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PowerScan® 7000BT SRI
nation 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 PSC.
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 PSC shall be sent to the attention of
Contract Administra-
tion, PSC Scanning Inc., 959 Terry Street, Eugene, OR 97402, or such other address as may be specified by
PSC 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 PSC 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
PSC reserves the right to ship its products with the latest version of software/firmware available.
This provides our customers with the very latest in PSC software technology.
The only exception to this policy is when the buyer has a signed contract with PSC 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 PSC 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. PSC 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 PSC sales per-
son.
Laser Cautions
The imager may contain a laser pointer (this is a value-added option), which is certified in the U.S.
to conform to the requirements of DHHS/CDRH 21CFR Subchapter J for Class II and IEC
60825-1 for Class 2 products. Class II (2) products are not considered to be hazardous. Laser
pointer models of the imager contain a Visible Laser Diode (VLD) at a wavelength of 655 nanome-
ters and is designed so that there can be no human access to harmful levels of laser light during nor-
mal operation, user maintenance, or during prescribed service operations. See the Product Reference
Guide (PRG) for laser pointer configuration information and bar codes.
CAUTION
Do not attempt to open or otherwise service any components in the
optics cavity. Opening or servicing any part of the optics cavity by unau-
thorized personnel may violate laser safety regulations.
