vi
PowerScan™ PBT9300
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, CON-
TEMPORANEOUS, 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 DATA-
LOGIC 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, CONSEQUENTIAL, CONTINGENT, INDIRECT, INCIDENTAL,
PUNITIVE, EXEMPLARY, OR OTHER SIMILAR DAMAGES, EVEN IF DATA-
LOGIC 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. Govern-
ment is subject to the restrictions for computer software devel-
oped 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 Agree-
ment. The provisions of the "United Nations Convention on Inter-
national Sale of Goods" shall not apply to this Agreement.
10. Termination
10.1Either 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.
10.2Upon termination of this Agreement, End User immediately shall
cease using any nonembedded software and shall return to Data-
logic or destroy all non-embedded software covered by this Agree-
ment, and shall furnish Datalogic with a certificate of compliance
with this provision signed by an officer or authorized representa-
tive of End User. For embedded software, End User agrees to sign a
waiver prepared by Datalogic concerning further use of the embed-
ded Software. End User's resumed or continued use of the embed-
ded Software after termination shall constitute End User's
agreement to be bound by the terms and conditions of this Agree-
ment 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 agree-
ments, written or oral, between the parties concerning the licens-
ing of the Software. This Agreement may not be changed,
amended, or modified except by written document signed by Data-
logic.
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
