7.3PSC shall have no liability to End User for claims of infringement based upon 1) the use of any PSC Product in combination with any product which PSC has not either furnished or authorized for use with such PSC Product 2) the use of any PSC Product designed, manufactured, or modified to the specifications of End User, or 3) End User's modification of the PSC Product without written authorization from PSC.
7.4THE FOREGOING STATES PSC'S COMPLETE AND ENTIRE OBLIGATION CONCERNING CLAIMS OF PATENT, COPY- RIGHT, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT, CANCELS AND SUPERCEDES ANY PRIOR AGREE- MENTS, 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 PAR- TIES.
8. Limitation Of Liability.
EXCEPT AS PROVIDED IN SECTION 7 (above), PSC SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST END USER BYANY OTHER PARTY. IN NO EVENT SHALL PSC'S LIABILITY FOR DAMAGES, IF ANY, WHETHER BASED UPON CON- TRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, WARRANTY, OR ANY OTHER BASIS, EXCEED THE PRICE OR FEE PAID BY END USER FOR THE PSC PRODUCT. UNDER NO CIRCUMSTANCES SHALL PSC 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 PSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Government Restricted Rights; International Use.
9.1Use, 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
9.2If End User is using the PSC Product outside of the United States, End User must comply with the applicable local laws of the country in which the PSC Product is used, with U.S. export control laws, and with the English language version of this EULA. The provisions of the \"United Nations Convention on International Sale of Goods\" shall not apply to this EULA.
10. Termination.
10.1Either party may terminate this EULA or any license granted under this EULA at any time upon written notice if the other party breaches any provision of this EULA.
10.2Upon termination of this EULA, End User immediately shall cease using any
11. General Provisions.
11.1Entire EULA; 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 EULA may not be changed, amended, or modified except by written document signed by PSC.
11.2Notice. All notices required or authorized under this EULA shall be given in writing, and shall be effective when received, with evidence of receipt. Notices to PSC shall be sent to the Legal Department, attention Contracts Administration, PSC Inc., 959 Terry Street, Eugene, OR 97402, or such other address as may be specified by PSC in writing.
11.3Waiver. A party's failure to enforce any of the terms and conditions of this EULA shall not prevent the party's later enforce- ment of such terms and conditions.
11.4Governing Law; Venue: This EULA and the rights of the parties hereunder shall be governed by and construed in accor- dance 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 EULA, except that PSC 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.
11.5Attorneys' Fees. In the event an action is brought to enforce the terms and conditions of this EULA, the prevailing party shall be entitled to reasonable attorneys' fees, both at trial and on appeal.
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