END USER LICENSE AGREEMENT
PRODUCT REFERENCE GUIDE
xiii
CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY,
WARRANTY, OR ANY OTHER BASIS, EXCEED THE PRICE OR FEE PAID BY END USER FOR
THE DATALOGIC PRODUCT. UNDER NO CIRCUMSTANCES SHALL DATALOGIC OR ITS
LICENSORS BE LIABLE TO END USER OR ANY THIRD PARTY FOR LOST PROFITS, LOST
DATA, INTERRUPTION OF BUSINESS OR SERVICE, OR FOR ANY OTHER SPECIAL, CONSE
-
QUENTIAL, CONTINGENT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR OTHER
SIMILAR DAMAGE
S, EVEN IF DATALOGIC OR ITS LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. END USER MUST BRING ANY ACTION UNDER THIS
AGREEMENT WITHIN 12 (TWELVE) MONTHS AFTER THE CAUSE OF ACTION ARISES.
6. Indemnification
To the maximum extent permitted by law, End User agrees to defend, indemnify and
hold harmless Dat
alogic, its affiliates and their respective directors, officers, employees
and agents from and against any and all claims, actions, suits or proceedings, as well as
any and all losses, liabilities, damages, costs and expenses (including reasonable attor-
ney’s fees) arising out of or accruing from or related to Licensee’s failure to comply with
the term
s of this Agreement, including but not limited to (1) non compliance with any
applicable laws or regulations with Datalogic product documentation, (2) unauthorized
use or disclosure of Software, and (3) use of Software in combination with software,
hardware, systems, or other items not provided by Datalogic.
7. Support
End User may request support for Software from Datalogic at Datalogic's standard sup-
port fees and under Datalogic's standar
d support terms and conditions in effect at the
time the support is requested.
8. Government Restricted Rights; International Use
8.1 Use, duplication, or disclosure of the Sof
twa
re by the U.S. Government is subject to
the restrictions for computer software developed at private expense as set forth in the
U.S. Federal Acquisition Regulations at FAR 52.227-14(g), or 52.227-19 or in the Rights in
Technical Data and Computer Software clause at DFARS 252.227-7013(c)(1)(ii), which-
ever is applicable.
8.2 If End User is using the Datalogic Product outside of the United
States, End User
must comply with the applicable local laws of the country in which the Datalogic Prod-
uct is used and with U.S. export control laws,. Without prejudice of the foregoing, the
End User ag
rees to not export or re-export the Software, any part thereof, or any pro-
cess or service that is the direct product of the Software to any country, person or entity
subject to U
.S. export restrictions. End User specifically agrees not to export or re-
export any of the Software: (i) to any country to which the U.S. has embargoed or
restricted the export of goods or services or to any national of any such country, wher-
ever located, who intends to transmit or transport the Software back to such country;
(ii) to an
y person or entity who you know or have reason to know will utilize the Soft-
ware AV500/AV900 in the design, development or production of nuclear, chemical or
biological w
eapons; or (iii) to any person or entity who has been prohibited from partic-
ipating in U.S. export transactions by any federal agency of the U.S. government. End
User warr
ants and represents that neither the U.S. Commerce Department, Bureau of
Export Administration nor any other U.S. federal agency has suspended, revoked or
denied its export privileges.
9. Third Party Software
The Datalogic Product may contain one or more items of third party software which use
is go
verned by separate third party license, unless otherwise stated.
10. Open Source Software
Portions of the Software include or operate with Open
Source software (“Open Source
Software”).
Open Source Software is software covered by a publicly available license governed
solely under Copy
right law, whereas the complete terms and obligations of such license
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