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QuickScan™ Lite QW2400
8. Limitation Of Liability.
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 LIABILITY,
WARRANTY, OR ANY OTHER BASIS, EXCEED THE PRICE OR FEE PAID BY
END USER FOR THE DATALOGIC 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
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
International Sale of Goods" shall not apply to this Agreement.
10. Termination.
10.1Either 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.
10.2Upon termination of this Agreement, End User immediately shall
cease using any nonembedded 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 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 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 Datalogic IP Tech S.r.l., Legal & IP Department, Via San
Vitalino 13, 40012 Calderara di Reno (Bologna), Italy or such other
address as may be specified by Datalogic in writing.
