iv
PowerScan™ PD9531-AR
and 12 shall survive termination of this Agreement.
4. Limited Warranty
Datalogic warrants that, under normal use and operation, the Software will con-
form substantially to the applicable Datalogic Product documentation for the
period specified in the same, provided that the Software is used with the Datalogic
Product. Datalogic's entire liability and End User's sole and exclusive remedy for
any breach of the foregoing limited warranty will be, at Datalogic's option, the pro-
vision of a downloadable patch or replacement software.
Datalogic does not warrant (i) that Software will meet End User's requirements; (ii)
that Software will be uninterrupted or defect error free; (iii) any non conformity
derived from unauthorized use, and/or improper installation or repair not in com-
pliance with Datalogic Product documentation. End User agrees that the existence
of such non conformities or errors and Datalogic's inability to remedy such errors
shall not constitute a breach of this Agreement.
EXCEPT AS PROVIDED IN THIS AGREEMENT, THE DATALOGIC PRODUCT IS PRO-
VIDED "AS IS" AND DATALOGIC MAKES NO WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, WRITTEN OR ORAL, WITH RESPECT TO THE DATALOGIC PRODUCT OR
SOFTWARE, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MER-
CHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5. Limitation of Liability
EXCEPT AS PROVIDED IN THIS AGREEMENT, NEITHER DATALOGIC NOR ITS LICEN-
SORS SHALL 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 CIRCUM-
STANCES SHALL DATALOGIC OR ITS LICENSORS 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 DAT-
ALOGIC OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. END USER MUST BRING ANY ACTION UNDER THIS AGREEMENT
WITHIN 12 (TWELVE) MONTHS AFTER THE CAUSE OF ACTION ARISES.
6. Indemnification
To the maximum extent permitted by law, End User agrees to defend, indemnify
and hold harmless Datalogic, its affiliates and their respective directors, officers,
employees and agents from and against any and all claims, actions, suits or pro-
ceedings, as well as any and all losses, liabilities, damages, costs and expenses
(including reasonable attorney's fees) arising out of or accruing from or related to
Licensee's failure to comply with the terms of this Agreement, including but not
limited to (1) non compliance with any applicable laws or regulations with Data-
logic product documentation, (2) unauthorized use or disclosure of Software, and
(3) use of Software in combination with software, hardware, systems, or other
items not provided by Datalogic.
7. Support
End User may request support for Software from Datalogic at Datalogic's standard
support fees and under Datalogic's standard support terms and conditions in
effect at the time the support is requested.
8. Government Restricted Rights; International Use
8.1 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.
8.2 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 Data-
logic Product is used and with U.S. export control laws,. Without prejudice of the
foregoing, the End User agrees to not export or re-export the Software, any part
thereof, or any process or service that is the direct product of the Software to any
country, person or entity subject to U.S. export restrictions. End User specifically
agrees not to export or re-export any of the Software: (i) to any country to which
the U.S. has embargoed or restricted the export of goods or services or to any
national of any such country, wherever located, who intends to transmit or trans-
port the Software back to such country; (ii) to any person or entity who you know
or have reason to know will utilize the Software in the design, development or pro-
duction of nuclear, chemical or biological weapons; or (iii) to any person or entity
who has been prohibited from participating in U.S. export transactions by any fed-
eral agency of the U.S. government. End User warrants and represents that nei-
ther the U.S. Commerce Department, Bureau of Export Administration nor any
other U.S. federal agency has suspended, revoked or denied its export privileges.
9. Third Party Software
The Datalogic Product may contain one or more items of third party software
which use is governed by separate third party license, unless otherwise stated.
