Datalogic Gryphon GD44XX Quick Reference Manual page 8

ment 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 agree-
ment 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 Agree-
ment may not be changed, amended, or modified except by written docu-
ment 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 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.
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: Both parties agree 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 obli-
gations 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 Agree-
ment and the rights of the parties hereunder shall be governed by and con-
strued 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 initi-
ate 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.
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 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. 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 Asia- Pacific Countries
This Agreement is governed by the laws of the State of Hong Kong. This
Agreement and the rights of the parties hereunder shall be governed by
and construed in accordance with the laws of the State of Hong Kong with-
out regard to the rules governing conflicts of law. The Court of Hong Kong
shall have exclusive jurisdiction over all matters regarding this Agreement,
except that Datalogic shall have the right, at its absolute discretion, to initi-
ate 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
.
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 rea-
sonable attorneys' fees, both at trial and on appeal.
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