Delfi DelfiScan C65 Quick Reference Manual page 5

7.4 THE FOREGOING STATES DELFI'S COMPLETE AND ENTIRE OBLIGATION
CONCERNING CLAIMS OF PATENT, COPYRIGHT, OR OTHER INTELLECTUAL
PROP-ERTY 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, CONTEMPO-RANEOUS, 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, DELFI 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 DELFI PRODUCT. UNDER NO CIRCUMSTANCES SHALL DELFI 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, CONTINGENT, INDIRECT, INCIDENTAL,
PUNITIVE, EXEMPLARY, OR OTHER SIMILAR DAMAGES, EVEN IF DELFI 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 restric-
tions for computer software developed at private expense as set forth in the U.S. Federal
Acqui-sition 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 Delfi Product outside of the United States, End User must comply
with the applicable local laws of the country in which the Delfi 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 Agree-
ment.
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 Delfi or destroy all non-embedded software covered by this
Agreement, and shall furnish Delfi 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 Delfi concerning further use of the embedded Software.
End User's resumed or continued use of the embedded Software after termination shall consti-
tute 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 par-
ties relating to the licensing of the Software and supersedes all prior or contemporaneous
agree-ments, 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
Delfi.
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 Delfi shall be sent to the
attention of Contract Administration, Delfi Technologies A/S, Galoche Alle 1, 4600 Køge,
Denmark.
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.
11.4 Governing Law; Venue: This Agreement and the rights of the parties hereunder shall be gov-
erned by and construed in accordance 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 Agreement, except that Delfi shall have the right, at its absolute
discretion, to initiate proceedings in the courts of any other state, country, or territory in which
resides, or in which any of End User's assets are located. End User
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.
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Quick Reference Guide 3