EULA
VIII
POWERSCAN™ PD96XX
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 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
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:
The validity, interpretation and construction of the Agreement shall be
governed by and construed in accordance with Laws of the Republic of Sin-
gapore. 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 Inter-
national Arbitration Centre (“SIAC”) in accordance with the Arbitration
Rules of the Singapore International Arbitration Centre ("SIAC Rules") for
the time being in force, which rules are deemed to be incorporated by ref-
erence 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 pro-
ceedings. 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 arbi-
trator was validly and properly appointed. All proceedings will be con-
ducted, including all documents presented in such proceedings, in the
English language. The English language version of these terms and condi-
tions prevails over any other language version.
12.4. 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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