Software Product Policy
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Gryphon™ I GBT4400 2D
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, Data-
logic Scanning, 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 Agree-
ment shall not prevent the party's later enforcement of such terms and condi-
tions.
11.4 Governing Law; Venue: This Agreement and the rights of the parties hereunder
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 Agree-
ment, except that Datalogic shall have the right, at its absolute discretion, to
initiate proceedings in the courts of any other state, country, or territory 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 condi-
tions of this Agreement, the prevailing party shall be entitled to reasonable
attorneys' fees, both at trial and on appeal.
- END -
Software Product Policy
Datalogic reserves the right to ship its products with the latest
version of software/firmware available. This provides our cus-
tomers with the very latest in Datalogic software technology.
The only exception to this policy is when the buyer has a
signed contract with Datalogic 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 Main-
tenance and Support Agreement will receive 30 days advance
notification of: (1) the release of a new software version; and/
or (2) discontinuation of any prior software version that will
no longer 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 transi-
tion to any one of the newer versions, depending on the hard-
ware in use.
To arrange for a Software Maintenance and Support Agree-
ment please contact your Datalogic sales person.
