Datalogic Gryphon GPS4421 Quick Reference Manual page 8

Federal Acquisition Regulations at FAR 52.227-14(g), or 52.227-19 or in the Rights in Techni-
cal Data and Computer Software clause at DFARS 252.227-7013(c)(1)(ii), whichever is applica-
ble.
9.2 If End User is using the Datalogic Product outside of the United States, End User must com-
ply 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 provi-
sions of the "United Nations Convention on International Sale of Goods" shall not apply to
this Agreement.
10. Termination.
10.1 Either 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.
10.2 Upon termination of this Agreement, End User immediately shall cease using any nonem-
bedded software and shall return to Datalogic or destroy all non-embedded software cov-
ered 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 soft-
ware, 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 contemporane-
ous agreements, written or oral, between the parties concerning the licensing of the Soft-
ware. 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 gov-
erned 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 Ore-
gon 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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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. To arrange for a Software Maintenance and Support Agreement please con-
tact your Datalogic sales person.
vi
Software Product Policy
Gryphon™ I GPS4400