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GRYPHON™ PRODUCT SERIES END USER LICENSE AGREEMENT
Notice to End User: The Datalogic Product you have acquired contains embedded Software, which is
integral to the product's operation. This Software is being provided to you under license, subject to the
terms and conditions of this Agreement. If you use the Datalogic Product, you will be deemed to have
accepted the terms and conditions of this Agreement. If you do not intend to be bound to the terms of
this Agreement, Datalogic is not willing to license the Software to you, you may not use the Datalogic
Product or the Software, and you must contact the party from whom you acquired the Datalogic Prod-
uct for instructions.
This End User Software License Agreement ("Agreement") is a legally binding agreement governing the
licensing of the Software and Documentation by Datalogic Scanning, Inc. and its Affiliates ("Datalogic")
to the entity or person who has purchased or otherwise acquired a Datalogic Product ("End User"). For
purposes of this Agreement, any software that is associated with a separate end-user license agreement
is licensed to you under the terms of that license agreement. Datalogic and End User hereby agree as fol-
lows:
1. Definitions.
1.1 "Affiliate" means a business entity currently existing or later acquired that controls, is controlled by,
or is under common control with Datalogic S.p.A.
1.2 "Documentation" means materials such as user's guides, program reference guides, quick reference
guides, manuals, or similar materials associated with or related to the Datalogic Product,
whether in printed, "online", or other form.
1.3 "Proprietary Information" means: (a) source code, object code, software, documentation, and any
related internal design, system design, data base design, algorithms, technology, technical data
or information, implementation techniques, and trade secrets related to the Software, (b) any
other trade secrets marked appropriately or identified as proprietary or confidential, and (c)
any information that End User, under the circumstances, should recognize as confidential. Pro-
prietary Information does not include any information that the receiving party can establish
was (1) in the public domain, (2) already in the receiving party's possession or rightfully known
prior to receipt, (3) rightfully learned from a third party not in violation of any other's proprie-
tary rights, or (4) independently developed without access to Proprietary Information.
1.4 "Datalogic Product" means the Datalogic® Gryphon™ series scanner product, including all embed-
ded Software in and all Documentation related to such product, which has been purchased or
otherwise acquired by End User, whether obtained directly or indirectly from Datalogic.
1.5 "Software" means any software or computer programs of Datalogic or its third party licensors in
machine readable form which is embedded in the Datalogic Product, whether obtained
directly or indirectly from Datalogic, including any replacement, update, upgrade, enhance-
ment or modification.
2. Scope Of License Granted.
2.1 Datalogic grants to End User a non-exclusive, non-transferable, perpetual license to use the Soft-
ware, solely on the Datalogic Product in which it is embedded ("designated Datalogic Prod-
uct"), in machine-readable form only, solely for End User's internal business purposes. This
Agreement does not convey ownership of the Software to End User. Title to the Software shall
be and remain with Datalogic or the third party from whom Datalogic has obtained a licensed
right. As used in this Agreement, the term "purchase" or its equivalents when applied to the
Software shall mean "acquire under license." End User is not entitled to receipt or use of the
source code to any Software.
2.2
End User shall not copy, modify, decompile, disassemble, reverse engineer, or otherwise repro-
duce or remanufacture the Software, whether modified or unmodified, nor sell, assign, subli-
cense, distribute, lend, rent, give, or otherwise transfer the Software to any other person or
organization, for purposes other than as expressly provided in this Agreement, without Data-
logic's prior written consent.
Quick Reference Guide
Datalogic Scanning, Inc.
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