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DLR-BT001-XX
12. General Provisions
12.1 Entire Agreement; Amendment. This document contains the entire agreement between the
parties relating to use of the Datalogic Products 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 Agree-
ment may not be changed, amended, or modified 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 spec-
ified 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 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 par-
ties 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 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 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 Agree-
ment, 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 rea-
sonable attorneys' fees, both at trial and on appeal.
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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