Datalogic Cobalto CO5300 Quick Reference Manual page 5

logic.
7.4 THE FOREGOING STATES DATALOGIC' S COMPLETE AND ENTIRE OBLIGATION CONCERNING
CLAIMS OF PATENT, COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT,
CANCELS AND SUPERSEDES 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 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, CONSEQUEN-
TIAL, CONTINGENT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR OTHER SIMILAR DAM-
AGES, 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 Tech-
nical 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.
10.1 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
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 contempo-
raneous 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 Administration, Datalogic Holdings, 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.
11.4Governing Law; Venue: This Agreement and the rights of the parties hereunder shall be
governed by and construed in accordance with the laws of the State of Oregon U.S.A, with-
out regard to the rules governing conflicts 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 ter-
ritory 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 -
Quick Reference Guide iii