7.1Datalogic will defend End User against any claim in a lawsuit that the Datalogic Product furnished hereunder infringe a United States patent or copyright of a third party and Dat- alogic will pay any damages finally awarded against End User by a court of competent jurisdiction that are attributable to such claim or will pay End User's part of any settle- ment 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 cooperates fully with Datalogic in such defense or settlement. All notices of a claim should be sent to Datalogic Scanning Holdings, Inc., Legal Depart- ment, 959 Terry Street, 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 Prod- uct so that it becomes
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 Dat- alogic 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.
7.4THE FOREGOING STATES DATALOGIC'S COMPLETE AND ENTIRE OBLIGATION CONCERNING CLAIMS OF PATENT, COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT, CANCELS AND SUPERSEDES ANY PRIOR AGREE- MENTS, WHETHER ORAL OR WRITTEN, BETWEEN THE PARTIES CONCERNING SUCH CLAIMS, AND WILL NOT BE MODIFIED OR AMENDED BY ANY PAST, CON- TEMPORANEOUS, 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 (INCLUD- ING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, WARRANTY, OR ANY OTHER BASIS, EXCEED THE PRICE OR FEE PAID BY END USER FOR THE DATALOGIC PROD- UCT. 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 DATA- LOGIC 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 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 Agree- ment. 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 Agreement at any time upon written notice if the other party breaches any provision of this Agree- ment.
10.2Upon termination of this Agreement, End User immediately shall cease using any non- embedded software and shall return to Datalogic or destroy all
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