END USER LICENSE AGREEMENT
Quick Reference Guide v
equivalent product not subject to such claim, or 4) provide End User an opportunity to
return the Datalogic Product and receive a refund of the purchase price paid, less a
reasonable allowance for use.
7.3 Datalogic shall have no liability to End User for claims of infringement based upon 1)
the use of any Datalogic Product in combination with any product which Datalogic
has not either furnished or authorized for use with such Datalogic Product 2) the use
of any Datalogic Product designed, manufactured, or modified to the specifications of
End User, or 3) End User's modification of the Datalogic Product without written
authorization from Datalogic.
7.4 THE FOREGOING STATES DATALOGIC'S COMPLETE AND ENTIRE OBLIGATION CON-
CERNING CLAIMS OF PATENT, COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY
INFRINGEMENT, CANCELS AND SUPERCEDES ANY PRIOR AGREEMENTS, WHETHER
ORAL OR WRITTEN, BETWEEN THE PARTIES CONCERNING SUCH CLAIMS, AND WILL
NOT BE MODIFIED OR AMENDED BY ANY PAST, CONTEMPORANEOUS, OR FUTURE
AGREEMENTS OR DEALINGS BETWEEN THE PARTIES, WHETHER ORAL OR WRITTEN,
EXCEPT AS SET FORTH IN A FUTURE WRITING SIGNED BY BOTH PARTIES.
8. Limitation Of Liability
EXCEPT AS PROVIDED IN SECTION 7, 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), PROD-
UCT 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 DATA-
LOGIC BE LIABLE TO END USER OR ANY THIRD PARTY FOR LOST PROFITS, LOST DATA, INTER-
RUPTION OF BUSINESS OR SERVICE, OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL,
CONTINGENT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR OTHER SIMILAR DAMAGES,
EVEN IF DATALOGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Government Restricted Rights; International Use
9.1 Use, duplication, or disclosure of the Software 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), 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
nonembedded 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 Contract Administration, Datalogic ADC, Inc.,
959 Terry Street, Eugene, OR 97402, 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: 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
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