Wasp WWS750 Quick Reference Manual page 8

conditions of the Open Source Software license, the applicable
Open Source Software license will take precedence. Wasp 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 Soft-
ware 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 Wasp shall be sent to the attention of Wasp
Barcode Technologies, 1400 10th Street, Plano TX 75074 USA, or
such other address as may be specified by Wasp in writing.
12. General Provisions.
12.1. Entire Agreement; Amendment. This document contains the
entire agreement between the parties relating to use of the Wasp
Products and the licensing of the Software and supersedes all prior
or contemporaneous agreements, written or oral, between the par-
ties concerning the use of the Wasp Products and licensing of the
Software. This Agreement may not be changed, amended, or modi-
fied except by written document signed by Wasp.
12.2. Waiver. A party's failure to enforce any of the terms and condi-
tions of this Agreement shall not prevent the party' s later enforce-
ment 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 gov-
ern, interpret, and enforce all of End User's and Wasp's respective
rights, duties, and obligations arising from, or relating in any man-
ner to, the subject matter of this Agreement, without regard to
conflict of law principles. The United Nations Convention on Con-
tracts for the International Sale of Goods does not apply.
All rights, duties, and obligations are subject to the courts of the coun-
try in which End User obtained the license. For licenses granted by
Licensee who operates in the countries specified below, the follow-
ing 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 and construed in accordance with the laws of the
State of Oregon U.S.A, without regard to the rules governing con-
flicts 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
Wasp shall have the right, at its absolute discretion, to initiate pro-
ceedings 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. 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.
For Europe, Middle East and Africa:
This Agreement is governed by the laws of Italy. This Agreement
and the rights of the parties hereunder shall be governed by and
construed in accordance with the laws of Italy, without regard to
the rules governing conflicts of law. Italian Court of Bologna shall
have exclusive jurisdiction over all matters regarding this Agree-
ment, except that Wasp shall have the right, at its absolute discre-
tion, 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. 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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