Quick Reference Guide
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7. Infringement.
7.1
Datalogic will defend End User against any claim in a lawsuit that the Datalogic Product
furnished hereunder infringe a United States patent or copyright of a third party and Dat-
alogic 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 settle-
ment 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 Scanning, Inc., Legal Department, 111 SW
Fifth Ave. Suite 4100, Portland, OR 97204-3644.
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 Prod-
uct so that it becomes non-infringing, 3) replace the Datalogic Product 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 Dat-
alogic 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 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.
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 (INCLUD-
ING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, WARRANTY, OR ANY OTHER
BASIS, EXCEED THE PRICE OR FEE PAID BY END USER FOR THE DATALOGIC PROD-
UCT. 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 DATA-
LOGIC HAS 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), which-
ever 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 Agree-
ment. 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 Agree-
ment.
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 furnish Datalogic with a certificate of compliance
