Software Product Policy
vi
PowerScan™ PD9530
tions 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 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 accor-
dance 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 reason-
able 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 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.
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 reason-
able attorneys' fees, both at trial and on appeal.
- END -
Software Product Policy
Datalogic reserves the right to ship its products with the
latest version of software/firmware available. This pro-
vides our customers with the very latest in Datalogic soft-
ware 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.
