End User Software License Agreement (Eula) - Datalogic Gryphon GBT4400 Quick Reference Manual

END USER SOFTWARE LICENSE AGREEMENT (EULA)

Notice to End User: There are two types of software covered by this END USER
LICENSE AGREEMENT ("EULA"): (1) The Datalogic Product you have acquired con-
tains embedded software ("Embedded Software") which is integral to the Product' s
operation; and (2) Optional Application Software provided to you on an optional
basis ("Application Software"). Embedded Software and Application Software are
collectively referred to as "Software" and are subject to the terms and conditions
contained in this EULA. Software is provided only for use with, and for authorized
end users of, the Datalogic Gryphon™ GBT44XX. Portions of the Embedded Software
include or operate with Open Source software or libraries ("Open Source"). Use of
Open Source is subject to the Open Source licenses available at the following web-
site: http://www.datalogic.com/oss.
This EULA (End User Software License Agreement) ("EULA" or "Agreement") is a
legally binding agreement governing the licensing of the Software and Documenta-
tion by Datalogic IP Tech S.r.l. and its subsidiaries and 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 not Embedded Soft-
ware or Application Software is software 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 follows:
1. Definitions.
1.1 "Affiliate" means a business entity currently existing or later acquired that
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, implementa-
tion techniques, and trade secrets related to the Software, (b) any other
trade secrets marked appropriately or identified as proprietary or confiden-
tial, and (c) any information that End User, under the circumstances, should
recognize as confidential. Proprietary 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 proprietary rights, or (4) independently developed without
access to Proprietary Information.
1.4 "Datalogic Product" means the Datalogic Gryphon™ GBT44XX series scanner
product, including all embedded 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, enhancement or modification.
2. Scope Of License Granted.
2.1 Datalogic grants to End User a personal non-exclusive, non-transferable,
perpetual license to use the Software, solely on the Datalogic Product in
which it is embedded ("designated Datalogic Product"), 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 Soft-
ware shall be and remain with Datalogic or the third party from whom Dat-
alogic 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 reproduce or remanufacture the Software, whether modified
or unmodified, nor sell, assign, sublicense, distribute, lend, rent, give, or oth-
erwise transfer the Software to any other person or organization, for pur-
poses other than as expressly provided in this Agreement, without
Datalogic' s prior written consent.
Quick Reference Guide
DATALOGIC IP TECH S.R.L.
FOR THE GRYPHON™ GBT44XX
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