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10. Open Source Software
Portions of the Software include or operate with Open Source software ("Open
Source Software").
Open Source Software is software covered by a publicly available license governed
solely under Copyright law, whereas the complete terms and obligations of such
license attach to a licensee solely through the act of copying, using and/or distrib-
uting the licensed software, such obligations often include one or more of attribu-
tion obligations, distribution obligations, copyleft obligations, and intellectual
property encumbrances. The use of any Open Source Software is subject to the
terms and conditions of this Agreement as well as the terms and conditions of the
corresponding license of each Open Source Software package. If there is a conflict
between the terms and conditions of this Agreement and the terms and condi-
tions of the Open Source Software license, the applicable Open Source Software
license will take precedence. Datalogic is required to reproduce the software
licenses, acknowledgments and copyright notices as provided by the authors and
owners, thus, all such information is provided in its native language form, without
modification or translation. Please reference and review the above mentioned
information to identify which Open Source Software packages have source code
provided or available.
11. 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.
12. General Provisions.
12.1. Entire Agreement; Amendment. This document contains the entire agree-
ment between the parties relating to use of the Datalogic Products and the licens-
ing 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 Datalogic.
12.2. 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 con-
ditions.
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 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 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 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 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 Agree-
ment, 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 pre-
vailing party shall be entitled to reasonable 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 application of the United Nations Convention for Interna-
tional Sale of Goods.
Any dispute arising out of or in connection with this contract, including any ques-
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