Datalogic Gryphon I GBT4400 2D Quick Reference Manual

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Software Product Policy4 Gryphon™ I GBT4400 2D11. General Provisions.11.1 Entire Agreement; Amendment. This document contains the entire agreementbetween the parties relating to the licensing of the Software and supersedesall prior or contemporaneous agreements, written or oral, between the partiesconcerning the licensing of the Software. This Agreement may not bechanged, amended, or modified except by written document signed by Data-logic.11.2 Notice. All notices required or authorized under this Agreement shall be given inwriting, and shall be effective when received, with evidence of receipt. Noticesto Datalogic shall be sent to the attention of Contract Administration, Data-logic Scanning, Inc., 959 Terry Street, Eugene, OR 97402, or such other addressas may be specified by Datalogic in writing.11.3 Waiver. 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.11.4 Governing Law; Venue: This Agreement and the rights of the parties hereundershall be governed by and construed in accordance with the laws of the State ofOregon U.S.A, without regard to the rules governing conflicts of law. The stateor federal courts of the State of Oregon located in either Multnomah or Lanecounties shall have exclusive jurisdiction over all matters regarding this Agree-ment, except that Datalogic shall have the right, at its absolute discretion, toinitiate proceedings in the courts of any other state, country, or territory inwhich 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 condi-tions of this Agreement, the prevailing party shall be entitled to reasonableattorneys' fees, both at trial and on appeal.- END -Software Product PolicyDatalogic reserves the right to ship its products with the latestversion of software/firmware available. This provides our cus-tomers with the very latest in Datalogic software technology.The only exception to this policy is when the buyer has asigned contract with Datalogic that clearly defines the termsand conditions for making software/firmware changes inproducts shipped to the buyer.Customers Under Software SupportCustomers that elect to subscribe to Datalogic Software Main-tenance and Support Agreement will receive 30 days advancenotification of: (1) the release of a new software version; and/or (2) discontinuation of any prior software version that willno longer be supported. Datalogic will provide maintenancefor a fee that will assist customers in transitioning to the nextsoftware version. If a customer is currently using the softwareversion being discontinued, the customer may elect to transi-tion to any one of the newer versions, depending on the hard-ware in use.To arrange for a Software Maintenance and Support Agree-ment please contact your Datalogic sales person.