PSC QuickScanQS6500BT Service Manual download pdf (Page 5)

Quick Reference Guide iii

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 attrib-

utable 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 cooper-

ates fully with Datalogic in such defense or settlement. All notices of a claim should be sent

to Datalogic Scanning, Inc., Legal Department, 111 SW Fifth Ave. Suite 4100, Portland, OR

97204-3644.

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 prod-

uct 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 fur-

nished 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 SUPERCEDES ANY PRIOR AGREEMENTS,

WHETHER ORAL OR WRITTEN, BETWEEN THE PARTIES CONCERNING SUCH

CLAIMS, AND WILL NOT BE MODIFIED OR AMENDED BY ANY PAST, CONTEMPORA-

NEOUS, 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 NEGLI-

GENCE), 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, CONSEQUENTIAL, CONTINGENT, INDIRECT, INCIDENTAL, PUNITIVE,

EXEMPLARY, OR OTHER SIMILAR DAMAGES, EVEN IF DATALOGIC 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. 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 com-

ply 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 pro-

visions 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-

embedded software and shall return to Datalogic or destroy all non-embedded 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 embedded soft-

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