Software Product Policy
vi PowerScan™ PD953X
tion regarding its existence, validity or termination, shall be referred to and finally
resolved by arbitration administered by the Singapore International Arbitration
Centre ("SIAC") in accordance with the Arbitration Rules of the Singapore Interna-
tional Arbitration Centre ("SIAC Rules") for the time being in force, which rules are
deemed to be incorporated by reference in this clause. The seat of the arbitration
shall be Singapore.
The number of arbitrators will be three, with each side to the dispute being entitled
to appoint one arbitrator. The two arbitrators appointed by the parties will appoint
a third arbitrator who will act as chairman of the proceedings. Vacancies in the
post of chairman will be filled by the president of the SIAC. Other vacancies will be
filled by the respective nominating party. Proceedings will continue from the stage
they were at when the vacancy occurred. If one of the parties refuses or otherwise
fails to appoint an arbitrator within 30 days of the date the other party appoints
its, the first appointed arbitrator will be the sole arbitrator, provided that the arbi-
trator was validly and properly appointed. All proceedings will be conducted,
including all documents presented in such proceedings, in the English language.
The English language version of these terms and conditions prevails over any
other language version.
12.4. 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.
- END -
Software Product Policy
Datalogic reserves the right to ship its products with the
latest version of software/firmware available. This pro-
vides our customers with the very latest in Datalogic soft-
ware 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.
To arrange for a Software Maintenance and Support
Agreement please contact your Datalogic sales person.
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