1
END USER SOFTWARE LICENSE AGREEMENT (EULA)
6
BVS HS-PB
Industrial Cordless Handheld Barcode Reader
7. Infringement.
7.1
Balluff will defend End User against any claim in a lawsuit that the Balluff
Product furnished hereunder infringe a United States patent or copyright of a
third party and Balluff 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 settlement that is attributable to such claim, pro-
vided, that 1) End User notifies Balluff promptly in writing of the claim, 2) Bal-
luff controls the defense or settlement of the claim, and 3) End User
cooperates fully with Balluff in such defense or settlement. All notices of a
claim should be sent to Balluff GbmH Schurwaldstraße 9, D-73765 Neuhau-
sen/Fildern, Germany. In the defense or settlement of any such claim, Balluff
may, at its option, 1) procure for End User the right to continue using the
Balluff Product, 2) modify the Balluff Product so that it becomes non-infring-
ing, 3) replace the Balluff Product with an equivalent product not subject to
such claim, or 4) provide End User an opportunity to return the Balluff Prod-
uct and receive a refund of the purchase price paid, less a reasonable allow-
ance for use.
7.2
Balluff shall have no liability to End User for claims of infringement based
upon 1) the use of any Balluff Product in combination with any product
which Balluff has not either furnished or authorized for use with such Prod-
uct 2) the use of any Balluff Product designed, manufactured, or modified to
the specifications of End User, or 3) End User's modification of the Balluff
Product without written authorization from Balluff.
7.3
THE FOREGOING STATES BALLUFF'S COMPLETE AND ENTIRE OBLIGA-
TION CONCERNING CLAIMS OF PATENT, COPYRIGHT, OR OTHER
INTELLECTUAL PROPERTY INFRINGEMENT, CANCELS AND SUPER-
CEDES 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.
IN NO EVENT SHALL BALLUFF'S LIABILITY FOR DAMAGES, IF ANY, WHETHER
BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIA-
BILITY, STRICT LIABILITY, WARRANTY, OR ANY OTHER BASIS, WILL INCLUDE
LOST PROFITS, LOST DATA, INTERRUPTION OF BUSINESS OR SERVICE, OR
FOR ANY OTHER SPECIAL, PUNITIVE, EXEMPLARY, OR OTHER SIMILAR DAM-
AGES, EVEN IF BALLUFF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. BALLUFF SHALL BE LIABLE FOR THOSE DAMAGES WHICH
OCCURRED DIRECTLY FROM ANY BREACH OF CONSTITUIONAL OBLIGA-
TIONS OF THIS AGREEMENT AND WHICH HAVE CAUSED ACTUAL FINANCIAL
LOSS AS OF THEIR OCCURRENCE.
9. Government Restricted Rights; International Use.
9.1
Use, 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.
9.2
End User must comply with the applicable local laws of the country in which
the Balluff Product is used, with U.S. export control laws, and with this
Agreement. The provisions of the "United Nations Convention on Interna-
tional Sale of Goods" shall not apply to this Agreement.
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 Balluff or destroy all non-
embedded software covered by this Agreement, and shall furnish Balluff with
a certificate of compliance with this provision signed by an officer orautho-
rized representative of End User. For embedded software, End User agrees
to sign a waiver prepared by Balluff 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.
