Quick Reference Guide
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7. Infringement
7.1 Datalogic will defend End User against any claim in a lawsuit that the Data-
logic Product furnished hereunder directly 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 IP Tech S.r.l., Legal & IP Depart-
ment, Via San Vitalino 13, 40012 Calderara di Reno (Bologna), Italy.
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 Dat-
alogic 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
CONCERNING CLAIMS OF PATENT, COPYRIGHT, OR OTHER INTELLECTUAL
PROPERTY INFRINGEMENT, CANCELS AND SUPERCEDES ANY PRIOR AGREE-
MENTS, 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 DATA-
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
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 DAMAGES, EVEN IF DATALOGIC HAS BEEN ADVISED OF THE POS-
SIBILITY OF SUCH DAMAGES.
9. Government Restricted Rights; International Use
9.1 Use, duplication, or disclosure of the Software by the U.S. Government is sub-
ject 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 Agreement. The provisions of the "United Nations
Convention on International 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 Datalogic or destroy all non-
embedded software covered 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 embedded software, End User
agrees to sign a waiver prepared by Datalogic concerning further use of the
embedded Software. End User's resumed or continued use of the embedded
Software after termination shall constitute End User's agreement to be bound
by the terms and conditions of this Agreement for such use.
