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10.2
Upon 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 Datalogic concerning further use of the embedded Soft-
ware. 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 agree-
ments, written or oral, between the parties concerning the licensing of the Software. This Agree-
ment 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 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 pre-
vent 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 Agree-
ment, the prevailing party shall be entitled to reasonable attorneys' fees, both at trial and on
appeal.
- END -
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 contract with Datalogic that clearly
defines the terms and conditions for making software/firmware changes in products shipped to the
buyer.
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) discontinua-
tion 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 per-
son.
4
Software Product Policy
Customers Under Software Support
Gryphon™ GFS4XXX
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