2 Gryphon™ I GBT4400 2Dinstead may elect to notify End User that End User is deemed to have orderedand accepted a license for each breaching use. End User shall pay Datalogicthe 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 other-wise transfer the Datalogic Product to any third party unless such third partyagrees with Datalogic in writing to be bound by the terms and conditions ofthis Agreement. Any such transfer of the Datalogic Product absent such agree-ment shall be null and void.3.3 End User may obtain support for Software from Datalogic at Datalogic's stan-dard support fees and under Datalogic's standard support terms and condi-tions in effect at the time the support is requested.4. Intellectual Property.End User acknowledges that the Software constitutes valuable trade secrets of Data-logic or Datalogic's third party licensors and that the Software is protected by intellec-tual property laws and treaties. The license set forth in this Agreement does not transferto 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 EndUser shall have no right to commence any legal actions to obtain such rights. End Usershall 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 theDatalogic Product.5. Proprietary Information.5.1 End User acknowledges that Proprietary Information is the confidential, pro-prietary, and trade secret property of Datalogic and Datalogic's third partylicensors and End User acquires no right or interest in any Proprietary Informa-tion.5.2 End User shall not disclose, provide, or otherwise make available the Proprie-tary Information of Datalogic or its third party licensors to any person otherthan End User's authorized employees or agents who are under confidentialityagreement, and End User shall not use the Proprietary Information other thanin conjunction with use of the Datalogic Product exclusively for End User'sinternal business purposes. End User shall take steps to protect the ProprietaryInformation no less securely than if it were End User's own intellectual prop-erty.5.3 The provisions of this Proprietary Information Section shall survive and con-tinue 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 Prod-uct will conform substantially to the applicable Documentation for the periodspecified in the Documentation. During this period, for all reproducible non-conformities for which Datalogic has been given written notice, Datalogic willuse commercially reasonable efforts to remedy nonconformities verified byDatalogic. End User agrees to supply Datalogic with all reasonably requestedinformation and assistance necessary to help Datalogic in remedying suchnonconformities. For all defects reported to Datalogic within the warrantyperiod, Datalogic's liability is limited to providing End User with one copy ofcorrections or responding to End User's problem reports according to Data-logic's standard assistance practices. Datalogic does not warrant that the prod-uct will meet End User's requirements or that use of the product will beuninterrupted or error free, or that Datalogic's remedial efforts will correct anynonconformance. This limited warranty does not cover any product that havebeen subjected to damage or abuse, whether intentionally, accidentally, or byneglect, or to unauthorized repair or unauthorized installation, and shall bevoid if End User modifies the product, uses the product in any manner otherthan as established in the Documentation, or if End User breaches any of theprovisions of this Agreement.6.2 EXCEPT AS PROVIDED IN THIS AGREEMENT, THE DATALOGIC PRODUCT IS PRO-VIDED "AS IS" AND DATALOGIC MAKES NO WARRANTIES OF ANY KIND,EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE PRODUCT,AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABIL-ITY AND FITNESS FOR A PARTICULAR PURPOSE.