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Datalogic Mobile Falcon
®
Management Utility
™
End User License Agreement
User’s Manual vii
7. Infringement.
7.1 Datalogic will defend End User against any claim that the Licensed Products furnished hereunder infringe a United States
patent, trademark, 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 attributable to
such claim, provided, that 1) End User notifies Datalogic promptly in writing of the claim, 2) Datalogic controls the defense or set-
tlement 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 Mobile, Inc., General Counsel, 1505 Westec Drive, Eugene, Oregon, 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 Licensed Products, 2) modify the Licensed Products so that they become non-infringing, 3) replace the Licensed Prod-
ucts with an equivalent product not subject to such claim, or 4) provide End User an opportunity to return the Licensed Products
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 Licensed Product in com-
bination with any product which Datalogic has not either furnished or authorized for use with such Licensed Product, 2) the use
of any Licensed Product designed, manufactured, or modified to the specifications of End User, or 3) End User’s modification of
the Licensed Products without written authorization from Datalogic.
THE FOREGOING STATES DATALOGIC’S COMPLETE AND ENTIRE OBLIGATION TO END USER CONCERNING CLAIMS
OF PATENT, TRADEMARK, COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT, CANCELS AND
SUPERCEDES ANY PRIOR AGREEMENTS, WHETHER ORAL OR WRITTEN, BETWEEN DATALOGIC AND END USER
CONCERNING SUCH CLAIMS, AND WILL NOT BE MODIFIED OR AMENDED BY ANY PAST, CONTEMPORANEOUS, OR
FUTURE AGREEMENTS OR DEALINGS BETWEEN DATALOGIC AND END USER, WHETHER ORAL OR WRITTEN,
EXCEPT AS SET FORTH IN A FUTURE WRITING SIGNED BY AN AUTHORIZED REPRESENTATIVE OF EACH PARTY.
8. Limitation of Liability.
EXCEPT AS PROVIDED IN SECTION 8, DATALOGIC SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST END USER BY
ANY OTHER PARTY NOR 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 LICENSED PRODUCTS. UNDER NO CIRCUMSTANCES
SHALL DATALOGIC BE LIABLE TO END USER OR ANY THIRD PARTY FOR LOST PROFITS, LOST DATA, INTERRUPTION
OF SERVICE, OR FOR ANY SPECIAL, CONSEQUENTIAL, CONTINGENT, INDIRECT, INCIDENTAL, PUNITIVE, EXEM-
PLARY, OR OTHER SIMILAR DAMAGES, EVEN IF DATALOGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAM-
AGES.
9. Government Restricted Rights; International Use.
The Licensed Products are provided with Restricted Rights. Use, duplication, or disclosure 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. If End User is using the Licensed Products outside of the United States, End User must
comply with the applicable local laws of the country in which the Licensed Products are used, with U.S. export control laws, and
with the English language version of 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 fails to comply with any material term or condition. Datalogic may terminate this Agreement immediately in the
event that End User (i) fails to pay any amount that is due within thirty (30) days of receiving a written demand, (ii) breaches any
provision of this Agreement unless such breach is corrected or cured within fifteen (15) days after receipt of written notice from
Datalogic, (iii) transfers any substantial part of its business or in any manner ceases to continue its business, or experiences any
material change or transfer in its management or control, or (vi) becomes insolvent, voluntarily files a petition in bankruptcy,
becomes the subject of an involuntary bankruptcy proceeding which is not dismissed within thirty (30) days, or is otherwise the
subject of an action provided by law which is intended to relieve it from any of its debts.
10.2 Upon termination of this Agreement, End User immediately shall cease using the Software and shall return to Datalogic or
destroy all Licensed Products 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.