Software Product Policy4 Gryphon™ L GD4300any provision of this Agreement.10.2 Upon termination of this Agreement, End User immediately shall ceaseusing any nonembedded software and shall return to Datalogic or destroyall non-embedded software covered by this Agreement, and shall furnishDatalogic with a certificate of compliance with this provision signed by anofficer or authorized representative of End User. For embedded software,End User agrees to sign a waiver prepared by Datalogic concerning furtheruse of the embedded Software. End User's resumed or continued use of theembedded Software after termination shall constitute End User's agree-ment to be bound by the terms and conditions of this Agreement for suchuse.11. General Provisions.11.1 Entire Agreement; Amendment. This document contains the entire agreementbetween the parties relating to the licensing of the Software and super-sedes all prior or contemporaneous agreements, written or oral, betweenthe parties concerning the licensing of the Software. This Agreement maynot be changed, amended, or modified except by written document signedby Datalogic.11.2 Notice. All notices required or authorized under this Agreement shall be givenin 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 otheraddress as may be specified by Datalogic in writing.11.3 Waiver. A party's failure to enforce any of the terms and conditions of thisAgreement shall not prevent the party's later enforcement of such termsand 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 theState 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 mattersregarding this Agreement, except that Datalogic shall have the right, at itsabsolute 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'sassets are located.11.5 Attorneys' Fees. In the event an action is brought to enforce the terms andconditions of this Agreement, the prevailing party shall be entitled to rea-sonable attorneys' fees, both at trial and on appeal.- END -Software Product PolicyDatalogic reserves the right to ship its products with the latest version of software/firm-ware available. This provides our customers with the very latest in Datalogic softwaretechnology.The only exception to this policy is when the buyer has a signed contract with Datalogicthat clearly defines the terms and conditions for making software/firmware changes inproducts shipped to the buyer.Customers Under Software SupportCustomers that elect to subscribe to Datalogic Software Maintenance and SupportAgreement will receive 30 days advance notification of: (1) the release of a new softwareversion; and/or (2) discontinuation of any prior software version that will no longer besupported. Datalogic will provide maintenance for a fee that will assist customers in tran-sitioning to the next software version. If a customer is currently using the software ver-sion being discontinued, the customer may elect to transition to any one of the newerversions, depending on the hardware in use.To arrange for a Software Maintenance and Support Agreement please contact your Da-talogic sales person.