Limitation Of Liability - Datalogic Falcon 4420 48-Key Quick Reference

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, manufactured, or modified to the specifications of End User, or 3) End User's modifica-
tion 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 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 (above), DATALOGIC SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST END
USER BYANY 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 CIRCUM-
STANCES SHALL DATALOGIC 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. 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
EULA. The provisions of the "United Nations Convention on International Sale of Goods" shall not apply to this EULA.
10. Termination.
10.1 Either party may terminate this EULA or any license granted under this EULA at any time upon written notice if the other
party breaches any provision of this EULA.
10.2 Upon termination of this EULA, End User immediately shall cease using any non-preloaded software and shall return to
Datalogic or destroy all non-preloaded software covered by this EULA, and shall furnish Datalogic with a certificate of compli-
ance with this provision signed by an officer or authorized representative of End User. For preloaded software, End User agrees
to sign a waiver prepared by Datalogic concerning further use of the preloaded Software. End User's resumed or continued use
of the preloaded Software after termination shall constitute End User's agreement to be bound by the terms and conditions of
this EULA for such use.
11. General Provisions.
11.1 Entire EULA; 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 EULA may not be changed, amended, or modified except by written document signed by Datalogic.
11.2 Notice. All notices required or authorized under this EULA shall be given in writing, and shall be effective when received,
with evidence of receipt. Notices to Datalogic shall be sent to the Legal Department, attention Contracts Administration, Data-
logic Mobile Inc., 1505 Westec Drive, 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 EULA shall not prevent the party's later enforce-
ment of such terms and conditions.
11.4 Governing Law; Venue: This EULA and the rights of the parties hereunder shall be governed by and construed in accor-
dance with the laws of the State of Oregon U.S.A, without 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 EULA, except that Datalogic shall have the right, at its absolute discretion, to initiate proceedings in the courts of
any other state, country, or territory 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 EULA, the prevailing party shall
be entitled to reasonable attorneys' fees, both at trial and on appeal.
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