Datalogic Scanning NWGQ7 2Z78 manual Infringement

tion. During this period, for all reproducible nonconformities for which Datalogic has been given written notice, Datalogic will use commercially reasonable efforts to remedy nonconfor- mities verified by Datalogic. End User agrees to supply Datalogic with all reasonably requested information and assistance necessary to help Datalogic in remedying such non- conformities. For all defects reported to Datalogic within the warranty period, Datalogic’s lia- bility is limited to providing End User with one copy of corrections or responding to End User's problem reports according to Datalogic's standard assistance practices. Datalogic does not warrant that the product will meet End User's requirements or that use of the product will be uninterrupted or error free, or that Datalogic's remedial efforts will correct any nonconfor- mance. This limited warranty does not cover any product that has been subjected to damage or abuse, whether intentionally, accidentally, or by neglect, or to unauthorized repair or unau- thorized installation, and shall be void if End User modifies the product, uses the product in any manner other than as established in the Documentation, or if End User breaches any of the provisions of this Agreement.

6.2EXCEPT AS PROVIDED IN THIS AGREEMENT, THE DATALOGIC PRODUCT IS PRO- VIDED “AS IS” AND DATALOGIC MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE PRODUCT, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

7. Infringement.

7.1Datalogic will defend End User against any claim in a lawsuit that the Datalogic Product furnished hereunder infringes a United States patent or copyright of a third party and Data- logic will pay any damages finally awarded against End User by a court of competent jurisdic- tion that are attributable to such claim or will pay End User’s part of any settlement that is attributable to such claim, provided, that 1) End User notifies Datalogic promptly in writing of the claim, 2) Datalogic controls the defense or settlement of the claim, and 3) End User coop- erates fully with Datalogic in such defense or settlement. All notices of a claim should be sent to Datalogic Mobile, Inc., 1505 Westec Drive, Eugene, OR 97402.

7.2In the defense or settlement of any such claim, Datalogic may, at its option, 1) procure for End User the right to continue using the Datalogic Product, 2) modify the Datalogic Product so that it becomes non-infringing, 3) replace the Datalogic Product with an equivalent product not subject to such claim, or 4) provide End User an opportunity to return the Datalogic Prod- uct and receive a refund of the purchase price paid, less a reasonable allowance for use.

7.3Datalogic 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 Prod- uct 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.

7.4THE FOREGOING STATES DATALOGIC’S COMPLETE AND ENTIRE OBLIGATION CONCERNING CLAIMS OF PATENT, COPYRIGHT, OR OTHER INTELLECTUAL PROP- ERTY 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, CONTEMPORANE- OUS, 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 DATA-

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