Software Product Policy
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DLR-PR001-XX
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:
The validity, interpretation and construction of the Agreement shall be gov-
erned 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 administered by the Singapore International
Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Sin-
gapore 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 continue from the stage they were at when the vacancy occurred. If one of
the parties refuses or otherwise 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 pre-
sented in such proceedings, in the English language. The English language
version of these terms and conditions prevails over any other language ver-
sion.
- 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.
