Quick Reference Guide 5
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 Agree-
ment 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
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 condi-
tions of this Agreement, the prevailing party shall be entitled to reasonable attor-
neys' fees, both at trial and on appeal.
- END -
Software Product Policy
Datalogic 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 software
technology.
The only exception to this policy is when the buyer has a signed contract with Datalogic
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 Agree-
ment will receive 30 days advance notification of: (1) the release of a new software ver-
sion; 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 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 newer
versions, depending on the hardware in use.
To arrange for a Software Maintenance and Support Agreement please contact your Dat-
alogic sales person.
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