Datalogic PD9330 Quick Reference Manual page 8

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 super-
sedes 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 Data-
logic.
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 obliga-
tions 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 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 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 accor-
dance 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 reason-
able 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 without
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 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.
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 reason-
able attorneys' fees, both at trial and on appeal.
- END -
vi PowerScan™ PD9330