6
PowerScan
®
7000
nish Datalogic with a certificate of compliance with this provision signed by an officer or authorized represen-
tative 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 agreement 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 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 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 Admin-
istration, Datalogic 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 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 hereunder shall be governed by and con-
strued in accordance with the laws of the State of Oregon U.S.A, without regard to the rules governing con-
flicts 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 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 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/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
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 Dat-
alogic sales person.
