Datalogic QuickScan QM21X1 Quick Reference Manual page 9

located, who intends to transmit or transport the Software back to such
country; (ii) to any person or entity who you know or have reason to know will
utilize the Software in the design, development or production of nuclear,
chemical or biological weapons; or (iii) to any person or entity who has been
prohibited from participating in U.S. export transactions by any federal
agency of the U.S. government. End User warrants and represents that nei-
ther the U.S. Commerce Department, Bureau of Export Administration nor
any other U.S. federal agency has suspended, revoked or denied its export
privileges.
9. Third Party Software
The Datalogic Product may contain one or more items of third party software
which use is governed by separate third party license, unless otherwise stated.
10. 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 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. General Provisions
11.1.Entire Agreement; Amendment. This document contains the entire agree-
ment between the parties relating to use of the Datalogic Products and the
licensing of the Software and supersedes all prior or contemporaneous
agreements, written or oral, between the parties concerning the use of the
Datalogic Products and licensing of the Software. This Agreement may not be
changed, amended, or modified except by written document signed by Data-
logic.
11.2.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.
11.3.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 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 proceed-
ings 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:
The validity, interpretation and construction of the Agreement shall be gov-
erned by and construed in accordance with Laws of the Republic of Singa-
pore. Parties expressly disclaim the application of the United Nations
Convention for International Sale of Goods.
Any dispute arising out of or in connection with this contract, including any
question regarding its existence, validity or termination, shall be referred to
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