EULA
VIII
POWERSCAN™ PM/PBT9600
10. Open Source Software
Portions of the Software include or operate with Open Source software
(“Open Source Software”).
Open Source Software is software covered by a publicly available license
governed solely under Copyright law, whereas the complete terms and
obligations of such license attach to a licensee solely through the act of
copying, using and/or distributing the licensed software, such obligations
often include one or more of attribution obligations, distribution obliga
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tions, copyleft obligations, and intellectual property encumbrances. The
use of any Open Source Software is subject to the terms and conditions of
this Agreement as well as the terms and conditions of the corresponding
license of each Open Source Software package. If there is a conflict
between the terms and conditions of this Agreement and the terms and
conditions of the Open Source Software license, the applicable Open
Source Software license will take precedence. Datalogic is required to
reproduce the software licenses, acknowledgments and copyright notices
as provided by the authors and owners, thus, all such information is pro
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vided in its native language form, without modification or translation.
Please reference and review the above mentioned information to identify
which Open Source Software packages have source code provided or avail
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able.
11. Notices
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 attention of Datalogic IP Tech S.r.l.,
Legal & IP Department, Via San Vitalino 13, 40012 Calderara di Reno (Bolo
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gna), Italy, or such other address as may be specified by Datalogic in writ
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ing.
12. General Provisions
12.1 Entire Agreement; Amendment. This document contains the entire
agreement between the parties relating to use of the Datalogic Prod
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ucts and the licensing of the Software and supersedes all prior or
contemporaneous agreements, written or oral, between the parties
concerning the use of the Datalogic Products and licensing of the
Software. This Agreement may not be changed, amended, or modi
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fied except by written document signed by Datalogic.
12.2 Waiver. A party's failure to enforce any of the terms and conditions
of this Agreement shall not prevent the party's later enforcement of
such terms and conditions.
12.3 Governing Law; Venue: End User agrees to the application of the
laws of the country in which End User obtained the license to govern,
interpret, and enforce all of End User’s and Datalogic’s respective
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 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 apply.
For Americas:
This Agreement is governed by the laws of the State of Oregon. This Agree
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ment and the rights of the parties hereunder shall be governed by and con
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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
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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
