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Datalogic QuickScan I QD2100 Manual

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HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Government Restricted Rights; International Use.
9.1 Use, duplication, or disclosure of the Software by the U.S. Government
is subject to the restrictions for computer software developed at private
expense as set forth in the U.S. Federal Acquisition Regulations at FAR
52.227-14(g), or 52.227-19 or in the Rights in Technical Data and Com-
puter Software clause at DFARS 252.227-7013(c)(1)(ii), whichever is
applicable.
9.2 If End User is using the Datalogic Product outside of the United States,
End User must comply with the applicable local laws of the country in
which the Datalogic Product is used, with U.S. export control laws, and
with the English language version of this Agreement. The provisions of
the "United Nations Convention on International Sale of Goods" shall
not apply to this Agreement.
10. Termination.
10.1 Either 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.
10.2 Upon 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 provi-
sion signed by an officer or authorized representative of End User. For
embedded software, End User agrees to sign a waiver prepared by
Datalogic concerning further use of the embedded Software. End
User's resumed or continued use of the embedded Software after ter-
mination 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 relating 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 writ-
ten 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 writ-
ing.
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 govern-
ing conflicts of law. The state or federal courts of the State of Oregon
located in either Multnomah or Lane counties shall have exclusive juris-
diction 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.
- END -
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