to any personother than End User's authorized employees or agents who are under confi-dentiality agreement, and End User shall not use the Proprietary Informa-tion other than in conjunction with use of the Datalogic Product exclusivelyfor End User's internal business purposes. End User shall take steps to pro-tect the Proprietary Information no less securely than if it were End User'sown intellectual property.5.3 The provisions of this Proprietary Information Section shall survive andcontinue for five (5) years after the termination of this Agreement.6. Limited Warranty.6.1 Datalogic warrants that, under normal use and operation, the DatalogicProduct will conform substantially to the applicable Documentation for theperiod specified in the Documentation. During this period, for all reproduc-ible nonconformities for which Datalogic has been given written notice,Datalogic will use commercially reasonable efforts to remedy nonconformi-ties verified by Datalogic. End User agrees to supply Datalogic with all rea-sonably requested information and assistance necessary to help Datalogicin remedying such nonconformities. For all defects reported to Datalogicwithin the warranty period, Datalogic's liability is limited to providing EndUser with one copy of corrections or responding to End User's problemreports according to Datalogic's standard assistance practices. Datalogicdoes not warrant that the product will meet End User's requirements orthat use of the product will be uninterrupted or error free, or that Data-logic's remedial efforts will correct any nonconformance. This limited war-ranty does not cover any product that have been subjected to damage orabuse, whether intentionally, accidentally, or by neglect, or to unauthorizedrepair or unauthorized installation, and shall be void if End User modifiesthe product, uses the product in any manner other than as established inthe Documentation, or if End User breaches any of the provisions of thisAgreement.6.2 EXCEPT AS PROVIDED IN THIS AGREEMENT, THE DATALOGIC PRODUCT ISPROVIDED "AS IS" AND DATALOGIC MAKES NO WARRANTIES OF ANY KIND,EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE PROD-UCT, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MER-CHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.