Software Product Policy
vi PowerScan™ PM9500
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 ADC, Inc., 959 Terry 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
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 hereun-
der 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 dis-
cretion, to initiate proceedings in the courts of any other state, country, or ter-
ritory 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 reason-
able attorneys' 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/firmware available. This provides our customers with the very lat-
est 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 soft-
ware/firmware changes in products shipped to the buyer.
Customers Under Software Support
Customers that elect to subscribe to Datalogic Software Maintenance and
Support Agreement will receive 30 days advance notification of: (1) the
release of a new software version; 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 transitioning to the next
software version. If a customer is currently using the software version
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 con-
tact your Datalogic sales person.
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