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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 attribut-
able 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 Data-
logic Scanning, 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
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 fur-
nished 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 modifi-
cation 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, CAN-
CELS AND SUPERCEDES ANY PRIOR AGREEMENTS, WHETHER ORAL OR WRITTEN, BETWEEN THE
PARTIES CONCERNING SUCH CLAIMS, AND WILL NOT BE MODIFIED OR AMENDED BY ANY PAST,
CONTEMPORANEOUS, 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 Acqui-
sition 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.
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 Agreement.
Quick Reference Guide
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