Software Product Policyvi Gryphon™ I GBT4100enforce all of End User’s and Datalogic’s respective rights, duties, and obli-gations arising from, or relating in any manner to, the subject matter of thisAgreement, without regard to conflict of law principles. The United NationsConvention on Contracts for the International Sale of Goods does not apply.All rights, duties, and obligations are subject to the courts of the country inwhich End User obtained the license. For licenses granted by Licensee whooperates 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, withoutregard to the rules governing conflicts of law. The state or federal courts ofthe State of Oregon located in either Multnomah or Lane counties shallhave 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 inwhich End User resides, or in which any of End User's assets are located. Inthe event an action is brought to enforce the terms and conditions of thisAgreement, the prevailing party shall be entitled to reasonable attorneys’fees, both at trial and on appeal.For Europe, Middle East and AfricaThis Agreement is governed by the laws of Italy. This Agreement and therights of the parties hereunder shall be governed by and construed inaccordance with the laws of Italy, without regard to the rules governingconflicts of law. Italian Court of Bologna shall have exclusive jurisdictionover all matters regarding this Agreement, except that Datalogic shall havethe right, at its absolute discretion, to initiate proceedings in the courts ofany other state, country, or territory in which End User resides, or in whichany of End User's assets are located. In the event an action is brought toenforce the terms and conditions of this Agreement, the prevailing partyshall be entitled to reasonable attorneys’ fees, both at trial and on appeal.For Asia- Pacific CountriesThis Agreement is governed by the laws of the State of Hong Kong. ThisAgreement and the rights of the parties hereunder shall be governed byand construed in accordance with the laws of the State of Hong Kong with-out regard to the rules governing conflicts of law. The Court of Hong Kongshall 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 inwhich End User resides, or in which any of End User's assets are located. Inthe event an action is brought to enforce the terms and conditions of thisAgreement, 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 andconditions of this Agreement, the prevailing party shall be entitled to rea-sonable attorneys' fees, both at trial and on appeal.- END -Software Product PolicyDatalogic reserves the right to ship its products with the latest versionof software/firmware available. This provides our customers with thevery latest in Datalogic software technology.The only exception to this policy is when the buyer has a signed contractwith Datalogic that clearly defines the terms and conditions for makingsoftware/firmware changes in products shipped to the buyer.Customers Under Software SupportTo arrange for a Software Maintenance and Support Agreement pleasecontact your Datalogic sales person.