46
Pegaso™ Industrial PDA with Windows
®
CE
LOGIC'S LIABILITY FOR DAMAGES, IF ANY, WHETHER BASED UPON CONTRACT,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, WAR-
RANTY, OR ANY OTHER BASIS, EXCEED THE PRICE OR FEE PAID BY END USER FOR
THE DATALOGIC PRODUCT. UNDER NO CIRCUMSTANCES SHALL DATALOGIC BE LIA-
BLE 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 POSSI-
BILITY 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. Fed-
eral 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 applica-
ble.
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 non-
preloaded software and shall return to Datalogic or destroy all non-preloaded software cov-
ered 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 preloaded soft-
ware, 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 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 contemporane-
ous agreements, written or oral, between the parties concerning the licensing of the Soft-
ware. 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 writing,
and shall be effective when received, with evidence of receipt. Notices to Datalogic shall be
sent to the attention of the Legal Department, General Counsel, Datalogic 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 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
governed 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 Ore-
