6
PowerScan
®
PBT7100 Base Station
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 DAT-
ALOGIC 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 restrictions for com-
puter 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 appli-
cable 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-
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 writ-
ten 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 non-embedded software
and shall return to Datalogic or destroy all non-embedded software covered by this Agreement, and shall fur-
nish Datalogic with a certificate of compliance with this provision signed by an officer or authorized represen-
tative of End User. For embedded software, End User agrees to sign a waiver prepared by Datalogic
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.
11. General Provisions.
11.1 Entire
Agreement;
Amendment. This document contains the entire agreement between the parties relating to
the licensing of the Software and supersedes all prior or contemporaneous agreements, written or oral,
between the parties concerning the licensing of the Software. This Agreement may not be changed,
amended, or modified except by written document signed by Datalogic.
11.2 Notice. All notices required or authorized under this Agreement shall be given in writing, and shall be effective
when received, with evidence of receipt. Notices to Datalogic shall be sent to the attention of
Contract Admin-
istration, Datalogic Scanning Inc., 959 Terry Street, Eugene, OR 97402, or such other address as may be
specified by Datalogic in writing.
11.3 Waiver. A party’s failure to enforce any of the terms and conditions of this Agreement shall not prevent the
party’s later enforcement of such terms and conditions.
11.4
Governing Law; Venue:This Agreement and the rights of the parties hereunder shall be governed by and con-
strued in accordance with the laws of the State of Oregon U.S.A, without regard to the rules governing con-
flicts of law. The state or federal courts of the State of Oregon located in either Multnomah or Lane counties
shall have exclusive jurisdiction over all matters regarding this Agreement, except that Datalogic shall have
the right, at its absolute discretion, to initiate proceedings in the courts of any other state, country, or territory
in which End User resides, or in which any of End User's assets are located.
11.5 Attorneys’
Fees. In the event an action is brought to enforce the terms and conditions of this Agreement, the
prevailing party shall be entitled to reasonable attorneys’ fees, both at trial and on appeal.
- END -
