Datalogic Magellan 8400 Quick Reference Manual page 5

local laws of the country in which the Datalogic Product is used, with U.S. export control laws, and with the English
language version of this Agreement. The provisions of the "United Nations Convention on International Sale of
Goods" shall not apply to this Agreement.
10. Termination.
10.1 Either party may terminate this Agreement or any license granted under this Agreement at any time upon written
notice if the other party breaches any provision of this Agreement.
10.2 Upon termination of this Agreement, End User immediately shall cease using any non-embedded software and
shall return to Datalogic or destroy all non-embedded software covered by this Agreement, and shall furnish Data-
logic with a certificate of compliance with this provision signed by an officer or authorized representative of End
User. For embedded software, 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 con-
stitute 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 USA 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.
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 Datalogic's respective rights, duties, and obligations
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 apply.
For Americas:
This Agreement is governed by the laws of the State of Oregon. This Agreement and the rights of the parties here-
under 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 Oregon located in either Mult-
nomah 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 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 without
regard to the rules governing conflicts of law. The Court of Hong Kong shall have exclusive jurisdiction over all mat-
ters 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 pre-
vailing party shall be entitled to reasonable attorneys' fees, both at trial and on appeal.
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