Datalogic Mobile Falcon® Management Utility™ End User License Agreement
viii Falcon® Management Utility (FMU)
11. General Provisions.11.1 Entire Agreement; Amendment. This document contains the entire agreement between the parties relating to the subject
matter contained herein and supersedes all prior or contemporaneous agreements, written or oral, between the parties. This
Agreement may not be changed, amended, or modified except by written document signed by an authorized representative of
each party. No promise or representation which is not contained herein constituted an inducement to either party or was relied
upon by either party in entering into this Agreement.
11.2 Notice. All notices required or authorized under this Agreement shall be given in writing and shall refer to this Agreement.
Notices to End User shall be sent to such address as End User shall provide to Datalogic in writing. Notices to Datalogic shall be
sent to the attention of Datalogic Mobile, Inc., General Counsel, 1505 Westec Drive, Eugene, OR 97402, or such other address
as may be specified by Datalogic in writing. All notices shall be effective when received, with evidence of receipt.
11.3 Waiver. If either party fails to perform any of its obligations under this Agreement and the other party fails to enforce the rel-
evant provisions, such failure to enforce shall not prevent later enforcement of those provisions.
11.4 Assignment. Datalogic may assign this Agreement or any of its rights under this Agreement without giving prior notice to
End User. End User may not sublicense, assign, pledge, lease, rent, or otherwise transfer this Agreement, and the rights under
it, whether voluntarily or by operation of law, without Datalogic’s prior written consent. No attempt to assign or transfer in violation
of this provision shall be valid or binding upon Datalogic.
11.5 Severability. Should any clause or section of this Agreement be determined to be invalid or unenforceable, that provision
shall be interpreted so as to most closely reflect the original intent of the parties in an enforceable manner and the remainder of
the Agreement will remain in full force and effect.
11.6 Governing Law. This Agreement shall be governed by the laws of the State of Oregon, United States of America, excluding
choice of law provisions.
11.7 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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