Quick Reference Guide v
tions for computer software developed at private expense as set forth in the U.S. Federal Acqui-
sition Regulations at FAR 52.227-14(g), or 52.227-19 or in the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013(c)(1)(ii), whichever is applicable.
8.2 If End User is using the Datalogic Product outside of the United States, End User must comply
with the applicable local laws of the country in which the Datalogic Product is used and with U.S.
export control laws,. Without prejudice of the foregoing, the End User agrees to not export or
re-export the Software, any part thereof, or any process or service that is the direct product of
the Software to any country, person or entity subject to U.S. export restrictions. End User specif-
ically agrees not to export or re-export any of the Software: (i) to any country to which the U.S.
has embargoed or restricted the export of goods or services or to any national of any such coun-
try, wherever located, who intends to transmit or transport the Software back to such country;
(ii) to any person or entity who you know or have reason to know will utilize the Software in the
design, development or production of nuclear, chemical or biological weapons; or (iii) to any per-
son or entity who has been prohibited from participating in U.S. export transactions by any fed-
eral agency of the U.S. government. End User warrants and represents that neither the U.S.
Commerce Department, Bureau of Export Administration nor any other U.S. federal agency has
suspended, revoked or denied its export privileges.
9. Third Party Software
The Datalogic Product may contain one or more items of third party software which use is gov-
erned by separate third party license, unless otherwise stated.
10. Open Source Software
Portions of the Software include or operate with Open Source software ("Open Source Software").
Open Source Software is software covered by a publicly available license governed solely under
Copyright law, whereas the complete terms and obligations of such license attach to a licensee
solely through the act of copying, using and/or distributing the licensed software, such obliga-
tions often include one or more of attribution obligations, distribution obligations, copyleft obli-
gations, 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 corre-
sponding 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 provided by the
authors and owners, thus, all such information is provided in its native language form, without
modification or translation. Please reference and review the above mentioned 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
effective when received, with evidence of receipt. Notices to Datalogic shall be sent to the atten-
tion 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 super-
sedes 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 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 Data-
logic'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
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