Quick Reference Guide

END USER SOFTWARE LICENSE AGREEMENT
vi Gryphon™ I GBT/GM4500
9. Third Party Software
The Datalogic Product may contain one or more items of third party
software which use is governed by separate third party license, unless
otherwise stated.
10. Open Source Software
Portions of the Software include or operate with Open Source software
(“Open Source Software”).
Open Source Software is software covered by a publicly available license
governed solely under Copyright law, whereas the complete terms and
obligations of such license attach to a licensee solely through the act of
copying, using and/or distributing the licensed software, such
obligations often include one or more of attribution obligations,
distribution obligations, copyleft obligations, and intellectual property
encumbrances. The use of any Open Source Software is subject to the
terms and conditions of this Agreement as well as the terms and
conditions of the corresponding license of each Open Source Software
package. If there is a conflict between the terms and conditions of this
Agreement and the terms and conditions of the Open Source Software
license, the applicable Open Source Software license will take
precedence. Datalogic is required to reproduce the software licenses,
acknowledgments and copyright notices as provided by the authors and
owners, thus, all such information is provided in its native language
form, without modification or translation. Please reference and review
the above mentioned information to identify which Open Source
Software packages have source code provided or available.
11. Notices
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 Datalogic IP Tech
S.r.l., Legal & IP Department, Via San Vitalino 13, 40012 Calderara di Reno
(Bologna), Italy, or such other address as may be specified by Datalogic in
writing.
12. General Provisions.
12.1. Entire Agreement; Amendment. This document contains the entire
agreement between the parties relating to use of the Datalogic
Products and the licensing of the Software and supersedes all prior
or contemporaneous agreements, written or oral, between the
parties concerning the use of the Datalogic Products and licensing
of the Software. This Agreement may not be changed, amended, or
modified except by written document signed by Datalogic.
12.2. 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.
12.3. Governing Law; Venue
: End User agrees to the application of the
laws of the country in which End User obtained the license to
govern, interpret, and enforce all of End User’s and Datalogic’s
respective rights, duties, and obligations arising from, or relating in
any manner to, the subject matter of this Agreement, without
regard to conflict of law principles. The United Nations Convention
on Contracts for the International Sale of Goods does not apply.
All rights, duties, and obligations are subject to the courts of the country
in which End User obtained the license. For licenses granted by Licensee
who operates in the countries specified below, the following terms
applies.
For Americas:
This Agreement is governed by the laws of the State of Oregon. This
Agreement and the rights of the parties hereunder shall be governed by