Quick Reference Guide
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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.
11.3 Waiver. A party's failure to enforce any of the terms and condi-
tions of this Agreement shall not prevent the party's later enforce-
ment of such terms and conditions.
11.4 Governing Law; Venue: Both parties agree to the application of the
laws of the country in which End User obtained the license to gov-
ern, interpret, and enforce all of End User’s and Datalogic’s respec-
tive 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 Con-
tracts 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 con-
flicts 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 dis-
cretion, 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 without 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 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 condi-
tions 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 reasonable attorneys' fees, both at trial and on
appeal.
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