PSC QuickScanQS6500BT Service Manual Page 6

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iv QuickScan
TM
QS6500BT
ware, 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 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 hereunder shall be gov-
erned 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 Ore-
gon 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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