Software Product Policy; Customers Under Software Support - Datalogic PowerScan BT9500 Family Quick Reference Manual

Industrial cordless handheld area imager bar code reader
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tion of Contract Administration, Datalogic ADC, Inc., 959 Terry
Street, Eugene, OR 97402, or such other address as may be speci-
fied by Datalogic in writing.
11.3 Waiver. A party' s failure to enforce any of the terms and condi-
tions of this Agreement shall not prevent the party's later enforce-
ment of such terms and conditions.
11.4 Governing Law; Venue: This Agreement and the rights of the par-
ties 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 Agree-
ment, except that Datalogic shall have the right, at its absolute dis-
cretion, 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.
- END -

Software Product Policy

Datalogic reserves the right to ship its products with the latest
version of software/firmware available. This provides our cus-
tomers 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 condi-
tions for making software/firmware changes in products shipped
to the buyer.

Customers Under Software Support

Customers that elect to subscribe to Datalogic Software Mainte-
nance and Support Agreement will receive 30 days advance notifi-
cation 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 ver-
sion. 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.
Quick Reference Guide
Software Product Policy
vii

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