END USER SOFTWARE LICENSE AGREEMENT
Quick Reference Guide
vii
11.3 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.
11.4 Governing Law; Venue: Both parties agree 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 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 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 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 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
11.5 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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