Datalogic Gryphon GPS4421 Quick Reference Manual page 7

that the product will meet End User's requirements or that use of the product will be unin-
terrupted or error free, or that Datalogic's remedial efforts will correct any nonconformance.
This limited warranty does not cover any product that have been subjected to damage or
abuse, whether intentionally, accidentally, or by neglect, or to unauthorized repair or unau-
thorized installation, and shall be void if End User modifies the product, uses the product in
any manner other than as established in the Documentation, or if End User breaches any of
the provisions of this Agreement.
6.2 EXCEPT AS PROVIDED IN THIS AGREEMENT, THE DATALOGIC PRODUCT IS PROVIDED "AS IS"
AND DATALOGIC MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN
OR ORAL, 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
furnished hereunder infringe a United States patent or copyright of a third party and Data-
logic will pay any damages finally awarded against End User by a court of competent juris-
diction 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 writ-
ing 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 ADC, 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 prod-
uct 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 Data-
logic 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 Data-
logic.
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 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), PROD-
UCT 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 DATA-
LOGIC BE LIABLE TO END USER OR ANY THIRD PARTY FOR LOST PROFITS, LOST DATA, INTER-
RUPTION 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.
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