Datalogic PowerScan BC9600 Series Quick Reference Manual page 6

EULA
End User specifically agrees not to export or re-export any of the Software: (i) to any country
to which the U.S. has embargoed or restricted the export of goods or services or to any
national of any such country, wherever located, who intends to transmit or transport the Soft-
ware 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 bio-
logical 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 neither 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. 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 distributing the licensed software, such obligations
often include one or more of attribution 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 condi-
tions of this Agreement and the terms and conditions 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 own-
ers, thus, all such information is provided in its native language form, without modification or trans-
lation. 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 effec-
tive 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 (Bolo-
gna), 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 agreement between the
parties relating to use of the Datalogic Products and the licensing of the Software and super-
sedes all prior or contemporaneous agreements, written or oral, between the parties concern-
ing 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 conditions.
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 Data-
logic'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
VI
BC9600 BASE STATIONS