Software Product Policy
Quick Reference Guide
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and with the English language version of this Agreement. The provisions of the "United Nations Conven-
tion on International Sale of Goods" shall not apply to this Agreement.
10. Termination
10.1Either party may terminate this Agreement or any license granted under this Agreement at any time upon
written notice if the other party breaches any provision of this Agreement.
10.2Upon 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 Data-
logic 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 relat-
ing 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 Administration, 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 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 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.
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Software Product Policy
Datalogic reserves the right to ship its products with the latest version of software/
firmware available. This provides our customers with the very latest in Datalogic soft-
ware 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
Datalogic sales person.
