EULA
QUICK REFERENCE GUIDE
VII
5. Limitation of Liability
EXCEPT AS PROVIDED IN THIS AGREEMENT, NEITHER DATALOGIC NOR ITS
LICENSORS SHALL BE LIABLE FOR ANY CLAIMS AGAINST END USER BY ANY
OTHER PARTY. IN NO EVENT SHALL DATALOGIC'S LIABILITY FOR DAMAGES,
IF ANY, WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLI-
GENCE), 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 LICEN-
SORS BE LIABLE TO END USER OR ANY THIRD PARTY FOR LOST PROFITS,
LOST DATA, INTERRUPTION OF BUSINESS OR SERVICE, OR FOR ANY OTHER
SPECIAL, CONSEQUENTIAL, CONTINGENT, INDIRECT, INCIDENTAL, PUNI-
TIVE, EXEMPLARY, OR OTHER SIMILAR DAMAGES, EVEN IF DATALOGIC OR
ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAM-
AGES. 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 Datalogic, 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 attorney's fees) arising
out of or accruing from or related to Licensee's failure to comply with the
terms of this Agreement, including but not limited to (1) non compliance
with any applicable laws or regulations with Datalogic product documenta-
tion, (2) unauthorized use or disclosure of Software, and (3) use of Soft-
ware 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 support fees and under Datalogic's standard 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 Software by the U.S. Govern-
ment is subject to the restrictions for computer software developed
at private expense as set forth in the U.S. Federal Acquisition Regula-
tions 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),
whichever 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 Product is used and with U.S. export
control laws,. Without prejudice of the foregoing, the End User
agrees to not export or re-export the Software, any part thereof, or
any process 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 Soft-
ware: (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, wherever located, who intends to transmit or trans-
port the Software back to such country; (ii) to any person or entity
who you know or have reason to know will utilize the Software in
the design, development or production of nuclear, chemical or bio-
logical weapons; or (iii) to any person or entity who has been prohib-
ited from participating in U.S. export transactions by any federal
agency of the U.S. government. End User warrants and represents
that neither the U.S. Commerce Department, Bureau of Export
To Next Page
Loading...
