Software Product Policy
writing, and shall be effective when received, with evidence of receipt. Notices to Datalogic shall be sent to the attention of Contract Administration, Data- logic Scanning, Inc., 959 Terry Street, Eugene, OR 97402, or such other address as may be specified by Datalogic in writing.
11.3Waiver. A party's failure to enforce any of the terms and conditions of this Agree- ment shall not prevent the party's later enforcement of such terms and condi- tions.
11.4Governing 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 Agree- ment, 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.
11.5Attorneys' Fees. In the event an action is brought to enforce the terms and condi- tions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, both at trial and on appeal.
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Software Product Policy
Datalogic reserves the right to ship its products with the latest version of software/firmware available. This provides our custom- ers 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 noti- fication 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 version. If a customer is currently using the software version being discon- tinued, 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.
6 | Gryphon™ I GM4100 |
