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END USER SOFTWARE LICENSE AGREEMENT
iv Gryphon™ I GBT/GM4500
injunctive relief and repossession of all Datalogic Products).
1.6 Without prejudice of the foregoing, End User grants to Datalogic and
its independent accountants or consultants the right to examine
End User's books, records and accounts during End User's normal
business hours to verify compliance with this 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 terminate 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 Agreement 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 12 shall survive termination of this Agreement.
4. Limited Warranty
Datalogic warrants that, under normal use and operation, the
Software will conform substantially to the applicable Datalogic
Product documentation for the period specified in the same,
provided that the Software 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 downloadable 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
Product 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 DISCLAIMS THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS 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