PREFACE
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attach to a licensee solely through the act of copying, using and/or distributing the
licensed software, such obligations often include one or more of attribution 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 conditions 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 pro
-
vided by the authors and owners, thus, all such information is provided in its native lan-
guage form, without modification or translation. Please reference and review the above
ment
ioned 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 ef
fective 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 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 Agreement may not be changed, amended, or modified except by writ-
ten document signed by Datalogic.
12.2.
Waiver. A party's failure to enforce any of the terms and conditions of this Agree-
ment 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 coun-
try in which End User obtained the license to govern, interpret, and enforce all of End
User’s and Datalogic’s r
espective 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 t
o the courts of the country in which End
User obtained the license. For licenses granted by Licensee who operates in the coun-
tries specified below, the following terms applies.
For Americas:
This Agreement is governed by the laws of the Stat
e 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 Agree-
ment, except that Datalogic shall have the right, at its absolute discretion, to initiate
proceedings in the c
ourts 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 Data-
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