Datalogic GRYPHON Service Manual download pdf (Page 8)

4 Gryphon™ I GD4100

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 nonembedded software and shall return to Datalogic or destroy

all non-embedded software covered 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 software,

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 agree-

ment 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 super-

sedes all prior or contemporaneous agreements, written or oral, between

the parties concerning the licensing of the Software. 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 Administra-

tion, 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 hereun-

der 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 Mult-

nomah 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 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 soft-

ware/firmware available. This provides our customers with the very latest in Data-

logic software technology.

The only exception to this policy is when the buyer has a signed contract with Data-

logic 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 soft-

ware 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 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.

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