Datalogic DSM0400, Quick Reference Manual

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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 jurisdic-
tion 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 enti-
tled 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 abso-
lute 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 enti-
tled 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 adminis-
tered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration
Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force,
which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration
shall be Singapore.
The number of arbitrators will be three, with each side to the dispute being entitled to appoint one
arbitrator. The two arbitrators appointed by the parties will appoint a third arbitrator who will act
as chairman of the proceedings. Vacancies in the post of chairman will be filled by the president of
the SIAC. Other vacancies will be filled by the respective nominating party. Proceedings will con-
tinue from the stage they were at when the vacancy occurred. If one of the parties refuses or oth-
erwise fails to appoint an arbitrator within 30 days of the date the other party appoints its, the
first appointed arbitrator will be the sole arbitrator, provided that the arbitrator was validly and
properly appointed. All proceedings will be conducted, including all documents presented in such
proceedings, in the English language. The English language version of these terms and conditions
prevails over any other language version.
12.4. 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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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.
To arrange for a Software Maintenance and Support Agreement please contact your Datalogic
sales person.