Datalogic QuickScan i Service Manual download pdf (Page 6)

4QuickScan

HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Government Restricted Rights; International Use.

9.1 Use, duplication, or disclosure of the Software by the U.S. Government

is subject to the restrictions for computer software developed at private

expense as set forth in the U.S. Federal Acquisition Regulations at FAR

52.227-14(g), or 52.227-19 or in the Rights in Technical Data and Com-

puter Software clause at DFARS 252.227-7013(c)(1)(ii), whichever is

applicable.

9.2 If End User is using the Datalogic Product outside of the United States,

End User must comply with the applicable local laws of the country in

which the Datalogic Product is used, with U.S. export control laws, and

with the English language version of this Agreement. The provisions of

the "United Nations Convention on International Sale of Goods" shall

not apply to this Agreement.

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 provi-

sion 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 ter-

mination shall constitute End User's agreement 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 supersedes 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 writ-

ten 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

Administration, Datalogic Scanning, Inc., 959 Terry Street, Eugene, OR

97402, or such other address as may be specified by Datalogic in writ-

ing.

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

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 govern-

ing conflicts of law. The state or federal courts of the State of Oregon

located in either Multnomah or Lane counties shall have exclusive juris-

diction 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 reasonable attorneys' fees, both at trial and on appeal.

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