Software Product Policy; Customers Under Software Support - Datalogic Gryphon GD44XX Quick Reference Manual

use.
11. General Provisions.
11.1 Entire Agreement; Amendment. This document contains the entire agree-
ment 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 Agree-
ment may not be changed, amended, or modified except by written docu-
ment 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 here-
under 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 mat-
ters 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 rea-
sonable 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 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 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. Datalogic will
provide maintenance for a fee that will assist customers in transition-
ing to the next software version. If a customer is currently using the
software version being discontinued, the customer may elect to transi-
tion 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.
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Software Product Policy
Gryphon™ I GD44XX