iv
LaneHawk
TM
5000 Camera Unit
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 DATALOGIC PRODUCT OR
SOFTWARE, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MER-
CHANTABILITY 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 furnished hereunder infringes 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 Srl,
Legal Department, Via?S.?Vitalino?13?–?40012 Calderara di Reno –?Italy.
7.2
In the defense or settlement of any such claim, Datalogic may, at its option, 1) pro-
cure 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 Prod-
uct with an equivalent product not subject 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 (AND ITS LICENSORS) COMPLETE AND ENTIRE
OBLIGATION CONCERNING CLAIMS OF PATENT, COPYRIGHT, OR OTHER INTELLEC-
TUAL PROPERTY INFRINGEMENT, CANCELS AND SUPERSEDES ANY PRIOR AGREE-
MENTS, WHETHER ORAL OR WRITTEN, BETWEEN THE PARTIES CONCERNING SUCH
CLAIMS, AND WILL NOT BE MODIFIED OR AMENDED BY ANY PAST, CONTEMPORA-
NEOUS, 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, NEITHER DATALOGIC NOR ITS LICENSORS SHALL 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 CON-
TRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, WAR-
RANTY, 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, INTER-
RUPTION OF BUSINESS OR SERVICE, OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL,
CONTINGENT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR OTHER SIMILAR DAM-
AGES, EVEN IF DATALOGIC OR ITS LICENSORS HAVE 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 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
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 Interna-