Operation Manual

Software Product Policy
iv Touch TD1100
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 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 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 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 proceed-
ings 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 -
Software Product Policy
Datalogic reserves the right to ship its products with the latest version of software/firmware
available. 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 Agree-
ment 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 Data-
logic sales person.