Software Product Policy
vi
DelfiScan C85
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 D
elfi
shall
be
sent to the attention
of
Contract Administration,
Delfi
Technologies A/S,
Galoche Alle 1,
4600 Køge, Denmark.
, or
such other address
as
may
be specified by D
elfi
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
D
elfi
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 reason-able
attorneys' fees, both at trial and on appeal.
- END -
Software Product Policy
D
elfi
reserves the right to ship its products with the latest
version of software/firmware available. This provides our
customers with the very latest in D
elfi
software
technology.
The only exception to this policy is when the buyer has
a signed contract with D
elfi
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 D
elfi
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. D
elfi
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 D
elfi
sales person.
