are attributable to such claim or will pay End User’s part of any settlement that is attribut- able to such claim, provided, that 1) End User notifies PSC promptly in writing of the claim, 2) PSC controls the defense or settlement of the claim, and 3) End User cooper- ates fully with PSC in such defense or settlement. All notices of a claim should be sent to PSC Inc., Legal Department, 111 SW Fifth Ave. Suite 4100, Portland, OR
7.2In the defense or settlement of any such claim, PSC may, at its option, 1) procure for End User the right to continue using the PSC Product, 2) modify the PSC Product so that it becomes
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 modifica- tion of the PSC Product without written authorization from PSC.
7.4THE FOREGOING STATES PSC’S COMPLETE AND ENTIRE OBLIGATION CON- CERNING 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, CONTEMPO- RANEOUS, 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, PSC SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST END USER BY ANY OTHER PARTY. IN NO EVENT SHALL PSC'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 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, EXEMPLARY, 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 com- ply 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 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 Agree- ment.
10.2Upon termination of this Agreement, End User immediately shall cease using any non- embedded software and shall return to PSC or destroy all
11.General Provisions.
11.1Entire Agreement; Amendment. This document contains the entire agreement between
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