Software Product Policy
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 AirTrack shall be sent to the attention of Contract Administration,
AirTrack, Inc., 200 West Monroe Street, Chicago, IL 60606, or such other
address as may be specified by AirTrack 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
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 governing conflicts
of law. The state or federal courts of the State of Oregon located in either
Multnomah or Lane counties shall have exclusive jurisdiction over all
matters regarding this Agreement, except that AirTrack 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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END
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Software Product Policy
AirTrack reserves the right to ship its products with the
latest version of software/firmware available. This
provides our customers with the very latest in AirTrack
software technology.
The only exception to this policy is when the buyer has
a signed contract with AirTrack that clearly defines the
terms and conditions for making software/firmware
changes in products shipped to the buyer.
To arrange for a Software Maintenance and Support
Agreement please contact your AirTrack sales person.
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