Datalogic QuickScan QM2430, Quick Reference Manual

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Quick Reference Guide v
End User specifically agrees not to export or re-export any of the Software: (i)
to any country to which the U.S. has embargoed or restricted the export of
goods or services or to any national of any such country, wherever located,
who intends to transmit or transport the Software back to such country; (ii) to
any person or entity who you know or have reason to know will utilize the
Software in the design, development or production of nuclear, chemical or
biological weapons; or (iii) to any person or entity who has been prohibited
from participating in U.S. export transactions by any federal agency of the U.S.
government. End User warrants and represents that neither the U.S. Com-
merce Department, Bureau of Export Administration nor any other U.S. federal
agency has suspended, revoked or denied its export privileges.
9. Third Party Software
The Datalogic Product may contain one or more items of third party software
which use is governed by separate third party license, unless otherwise stated.
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 distrib-
uting the licensed software, such obligations often include one or more of attribu-
tion obligations, distribution obligations, 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 condi-
tions 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 provided 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 available.
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 (Bologna), Italy, or such other address as
may be specified by Datalogic in writing.
12. General Provisions
12.1. Entire Agreement; Amendment. This document contains the entire agree-
ment between the parties relating to use of the Datalogic Products and the
licensing of the Software and supersedes all prior or contemporaneous agree-
ments, written or oral, between the parties concerning the use of the Data-
logic Products and licensing of the Software. This Agreement may not be
changed, amended, or modified except by written document signed by Data-
logic.
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 obliga-
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