Datalogic Gryphon I GFS4400 Quick Reference Manual page 8

(EULA) FOR THE GRYPHON™ GFS44XX PRODUCT SERIES
9. Government Restricted Rights; International Use.
9.1 Use, duplication, or disclosure of the Software by the U.S. Government is subject to the
restrictions for computer software developed at private expense as set forth in the
U.S. Federal Acquisition Regulations at FAR 52.227-14(g), or 52.227-19 or in the Rights
in Technical Data and Computer Software clause at DFARS 252.227-7013(c)(1)(ii),
whichever is applicable.
9.2 If End User is using the Datalogic Product outside of the United States, End User must
comply with the applicable local laws of the country in which the Datalogic Product is
used, with U.S. export control laws, and with the English language version of this
Agreement. The provisions of the "United Nations Convention 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 Datalogic
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 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 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 Datalogic IP Tech S.r.l., Legal & IP
Department, Via San Vitalino 13, 40012 Calderara di Reno (Bologna), Italy 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: Both parties agree to the application of the laws of the country
in which End User obtained the license to govern, interpret, and enforce all of End
User's and Datalogic's respective rights, duties, and obligations arising from, or relating
in any manner to, the subject matter of this Agreement, without regard to conflict of
law principles. The United Nations Convention on Contracts for the International Sale
of Goods does not apply.
All rights, duties, and obligations are subject to the courts of the country in which End
User obtained the license. For licenses granted by Licensee who operates in the
countries specified below, the following terms applies.
For Americas.
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