Software Product Policy
vi QuickScan™ QD2430
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 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.
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 discontin-
ued, 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 Datalogic sales person.
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