Datalogic PowerScan D8330 Manuel de service télécharger pdf (Page 7)

Software Product Policy

Quick Reference Guide v

10. Termination

10.1Either party may terminate this Agreement or any license granted under this Agreement at any time upon

written notice if the other party breaches any provision of this Agreement.

10.2Upon termination of this Agreement, End User immediately shall cease using any nonembedded software

and shall return to Datalogic or destroy all non-embedded software covered by this Agreement, and shall

furnish Datalogic with a certificate of compliance with this provision signed by an officer or authorized

representative of End User. For embedded software, End User agrees to sign a waiver prepared by Data-

logic concerning further use of the embedded Software. End User's resumed or continued use of the

embedded Software after termination shall constitute End User's agreement to be bound by the terms

and conditions of this Agreement for such use.

11. General Provisions

11.1 Entire Agreement; Amendment. This document contains the entire agreement between the parties relat-

ing to the licensing of the Software and supersedes all prior or contemporaneous agreements, written or

oral, between the parties concerning the licensing of the Software. This Agreement may not be changed,

amended, or modified except by written document signed by Datalogic.

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 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 conditions of this Agreement,

the prevailing party shall be entitled to reasonable attorneys' fees, both at trial and on appeal.

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Software Product Policy

Datalogic reserves the right to ship its products with the latest version of software/firmware avail-

able. 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 Agreement will

receive 30 days advance notification of: (1) the release of a new software version; and/or (2) discontin-

uation of any prior software version that will no longer be supported. Datalogic will provide mainte-

nance 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 contact your Datalogic sales

person.

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Datalogic PowerScan D8330 Manuel de service Page 7

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