4
Gryphon™ I GBT4400
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 Data-
logic.
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 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 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 Datalogic shall have the right, at its absolute dis-
cretion, to initiate proceedings in the courts of any other state, country, or ter-
ritory 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.
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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 software technology.
The only exception to this policy is when the buyer has a signed con-
tract 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. Data-
logic 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 hard-
ware in use.
To arrange for a Software Maintenance and Support Agreement please
contact your Datalogic sales person.
