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END USER SOFTWARE LICENSE AGREEMENT (EULA)
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, provided, that 1) End User notifies Balluff promptly in writing of the claim, 2) Balluff 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 Neuhausen/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-infringing, 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 Product and
receive a refund of the purchase price paid, less a reasonable allowance 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 Product 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 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 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 LIABILITY, 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 DAMAGES, 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 OBLIGATIONS 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 International 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 or authorized 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.
