Datalogic Gryphon GD44XX Quick Reference Manual

Quick Reference Guide 31) 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 withDatalogic in such defense or settlement. All notices of a claim should be sent toDatalogic 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) modifythe Datalogic Product so that it becomes non-infringing, 3) replace the DatalogicProduct with an equivalent product not subject to such claim, or 4) provide EndUser an opportunity to return the Datalogic Product and receive a refund of thepurchase price paid, less a reasonable allowance for use.7.3 Datalogic shall have no liability to End User for claims of infringement basedupon 1) the use of any Datalogic Product in combination with any product whichDatalogic has not either furnished or authorized for use with such DatalogicProduct 2) the use of any Datalogic Product designed, manufactured, or modifiedto the specifications of End User, or 3) End User's modification of the DatalogicProduct 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 PROPERTYINFRINGEMENT, CANCELS AND SUPERCEDES ANY PRIOR AGREEMENTS,WHETHER ORAL OR WRITTEN, BETWEEN THE PARTIES CONCERNING SUCHCLAIMS, 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 WRITINGSIGNED BY BOTH PARTIES.8. Limitation Of LiabilityEXCEPT AS PROVIDED IN SECTION 7, DATALOGIC SHALL NOT BE LIABLE FOR ANY CLAIMSAGAINST END USER BY ANY OTHER PARTY. IN NO EVENT SHALL DATALOGIC'S LIABILITYFOR 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 NOCIRCUMSTANCES SHALL DATALOGIC BE LIABLE TO END USER OR ANY THIRD PARTY FORLOST PROFITS, LOST DATA, INTERRUPTION OF BUSINESS OR SERVICE, OR FOR ANY OTHERSPECIAL, 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 Use9.1 Use, duplication, or disclosure of the Software by the U.S. Government is subjectto the restrictions for computer software developed at private expense as setforth in the U.S. Federal Acquisition Regulations at FAR 52.227-14(g), or 52.227-19or in the Rights in Technical Data and Computer Software clause at DFARS252.227-7013(c)(1)(ii), whichever is applicable.9.2 If End User is using the Datalogic Product outside of the United States, End Usermust comply with the applicable local laws of the country in which the DatalogicProduct 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 onInternational Sale of Goods" shall not apply to this Agreement.10. Termination10.1 Either party may terminate this Agreement or any license granted under thisAgreement 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 anynonembedded 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 authorizedrepresentative of End User. For embedded software, End User agrees to sign awaiver 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 Provisions11.1 Entire Agreement; Amendment. This document contains the entire agreementbetween the parties relating to the licensing of the Software and supersedes allprior 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.