Datalogic Gryphon I GFS4400 Quick Reference Manual page 6

(EULA) FOR THE GRYPHON™ GFS44XX PRODUCT SERIES
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." 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 otherwise 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 Datalogic's standard support terms and conditions in effect at
the time the support is requested.
4. Intellectual Property.
End User acknowledges that the Software comprises valuable trade secrets of Datalogic or
Datalogic' s third party licensors and that the Software is protected by United States copyright law
and trade secret law, and by all applicable international intellectual property laws and treaty
provisions. The license set forth in this Agreement does not transfer to End User any ownership of
Datalogic' s or its third party licensors' copyrights, patents, trademarks, service marks, trade
secrets, or other intellectual property rights and End User shall have no right to commence any
legal actions to obtain such rights. End User shall not remove, modify, or take any other action
that would obscure any copyright, trademark, patent marking, or other intellectual property
notices contained in or on the Datalogic Product.
5. Proprietary Information.
5.1 End User acknowledges that Proprietary Information is the confidential, proprietary,
and trade secret property of Datalogic and Datalogic' s third party licensors and End
User acquires no right or interest in any Proprietary Information.
5.2 End User shall not disclose, provide, or otherwise make available the Proprietary
Information of Datalogic or its third party licensors to any person other than End User' s
authorized employees or agents who are under confidentiality agreement, and End
User shall not use the Proprietary Information other than in conjunction with use of
iv Gryphon™ GFS4400