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9. Third Party Software
The Datalogic Product may contain one or more items of third party soft-
ware which use is governed by separate third party license, unless other-
wise stated.
10. 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-
gna), Italy, or such other address as may be specified by Datalogic in writ-
ing.
11. General Provisions
11.1 Entire Agreement; Amendment. This document contains the entire
agreement between the parties relating to use of the Datalogic Prod-
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-
fied except by written document signed by Datalogic.
11.2 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.
11.3 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-
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 initi-
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
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
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