Quick Reference Guide

END USER SOFTWARE LICENSE AGREEMENT
Quick Reference Guide vii
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:
The validity, interpretation and construction of the Agreement shall be
governed by and construed in accordance with Laws of the Republic of
Singapore. 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 International 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 reference 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
proceedings. 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 arbitrator was validly and properly appointed. All
proceedings will be conducted, including all documents presented in
such proceedings, in the English language. The English language version
of these terms and conditions 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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