Datalogic PowerScan PBT9500 Specifications download pdf (Page 8)

END USER LICENSE AGREEMENT

vi PowerScan™ PBT9500

SUPERCEDES ANY PRIOR AGREEMENTS, WHETHER ORAL OR

WRITTEN, BETWEEN THE PARTIES CONCERNING SUCH CLAIMS,

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

TEMPORANEOUS, 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 DATA-

LOGIC 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 DATA-

LOGIC 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. Govern-

ment is subject to the restrictions for computer software devel-

oped 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 Agree-

ment. The provisions of the "United Nations Convention on Inter-

national Sale of Goods" shall not apply to this Agreement.

10. Termination

10.1Either 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.

10.2Upon termination of this Agreement, End User immediately shall

cease using any nonembedded software and shall return to Data-

logic or destroy all non-embedded software covered by this Agree-

ment, and shall furnish Datalogic with a certificate of compliance

with this provision signed by an officer or authorized representa-

tive of End User. For embedded software, End User agrees to sign a

waiver prepared by Datalogic concerning further use of the embed-

ded Software. End User's resumed or continued use of the embed-

ded Software after termination shall constitute End User's

agreement to be bound by the terms and conditions of this Agree-

ment 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 agree-

ments, written or oral, between the parties concerning the licens-

ing of the Software. This Agreement may not be changed,

amended, or modified except by written document signed by Data-

logic.

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 atten-

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