Wasp WDI4700 Quick Reference Manual page 9

entire agreement between the parties relating to use of the
Wasp Products and the licensing of the Software and super-
sedes all prior or contemporaneous agreements, written or oral,
between the parties concerning the use of the Wasp Products
and licensing of the Software. This Agreement may not be
changed, amended, or modified except by written document
signed by Wasp.
12.2. Waiver. A party's failure to enforce any of the terms and con-
ditions 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 Wasp' s
respective rights, duties, and obligations arising from, or relat-
ing 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 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 Wasp 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. In the event an action is brought to
enforce the terms and conditions of this Agreement, the pre-
vailing 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 Agree-
ment 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 Agreement, except that Wasp 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. 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.
For Asia- Pacific Countries:
The validity, interpretation and construction of the Agreement
shall be governed by and construed in accordance with Laws of
the Republic of Singapore. Parties expressly disclaim the appli-
cation of the United Nations Convention for International Sale
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