Technical data

Quick Reference Guide 3
7.4 THE 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, 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, 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 NEGLIGENCE), 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 POSSIBILITY OF SUCH DAMAGES.
9. Government Restricted Rights; International Use.
9.1 Use, duplication, or disclosure of the Software by the U.S. Government is subject to the restric-
tions for computer software developed at private expense as set forth in the U.S. Federal Acqui-
sition Regulations at FAR 52.227-14(g), or 52.227-19 or in the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013(c)(1)(ii), whichever is applicable.
9.2 If 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 Agree-
ment.
10. Termination.
10.1 Either 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.
10.2 Upon 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 consti-
tute End User's agreement to be bound by the terms and conditions of this Agreement for such
use.
11. General Provisions.
11.1 Entire Agreement; Amendment. This document contains the entire agreement between the par-
ties relating to the licensing of the Software and supersedes all prior or contemporaneous agree-
ments, 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
Datalogic.
11.2 Notice. All notices required or authorized under this Agreement shall be given in writing, and
shall be effective when received, with evidence of receipt. Notices to Datalogic shall be sent to
the attention of Contract Administration, Datalogic ADC, Inc., 959 Terry Street, Eugene, OR
97402, or such other address as may be specified by Datalogic in writing.
11.3 Waiver. A party's failure to enforce any of the terms and conditions of this Agreement shall not
prevent the party's later enforcement of such terms and conditions.
11.4 Governing Law; Venue: This Agreement and the rights of the parties hereunder shall be gov-
erned by and construed in accordance 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 Agreement, except that Datalogic 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.
11.5 Attorneys' Fees. In the event an action is brought to enforce the terms and conditions of this
Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, both at trial and
on appeal.
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