vi
Gryphon™ I GM4102
ara 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 agreement between the parties relating to use of the Dat-
alogic Products and the licensing of the Software and super-
sedes all prior or contemporaneous agreements, written or oral,
between the parties concerning the use of the Datalogic Prod-
ucts and licensing of the Software. This Agreement may not be
changed, amended, or modified except by written document
signed by Datalogic.
11.2. Waiver. A party's failure to enforce any of the terms and condi-
tions 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 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 Conven-
tion on Contracts for the International Sale of Goods does not
apply.
All rights, duties, and obligations are subject to the courts of the coun-
try 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 regard-
ing 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 gov-
erning conflicts of law. Italian Court of Bologna shall have exclusive
jurisdiction over all matters regarding this Agreement, except that Dat-
alogic 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.
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 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 and finally resolved by arbitration administered by the Sin-
gapore International Arbitration Centre ("SIAC") in accordance with the
