Datalogic Gryphon GD44XX Quick Reference Manual page 7

7. Infringement.
7.1 Datalogic will defend End User against any claim in a lawsuit that the Data-
logic Product furnished hereunder directly 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 attributable to such claim, provided, that 1) End User notifies Datalogic
promptly in writing of the claim, 2) Datalogic controls the defense or settle-
ment 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 IP
Tech S.r.l., Legal & IP Department, Via San Vitalino 13, 40012 Calderara di
Reno (Bologna), Italy.
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 furnished or authorized for use with
such Datalogic Product 2) the use of any Datalogic Product designed, manu-
factured, 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
AGREEMENTS, WHETHER ORAL OR WRITTEN, BETWEEN THE PARTIES CON-
CERNING 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 DATA-
LOGIC' 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 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, CONTIN-
GENT, 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 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.
10.1 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.
10.2 Upon termination of this Agreement, End User immediately shall cease
using any nonembedded software and shall return to Datalogic or destroy
all nonembedded 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 agree-
Quick Reference Guide v