Datalogic Scanning 4410 - Manual (Page 63)

Appendix A: Datalogic Mobile Falcon
®
Windows
®
CE Series End User License Agreement
Quick Reference Guide 61
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
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 CIRCUM-
STANCES SHALL DATALOGIC BE LIABLE TO END USER OR ANY THIRD PARTY FOR LOST PROFITS, LOST DATA, INTER-
RUPTION 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. 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.
10.1 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-preloaded software and shall return
to Datalogic or destroy all non-preloaded 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 preloaded software, End User
agrees to sign a waiver prepared by Datalogic concerning further use of the preloaded Software. End User’s resumed or contin-
ued use of the preloaded Software after termination shall constitute End User’s agreement to be bound by the terms and condi-
tions of this Agreement 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 agreements, written or oral, between the parties concerning the
licensing of the Software. This Agreement may not be changed, amended, or modified except by written document signed by
Datalogic.
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 attention of the Legal Department, General Counsel,
Datalogic Mobile, Inc., 1505 Westec Drive, Eugene, OR 97402, or such other address as may be specified by Datalogic in writ-
ing.
11.3 Waiver. A party’s failure to enforce any of the terms and conditions of this Agreement shall not prevent the party’s later
enforcement of such terms and conditions.
11.4 Governing Law; Venue: This Agreement and the rights of the parties hereunder shall be governed by and construed in
accordance with the laws of the State of Oregon U.S.A, without regard to the rules governing conflicts of law. The state or federal
courts of the State of Oregon located in either Multnomah or Lane counties shall have exclusive jurisdiction over all matters
regarding this Agreement, except that Datalogic shall have the right, at its absolute discretion, to initiate proceedings in the
courts of any other state, country, or territory in which End User resides, or in which any of End User's assets are located.
11.5 Attorneys’ Fees. In the event an action is brought to enforce the terms and conditions of this Agreement, the prevailing party
shall be entitled to reasonable attorneys’ fees, both at trial and on appeal.
- END -