Software Product Policy
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Gryphon™ L GD4300
any provision of this Agreement.
10.2
Upon termination of this Agreement, End User immediately shall cease
using any nonembedded software and shall return to Datalogic or destroy
all non-embedded software 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. For embedded software,
End User agrees to sign a waiver prepared by Datalogic concerning further
use of the embedded Software. End User's resumed or continued use of the
embedded Software after termination shall constitute End User's agree-
ment to be bound by the terms and conditions of this Agreement 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 super-
sedes 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 Datalogic.
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 Administra-
tion, 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 Mult-
nomah or Lane counties shall have exclusive jurisdiction over all matters
regarding this Agreement, 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
conditions of this Agreement, the prevailing party shall be entitled to rea-
sonable 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/firm-
ware available. This provides our customers 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 Maintenance 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 tran-
sitioning to the next software version. If a customer is currently using the software ver-
sion 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 Da-
talogic sales person.
