Manual Datalogic Gryphon I GD4400 2D (page 7 of 52) (English)

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1) End User notifies Datalogic promptly in writing of the claim, 2) Datalogic con-

trols 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 Scanning, Inc., Legal Department, 959 Terry Street, Eugene, OR 97402.

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 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, CONTEMPO-

RANEOUS, 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 POSSIBIL-

ITY 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 ver-

sion 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 provi-

sion of this Agreement.

10.2 Upon termination of this Agreement, End User immediately shall cease using any

nonembedded software and shall return to Datalogic or destroy all non-embed-

ded software covered by this Agreement, and shall furnish Datalogic with a certif-

icate 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 termina-

tion 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 con-

cerning the licensing of the Software. This Agreement may not be changed,

amended, or modified except by written document signed by Datalogic.

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Datalogic Gryphon I GD4400 2D Manual

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