notice, Datalogic will use commercially reasonable efforts to remedy nonconformities verified by
Datalogic. End User agrees to supply Datalogic with all reasonably requested information and
assistance necessary to help Datalogic in remedying such nonconformities. For all defects
reported to Datalogic within the warranty period, Datalogic's liability is limited to providing End
User with one copy of corrections or responding to End User's problem reports according to Dat-
alogic's standard assistance practices. Datalogic does not warrant that the product will meet End
User's requirements or that use of the product will be uninterrupted or error free, or that Data-
logic's remedial efforts will correct any nonconformance. This limited warranty does not cover
any product that has been subjected to damage or abuse, whether intentionally, accidentally, or
by neglect, or to unauthorized repair or unauthorized installation, and shall be void if End User
modifies the product, uses the product in any manner other than as established in the Documen-
tation, 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 fur-
nished hereunder infringe a United States patent or copyright of a third party and Datalogic will
pay any damages finally awarded against End User by a court of competent jurisdiction 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 writing 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 Scanning Hold-
ings, 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 product 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 Datalogic 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 Datalogic.
7.4
THE FOREGOING STATES DATALOGIC'S COMPLETE AND ENTIRE OBLIGATION CON-
CERNING CLAIMS OF PATENT, COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY
INFRINGEMENT, CANCELS AND SUPERSEDES 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),
PRODUCT 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 DATALOGIC BE LIABLE TO END USER OR ANY THIRD PARTY FOR LOST PROFITS, LOST
DATA, INTERRUPTION OF BUSINESS OR SERVICE, OR FOR ANY OTHER SPECIAL, CONSE-
QUENTIAL, CONTINGENT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR OTHER SIMILAR
