Statement of Agency Compliance
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, Inc., Legal Department, 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 Product 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 Data- logic 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.
7.4THE FOREGOING STATES DATALOGIC'S COMPLETE AND ENTIRE OBLIGATION CONCERNING CLAIMS OF PATENT, COPYRIGHT, 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, CON- TEMPORANEOUS, OR FUTURE AGREEMENTS OR DEALINGS BETWEEN THE PAR- TIES, 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 NEGLI- GENCE), 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 POSSIBIL- ITY OF SUCH DAMAGES.
9. Government Restricted Rights; International Use.
9.1Use, duplication, or disclosure of the Software by the U.S. Government is sub- ject 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 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 Agreement 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 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.
11.1Entire 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 Data- logic.
11.2Notice. All notices required or authorized under this Agreement shall be given in
Quick Reference Guide | 5 |
