Quick Reference Guide 3
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), 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 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, 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 Reg-
ulations at FAR 52.227-14(g), or 52.227-19 or in the Rights in Technical Data and Computer Soft-
ware 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.
10.1 Either party may terminate this Agreement or any license granted under this Agreement at any time
upon written notice if the other party breaches any provision of this Agreement.
10.2 Upon 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 Agree-
ment, 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 Datalogic concerning further use of the embedded Software. End User's resumed
or continued 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 Datalogic shall be sent to the atten-
tion of Contract Administration, Datalogic Scanning, 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 Agreement shall not pre-
vent 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 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 Mult-
nomah 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.
11.5 Attorneys' Fees. In the event an action is brought to enforce the terms and conditions of this Agree-
ment, the prevailing party shall be entitled to reasonable attorneys' fees, both at trial and on appeal.
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