END USER SOFTWARE LICENSE AGREEMENT
Quick Reference Guide v
8. Limitation Of Liability
DATALOGIC SHALL NOT 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 NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, WARRANTY,
OR ANY OTHER BASIS, EXCEED THE PRICE OR FEE PAID BY END USER FOR THE DATA- LOGIC
PRODUCT. UNDER NO CIRCUMSTANCES SHALL DATALOGIC 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, PUNITIVE, EXEM-
PLARY, OR OTHER SIMILAR DAMAGES, EVEN IF DATA- LOGIC HAS BEEN ADVISED OF THE POSSI-
BILITY OF SUCH DAMAGES.
9. Government Restricted Rights; International Use
9.1 Use, duplication, or disclosure of the Software by the U.S. Government is sub- ject 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), whichever is applicable.
9.2 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, with U.S. export control laws, and with the English language version
of this Agreement. The provisions of the "United Nations Convention on International
Sale of Goods" shall not apply to this Agreement.
10. Termination
10.1Either party may terminate this Agreement or any license granted under this Agree-
ment at any time upon written notice if the other party breaches any provision of
this Agreement.
10.2Upon termination of this Agreement, End User immediately shall cease using any
non-embedded software and shall return to Datalogic or destroy all non- embedded
software covered by this Agreement, and shall furnish Datalogic with a certificate of
compliance with this provision signed by an officer or authorized representative of
End User. For embedded software, End User agrees to sign a waiver prepared by Dat-
alogic concerning further use of the embedded Software. End User's resumed or con-
tinued use of the embedded Software after termination shall constitute End User's
agreement to be bound by the terms and conditions of this Agreement for such use.
11. General Provisions
11.1 Entire Agreement; Amendment. This document contains the entire agreement
between the parties relating to the licensing of the Software and supersedes all prior
or contemporaneous agreements, written or oral, between the parties concerning
the licensing of the Software. This Agreement may not be changed, amended, or
modified except by written document signed by Datalogic.
11.2 Notice. All notices required or authorized under this Agreement shall be given in
writing, and shall be effective when received, with evidence of receipt. Notices to Dat-
alogic shall be sent to the attention of Datalogic IP Tech S.r.l., Legal & IP Department,
Via San Vitalino 13, 40012 Calderara di Reno (Bologna), Italy or such other address as
may be specified by Datalogic in writing.
11.3 Waiver. A party's failure to enforce any of the terms and conditions of this Agree-
ment shall not prevent the party's later enforcement of such terms and conditions.
11.4 Governing Law; Venue: Both parties agree to the application of the laws of the coun-
try in which End User obtained the license to govern, interpret, and enforce all of End
User’s and Datalogic’s respective rights, duties, and obligations arising from, or relat-
ing in any manner to, the subject matter of this Agreement, without regard to conflict
of law principles. The United Nations Convention on Contracts for the International
Sale of Goods does not apply.
All rights, duties, and obligations are subject to the courts of the country in which
End User obtained the license. For licenses granted by Licensee who operates in the
countries specified below, the following terms applies.
For Americas.
This Agreement is governed by the laws of the State of Oregon. This Agreement and
the rights of the parties hereunder shall be governed by and construed in accordance
with the laws of the State of Oregon U.S.A, without regard to the rules governing
conflicts of law. The state or federal courts of the State of Oregon located in either
Multnomah or Lane counties shall have exclusive jurisdiction over all matters
regarding this Agreement, except that Datalogic shall have the right, at its absolute
discretion, to initiate proceedings in the courts of any other state, country, or territory
in which End User resides, or in which any of End User's assets are located. In the
To Next Page
Loading...
Need help?
General
