Datalogic Magellan 8400 Quick Reference Manual page 3

DATALOGIC USA INC. MAGELLAN™ END USER LICENSE AGREEMENT
Notice to End User: The Datalogic Product you have acquired contains embedded Software, which is integral to the prod-
uct' s operation. This Software is being provided to you under license, subject to the terms and conditions of this Agree-
ment. 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 Product for instructions. 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 website:
http://www.datalogic.com/OSS.
This End User Software License Agreement ("Agreement") is a legally binding agreement governing the licensing of the
Software and Documentation by Datalogic USA Inc. 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 associated with a separate end-user license agreement is licensed to you under the terms of that license agree-
ment. Datalogic and End User hereby agree as follows:
1. Definitions.
1.1 "Documentation" means materials such as user' s guides, program reference guides, quick reference guides, manu-
als, or similar materials associated with or related to the Datalogic Product, whether in printed, "online", or other
form.
1.2 "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. 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.
1.3 "Datalogic Product" means the Datalogic Magellan™ 800i, Magellan™ 1000i series, Magellan™ 1100i series, Magellan™
1400i series, Magellan™ 2200VS series, Magellan™ 2300HS series, Magellan™ 3200VSi series, Magellan™ 3300HSi
series, Magellan™ 3400VSi series, Magellan™ 3500HSi series, Magellan™ 8100 series, Magellan™ 8200 series, Magel-
lan™ 8300 series, Magellan™ 8400 series, Magellan™ 8500 series, Magellan™ 9300i series, Magellan™ 9400i series,
Magellan™ 9500 series, Magellan™ 9800i series and/or Magellan™ SL series scanner and/or scanner/scale 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.
1.4 "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 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."
2.2 End User shall not copy, modify, decompile, disassemble, reverse engineer, or otherwise reproduce or remanufac-
ture the Software, whether modified or unmodified, nor sell, assign, sublicense, distribute, lend, rent, give, or other-
wise transfer the Software to any other person or organization, for purposes other than as expressly provided in
this Agreement, without Datalogic's prior written consent.
3. Transfers, Support.
3.1 Any copying, installing, reproduction, remanufacture, reverse engineering, electronic transfer, or other use of the
Software on other than the designated Datalogic Product will be a material breach of this Agreement. However,
Datalogic may elect not to terminate this Agreement or the granted licenses, but instead may elect to notify End
User that End User is deemed to have ordered and accepted a license for each breaching use. End User shall pay
Datalogic the applicable list price for such licenses as of the date of such breach.
3.2 End User shall not sell, assign, sublicense, distribute, lend, rent, give, or otherwise transfer the Datalogic Product to
any third party unless such third party agrees with Datalogic in writing to be bound by the terms and conditions of
this Agreement. Any such transfer of the Datalogic Product absent such agreement shall be null and void.
3.3 End User may obtain support for Software from Datalogic at Datalogic' s standard support fees and under Data-
logic' s standard support terms and conditions in effect at the time the support is requested.
Quick Reference Guide i