Datalogic Scanning Industrial PDA Appendix a Microsoft Windows CE End User License Agreement

Appendix A: Microsoft®

Windows® CE

End User License Agreement

Datalogic is contractually obligated by Microsoft® to include the following information as part of our software end user license agreement:

You have acquired a device (“DEVICE”) that includes software licensed by Datalogic from Microsoft Licensing Inc. or its affiliates (“MS”). Those installed software products of MS origin, as well as associated media, printed materials, and “'online” or electronic documentation (“SOFTWARE”) are protected by international intellectual property, laws and treaties. The SOFTWARE is licensed, not sold. All rights reserved.

IF YOU DO NOT AGREE TO THIS END USER LICENSE AGREEMENT (“EULA”), DO NOT USE THE DEVICE OR COPY THE SOFTWARE, INSTEAD, PROMPTLY CONTACT DATA- LOGIC FOR INSTRUCTIONS ON RETURN OF THE UNUSED DEVICE(S) FOR A REFUND. ANY USE OF THE SOFTWARE, INCLUDIING BUT NOT LIMITED TO USE ON THE DEVICE, WILL CONSTITUTE YOUR AGREEMENT TO THIS EULA (OR RATIFICATION OF ANY PREVIOUS CONSENT).

GRANT OF SOFTWARE LICENSE, This EULA grants you the following license:

•You may use the SOFTWARE only on the DEVICE.

•NOT FAULT TOLERANT. THE SOFTWARE IS NOT FAULT TOLERANT. DATALOGIC HAS INDEPENDENTLY DETERMINED HOW TO USE THE SOFTWARE IN THE DEVICE, AND MS HAS RELIED UPON DATALOGIC TO CONDUCT SUFFICIENT TESTING TO DETERMINE THAT THE SOFTWARE IS SUITABLE FOR SUCH USE.

•NO WARRANTIES FOR THE SOFTWARE. THE SOFTWARE is provided “AS IS” and with all faults. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT (INCLUDING LACK OF NEGLIGENCE) IS WITH YOU.

ALSO, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOY- MENT OF THE SOFTWARE OR AGAINST INFRINGEMENT, IF YOU HAVE RECEIVED ANY WARRANTIES REGARDING THE DEVICE OR THE SOFTWARE, THOSE WARRANTIES DO NOT ORIGINATE FROM, AND ARE NOT BINDING ON, MS.

•Note on Java Support. The SOFTWARE may contain support for programs written in Java. Java technology is not fault tolerant and is not designed, manufactured, or intended for use or resale as online control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft nav- igation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of Java technology could lead directly to death, personal injury, or severe physical or environmental damage. Sun Microsystems, Inc. has contractually obligated MS to make this disclaimer.

•No Liability for Certain Damages. EXCEPT AS PROHIBITED BY LAW, MS SHALL HAVE NO LIABILITY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCI- DENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR PER- FORMANCE OF THE SOFTWARE. THIS LIMITATION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL MS BE LIA- BLE FOR ANY AMOUNT IN EXCESS OF U.S. TWO HUNDRED FIFTY DOLLARS (U.S. $250.00).

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