Datalogic Mobile Falcon® Management Utility™ End User License Agreement

vi Falcon® Management Utility (FMU)

2.3 End User represents that the Licensed Products acquired under this Agreement will be acquired for End User’s sole use, and
not for resale or transfer. End User shall not copy, modify, decompile, disassemble, reverse engineer, or otherwise reproduce or
remanufacture the Licensed Products, whether modified or unmodified, nor sell, assign, sublicense, distribute, lend, rent, give, or
otherwise transfer them to any other person or organization, for purposes other than as expressly provided in this Agreement,
without Datalogic’s prior written consent.
3. Payment and Taxes.
3.1 Unless otherwise agreed in writing, prices will be as set forth in Datalogic's price list in effect for the Licensed Products and
the Territory. Prices and license fees do not include freight, insurance, sales tax, customs duties or other similar charges. Any
such charges or taxes will be added to the price or separately invoiced to End User unless End User provides Datalogic with a
certificate of exemption from the applicable taxing authority.
3.2 Any copying, installing, reproduction, reverse-engineering, electronic transfer, or other use of the Licensed Products on other
than the number of Datalogic terminals for which End User has purchased a license, or on any non-Datalogic equipment, will be
a material breach of this Agreement. However, Datalogic may elect not to terminate this Agreement or the granted license, but
instead may elect to notify End User that End User is deemed to have ordered and accepted a license for each breaching use.
End User shall pay Datalogic the applicable list price fees as of the date of such breach as determined by Datalogic.
4. Intellectual Property.
Falcon is a registered trademark of Datalogic Mobile, Inc. and its wholly owned subsidiaries, and Falcon Management Utility and
FMU are trademarks of Datalogic Mobile, Inc. The license set forth in this Agreement does not transfer to End User any owner-
ship of Datalogic’s or its third party licensors' copyrights, patents, trademarks, service marks, trade secrets, or other intellectual
property rights and End User shall have no right to commence any legal actions to obtain such rights. End User shall not remove,
modify, or take any other action that would obscure any copyright, trademark, or other intellectual property notices contained in
the Licensed Products.
5. Proprietary Information.
5.1 End User acknowledges that Proprietary Information is the confidential, proprietary, and trade secret property of Datalogic
and Datalogic’s third party licensors and End User acquires no right or interest in any Proprietary Information.
5.2 End User shall not disclose, provide, or otherwise make available the Proprietary Information of Datalogic or its third party
licensors to any person other than End User’s authorized officers, directors, employees, agents, or contractors, all of whom must
be under confidentiality agreement, or use the Proprietary Information for other than the Authorized Use, without Datalogic’s
prior written consent. End User shall take at least reasonable steps to protect the Proprietary Information and shall protect it 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
Agreement.
6. Limited Warranty.
Datalogic warrants that, under normal use and operation, the Software will conform substantially to the applicable Documenta-
tion for a period of ninety (90) days from delivery to End User. During this period, for all reproducible nonconformities for which
Datalogic has been given written notice, Datalogic will use commercially reasonable efforts to remedy the nonconformities. End
User agrees to supply Datalogic with all reasonably requested information and assistance necessary to help Datalogic in reme-
dying such nonconformities. For all defects reported to Datalogic within the warranty period, Datalogic’s liability is limited to pro-
viding End User with one copy of corrections or refunding End User's purchase price, at Datalogic's discretion, and responding to
End User's software problem reports according to Datalogic's standard assistance practices. Datalogic does not warrant that the
Licensed Products will meet End User's requirements or that use of the products will be uninterrupted or error free, or that Data-
logic's remedial efforts will correct any nonconformance. This limited warranty does not cover any software that has been sub-
jected to damage or abuse, whether intentionally, accidentally, or by neglect, or to unauthorized repair or unauthorized
installation, and shall be void if End User modifies the Software, uses the Software in a manner other than as established in the
Documentation, or if End User breaches any of the provisions of this Agreement.
THE LICENSED PRODUCTS ARE PROVIDED “AS IS” AND, EXCEPT AS PROVIDED IN THIS SECTION, DATALOGIC MAKES
NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE LICENSED
PRODUCTS, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.