End User License Agreement - Datalogic Gryphon GBT4102 Quick Reference Manual

END USER LICENSE AGREEMENT

NOTICE TO END USER: BY DOWNLOADING OR INSTALLING THE SOFT-
WARE, OR BY USING THE DATALOGIC PRODUCT THAT INCLUDES THIS
SOFTWARE, THE END USER CONSENTS TO BE BOUND BY THIS AGREE-
MENT. IF THE END USER DOES NOT AGREE WITH ALL OF THE TERMS
OF THIS AGREEMENT, THEN DATALOGIC IS NOT WILLING TO LICENSE
THE SOFTWARE AND THE END USER IS NOT ALLOWED TO DOWNLOAD,
INSTALL OR USE THE SOFTWARE OR THE DATALOGIC PRODUCT ---
This End User License Agreement ("EULA") is between Datalogic IP Tech
S.r.l. having its registered office at Via San Vitalino 13, 40012 Calderara
di Reno (Bologna), Italy ("Datalogic"), and you, either an individual or a
single entity, ("End User or "You"") who has purchased one or more Gry-
phon I GBT4102 ("Datalogic Product") subject to the terms and condi-
tions provided in any relevant purchase or sale contract. This EULA
applies to the software contained in the Datalogic Product ("Embedded
Software") and to any other software, to the extent applicable, offered
as optional application software ("Application Software" that together
with "Embedded Software" is herein referred to as "Software").
1. Grant of License
1.1 Datalogic grants to End User, a personal, non-exclusive, non-
transferable, non-sublicensable, revocable, limited license to use
the Software, solely on the Datalogic Product in which it is
embedded or for which it is intended for use, in machine-read-
able form only, solely for End User's internal business purposes.
1.2 End Users shall not distribute, sublicense, rent, loan, lease,
assign, export, re-export, resell, ship or divert or cause to be
exported, re-exported, resold, shipped or diverted, directly or
indirectly, the Software under this Agreement. End User shall
not, and shall not permit others to: (i) modify, translate, decom-
pile, reverse engineer, disassemble, or extract the inner workings
of the Software, (ii) copy the functionality of the Datalogic Prod-
ucts; (iii) remove any proprietary notices, marks, labels, or logos
from the Datalogic Products; (iv) rent or transfer all or some of
the Software to any other party without Datalogic's prior written
consent.
1.3. Title to the licensed Software shall be and remain with Datalogic
or the third party from whom Datalogic has obtained a license
right. This Agreement does not grant to End User any intellectual
property rights. As used in this Agreement the term "purchase"
or its equivalent when applied to the Software shall mean
"acquire under license". End User is not entitled to receipt or use
of the source code of any licensed Software.
1.4 Portions of the Datalogic Product are protected by the relevant
and applicable patent and copyright laws, international treaty
provisions, and other applicable laws. Therefore, End User must
treat the Datalogic Product like any other copyrighted material
(e.g., a book or musical recording) except that End User may
make one copy of the Software solely for back-up purposes.
Unauthorized duplication of the Software constitutes copyright
infringement.
1.5 Any use of the Software outside of the conditions set forth
herein is strictly prohibited and will be deemed a breach of this
Agreement resulting in immediate termination of this Agree-
ment. In the event of a breach of this Agreement, Datalogic will
be entitled to all available remedies at law or in equity (including
but not limiting to immediate termination of the license without
notice, immediate injunctive relief and repossession of all Data-
logic Products).
1.6 Without prejudice of the foregoing, End User grants to Datalogic
and its independent accountants or consultants the right to
examine End User's books, records and accounts during End
User' s normal business hours to verify compliance with this
Quick Reference Guide iii