Technical data

4 Gryphon™ L GD4300
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 Eng-
lish 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 provision 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 termination shall constitute End User's agree-
ment 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 super-
sedes 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 Administra-
tion, Datalogic Scanning, 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 Multno-
mah 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 rea-
sonable attorneys' fees, both at trial and on appeal.
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