Quick Reference Guide
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fies the product, uses the product in any manner other than as established in the Documenta-
tion, or if End User breaches any of the provisions of this Agreement.
6.2
EXCEPT AS PROVIDED IN THIS AGREEMENT, THE DATALOGIC PRODUCT IS PROVIDED "AS IS" AND
DATALOGIC MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL,
WITH RESPECT TO THE PRODUCT, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7. Infringement.
7.1
Datalogic will defend End User against any claim in a lawsuit that the Datalogic Product fur-
nished hereunder infringe a United States patent or copyright of a third party and Datalogic 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 Datalogic promptly in writing of the claim, 2) Datalogic
controls the defense or settlement of the claim, and 3) End User cooperates fully with Datalogic
in such defense or settlement. All notices of a claim should be sent to Datalogic ADC, Inc., Legal
Department, 959 Terry Street, Eugene, OR 97402.
7.2
In the defense or settlement of any such claim, Datalogic may, at its option, 1) procure for End
User the right to continue using the Datalogic Product, 2) modify the Datalogic Product so that it
becomes non-infringing, 3) replace the Datalogic Product with an equivalent product not sub-
ject to such claim, or 4) provide End User an opportunity to return the Datalogic Product and
receive a refund of the purchase price paid, less a reasonable allowance for use.
7.3
Datalogic shall have no liability to End User for claims of infringement based upon 1) the use of
any Datalogic Product in combination with any product which Datalogic has not either furnished
or authorized for use with such Datalogic Product 2) the use of any Datalogic Product designed,
manufactured, or modified to the specifications of End User, or 3) End User's modification of the
Datalogic Product without written authorization from Datalogic.
7.4
THE FOREGOING STATES DATALOGIC'S COMPLETE AND ENTIRE OBLIGATION CONCERNING
CLAIMS OF PATENT, COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT, CANCELS
AND SUPERCEDES ANY PRIOR AGREEMENTS, WHETHER ORAL OR WRITTEN, BETWEEN THE PAR-
TIES 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.
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 LIA-
BILITY, WARRANTY, OR ANY OTHER BASIS, EXCEED THE PRICE OR FEE PAID BY END USER FOR THE DATA-
LOGIC 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 DAM-
AGES.
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 Acquisi-
tion 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.
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