vi
PowerScan™ PBT9501
oped at private expense as set forth in the U.S. Federal Acquisition
Regulations at FAR 52.227-14(g), or 52.227-19 or in the Rights in
Technical Data and Computer Software clause at DFARS 252.227-
7013(c)(1)(ii), whichever is applicable.
9.2 If End User is using the Datalogic Product outside of the United
States, End User must comply with the applicable local laws of the
country in which the Datalogic Product is used, with U.S. export
control laws, and with the English language version of this Agree-
ment. The provisions of the "United Nations Convention on Inter-
national Sale of Goods" shall not apply to this Agreement.
10. Termination
10.1Either party may terminate this Agreement or any license granted
under this Agreement at any time upon written notice if the other
party breaches any provision of this Agreement.
10.2Upon termination of this Agreement, End User immediately shall
cease using any non-embedded software and shall return to Data-
logic or destroy all non-embedded software covered by this Agree-
ment, and shall furnish Datalogic with a certificate of compliance
with this provision signed by an officer or authorized representa-
tive of End User. For embedded software, End User agrees to sign a
waiver prepared by Datalogic concerning further use of the embed-
ded Software. End User's resumed or continued use of the embed-
ded Software after termination shall constitute End User's
agreement to be bound by the terms and conditions of this Agree-
ment for such use.
11. General Provisions
11.1 Entire Agreement; Amendment. This document contains the
entire agreement between the parties relating to the licensing of
the Software and supersedes all prior or contemporaneous agree-
ments, written or oral, between the parties concerning the licens-
ing of the Software. This Agreement may not be changed,
amended, or modified except by written document signed by Data-
logic.
11.2 Notice. 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 atten-
tion 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
