Software Product Policy
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Gryphon™ I GM44XX
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 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 attention of Contract Administration,
Datalogic ADC, Inc., 959 Terry Street, Eugene, OR 97402, or such other address
as may be specified by Datalogic in writing.
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 hereun-
der 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 dis-
cretion, to initiate proceedings in the courts of any other state, country, or ter-
ritory 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 reason-
able attorneys' fees, both at trial and on appeal.
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Software Product Policy
Datalogic reserves the right to ship its products with the latest version of software/
firmware available. This provides our customers with the very latest in Datalogic soft-
ware technology.
The only exception to this policy is when the buyer has a signed contract with Datalog-
ic that clearly defines the terms and conditions for making software/firmware changes
in products shipped to the buyer.
Customers under Software Support
Customers that elect to subscribe to Datalogic Software Maintenance and Support
Agreement will receive 30 days advance notification of: (1) the release of a new soft-
ware version; and/or (2) discontinuation of any prior software version that will no lon-
ger be supported. Datalogic will provide maintenance for a fee that will assist
customers in transitioning to the next software version. If a customer is currently using
the software version being discontinued, the customer may elect to transition to any
one of the newer versions, depending on the hardware in use.
To arrange for a Software Maintenance and Support Agreement please contact your
Datalogic sales person.
