Quick Reference Guide

END USER SOFTWARE LICENSE AGREEMENT
Quick Reference Guide v
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 OR ITS LICENSORS 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 OR ITS LICENSORS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. END USER MUST
BRING ANY ACTION UNDER THIS AGREEMENT WITHIN 12 (TWELVE)
MONTHS AFTER THE CAUSE OF ACTION ARISES.
6. Indemnification
To the maximum extent permitted by law, End User agrees to defend,
indemnify and hold harmless Datalogic, its affiliates and their respective
directors, officers, employees and agents from and against any and all
claims, actions, suits or proceedings, as well as any and all losses,
liabilities, damages, costs and expenses (including reasonable attorney's
fees) arising out of or accruing from or related to Licensee's failure to
comply with the terms of this Agreement, including but not limited to (1)
non compliance with any applicable laws or regulations with Datalogic
product documentation, (2) unauthorized use or disclosure of Software,
and (3) use of Software in combination with software, hardware,
systems, or other items not provided by Datalogic.
7. Support
End User may request support for Software from Datalogic at Datalogic's
standard support fees and under Datalogic's standard support terms
and conditions in effect at the time the support is requested.
8. Government Restricted Rights; International Use
8.1Use, 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 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.
8.2 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 and with U.S. export
control laws,. Without prejudice of the foregoing, the End User
agrees to not export or re-export the Software, any part thereof, or
any process or service that is the direct product of the Software to
any country, person or entity subject to U.S. export restrictions. End
User specifically agrees not to export or re-export any of the
Software: (i) to any country to which the U.S. has embargoed or
restricted the export of goods or services or to any national of any
such country, wherever located, who intends to transmit or
transport the Software back to such country; (ii) to any person or
entity who you know or have reason to know will utilize the Software
in the design, development or production of nuclear, chemical or
biological weapons; or (iii) to any person or entity who has been
prohibited from participating in U.S. export transactions by any
federal agency of the U.S. government. End User warrants and
represents that neither the U.S. Commerce Department, Bureau of
Export Administration nor any other U.S. federal agency has
suspended, revoked or denied its export privileges.