Software Product Policy
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Gryphon™ I GM410X
enforce all of End User’s and Datalogic’s respective rights, duties, and obli-
gations 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 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 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 with-
out regard to the rules governing conflicts of law. The Court of Hong Kong
shall have exclusive jurisdiction over all matters regarding this Agreement,
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 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 prevailing party shall be entitled to rea-
sonable attorneys' fees, both at trial and on appeal.
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Software Product Policy
Datalogic reserves the right to ship its products with the latest version
of software/firmware available. This provides our customers with the
very latest in Datalogic software technology.
The only exception to this policy is when the buyer has a signed contract
with Datalogic that clearly defines the terms and conditions for making
software/firmware changes in products shipped to the buyer.
Customers Under Software Support
To arrange for a Software Maintenance and Support Agreement please
contact your Datalogic sales person.
