Datalogic Gryphon I GPS4400 Quick Reference Manual page 8

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 NEGLI-
GENCE), PRODUCT LIABILITY, STRICT LIABILITY, WARRANTY, OR ANY OTHER BASIS, EXCEED
THE PRICE OR FEE PAID BY END USER FOR THE DATALOGIC PRODUCT. UNDER NO CIR-
CUMSTANCES 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 SPE-
CIAL, 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
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 Agree-
ment 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 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 Dat-
alogic concerning further use of the embedded Software. End User's resumed or con-
tinued 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 writ-
ing, and shall be effective when received, with evidence of receipt. Notices to Datalogic
shall be sent to the attention of Contract Administration, Datalogic ADC, Inc., 959 Terry
4
Technical Data and Computer Software clause
Gryphon™ GPS4400
at DFARS